Bevándorlási és Állampolgársági Hivatal

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Residence permit for seasonal employment

INFORMATION

 

on

 

Residence permit for seasonal employment

 

 

 

  1. 1)Which third-country national is eligible to be granted a residence permit for seasonal employment?

 

A residence permit for seasonal employment may be granted to a guest worker who wishes to do seasonal work.

 

A residence permit for seasonal employment may not be granted to a third-country national if

  • ·a third-country national covered by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, who is posted to the territory of Hungary, or
  • ·a person with the right of free movement and residence.

 

Definition of a third-country national:

  • ·a non-Hungarian national who is not a person with the right of free movement and residence, i.e. who is not an EEA nationals or a family member of an EEA national, and
  • ·a stateless person.

 

  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

 

If you are not allowed to enter the territory of Hungary visa free, 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 the country where you are staying legally in case you can 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, during your legal stay you may submit an application for the issuance of a residence permit within the territory of Hungary as well.

 

How can an application 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 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 authorised representative is a legal representative or a legal person.

 

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

 

Applications for the extension of a residence permit may only be submitted by the procedure initiation platform of Enter Hungary, which is available by clicking here.

 

Extension of a residence permit is only possible for not exceeding 6 months within a maximum period of 12 months, for the same purpose provided that this period has not been exceeded by the validity period of the permit to be extended.

 

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

  • ·you are a holder of a valid residence permit for seasonal employment 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.

 

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 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 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.

 

The document proving place of accommodation must include

  • ·the number of persons staying in the accommodation at the time of application,
  • ·the number of persons accommodated, the number of additional persons who may be accommodated in the accommodation during the period of the applicant's stay, and
  • ·a declaration by the accommodation provider that the accommodation is suitable for habitation (a property listed in the land register as a dwelling house or flat, or other property suitable for habitation; the number of occupants in the property is based on a living room area per person of at least 6 square metres).

 

If the accommodation is provided by the employer, accommodation in Hungary can only serve as proof if

  • ·the rental contract or equivalent document clearly states the rental conditions of the accommodation,
  • ·the rent is not disproportionately high compared to the seasonal guest worker's wage and the quality of the accommodation, and
  • ·the accommodation meets general health and safety standards.

 

The accommodation of a seasonal guest worker may be provided by the employer only if the absence of the above conditions has not been established against him within 6 months prior to the submission of the application.

 

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.

 

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 of a residence permit for seasonal employment 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.

 

Your application must be processed within 15 days if you have stayed in Hungary for seasonal employment at least once in the last 5 years preceding the application and you have fully complied with the provisions of aliens policing and labour legislation.

 

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 visa entitling the applicant to receive his/her residence permit is a single-entry visa authorising a stay of not more than 30 days and is 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?

 

The validity period of the document is maximised in 6 months, which can be extended for the same purpose not exceeding 6 months within a period of 12 months.

 

A residence permit for the purpose of seasonal employment cannot be issued for a period exceeding 6 months within 12 months, and it cannot be extended after 6 months.

 

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 for at least another 3 months after the date of expiry of the approved residence.

 

  1. 10)Further information

 

  • ·Submitting an application for a residence permit for another purpose within the territory of Hungary

 

During the validity period of a residence permit for seasonal employment and after its date of expiry, application for the issuance of a residence permit under another legal title is not allowed in Hungary.

 

  • ·Family reunification

 

Family members of a third-country national who is a holder of or an applicant for a residence permit for seasonal employment may not be granted a residence permit for family reunification.

 

  • ·Long-term residence

 

Third-country nationals who are holders of a residence permit for seasonal employment may not be granted a national residence card.

 

  • ·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.

 

 

Single application procedure

INFORMATION

 

on

Single application procedure

 

  1. 1)What is the single application procedure?

 

Single application procedure is a procedure for authorising a third-country national’s stay in Hungary for more than ninety days within a period of one hundred and eighty days and the establishment of an employment relationship between the applicant and a specific employer.

 

  1. 2)What is the single permit?

 

A single permit is a residence permit that entitles a third-country national to establish contract employment relationship with an employer indicated on the permit and to reside in the territory of Hungary.

 

  1. 3)When do single application procedures take place?

 

  1. a)If the third-country national submitted an application for the issuance or for the extension of a residence permit for the purpose of the following reasons:
  • ·residence permit for seasonal employment,
  • ·residence permit for employment for the purpose of investment,
  • ·residence permit for the purpose of employment,
  • ·residence permit for guest workers,
  • ·National Card,
  • ·Hungarian Card,
  • ·EU Blue Card,
  • ·residence permit for intra-corporate transfer,
  • ·residence permit for research,
  • ·short-term mobility certificate of researchers
  • ·long-term mobility residence permit for the purpose of research
  • ·Corporate Card (in case of employment)
  • ·employment residence permit for reasons of Hungarian national interest

 

  1. b)If the applicant intends to establish a contract of employment relationship and submits an application for a residence permit for the following reasons:
  • ·on humanitarian grounds (as a recognised stateless person; as a person cooperating with the authorities for law enforcement or national security interest; or as a person who has been employed under particularly exploitative conditions or as a who has been employed without holding a residence permit)
  • ·for the purpose of family reunification.

 

  1. c)If the applicant intends to establish a contract of employment relationship and holds a residence permit for the following reasons:
  • ·residence permit for the purpose of family reunification,
  • ·Corporate Card (as a senior officer of a legal person),
  • ·on humanitarian grounds (as a recognised stateless person; as a person cooperating with the authorities for law enforcement or national security interest; or as a person who has been employed under particularly exploitative conditions or as a who has been employed without holding a residence permit),
  • ·residence permit for reasons of Hungarian national interest.

 

The single application procedure shall not apply to:

 

  • ·persons with the right of free movement and residence;
  • ·person who has been posted to the territory of Hungary under Directive 96/71/EC of the European Parliament and of the Council;
  • ·a third-country national who is residing, or intends to reside in the territory of Hungary to work as an au pair or as a seafarer;
  • ·person who has applied for refugee status, subsidiary protection or temporary protection to the asylum authority;
  • ·person who has been granted refugee status, subsidiary protection or temporary protection in Hungary;
  • ·beneficiaries of tolerated status;
  • ·persons holding an EU residence permit certifying long-term residence status granted by any Member State of the European Union;
  • ·if the purpose of stay of the applicant is to perform self-employed activity for remuneration under the relevant legislation (e.g. self-employment, small-scale producer/farmer)
  • ·person applying for residence for the purpose of study;
  • ·a third-country national who wishes to work during a short-stay.

 

  1. 4)Procedure by the competent specialised authority within the single application procedure

In the single application procedure, in the first instance, the Government Office and in the second instance, the Minister responsible for the employment of third-country nationals in Hungary act as the competent authority in order to determine whether the employment of the third-country national is supported on grounds of the employment policy of Hungary.

The following government office is competent to conduct the procedure:

  • ·in principle, the competent government office where the third-country national is employed;
  • ·when the nature of the work is such that it may involve the territory of more than one county, the competent government office of the place where the work began;
  • ·if the third-country national is to be employed in several premises of the employer in different counties, the competent government office where the employer is based.

In the following cases, the Government Office and the Minister responsible for the employment of third-country nationals in Hungary does not participate as acting authority:

if the third-country national:

  • ·applies for the issuance of a residence permit for guest workers,
  • ·applies for the issuance or extension of a residence permit for employment for the purpose of investment,
  • ·applies for the issuance or extension of a National Card,
  • ·is working within the framework of post-doctorate related employment, and under the János Bolyai Research Scholarship as part of the tender and within the framework of the scholarship programme,
  • ·clergyman as defined by law,
  • ·is a researcher working within the framework of an international agreement between Hungary and another State, provided that this is verified by a certificate issued by the Hungarian Academy of Sciences,
  • ·conducts research in Hungary under a hosting agreement with an accredited research organisation,
  • ·professional athlete,
  • ·professional trainer/coach,
  • ·is a close relative of military personnel or of the civilian staff stationed in the territory of Hungary for official purposes under the NATO-SOFA Agreement,
  • ·person who has been legally residing in the territory of Hungary for at least one year before the submission of an application, holding a valid residence permit issued for the purpose of family reunification, and employment of the sponsor family member is an exempt from work permit requirement,
  • ·family member of a refugee or a person who is granted subsidiary protection, or a parent or guardian of an unaccompanied minor recognised as refugee, in case he/she has a valid residence permit issued for a purpose of family reunification before the submission of the application,
  • ·United Kingdom national who had an employment in Hungary before 31 December 2020 and in view of this status, was granted a residence permit for the purpose of employment, taking into account that his/her place of residence or accommodation was outside of the territory of Hungary, and who applies for the extension of his/her residence permit,
  • ·person who applies for a residence permit as a family member of a Hungarian citizen,
  • ·person who applies for a residence permit for reasons of Hungarian national interest.

The government agency acting as the specialised authority shall give its opinion to the acting regional directorate within the following time limits:

within 10 days

  • ·if the employment of the third-country national in the territory of Hungary under contract for employment relationship is exempt from the authorisation requirement or
  • ·employment is not subject to a labour market examination, and
  • ·in the case of seasonal employment, if the third-country national resided in Hungary for seasonal employment at least once during the five years before the submission of the application and has fully complied with the provisions of aliens policing and labour legislation.

within 8 days

 

  • ·if the employment of the third-country national in Hungary is granted by a residence permit for guest workers at preferential employer or lenders of labour force,
  • ·on the application for an EU Blue Card by a third-country national holding a residence permit issued by a Member State of the European Union for the purpose of highly qualified employment,
  • ·on the application for a residence permit of a family member who joins a third-country national holding an EU Blue Card in Hungary after the EU Blue Card has been issued and who holds a valid residence permit issued by another Member State of the European Union, and whose family relationship with the EU Blue Card holder already existed in the first Member State.

Please note that the procedure of the specialised authority does not count in the time limit of the single application procedure.

During the procedure, the specialised authority may issue a letter of formal notice to the applicant in order to clarify the facts.

 

Residence permit for the purpose of voluntary activities

INFORMATION

 

on

 

Residence permit for the purpose of voluntary activities

 

 

  1. 1)Which third-country nationals are eligible to be granted a residence permit for the purpose of voluntary activities?

 

Those third-country nationals are eligible to be granted a residence permit for the purpose of voluntary activities,

  • ·who wish to stay in the territory of Hungary for the purpose of performing public interest voluntary activities based on a voluntary contract concluded with a host organization defined by Act LXXXVIII of 2005 on public interest voluntary activities, or
  • ·performs voluntary activity in the framework of the European Voluntary Service.

 

A host organisation may be: a local or minority self-government, budgetary entity, civil or non-profit organization, ecclesiastical legal person or religious association, social, child welfare, child protection service provider, institution or network, health service provider, public education institution, vocational training institution, higher education institution, museum institution, library, public archive, public private archive, public cultural institution.

 

Residence permit for the purpose of voluntary activity cannot be granted to those who:

  • ·have applied for refugee status or subsidiary form of protection status,
  • ·have been granted refugee status or subsidiary form of protection status,
  • ·have tolerated status,
  • ·whose expulsion was suspended,
  • ·enjoys the right of free movement and residence,
  • ·already has EU residence permit,
  • ·arrives to the territory of the EU in the framework of intra-corporate transfer as a trainee, or
  • ·enters the territory of the European Union for the purpose of employment requiring high level of qualification.

 

 

Please note that Act LXXXVIII of 2005 on Public Interest Volunteer Activities contains all provisions regarding volunteer activities, such as criteria for host organisations and volunteers and the content of the voluntary service contract to prove the purpose of the residence.

 

  • ·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

 

If you do not have a residence permit and 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 the issuance of a residence permit for the purpose of voluntary activity 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 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.

 

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

 

Submission of applications for the extension of a residence permit for the purpose of voluntary activity 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 for the purpose of voluntary activity 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 filled in correctly 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.

 

  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 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 conditions set.

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 purpose of residence can be proved by a voluntary contract concluded with the host organization.

 

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 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 notarised declaration made by the applicant's family member, who undertakes to ensure the applicant's maintenance and care, and with a document certifying the maintenance capacity of the person undertaking the maintenance
  • ·a document on regular income issued by the employer or the tax authority
  • ·other credible ways.

 

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

 

You shall provide a real Hungarian address as accommodation. No separate document needs to be attached to the notification.

 

Documents proving that the applicant has a 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.

 

  1. 6)Time period of procedural administration

 

Time period for procedural administration: 21 days.

 

In addition to mandatory attachments/enclosures, the National Directorate-General for Aliens Policing (hereinafter: 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 60 days from the date of the submission of the application.

 

  1. 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 visa 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. 8)How long is the validity period of the permit?

 

Validity period of the document is the same as the validity period of the hosting contract, but is maximised in 2 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. 9)Further information

 

  • ·Submitting an application for a residence permit for another purpose within the territory of Hungary

 

During the validity period of a residence permit for the purpose of voluntary activity and after its date of expiry, application for the issuance of a residence permit under another legal title is not allowed in Hungary.

 

  • ·Family reunification

 

Family members of a third-country national who is a holder of a residence permit for the purpose of voluntary activity or an applicant for a residence permit for the purpose of voluntary activity may not be granted a residence permit for family reunification.

 

  • ·Long-term residence

 

Third-country nationals who are holders of a residence permit for the purpose of voluntary activity may not be granted a national residence card.

 

  • ·Appeal

 

In case of refusal, the decision may be appealed within 8 days from 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 causes.

 

For information on reporting obligations, please click here.

 

Residence permit for the purpose of medical treatment

INFORMATION

on

Residence permit for the purpose of medical treatment

 

 

  1. 1)Which third-country nationals are eligible to be granted a residence permit for the purpose of medical treatment?

 

A residence permit for the purpose of medical treatment may be issued to a third-country national:

  • ·who plans to stay in the territory of Hungary for the purpose of receiving medical treatment;
  • ·accompanying his/her minor child or any family member in need of support for receiving medical treatment in the territory of Hungary.

 

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.

 

Definition of family member:

  • ·The third-country national or his/her spouse of Hungarian citizenship,
  • ·the third-country national's minor child with his/her spouse (including adopted and fostered children),
  • ·a third-country national's dependent minor child (including adopted and fostered children), over whom the third-country national exercises parental custody,
  • ·the dependent minor child of the third-country citizen or his/her spouse of Hungarian citizenship (including adopted and fostered children), over whom the spouse exercises parental custody,
  • ·a person who has the right of parental custody over the minor Hungarian citizen, exercises the right of parental custody, and lives in the same household as the Hungarian citizen

qualify as a family member.

 

  1. 2)Where can clients submit their applications?

 

 

  1. 1)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 and you are not a holder of a residence permit, 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 within the territory of Hungary during your legal stay.

 

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 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. 2)Application for the extension of a residence permit

Submission of applications for the extension of a residence permit for the purpose of medical treatment 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 the purpose of medical treatment at the time of application submission,
  • ·you resided within the territory of Hungary with your residence permit at least 90 days in any 180-day period.

 

Furthermore, please note that an application for the extension of a residence permit for the purpose of medical treatment 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.

 

In case of application submission in person, you may be exempted from the obligation to appear in person only if you are unable to appear in person due to medical conditions.

 

Instead of an applicant with limited legal capacity or an incapacitated minor, the application is to be submitted by the applicant’s legal representative; however, if (s)he has reached the age of six, the minor applicant is required to appear in person when the application is submitted.

 

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 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

 

Medical treatment, as the purpose of stay, may be verified by the following documents:

  • ·formal statement from the host medical facility on the medical treatment provided;
  • ·for accompanying family members, an official document proving the family relationship between the family member and the person accompanied.

 

 

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 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 declaration on undertaking provision of support for care and maintenance of the applicant by the family member of the applicant drawn up in form of a notarial deed, and a document proving that the person undertaking the support of the applicant is capable of the provision of support for the applicant,
  • ·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

 

  • ·In case the applicant is a minor, it must be proven that the parent or legal representative of the minor consented to his/her stay in Hungary. The parental consent must be included in a private document or a public document with full evidential force, as well as provided with a Hungarian or English translation.
  • ·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)Time period of procedural administration

 

Time period for procedural administration: 21 days, in case of minor applicant, it is 8 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. 

 

  1. 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 the document can only be received in person at the regional directorate of NDGAP in case you are not in the position to receive the document at the address indicated as place of delivery in your application.

 

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

 

The validity period of the document is determined by the length of the medical treatment, but is maximised in 2 years, which may be extended on occasions by the length of the medical treatment to a maximum period of 2 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. 9)Further information

 

  • ·Submitting an application for a residence permit for another purpose within the territory of Hungary

 

During the validity period of a residence permit for the purpose of medical treatment and after its date of expiry, application for the issuance of a residence permit under another legal title is not allowed in Hungary.

 

  • ·Family reunification

 

Family members of a third-country national who is a holder of a residence permit for the purpose of medical treatment or an applicant for a residence permit for the purpose of medical treatment may not be granted a residence permit for family reunification.

 

  • ·Long-term residence

 

Third-country nationals who are holders of a residence permit for the purpose of medical treatment may not be granted a national residence card.

 

  • ·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.

 

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