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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:
qualify as third-country nationals.
2) Where can clients submit their applications?
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:
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
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:
Other required documents
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
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:
qualify as third-country nationals.
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:
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
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
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:
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:
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:
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:
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:
Other required documents
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
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 practical knowledge and closely related issues concerning the entry and stay of foreigners in Hungary exceeding 90 days
For organisations employing and hosting third country nationals
Table of contents
Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals……........................................................................................................................... 22
1.1 GUEST WORKERS (for people staying as employees in jobs requiring no qualifications or basic/secondary education)
residence permit for SEASONAL employment
employment for the purpose of INVESTMENT
residence permit for the purpose of employment
residence permit for GUEST WORKERS
1.2. Employment irequiring a HIGH level of qualification
HUNGARIAN CARD
EU BLUE CARD
1.3. NATIONAL CARD (Ukranian and Serbian citizens)
1.4. Residence permit for INTRA-CORPORATE TRANSFER (transfer from an employer established outside the EEA to an organisation in Hungary within the same group of companies)
LONG-TERM MOBILITY (entitles the intra-corporate transferee to reside and work in the territory of a second Member State)
1.5. Residence permit for POSTING
1.6. Residence permit for the purpose of FAMILY REUNIFICATION
A residence permit is required for stays exceeding 90 days within a 180-day period for third-country nationals. It is important that the residence permit is always linked to a specific purpose. The purpose of residence must be specified by the applicant before submitting the application, and depending on the purpose, must be verified (e.g. for employment purposes, as a guest worker, the applicant must prove which employer he/she wishes to work for, in which job, in what position and for what salary). How to prove the purpose of residence for each type of residence permit is described in details for each purpose of residence. In this information note, we focus on the procedures for the different types of permits for employment in Hungary.
In order to facilitate the processing of residence cases, the National Directorate-General for Aliens Policing (hereinafter: NDGAP) operates an electronic system for receiving applications and processing cases electronically. Foreign nationals applying for a permit (or their authorised representative) are entitled to submit applications electronically, as well as employers, in certain cases, instead of foreign clients.
When applying electronically, the foreign client only needs to appear once before the authority to complete the necessary administrative tasks and to record his/her biometric data.
The system is available at enterhungary.gov.hu.
If the application is approved, the regional directorate shall always issue a residence permit with a fixed validity period. The foreigner is entitled to enter Hungary (with unlimited number of entries and exits) and to stay in Hungary for the purpose and until the date indicated on the permit.
If the application does not comply with the requirements of the legislation, the authority shall decide to refuse the application and, if it is established that the third-country national residing in Hungary has no longer the right to stay, in its decision rejecting the application for a residence permit or revoking the residence document, the authority shall expel the third-country national from the territory of the Member States of the European Union and the other Schengen Member States. An appeal may be lodged against the decision of the regional directorate (both in the case of refusal and revocation).
2.1. Submission of the application for a residence permit (the "first" application)
in case:
the Act XC of 2023 allows the submission of an application for the issuance of a residence permit by a third-country national residing in Hungary, furthermore
The application for a permit must be accompanied by a written declaration of consent from the worker that the employer/host organisation shall submit the application for a residence permit. The person acting on behalf of the employer/host organisation must provide proof of his/her right to represent the applicant when submitting the application.
Important! To use the Enter Hungary system, the employer or host organisation needs to register, which the employer or host organisation can initiate via its Company Portal (a guide on how to use the system is available at https://enterhungary.gov.hu/eh/assets/hu-enter-hungary.pdf).
In all cases, the regional directorate shall assess the application so it is possible that the authority shall contact the Hungarian employer/host organisation in connection with unclear issues of fact.
Way of issuing the document according to the application:
2.1.1 If the applicant has submitted the application before a diplomatic or consular foreign mission of Hungary and the application is approved, the diplomatic mission or consular post shall issue the applicant a type "D" visa valid for 3 months, entitling him/her to a single entry and a maximum stay of 30 days. The residence permit document is delivered by the Hungarian Post Office (Magyar Posta) to the address indicated in the application or, failing this, to the registered accommodation of the applicant.
2.1.2 If the applicant has submitted the application before a diplomatic or consular foreign mission of Hungary (and no visa is required for entry - a list of visa-waived countries is annexed to this information note or can be found on the NDGAP website by clicking here), the foreigner is allowed to enter the Schengen area visa-free and stay for a maximum of 90 days in any 180-day period if the application is approved. The residence permit document shall be delivered by the Hungarian Post Office to the address indicated in the application or, failing this, to the customer's registered accommodation.
2.1.3 If the application of the applicant staying outside of Hungary is submitted by the employer at the regional directorate and a visa is required for entry, the applicant must go to the diplomatic mission of Hungary to receive the visa entitling him/her to receive the residence permit after the application has been approved. The diplomatic or consular foreign mission shall issue a type "D" visa valid for 3 months, which entitles the applicant to a single entry and a stay of 30 days. The residence permit document is delivered by the Hungarian Post Office to the client's employer.
Please note that if the foreigner does not enter Hungary within 3 months of the date of issue of the residence permit and does not commence his/her authorised stay, the residence permit is invalid and the right of entry and stay will cease.
2.1.4. If the applicant has submitted his/her application in Hungary, the residence permit document shall be delivered by the Hungarian Post Office to the address indicated in the application, or, failing this, to the registered accommodation of the client.
2.1.5. If the application of the applicant residing in Hungary is submitted by the employer, the residence permit document shall be delivered by the Hungarian Post Office to the employer of the client.
2.2. Application for extension of residence permit
Residence permit extensions can only be applied for in Hungary, via the Enter Hungary platform. The application can also be submitted via the employer/host organisation in case of a residence permit issued for the purpose of investment, residence permit for guest workers, National Card, residence permit for intra-corporate transfer, EU Blue Card and Corporate Card as described above. The application for extension of the residence permit must be submitted at the latest 30 days prior to the expiry date of the residence permit.
2.3. General conditions for issuing a residence permit
Regardless of the purpose for which the residence permit is requested for, there are conditions that must be met in all cases.
It is important that the applicant has a valid travel document, and not only at the time of the application but also for at least 3 months after the end of the period of the intended stay, and that he or she has a permit or visa, -if required-, and other conditions for travel, to travel to his or her home country or to another country to which he or she wishes to travel after his or her stay in Hungary has ended.
To be granted the application, the applicant must prove that he/she has accommodation for the duration of his/her stay in Hungary and must register his/her accommodation or any change of accommodation after his/her entry (within 3 days) on the electronic immigration case management platform - after pre-registration on the Enter Hungary platform. Proof of accommodation can be provided in several ways: the applicant must prove that he/she is entitled to use the apartment, either on the basis of ownership, lease or other legal ground. In this case, in addition to the proof of the specific legal relationship, a so-called accommodation declaration form must be attached, signed by the person who has the right to dispose of the property (the landlord).
In addition to proof of available savings from a financial institution, proof of regular income legally earned/to be earned in Hungary is required to prove financial coverage for those who are gainfully employed. This can be done by providing an employment contract, a prior agreement, an employer's certificate of earnings or a tax authority's income certificate.
3.1. GUEST WORKER (for those who whishes to reside here as employees in jobs requiring no qualifications or basic or intermediate qualifications)
3.1.1. Residence permit for seasonal employment
A single permit which entitles the applicant to establish an employment relationship with an employer and reside in Hungary and to be employed for seasonal work.
The document proving accommodation must include:
ü the number of persons staying in the accommodation at the time of application,
ü the number of additional persons accommodated and who may be accommodated in the accommodation during the period of the applicant's stay, and
ü a declaration from the accommodation provider that the accommodation is suitable for habitation (property listed in the land register as a dwelling house or flat or other property suitable for habitation; based on the number of persons staying in the property, the living room area per person is at least 6 square metres).
If the accommodation is provided by the employer, the accommodation in Hungary will only be considered certified if:
ü the rental contract or equivalent document clearly indicates the terms and conditions of the rental of the accommodation,
ü the rent is not disproportionately high in relation to the wage of the seasonal guest worker and the quality of the accommodation, and
ü 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. .
3.1.2 Residence permit for employment for the purpose of investment
A single residence permit which entitles the applicant to establish an employment relationship with an employer in Hungary, to reside in Hungary and to be employed for the purpose of carrying out an investment.
Realisation of the investment: preparation, construction, commissioning and start-up of the project to be carried out by the subcontractor with the approval of the general contractor, assisting contractor and the minister responsible for the employment of third-country nationals in Hungary.
Preliminary group employment authorisation: an official promise to employ a specified number of guest workers for a specified period of time in order to carry out a project, prior to the residence permit procedure for the purpose of the project.
3.1.3 Residence permit for purposes of employment
A single residence permit which entitles the applicant to establish an employment relationship with an employer in Hungary and to reside in Hungary, or which entitles the applicant to be employed in Hungary on the basis of an employment relationship with an employer established in a third country in order to fulfil an agreement with a Hungarian employer (BUT the enterprises party to the agreement do not belong to a group of enterprises).
3.1.4 Guest worker residence permit
A single permit for residence which may be issued to a third-country national:
- whose employer is a registered preferential employer or a registered qualified temporary work agency (i.e. lender of labour force),
- who is a national of a third country as defined in a decree of the minister responsible for the employment of third-country nationals in Hungary issued with the approval of the Defence Council, and
- who wishes to work in an occupation not excluded by the Minister responsible for employment policy.
Preferential employers are:
ü strategic partners of the Government of Hungary,
ü employers who are carrying out an investment of outstanding significance for the national economy of, and,
ü employers who qualify as a partner under the Outstanding Exporter Partnership Programme.
Qualified temporary work agencies (i.e. lenders of labour force): employers who are registered in the Registry of qualified temporary work agencies as defined in Government Decree.
Please note that an employer is only considered to be a preferential employer or a qualified lender if the registration and employment fees have been paid. The Budapest City Government Office has the competence and jurisdiction to carry out the registration procedure.
3.2 Employment in higher professional qualifications
3.2.1 Hungarian Card
A single permit which may be issued to a third-country national who(se)
ü and, in the above cases, has a higher vocational qualification determined by the Minister responsible for higher education in agreement with the Minister responsible for vocational education, the Minister responsible for adult education, the Minister responsible for employment policy and the Minister responsible for the employment of third-country nationals in Hungary, or
3.2.2 EU Blue Card
A residence permit that entitles its holder with a high level of qualification to reside in Hungary and at the same time to work for a Hungarian employer requiring a high level of qualification.
time period of procedural administration: 21 days, but within 70 days from the date of the application.
Long-term mobility for EU Blue Card holders:
A third-country national who holds a residence permit issued by a Member State of the European Union for the purpose of highly qualified employment shall be issued with an EU Blue Card if she/he
- has a valid travel document,
- justifies the purpose of his/her entry and stay,
- there are no grounds for exclusion,
- his/her employment is supported by law and in the interest of domestic employment policy,
- is insured for the full range of health benefits or has applied for it for all periods during which he/she is not insured by virtue of the employment relationship, and
- has declared a real address as accommodation in Hungary.
3.3 National Card
A National Card is issued to a Serbian or Ukrainian citizen whose purpose of residence is to carry out actual work for or under the direction of another person, including employment lending, on the basis of an employment relationship for remuneration.
3.4 Residence permit for the purpose of intra-corporate transfer
Executive employees, experts and trainees residing outside the territory of the Member States of the European Union may apply for a residence permit for intra-corporate transfers where they are posted from a business established in a third country to a host organisation belonging to the same business or group of companies, i.e. where the applicant is bound by a work contract with the sending organisation established in a third country before and during the period of the transfer.
Executive employee: A senior person who primarily performs managerial functions in the host organization and over whom general supervision or direction is exercised primarily by the board of directors or shareholders of the enterprise or their equivalent body or persons; this post includes the management of the whole of the host organisation or of a department or division of the host organisation, the supervision and control of the work of other employees performing supervisory, professional or administrative duties, the exercise of the power to recommend the recruitment and dismissal of employees, or the exercise of the power to perform other personnel functions.
Expert: a person with exceptional knowledge of the field of activity, methods or management of the host organisation, working within the group of businesses; in assessing such knowledge, account should be taken not only of knowledge relevant to the host organisation but also of whether the person concerned has a high level of qualification appropriate to the type of work or activity requiring specialised knowledge, including appropriate professional experience and, where appropriate, membership of a licensed profession.
Trainee employee: a person with a diploma certifying higher education qualifications who is transferred to a host organisation for the purpose of career advancement or training in business procedures or methods and who receives a salary for the duration of the transfer.
Long-term mobility permit: special case of intra-corporate transfer
An applicant residing in Hungary who already holds a residence permit issued by a Member State of the European Union for the purpose of intra-corporate transfer may apply for a long-term mobility permit if he/she intends to stay in Hungary for more than 90 days. Such an applicant and the family member legally residing with him/her in Hungary may also apply for a residence permit in Hungary, provided that the residence permit issued by the first Member State is valid.
Intra-corporate transfers for a period not exceeding 90 days - notification requirement
A third-country national who holds a valid residence permit and a valid travel document issued by another Member State of the European Union for the purpose of an intra-corporate transfer and whose entry or stay does not harm or endanger public policy, public security or national security or public health interests in Hungary, is entitled to
- move freely within the territory of the Member States of the European Union, enter and stay in Hungary for a period not exceeding 90 days,
- to work in the host organisation in Hungary in the framework of an intra-corporate transfer without special permission.
The host organisation is obliged to notify the regional directorate of the third-country national's place of accommodation no later than five days after the start of employment 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 organisation for an intended period of not more than ninety days.
The notification must include
- the natural identity data of the third-country national,
- the planned duration of the intra-corporate transfer,
- the affiliation of the host entity to the group of companies.
3.5 Residence permit for the purpose of posting
A third-country national may be issued a residence permit for the purpose of posted work if
Important: the posting enterprise/business and the worker must have an employment relationship during the period of posting.
- the contract concluded between the posting employer and the Hungarian employer who is the recipient of the service,
- proof of ownership of the posting business or business group regarding the employer's work premises or business in Hungary,
- proof that the posting is from a temporary work agency (i.e. lender of labour force) or labour supply business to a business established or operating in Hungary.
3.6 Residence permit for the purpose of family reunification
3.6.1. A family member is:
3.6.2 The employer may also submit an application for a residence permit for the purpose of family reunification if the sponsor holds or has applied for an EU Blue Card, National Card or a residence permit for the purpose of intra-corporate transfer.
3.6.3 A residence permit for the purpose of family reunification may not be issued to a third-country national if the sponsor:
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.
Single permit: 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.
4.1 A single application procedure takes place for the issuance or the extension of a residence permit if the third-country national submitted an application for the purpose of the following reasons:
4.2 In the following cases the Government Office not involved as a specialised authority if a third-country national:
5. Obligations of employers/host organisations to notify foreign nationals
5.1 Obligations concerning the residence permit of third-country nationals
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.
5.2 Notification obligation
5.2.1 Notification about the beginning of employment
The employer must notify the immigration authority of the start of the employment of a third-country national within the following deadlines:
5.2.2 Notification of non-start 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:
5.2.3 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 cease within the period of validity of the residence permit.
The employer or the host organization must provide the following information on the commencement, non commencement or termination of employment:
The employer completes the above mentioned notification electronically via Enter Hungary platform after electronic identification.
5.2.4 Legal consequences of failure to notify the commencement, non commencement or termination of employment
An employer or host organization that fails to notify the start, non-start or termination of employment or fails to comply with its obligation to provide a residence permit shall be subject to a fine for the protection of public policy 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 fine if it can be proven that – as detailed above – the employer or the host organization has complied with its obligations to check and report.
The employer or the host organization is not exempted from the obligation to pay the fine if the employer or the host organization knew or could have known with due diligence that the document presented as a valid residence permit or other residence authorization was false.
The main contractor and any intermediate subcontractor shall be jointly and severally liable with the subcontracting employer or the host entity for the payment of the fine if the employer or the host organization knew or could have known with due diligence that the subcontracting employer was employing a third-country national without a residence permit.
5.2.5 Notification of an intra-corporate transfer of less than 90 days
At the latest within 5 days of starting work, the host organization must declare that 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
The employer completes the above mentioned notification electronically via Enter Hungary platform after electronic identification.
5.2.6 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
5.3 Specific obligations for the employer of the guest worker
The employer must ensure that the guest worker holding
shall leave the territory of Hungary not 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 fine if it is proven that the employer has acted in accordance with the normal behaviour expected in the 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 left his/her registered accommodation for an unknown destination before the day of departure and could not establish contact with her/him, or
- the 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 detention in custody advanced by the aliens policing authority and the body established for general police duties if
- does not fulfill the conditions of residence,
- has worked without authorization, or
- the entry and stay of the person is harmful or dangerous to public health.
If the employer or the host organization, in the event of termination or cessation of the employment of the guest worker, is responsible for the guest worker's obligation to leave the country or fails to comply with its obligation to report the non-start or termination of employment of a guest worker in the case of 30% of the number of guest workers brought to Hungary by the guest worker in a calendar year, the employer or the host organization may not employ any more guest workers beyond the existing guest workers for 2 years from the date of the fine.
6.1 Validity of the residence documents
Visas, residence permits, temporary residence certificates, immigration permits, or permanent residence permits, interim, national and EC permanent residence permits and travel documents issued before 1 January 2024 shall entitle the holder to reside for the period of validity specified therein.
A residence permit or a permanent residence permit issued with a validity period between 1 January 2024 and 29 February 2024 shall be valid until 30 April 2024 and shall be deemed to have been issued with a validity period of 30 April 2024.
6.2 Submission of the first application under the Act XC of 2023 for holders of a residence permit valid on 1 January 2024
A third-country national who is a holder of a valid residence permit in the territory of Hungary on 1 January 2024 may apply for the issue of his/her residence permit under one of the legal titles provided for in the new legislation on aliens, the Act XC of 2023. When submitting the application, the procedural fee for the issue of the residence permit must be paid.
The application can be submitted not earlier than 45 days before the expiry date of the residence permit. An exception to this rule is made if an application for a new residence permit is necessary due to a change in the occupational conditions.
Due to the late submission of the application for the residence permit, a request for verification cannot be submitted beyond the period of validity of the residence permit.
The period of validity of the residence permit document – as defined in the Act XC of 2023 – shall be deemed to start with the submission of an application for a residence permit on the basis of the Act XC of 2023 after 1 January 2024. This means that the maximum length of residence – as defined in the Act XC of 2023 – for a given purpose of residence will not include the period of residence up to that date.
The following residence permits are exceptions to the calculation of the validity period above:
If the third-country national holds one of the listed residence permits, the authority will also take into account the period of residence already granted by the previous permit(s). Therefore, the application can only be granted if the period of validity of the residence permit to be issued under the Act XC of 2023 does not exceed the total duration of the applicant's residence in the territory of Hungary, taking into account the previous residence permits.
Applications for residence permits expiring between 1 March 2024 and 1 April 2024 must be submitted not later than the last day of the period of validity of the residence permit.
Before submitting the application, it must be ascertained whether the activity for which the third-country national is residing in the territory of Hungary complies to one of the purposes of residence regulated by the Act XC of 2023, and an application in accordance with it must be submitted.
If the third-country national holds a residence permit for the purpose of employment, the residence permit may be requested on the following legal basis entitling him/her to work under the Act XC of 2023:
From the above listed, the applicant must apply for the type of permit for which the conditions of employment or nationality of the third-country national are fulfilled.
A person holding a residence permit valid on 1 January 2024 for the purpose of family reunification shall have the rights and obligations of family reunification under the Act XC of 2023.
A person holding a residence permit valid on 1 January 2024 for the purpose of family reunification shall have the rights and obligations of family reunification under the Act XC of 2023.
The residence permit for the purpose of family reunification may also be extended if the family member with whom the person wishes to continue to reside in Hungary holds a residence permit for which the purpose of family reunification under the Act XC of 2023 would not be possible. In such a case, an application for the extension of the residence permit must be submitted and the procedural fee for the extension must be paid.
In this case, the applicant must declare – through his/her legal representative in the case of a minor – that if the residence permit of the family member with whom he/she is joining becomes invalid, he/she will leave the territory of the Member States of the European Union and other Member States of Schengen voluntarily within 8 days of the date of the invalidity.
If, after 1 January 2024, a person wishes to join, for the purpose of family reunification, a family member who holds a residence permit issued under the previous legislation on aliens, Act II of 2007 on the Entry and Residence of Third-Country Nationals (hereinafter: Act II of 2007), the residence permit for the purpose of family reunification shall be issued under the Act II of 2007 also after 1 January 2024 and the rules of the Act II of 2007 shall apply.
6.3 The provisions of the Act II of 2007 shall apply in the procedure relating to applications for visas and residence permits submitted before 1 January 2024, and the provisions of the new Aliens Act, Act XC of 2023 shall apply in the repeated procedure.
INFORMATION NOTE
List of agreements on the Working Holiday Scheme for tourists
New Zealand |
Act LIV of 2012 on the Proclamation of the Agreement on the Working Holiday Scheme for tourists between the Government of Hungary and the Government of New Zealand |
South Korea |
Act LXIV of 2013 on the proclamation of the agreement on the working holiday scheme for tourists between the government of Hungary and the government of the Republic of Korea |
Taiwan |
Act LIII of 2014 on the proclamation of the agreement on the working holiday scheme for tourists between the hungarian trade office in Taipei and Taipei representative office in Hungary
|
Australia |
Act XCVIII of 2016 on the Proclamation of the Memorandum of Understanding on the Working Holiday Scheme for tourists between the Government of Hungary and the Government of Australia |
Japan |
Act XXXIV of 2017 on the Proclamation of the Agreement on the Working Holiday Scheme for tourists between the Government of Hungary and the Government of Japan |
Chile |
Act LXXXI of 2017 on the Proclamation of the Agreement on the Working Holiday Scheme for tourists between Hungary and the Republic of Chile |
Hong Kong |
Act XXIII of 2018 on the Proclamation of the Agreement on the Working Holiday Scheme for tourists between the Government of Hungary and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China |
Argentina |
Act V of 2019 on the Proclamation of the Agreement on the Working Holiday Scheme for tourists between Hungary and the Argentine Republic |
Az Országos Idegenrendészeti Főigazgatóság által az Európai Unió Belügyi Alapok társfinanszírozásával megvalósított projektekről bővebben itt olvashat.
Az Országos Idegenrendészeti Főigazgatóság a 2005. november 1-jét követően indult eljárásokban hatósági döntéseit a jogszabályban meghatározott esetekben hirdetményi úton honlapján is közzéteszi. Amennyiben a lenti keresőbe beírt adatokkal nincs találat, kérem, kattintson a HIRDETMENY linkre és ismételje meg a keresést a megjelenő felületen.
Tisztelt Érdeklődő!
Tájékoztatjuk, hogy a harmadik országbeli állampolgárok beutazására és tartózkodására vonatkozó új idegenrendészeti jogszabály átmeneti rendelkezései alapján ha Ön Magyarországon a korábbi jogszabály alapján már érvényes tartózkodási engedéllyel rendelkezik, az új idegenrendészeti jogszabály szerinti jogcímek valamelyikén kérelmezheti a tartózkodási engedélye kiadását. Felhívjuk a figyelmet, hogy kizárólag tartózkodási engedély kiadása kérelmezhető jelenleg személyesen és az Enter Hungary rendszeren keresztül, függetlenül a meglévő érvényes engedélytől. A tartózkodási engedély meghosszabbítása az átmeneti szabályok szerint nem lehetséges. A tartózkodási engedély kiadása iránti kérelmet legkorábban a tartózkodási engedély lejárta előtt 45 nappal nyújthatja be. Ha 2024. március 1. és április 1. között jár le, a tartózkodási engedély kiadása iránti kérelmet legkésőbb a tartózkodási engedély érvényességi idejének utolsó napján kell benyújtania.
Részletek és további információk ide kattintva érhetőek el : Átmeneti szabályok (gov.hu)