INFORMATION

on

Residence Permit for the purpose of intra-corporate transfer and Permit for long-term mobility

1) Which third-country nationals are eligible to be granted a residence permit for the purpose of intra-corporate transfer?

A residence permit for the purpose of intra-corporate transfer may be issued to a third-country national:

• ·who at the time of the application for a residence permit resides outside the territory of the Member States of the European Union and has been transferred intra-corporate, or

• ·holding a residence permit for the purpose of intra-corporate transfer issued in any Member State of the European Union (permit for long-term mobility)

Intra-corporate transfer is defined as a third-country national residing outside the territory of the Member States of the European Union and who is temporarily posted for employment or training purposes by a company established outside the territory of the Member States of the European Union and the third-country national is bound by work contract before and during his/her transfer with the same company or group of companies and in special cases mobility between host organisations established in one or more second Member States.

A residence permit for the purpose of intra-corporate transfer may not be issued:

• ·to a third-country national holding a residence permit for the purpose of research;
• ·to any third-country national who, under agreements between the European Union and its Member States and third countries, enjoy rights of free movement equivalent to those of Union citizens or are employed by a company established in those third countries;
• ·to any 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, as long as he/she is posted on the territory of Hungary;
• ·to private entrepreneurs;
• ·to third-country nationals assigned for occupational activity by employment agencies, temporary work agencies or any other companies engaged in making available labour to work under the supervision and direction of another company;
• ·to third-country nationals admitted as full-time students or who are undergoing a short-term supervised practical training as part of their studies.

Definition of third-country nationals:

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

qualify as third-country nationals.

2) Where can clients submit their applications?

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

1. a)Application submission outside of Hungary

If you are not allowed to enter the territory of Hungary visa free and you are not a holder a residence permit issued by another EU Member State for the purpose of intra-corporate transfer, 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

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 of a residence permit within the territory of during your legal stay in Hungary as well.

If you hold a residence permit for the purpose of intra-corporate transfer issued by another EU Member State, you may submit an application (long-term mobility permit) in Hungary as well.

The application must be submitted at the latest 20 days before the long-term mobility starts, or in possession of a valid residence permit issued by a Member State of the European Union, 20 days before the end of lawful residence in Hungary of not more than 90 days.

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. II.Application submission via an employer

Applications for the issuance of a residence permit for the purpose of intra-corporate transfer (and a permit for long-term mobility) and for the extension of a residence permit for the purpose of intra-corporate transfer (and a permit for long-term mobility) may also be lodged by an employer, if the concerned employee as applicant gives consent to such a process in a written declaration of consent and

• ·(s)he has not entered the territory of Hungary, or
• ·(s)he has entered the territory of Hungary visa free, is staying legally and is not a holder of a residence permit, or
• ·(s)he is a holder of a valid residence permit for the purpose of intra-corporate transfer (a permit for long-term mobility), and wishes to apply for its extension.

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

The platform of Enter Hungary is available by clicking here.

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

III. Application for the extension of a residence permit

Submission of applications for the extension of a residence permit for guest workers 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 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.

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 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:

• ·employment contract or letter of assignment between the applicant and the company established in the third country, stating that the intra-corporate transfer was immediately preceeded by three months of continuous employment at the same company or group of companies,
• ·evidence that the Hungarian host entity and the company established in a third country belong to the same company or group of companies;
• ·evidence, in the case of executive employees and specialists that the third-country national has the university degree or vocational training, or in the case of trainee employees, the university degree required;
• ·statement issued by a Hungarian host entity stating that the executive employee or specialist has the experience needed for the intra-corporate transfer,
• ·declaration by the company established in a third country of the planned duration of the intra-corporate transfer in Member State of the European Union (to prove that among the Member States of the European Union, Hungary is the country with the longest period of intra-corporate transfer)

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:

• ·an employment contract or a letter of assignment,
• ·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

The applicant shall declare a real Hungarian address as an accommodation on the application form. A separate document will not be required to be attached to the declaration.

Documents proving that the applicant has health insurance

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

An applicant meets this condition in the following cases:

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

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

Meeting the conditions of exit may be proved by:

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

Other required documents

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

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

6) Other information in relation to the procedure

Applications for the issuance/extension of a residence permit for guest workers 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 visa entitling their holder to receive their residence permits issued to third-country nationals is a single-entry visa 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?

In case of executive employees or specialists the validity period of the document is maximised in 3 years, and it may be extended; however, its validity period may not exceed 3 years of time from the date of first issuance.

In case of trainee the validity period of the document is maximised in 1 year, and it may be extended; however, its validity period may not exceed 1 year of time from the date of first issuance.

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

10) Further information

• ·Appeal

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

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

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

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

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

For information on reporting obligations, please click here.

INFORMATION

on

Residence of the student, pupil:

Residence Permit for the Purpose of Studies, the student mobility residence permit, the student mobility certificate

1.)  A residence permit for the purpose of studies, the student mobility residence permit and the student mobility certificate may be issued to a third-country national:

I. A residence permit for the purpose of studies may be issued to a third-country national, who

• ·establishes or has established a learning relationship with a public education institution registered in the public education information system as operating a full-time school system, or
• ·full-time studies at a state-recognised higher education institution or at a foreign higher education institution authorised to operate in Hungary, or
• ·wishes to reside in Hungary to participate in a preparatory course organised by the higher education institution.

Applicants must have the linguistic knowledge required for the pursuit of studies.

A residence permit for the purpose of studies cannot be granted to a third-country national who(se)

• ·applied for recognition as a refugee or who requested any subsidiary form of protection or temporary protection from the asylum authority,
• ·is a refugee or a beneficiary of temporary or subsidiary protection,
• ·is a person with tolerated status,
• ·expulsion has been suspended,
• ·is a person with the right of free movement and residence,
• ·holds an EU long-term residence permit,
• ·arriving in the territory of the European Union as an intra-corporate transferee or trainee, and
• ·enters the territory of the European Union for the purpose of highly qualified employment.
• ·holds a residence permit issued by another Member State of the European Union for the purpose of study, intends to pursue part of his/her studies at a Hungarian higher education institution and are not covered by an European Union or multilateral programme involving mobility measures or an agreement between two or more higher education institutions.

II.             Student mobility residence permit may be granted to a third-country national, who

III.           Student mobility certificate may be granted to a third-country national, who

• ·holds a residence permit issued by another Member State of the European Union for the purpose of study, intends to pursue part of his/her studies at a Hungarian higher education institution and covered by an EU or multilateral programme involving mobility measures or an agreement between two or more higher education institutions, and
• ·notifies the immigration authority of the student mobility plan and the planned duration of the mobility in order to exercise student mobility.

Before starting the procedure, please clarify with the sending or host educational institution whether you are coming to Hungary under a European Union or multilateral programme involving mobility measures or under an agreement between two or more higher education institutions.

A third-country national is defined as:

• ·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

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 hold a residence permit and your entry into Hungary is not covered by the visa-exempt travel regime 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 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

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

If you are allowed to enter the territory of Hungary visa free  due to your nationality, and you are not a holder of a residence permit, you may submit an application for a residence permit within the territory of Hungary during your legal stay 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 of“Enter Hungary”, which is available by clicking here, or
• ·in person, before the competent regional directorate of NDGAP as per your place of accommodation. Contact details of the regional directorates and further information are available by clicking here.

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

II.  Application for the extension of a residence permit

Submission of applications for the extension of a residence permit for the purpose of studies 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 for the purpose of studies 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 90 days in any 180-day period.

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

The student mobility residence permit and the student mobility certificate cannot be extended.

3) Additional information on application submission

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

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

If the applicant is a minor with limited capacity or 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 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 purpose of residence may be verified by:

• ·a certificate of admission from the relevant educational institution,
• ·a document verifying student status,
• ·other reliable means.

Linguistic knowledge required for the pursuit of studies may be verified by:

• ·a language certificate in proof of language proficiency examination,
• ·an official diploma in proof of studies in a foreign language,
• ·other reliable means.

When applying for a student mobility residence permit or submitting a student mobility notification, the agreement or admission certificate with the Hungarian higher education institution must be attached.

The application must be accompanied by proof of payment of tuition fees.

In the case of extension a statement made out by the education establishment on the applicant’s academic advancement shall also be attached/enclosed. The certificate issued by the education establishment shall contain information about the number of semesters in the given tertiary training, the number of active semesters the foreign national has in the training, indicating also the specific semesters in question.

The NDGAP may refuse the extension of the residence permit for the purpose of study or may revoke the permit if the student fails to obtain a degree within one and a half times the period of study as set out in the training and the exit requirements.

Please also note that if you have been granted a residence permit for the purpose of attending a preparatory course, the permit can only be extended if you have been admitted to a state-recognised higher education institution or a foreign higher education institution authorised to operate in Hungary and you provide proof of this by means of an admission certificate or a student status certificate.

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 by a member of the applicant's family undertaking to provide for the maintenance and support of the applicant and a document certifying the ability of the person providing the support to do so,
• ·a document on regular income issued by the employer or the tax authority
• ·other credible means (e.g. a scholarship certificate).

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

An existing and real Hungarian address shall be declared as accommodation on the application form. It is not necessary to attach/enclose a separate document.

Documents proving that the applicant has health insurance

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

An applicant meets this condition in the following cases:

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

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

Meeting the conditions of exit may be proved by:

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

Other required documents

• ·If the applicant is a minor, proof that his/her parent or legal guardian has consented to his/her stay in Hungary. The parental consent must be recorded in an authentic instrument or a private document with full probative force and accompanied by a translation into Hungarian or English.
• ·Attaching/enclosing 1 facial photograph.

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

6) Time period of procedural administration

Time period for procedural administration: 15 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 for a residence permit for studies case adopts a decision as to merits within 60 days from the date of the submission of the application.

7) Receiving the residence permit document and the student mobility certificate

If you submitted your application for a residence permit for the purpose of studies and for the student mobility 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 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.

The residence permit for the purpose of studies shall be delivered by way of post to the address of the educational establishment.

The student mobility residence permit and the student mobility certificate shall be delivered by way of post to the address indicated as place of delivery in the application form.

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

Validity period of the residence permit for the purpose of studies is minimum 1 year, or if the training is less than 1 year, it is adjusted to the duration of the training. Validity period of the document is maximised in 3 years. It may be extended for minimum 1, maximum 3 years.

The validity period of a residence permit for the purpose of studies may not exceed the validity period of the applicant's travel document.

The validity period of the student mobility residence permit and the student mobility certificate is maximised in 360 days.

The validity period of the mobility residence permit and the mobility certificate shall be determined in a way so that it does not exceed the period of validity of the residence permit issued by the first Member State.

9) Other information

• ·Family Reunification

A third-country national holding or applying for a residence permit for the purpose of studies, a student mobility residence permit or a student mobility certificate shall not be granted a residence permit for the purpose of family reunification.

• ·Long-term resident status

Third-country nationals holding a residence permit for study purposes, a student mobility residence permit or a student mobility certificate may not be granted a national residence card.

• ·Employment

Third-country nationals holding a residence permit for the purpose of studies, a student mobility residence permit or a student mobility certificate may engage in employment during their study period for maximum thirty hours weekly, and outside their study period full-time for a maximum period of ninety days in a year.

• ·Seeking a job or starting a business

If you have a valid residence permit for the purpose of study and you have successfully completed your studies and the job or business you want to start in Hungary is suitable for the level of your studies, you can submit an application for a residence permit for seeking a job or starting a business in Hungary.

More information on how to submit an application is available on this link.

• ·Appeal

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

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

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

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

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

For information on reporting obligations, please click here.

INFORMATION

on

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.

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.