INFORMATION

on

Residence permit for Hungarian Card

1) Which third-country nationals shall be granted a Hungarian Card?

A Hungarian Card may be granted to a third-country national

• ·whose purpose of residence is to perform actual work for or under the direction of others, for remuneration, under contract for employment relationship,
• ·who, as an owner or managing director of a company, association or other legal entity- established for gainful activities-, performs actual work in addition to the activities falling within the scope of this activity.
• ·the Hungarian Card may also be issued to third-country nationals with higher professional qualifications who are employed in Hungary on the basis of an agreement concluded between an employer established in a third country and a domestic employer in order to fulfil an agreement.

Even if the above requirements are fulfilled, third-country nationals may only be granted a Hungarian Card, if they:

• ·have a professional qualification specified in the Decree by the minister responsible for higher education,
• ·are a professional sportsman/woman or a professional coach,
• ·are a performer, or
• ·work for a film production company registered by the competent authority for cinematography and by the Act on motion picture.

Definition of third-country nationals:

• ·Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals or family members of an EEA national, and
• ·stateless persons

qualify as third-country nationals.

1. 1)Where can clients submit their applications?

1. I.Application for the issuance of a residence permit

1. a)Application submission outside of Hungary

If your entry into Hungary does not constitute a visa-exempt travel, your application for the issuance of a residence permit is to be submitted outside of Hungary. 

You may submit an application before a diplomatic or consular foreign mission of Hungary in the country of your nationality or your habitual place of residence. Please be advised to contact the competent foreign mission of Hungary to inquire for further information, if there are any other places authorised to receive applications for a residence permit. Such application receiving places are constituted by e.g. honorary consuls, trade representations, and external service providers.  

If there are not any consulates or other types of places receiving application in the country of your nationality or your habitual place of residence, in exceptional cases, you may submit an application in a country where you are staying legally provided that you provide proof of the reasons of your exceptional application submission.

Submitting an application for a visa separately is not required, as an application for the issuance of a residence permit comprises an application for a visa entitling its holder to collect a residence permit.

1. b)Application submission within the territory of Hungary

When can an application for the issuance of a residence permit be submitted within the territory of Hungary?

If you are allowed to enter the territory of Hungary visa free  due to your nationality, and you are not a holder of a residence permit, you may submit an application for a residence permit during your legal stay in Hungary, within the territory of Hungary as well.

How can applications for a residence permit be submitted in Hungary?

Application submission in Hungary is available:

• ·by electronic means via the electronic information system and procedure initiation platform ofEnter Hungary, which is available by clicking here, or
• ·in person, before the competent regional directorate of National Directorate-General for Aliens Policing (hereinafter: NDGAP) as per the applicant’s place of accommodation. Contact details of the regional directorates and further information are available by clicking here.

Please note that application submission is available only via the Enter Hungary platform if your attorney-in-fact is a legal representative or a legal person.

1. II.Application for the extension of a residence permit

Submission of applications for the extension of a residence permit is only available within the territory of Hungary, via the platform of Enter Hungary, which is available by clicking here.

Please be informed that the extension of the residence permit is only possible if

• ·you are a holder of a valid residence permit at the time of application submission,
• ·you resided within the territory of Hungary with your residence permit at least for 90 days in any 180-day period.

Furthermore, please note that an application for the extension of a residence permit is to be submitted at least 30 days prior to the date of expiry of the issued residence permit.

1. 3)Additional information on application submission

For submission of an application in person, applicants are required to complete the application form correctly in full and to submit the completed document with their signature. The form is available by clicking here and the appendix here.

For submission of an application via the platform of Enter Hungary, the full and correct completion of the electronic application form is required, which is available on the platform. The platform of Enter Hungary is available by clicking here.

If the applicant is a minor with limited capacity or incapacitated, the application may be submitted by the applicant's legal representative, but if the applicant is over the age of six, he or she must appear in person, before the competent regional directorate of NDGAP by the time of submission.

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph and fingerprint of the applicant will be taken.

An application submitted via the platform of Enter Hungary is deemed to have been received by the immigration authority, if the administrative service fee has been paid, and the facial photograph and fingerprint of the applicant is taken and signature specimen of the applicant is recorded within 15 days from the date of receipt. The immigration authority will send out a notification when your application is deemed to have been received.

1. 4)Administrative service fee for the procedure

For information on administrative service fees for procedures, please click here.

1. 5)What are the mandatory attachments/enclosures of an application?

For the approval of your application for a residence permit, you are required to meet conditions for entry and residence in Hungary, during the procedures mandatory attachments/enclosures may serve as proof of meeting the set conditions.

Please make sure completion of the attachments/enclosures in full and check all documents before submission, supporting the soonest possible processing and examination of your application.

Documents in proof of the purpose of residence

The following documents may serve as proof of the purpose of residence:

• ·a preliminary agreement or a valid work contract established for an employment requiring higher professional qualification and
• ·a certificate of higher education or professional qualifications required for the job specified in the preliminary agreement or work contract (this is not required if you are applying as a professional sportsperson, professional coach, performer or film producer).

If the Hungarian employment was established on the basis of an agreement concluded between an employer established in a third country and a domestic employer in order to fulfil an agreement, the following documents must be attached besides the above mentioned

• ·the agreement between an employer established in a third country and a domestic employer for the purpose of the third-country worker's employment in Hungary.

If you apply for a Hungarian Card because you perform actual work in relation to the activities of a company, cooperative or other legal entity -established for gainful purposes- as an owner or an executive officer, the competent authority may request additional documents to confirm the operation of the company, in particular:

• ·a detailed statement of the economic activity,
• ·an enterprise contract,
• ·contract of assignment, agreement,
• ·contract of sales, purchase contract,
• ·a certificate from the tax authority stating that the company is not liable for taxes and contributions, it is not subject to execution or liquidation proceedings,
• ·certificate that the company has fulfilled its obligations relating to the declaration of all its employees to the immigration authorities and the payment of taxes and contributions.

Documents in proof of means of subsistence in Hungary

One of the following documents must be submitted as proof that the applicant has sufficient resources, i.e. (s)he can cover costs related to his/her subsistence, accommodation, return/onward travel (i.e. exit from Hungary) and healthcare services from legally acquired income and savings:

• ·a preliminary agreement,
• ·a document on legal relationship of employment,
• ·a certificate from a credit institution under the applicant’s name (e.g. a bank account statement, an account statement on savings or stocks and bonds, bank balance statement),
• ·a document on regular income issued by the employer or the tax authority.

Documents proving that the applicant has a place of accommodation in Hungary

One of the following documents must be submitted as proof that the applicant is the owner of a residential property suitable for habitation, or (s)he has legal title to use such a real estate:

• ·a residential lease contract,
• ·a document on accommodation by courtesy,
• ·a document in proof of ownership of the residential property,
• ·a document in proof of the reservation of accommodation and payment for it,
• ·a certificate by the applicant’s employer declaring that the employer will provide for the applicant’s place of accommodation.

Documents proving that the applicant has health insurance

Documentary evidence must be submitted as proof that the applicant has access to comprehensive health insurance services covering all healthcare services or that (s)he can cover the costs of such services.

An applicant meets this condition in the following cases:

• ·(s)he qualifies as a person with health insurance services under social security,
• ·(s)he has access to the Hungarian health insurance services within the framework of an international convention/treaty or agreement,
• ·(s)he can cover the costs of his/her healthcare services based on documents in proof of his/her means of subsistence available in Hungary.

Documents proving that the applicant meets the conditions of exit (i.e. conditions to a return/onward travel)

Meeting the conditions of exit may be proved by:

• ·a valid passport,
• ·having a valid ticket/valid tickets for the relevant travel or the amount of money to cover the costs of the travel.

Other required documents

• ·If the applicant is a minor documentary evidence must be submitted as proof that his/her parent or legal guardian has consented to his/her stay in Hungary. The parental consent must be provided in a private or authentic instrument with full probative value with a translation into Hungarian or English language.
• ·Attaching/enclosing 1 facial photograph to/with the application is required.

In case of an extension, attaching/enclosing documents on unchanged conditions again is not required.

1. 6)Other information in relation to the procedure

Applications for the issuance/extension of a residence permit for Hungarian Card are examined under a single application procedure.

For detailed information on the single application procedure, please click here.

1. 7)Time period of procedural administration

Time period for procedural administration: 21 days.

In addition to mandatory attachments/enclosures, NDGAP may request the submission of further documents for clarification of facts of the case or implement other procedural conducts.

The period for remedying deficiencies (e.g., submission of missing documents) and for the implementation of various other procedural conducts is not comprised in the time period of the procedural administration. 

The authority acting on the application case adopts a decision as to merits within 70 days from the date of the submission of the application.

1. 8)Receiving the residence permit document

If you submitted your application for a residence permit before a foreign diplomatic or consular mission of Hungary and the regional directorate approves your application for a residence permit, it shall constitute approval for the issuance of an entry visa entitling its holder to receive a residence permit, of which the competent Hungarian consulate shall be notified by the regional directorate.

The entry visa entitling its holder to receive a residence permit shall be issued by the competent consulate officer.

Please note that type D visas entitling their holder to receive their residence permits issued to third-country nationals are single-entry visas authorising a stay of not more than 30 days and are valid for 3 months.

Please note that if you do not enter the territory of Hungary within 3 months from the date of approval of the issuance of your residence permit and do not start your approved residence, the approved residence permit becomes invalid and the approval of your accrued right of entry and residence ceases.

A residence permit document shall be delivered by way of post to the address indicated as place of delivery in the application form.

Please note that receiving your document before NDGAP’s regional directorate in person is only allowed, if you prove that you are not in a position to receive the document at the address indicated as place of delivery in your application.

1. 9)How long is the validity period of the permit?

Validity period of the document is maximised in 3 years, and it may be extended for 3 years.

Please note that the authority shall determine the date of expiry of the residence permit in a way that the third-country national’s travel document shall be valid at least for another 3 months after the date of expiry of the approved residence.

1. 10)Further information

• ·Appeal

In case of refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of first instance, or at the Hungarian diplomatic or consular foreign mission where the application was submitted.

Please note that the authority shall dismiss the appeal without any examination as to merits in the following cases:

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

-  the applicant introduces and refers to new facts of the case, of which (s)he was aware before the decision was adopted,

-  the appeal is submitted without indicating its grounds or cause.

For information on reporting obligations, please click here.

Information

on

Obligations of the employer and host organization

1. 1)Obligation concerning the employee’s residence permit

The employer or the host organisation must ensure that, at the latest on the day the third-country national starts working, the third-country national is in the possession of a valid residence permit authorising him/her to work for the employer or the host organisation.

The employer or the host organisation must keep a copy of the residence permit presented by the third-country national for the duration of employment.

The immigration authority may ask you to present the above mentioned during an official inspection.

1. 2)Notification obligations

Notification of the start of employment

The employer must notify the immigration authority of the start of the employment of a third-country national within the following deadlines:

• ·if the employer or host organization has submitted the application for a residence permit entitling its holder to perform work, within 5 days of receipt of the residence permit entitling its holder to perform work issued to the third-country national,
• ·if the employer or the host organization has submitted the application for a residence permit entitling its holder to perform work but the third-country national enters Hungary after the date of receipt (within a reasonable time from the expected start date agreed in the preliminary agreement), within 5 days of the date of entry,
• ·in cases not covered by the previous two cases, within 5 days of receipt of the residence permit entitling its holder to perform work issued to the third-country national;
• ·for third-country nationals holding a residence permit for the purpose of studies, within 5 days of the start of the work.

Notification of non-commencement of employment

The employer or the host organization must notify the immigration authority if the third-country national does not start the authorized work within the following deadlines:

• ·if the employer or the host organization has submitted the application for a residence permit entitling its holder to perform work and the employer or the host organization becomes aware that the third-country national will not start working for the employer or the host organization, immediately and at the latest within 5 days of becoming aware of this;
• ·if the employer or the host organization has not submitted the application for a residence permit entitling its holder to perform work, but becomes aware that the third-country national will not start working for the employer or the host organization within a reasonable period of time after the expected starting date specified in the prior agreement for the employment relationship, immediately, but no later than 5 days after the expected starting date specified in the employment contract.

Notification of termination of employment

The employer or the host organisation must notify the immigration authority within 5 days of the occurrence of the fact or circumstance on which the notification is based that the work will be discontinued within the period of validity of the residence permit entitling its holder to perform work.

The employer or the host organization must provide the following information on the start, non-commencement or termination of employment:

• ·employer’s or host entity’s particulars (name, address, registered address, place of business, company form, registered number),
• ·particulars of the third-country national worker or intra-corporate transferee,
• ·document number of the residence permit of the third-country national worker or intra-corporate transferee,
• ·position,
• ·the date of start or non-commencement of the actual work or intra-corporate transfer, or the date of termination of employment before the expiry of the work permit or single permit.

The employer carries out the above mentioned notifications electronically via Enter Hungary platform after electronic identification.

Legal consequences of failure to notify the start, non-commencement or termination of employment

An employer or host organization that fails to notify the start, non-commencement or termination of employment or fails to comply with its obligation to ascertaining facts with regards to the residence permit shall be subject to a public order penalty by the immigration authority, in proportion of the number of third-country nationals employed, in an amount up to HUF 1,000,000 (one million) per employee.

The employer or the host organization is exempted from the obligation to pay the public order penalty if it proves – as detailed above – its compliance with obligations to check and report.

The employer or the host organization is not exempted from the obligation to pay the public order penalty if it knew or with due diligence and attention it could have known that the document presented as a valid residence permit or other residence permit document was false.

The main contractor and any intermediate subcontractors shall be jointly and severally liable with the subcontracting employer or the host entity for the payment of the penalty if they knew or with due diligence and attention they could have known that the subcontracting employer was employing a third-country national without a residence permit.

Notification of an intra-corporate transfer of less than 90 days

At the latest within 5 days of starting the work, the host organization must report if a third-country national holding a residence permit issued by a Member State of the European Union for the purpose of intra-corporate transfer is to work in Hungary for the host organization for an intended period not exceeding ninety days.

The notification must include

• ·natural identification date of the third-country national,
• ·the planned duration of the intra-corporate transfer and
• ·the affiliation of group of companies of the host organization.

The employer carries out the above mentioned notification electronically through Enter Hungary  platform after electronic identification.

Notification of changes to employment conditions in the case of a residence permit for guest workers

An employer employing a foreigner with a residence permit for guest workers, if there is a change in the terms and conditions of employment of the guest worker it employs, must notify the National Directorate- General for Aliens Policing within 5 days of the change via the Enter Hungary  platform, by providing the following information:

• ·employer’s or host entity’s particulars (name, address, registered address, place of business, company form, registered number),
• ·natural identification data of the guest worker,
• ·document number of the residence permit of the guest worker,
• ·the name and FEOR number of the authorized and changed profession,
• ·the address of the authorized and changed place of work in Hungary.

1. 3)Specific obligations for the employer of the guest worker

The employer must ensure that the guest worker holding

• ·a residence permit issued for employment for the purpose of investment,
• ·a residence permit issued for the purpose of employment, or
• ·a residence permit issued for guest workers

shall leave the territory of Hungary no later than 6 days after the termination of the employment relationship in the event of termination or cessation of the employment relationship.

If the employer does not comply with this obligation, the immigration authority will impose a fine of HUF 5,000,000.

The employer is exempted from paying the penalty if it proves that it has acted in accordance with the normal conduct expected in the given circumstances in fulfilling the above mentioned obligation.

In particular, the employer fulfils the requirement of conduct normally expected in the given situation if it fully complies with its obligation to notify the immigration authority and can prove that

• ·the guest worker was informed, in a language which (s)he understood, about the legal consequences of aliens policing nature of the termination of employment, and about the obligation for leaving the country and relevant sanctions;
• ·the employer had a flight ticket under the name of the guest worker to the country of origin or to the country of departure indicated in the declaration part of the application, or to whom the guest worker has presented such a flight ticket and can provide documentary proof of this, and
• ·the reason why the guest worker did not depart as

1. othe guest worker left his/her registered accommodation for an unknown place before the day of departure and could not establish contact with her/him, or
2. othe guest worker has an employment relationship with another employer, and the employer is aware of the change of employer and can provide documentary evidence of it.

The employer must reimburse the costs of expulsion, removal and aliens policing detention advanced by the aliens policing authority and the body established for general police duties if

• ·the expelled guest worker does not have the costs covered and
• ·the expulsion was ordered because the guest worker

1. odoes not fulfill the conditions of residence,
2. ohas worked without a permit, or
3. othe entry and stay of the person threatens or endangers public health.

If in the event of termination or cessation of the employment of the guest worker, the employer or the host organization fails to comply with its obligation in connection with the guest worker's obligation to leave the country or to report the non-commencement or termination of employment of the guest worker in the case of 30% of the number of guest workers it brought to Hungary in a calendar year, the employer or the host organization may not employ any more guest workers beyond the existing guest worker staff for 2 years from the date of the fine.

INFORMATION

on

Residence permit for reasons of Hungarian national interest

1.) Which third-country nationals are eligible to be granted a residence permit for reasons of Hungarian national interest?

In the national interest, the Minister responsible for immigration and asylum may grant a residence permit to a third-country national if he or she can prove that his or her stay is in the national interest.

It may be in the national interest: Hungary's economic, national political, scientific, cultural and sporting interests.

Residence permit for reasons of Hungarian national interest may be issued to a third-country national, whose purpose of residence is to perform actual work in Hungary (for or under the direction of others, for remuneration, under contract for employment relationship)

Definition of third-country nationals:

• ·Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals or family members of an EEA national, and
• ·stateless persons

qualify as third-country nationals.

2) Where can clients submit their applications?

1. I.Application for the issuance of a residence permit

1. a)Application submission outside of Hungary

If your entry into Hungary does not constitute a visa-exempt travel, your application for the issuance of a residence permit is to be submitted outside of Hungary. 

You may submit an application before a diplomatic or consular foreign mission of Hungary in the country of your nationality or your habitual place of residence. Please be advised to contact the competent foreign mission of Hungary to inquire for further information, if there are any other places authorised to receive applications for a residence permit. Such application receiving places are constituted by e.g. honorary consuls, trade representations, and external service providers.  

If there are not any consulates or other types of places receiving application in the country of your nationality or your habitual place of residence, in exceptional cases, you may submit an application in a country where you are staying legally provided that you provide proof of the reasons of your exceptional application submission.

Submitting an application for a visa separately is not required, as an application for the issuance of a residence permit comprises an application for a visa entitling its holder to collect a residence permit.

b) Application submission within the territory of Hungary

If you are allowed to enter the territory of Hungary visa free  due to your nationality, and you are not a holder of a residence permit, you may submit an application for a residence permit within the territory of Hungary during your legal stay as well.

Application submission in Hungary is available:

• ·by electronic means via the electronic information system and procedure initiation platform of Enter Hungary, which is available by clicking here, or
• ·in person, before the competent regional directorate of NDGAP as per the applicant’s place of accommodation. Contact details of the regional directorates and further information are available by clicking here.

Please note that application submission is available only via the Enter Hungary platform if your attorney-in-fact is a legal representative or a legal person.

II. Application for the extension of a residence permit

Submission of applications for the extension of a residence is only available within the territory of Hungary, via the platform of Enter Hungary, which is available by clicking here.

Please be informed that the extension of the residence permit is only possible if

• ·you are a holder of a valid residence permit for guest workers at the time of application submission,
• ·you resided within the territory of Hungary with your residence permit at least for 90 days in any 180-day period.

Furthermore, please note that an application for the extension of a residence permit for guest workers is to be submitted at least 30 days prior to the date of expiry of the issued residence permit.

3) Additional information on application submission

For submission of an application in person, applicants are required to complete the application form correctly in full and to submit the completed document with their signature. The form is available by clicking here and the appendix here.

For submission of an application via the platform of Enter Hungary, the full and correct completion of the electronic application form is required, which is available on the platform. The platform of Enter Hungary is available by clicking here.

In case of submission of an application in person, you will be exempted from the obligation to appear in person only if you are unable to do so because of your state of health.

If the applicant is a minor with limited capacity or incapacity, the application is submitted by the applicant's legal representative, but if the applicant is over the age of six, he or she must appear in person when submitting the application.

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph and fingerprint of the applicant (over the age of six) will be taken.

An application submitted via the platform of Enter Hungary is deemed to have been received by the immigration authority, if the administrative service fee has been paid, and the facial photograph and fingerprint of the applicant is taken and signature specimen of the applicant is recorded within 15 days from the date of receipt. The immigration authority will send out a notification when your application is deemed to have been received.

4) Administrative service fee for the procedure

For information on administrative service fees for procedures, please click here.

5) What are the mandatory attachments/enclosures of an application?

For the approval of an application for a residence permit, the applicant is required to meet conditions for entry and residence in Hungary, during the procedures mandatory attachments/enclosures may serve as proof of meeting the set conditions.

Please make sure completion of the attachments/enclosures is in full and check all documents before submission, supporting the soonest possible processing and examination of the application.

Documents in proof of the purpose of residence

The following documents may serve as proof of the purpose of residence:

• ·a declaration of economic, national political, scientific, cultural or sporting interest,
• ·if you can provide documentary evidence of the above, this must also be attached,
• ·if the purpose of residence is employment, a preliminary agreement on establishment of an employment relationship, a document on legal relationship of employment.

Other required documents

• ·If the applicant is a minor, (s)he must prove that his/her parent or legal guardian has consented to his/her stay in Hungary. The parental consent must be recorded in a private or public document with full probative value and accompanied by a translation into Hungarian or English.
• ·Attaching/enclosing 1 facial photograph to/with the application is required

6) Time period of procedural administration

Time period for procedural administration: 21 days.

In addition to mandatory attachments/enclosures, NDGAP may request the submission of further documents for clarification of facts of the case or implement other procedural conducts.

The period for remedying deficiencies (e.g., submission of missing documents) and for the implementation of various other procedural conducts is not comprised in the time period of the procedural administration. 

7) Receiving the residence permit document

If you submitted your application for a residence permit before a foreign diplomatic or consular mission of Hungary and the regional directorate approves your application for a residence permit, it shall constitute approval for the issuance of an entry visa entitling its holder to receive a residence permit, of which the competent Hungarian consulate shall be notified by the regional directorate. The entry visa entitling its holder to receive a residence permit shall be issued by the competent consulate officer.

Please note that type D visas entitling their holder to receive their residence permits issued to third-country nationals are single-entry visas authorising a stay of not more than 30 days and are valid for 3 months.

Please note that if you do not enter the territory of Hungary within 3 months from the date of approval of the issuance of your residence permit and do not start your approved residence, the approved residence permit becomes invalid and the approval of your accrued right of entry and residence ceases.

A residence permit document shall be delivered by way of post to the address indicated as place of delivery in the application form.

Please note that receiving your document before NDGAP’s regional directorate in person is only allowed, if you prove that you are not in a position to receive the document at the address indicated as place of delivery in your application.

8) How long is the validity period of the permit?

Validity period of the document is maximised in 3 years, and it may be extended for up to 3 years at a time.

9) Further information

Please note that the Minister responsible for national policy will give a statement on the existence of a national policy interest in the procedure.

As regards the economic, scientific, cultural and sporting interests of Hungary, the Board appointed by Government decision gives an opinion, which is not binding on the Minister responsible for Immigration and Asylum.

For information on reporting obligations, please click here.

INFORMATION

on

National Card

1. 1)Which third-country nationals are eligible to be granted a National Card?

A National Card may be granted to a Serbian or Ukrainian citizen whose purpose of residence is to perform work for or under the direction and/or supervision of others, for remuneration, under employment relationship including employment through temporary work agency.

Definition of third-country nationals:

• ·Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals or family members of an EEA national, and
• ·stateless persons

qualify as third-country nationals.

1. 2)Where can clients submit their applications?

1. I.Application for the issuance of a residence permit

1. a)Application submission outside of Hungary

In case you would like to submit your application outside of Hungary, or if you are not a holder of a biometric passport, therefore your entry into Hungary does not constitute a visa-exempt travel, you may submit your application as follows.

You may submit an application before a diplomatic or consular foreign mission of Hungary in the country of your nationality or your habitual place of residence. Please be advised to contact the competent foreign mission of Hungary to inquire for further information, if there are any other places authorised to receive applications for a residence permit. Such application receiving places are constituted by e.g. honorary consuls, trade representations, and external service providers.  

If there are not any consulates or other types of places receiving application in the country of your nationality or your habitual place of residence, in exceptional cases, you may submit an application in a country where you are staying legally provided that you provide proof of the reasons of your exceptional application submission.

Submitting an application for a visa separately is not required, as an application for the issuance of a residence permit comprises an application for a visa entitling its holder to collect a residence permit.

b) Application submission within the territory of Hungary

You may submit an application for National Card in Hungary as well (unless you do not hold a biometric passport), in the following ways:

• ·by electronic means via the electronic information system and procedure initiation platform ofEnter Hungary, which is available by clicking here, or
• ·in person, before the competent regional directorate of the National Directorate-General for Aliens Policing (hereinafter: NDGAP) as per the applicant’s place of accommodation. Contact details of the regional directorates and further information are available by clicking here.
  

Please note that application submission is available only via the Enter Hungary platform if your attorney-in-fact is a legal representative or a legal person.

II. Application submission via an employer

Applications for the issuance of a National Card and for the extension of a National Card may also be lodged by an employer, if the concerned employee as applicant gives consent to such a process in a written declaration of consent and

• ·(s)he has not entered the territory of Hungary, or
• ·(s)he has entered the territory of Hungary visa free, is staying legally and is not a holder of a residence permit, or
• ·(s)he is a holder of a valid residence permit for guest workers, and wishes to apply for its extension.

Applications by an employer may be submitted only via the platform of Enter Hungary.

The platform of Enter Hungary is available by clicking here.

In cases when the application for a residence permit concerned is lodged via an employer, the client concerned is required to appear in person before the authority to facilitate taking the applicant’s facial photograph, recording his/her fingerprint and implementing other procedural conducts upon the request of the authority.

III. Application for the extension of a residence permit

Submission of applications for the extension of a residence permit is only available within the territory of Hungary, via the platform of Enter Hungary, which is available by clicking here.

Please be informed that the extension of the residence permit is only possible if

• ·you are a holder of a valid residence permit for guest workers at the time of application submission,
• ·you resided within the territory of Hungary with your residence permit at least for 90 days in any 180-day period.

Please note that an application for the extension of a residence permit is to be submitted at least 30 days prior to the date of expiry of the issued residence permit.

Furthermore, please note that if you wish to be employed by a different employer than the employer in relation to whom you were granted your currently valid residence permit, you are required to submit an application for the extension of a residence permit.

3) Additional information on application submission

For submission of an application in person, applicants are required to complete the application form correctly in full and to submit the completed document with their signature. The form is available by clicking here and the appendix here.

For submission of an application via the platform of Enter Hungary, the full and correct completion of the electronic application form is required, which is available on the platform. The platform of Enter Hungary is available by clicking here.

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph and fingerprint of the applicant will be taken.

An application submitted via the platform of Enter Hungary is deemed to have been received by the immigration authority, if the administrative service fee has been paid, and the facial photograph and fingerprint of the applicant is taken and signature specimen of the applicant is recorded within 15 days from the date of receipt. The immigration authority will send out a notification when your application is deemed to have been received.

4) Administrative service fee for the procedure

For information on administrative service fees for procedures, please click here. 

5) What are the mandatory attachments/enclosures of an application?

For the approval of an application for a residence permit, the applicant is required to meet conditions for entry and residence in Hungary, during the procedures mandatory attachments/enclosures may serve as proof of meeting the set conditions.

Please make sure completion of the attachments/enclosures is in full and check all documents before submission, supporting the soonest possible processing and examination of the application.

Documents in proof of the purpose of residence

The following documents may serve as proof of the purpose of residence:

• ·a preliminary agreement on establishment of an employment relationship,
• ·a document on legal relationship of employment.

Documents in proof of means of subsistence in Hungary

One of the following documents must be submitted as proof that the applicant has sufficient resources, i.e. (s)he can cover costs related to his/her subsistence, accommodation, return/onward travel (i.e. exit from Hungary) and healthcare services from legally acquired income and savings:

• ·a preliminary agreement,
• ·a document on legal relationship of employment,
• ·a certificate from a credit institution under the applicant’s name (e.g. a bank account statement, an account statement on savings or stocks and bonds, bank balance statement),
• ·a document on regular income issued by the employer or the tax authority.

Documents proving that the applicant has a place of accommodation in Hungary

One of the following documents must be submitted as proof that the applicant is the owner of a residential property suitable for habitation, or (s)he has legal title to use such a real estate:

• ·a residential lease contract,
• ·a document on accommodation by courtesy,
• ·a document in proof of ownership of the residential property,
• ·a document in proof of the reservation of accommodation and payment for it

Documents proving that the applicant has health insurance

Documentary evidence must be submitted as proof that the applicant has access to comprehensive health insurance services covering all healthcare services or that (s)he can cover the costs of such services.

An applicant meets this condition in the following cases:

• ·(s)he qualifies as a person with health insurance services under social security,
• ·(s)he has access to the Hungarian health insurance services within the framework of an international convention/treaty or agreement,
• ·(s)he can cover the costs of his/her healthcare services based on documents in proof of his/her means of subsistence available in Hungary

Documents proving that the applicant meets the conditions of exit (i.e. conditions to a return/onward travel)

Meeting the conditions of exit may be proved by:

• ·a valid passport,
• ·having a valid ticket/valid tickets for the relevant travel or the amount of money to cover the costs of the travel.

Other required documents

• ·Attaching/enclosing 1 facial photograph to/with the application is required.

In case of an extension, attaching/enclosing documents on unchanged conditions again is not required.

6) Other information in relation to the procedure

Applications for the issuance/extension of a National Card are examined under a single application procedure.

For detailed information on the single application procedure, please click here.

7) Time period of procedural administration

Time period for procedural administration: 21 days.

In addition to mandatory attachments/enclosures, NDGAP may request the submission of further documents for clarification of facts of the case or implement other procedural conducts.

The period for remedying deficiencies (e.g., submission of missing documents) and for the implementation of various other procedural conducts is not comprised in the time period of the procedural administration. 

The authority acting on the application case adopts a decision as to merits within 70 days from the date of the submission of the application.

8) Receiving the residence permit document

If you submitted your application for a residence permit before a foreign diplomatic or consular mission of Hungary and the regional directorate approves your application for a residence permit, it shall constitute approval for the issuance of an entry visa entitling its holder to receive a residence permit, of which the competent Hungarian consulate shall be notified by the regional directorate.

The entry visa entitling its holder to receive a residence permit shall be issued by the competent consulate officer.

Please note that type D visas entitling their holder to receive their residence permits issued to third-country nationals are single-entry visas authorising a stay of not more than 30 days and are valid for 3 months.

Please note that if you do not enter the territory of Hungary within 3 months from the date of approval of the issuance of your residence permit and do not start your approved residence, the approved residence permit becomes invalid and the approval of your accrued right of entry and residence ceases.

A residence permit document shall be delivered by way of post to the address indicated as place of delivery in the application form.

If the application was submitted by an employer, the document shall be delivered to the employer, to the employer’s official contact address, in the absences thereof, to the employer’s place of establishment (i.e. registered address).

Please note that receiving your document before NDGAP’s regional directorate in person is only allowed, if you prove that you are not in a position to receive the document at the address indicated as place of delivery in your application.

9) How long is the validity period of the permit?

Validity period of the document is maximised in 2 years, and it may be extended for the same purpose for up to 3 years at a time.

Please note that the authority shall determine the date of expiry of the residence permit in a way that the third-country national’s travel document shall be valid at least for another 3 months after the date of expiry of the approved residence.

10) Further information

• ·Appeal

In case of refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of first instance, or at the Hungarian diplomatic or consular foreign mission where the application was submitted.

Please note that the authority shall dismiss the appeal without any examination as to merits in the following cases:

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

-  the applicant introduces and refers to new facts of the case, of which (s)he was aware before the decision was adopted,

-  the appeal is submitted without indicating its grounds or cause.

For information on reporting obligations, please click here.