INFORMATION

on

Residence permit for the purpose of family reunification

1. 1)Which third-country national is eligible to be granted a residence permit for the purpose of family reunification?

A residence permit for the purpose of family reunification may be granted to a third-country national who is:

• ·a family member of a person in possession of a residence permit,
• ·a family member of a person in possession of an immigration permit, settlement permit, interim permanent residence permit, national permanent residence permit, EC permanent residence permit,
• ·a family member of a person in possession of an interim residence card, a national residence card or an EU residence card,
• ·a family member of a person in possession of a residence card, a permanent residence card for EEA nationals, a permanent residence card for third-country national family members,
• ·a family member of a Hungarian citizen,
• ·a family member of a person with refugee status, if their marriage was contracted prior the entry into the territory of Hungary,
• ·the parent of an unaccompanied minor with refugee status, or the minor’s legally appointed guardian,
• ·dependent parent of a sponsor or his/her spouse,
• ·dependent parent of a person with refugee status,
• ·the sibling and ascendant family member of a sponsor or his/her spouse if he/she is unable to support him/herself due to health reasons,
• ·the sibling and ascendant family member of a person with refugee status if he/she is unable to support him/herself due to health reasons.

A residence permit for the purpose of family reunification shall be issued to the third-country national child born in Hungary of a third-country national residing in Hungary with a residence permit.

Definition of third-country nationals:

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

qualify as third-country nationals.

Definition of family member:

• ·the spouse of the third-country national or of a Hungarian national (including registered partner under Act XXIX of 2009),
• ·the minor child (including adopted and foster children) of a third-country national and his/her spouse,
• ·the dependent minor child (including adopted and foster children) of a third-country national where this third-country national has parental custody,
• ·the dependent minor child (including adopted and foster children) of the spouse of a third-country national where the spouse has parental custody,
• ·a person having and exercising parental custody of a minor Hungarian child and living in the same household with the minor

qualify as family member.

A residence permit for the purpose of family reunification may not be granted to a third-country national if the sponsor:

• ·does not hold a residence permit for the purpose of guest self-employment for at least a year,
• ·holds a residence permit for the purpose of seasonal employment,
• ·holds a residence permit for the purpose of employment for the purpose of investment,
• ·holds a residence permit for the purpose of employment,
• ·holds a residence permit for guest workers,
• ·is a holder of a White Card,
• ·holds a residence permit for the purpose of studies, training,
• ·holds a residence permit for the purpose of traineeship,
• ·holds a residence permit for the purpose of voluntary service.

The spouse of the sponsor cannot be granted a residence permit if the other spouse of the sponsor is in possession of a residence visa or a residence permit issued for the purpose of family reunification.

1. 2)Where can clients submit their applications?

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 are not allowed to enter Hungary without a visa, 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 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 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, 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 applications for a residence permit be submitted in Hungary?

Application submission in Hungary is available:

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

II. Application submission for the extension of a residence permit

Applications for the extension of a residence permit may only be lodged by the procedure initiation 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 90 days in any 180-day period.

The residence in the territory of Hungary for at least 90 days is not required in case of the extension of a residence permit issued for the purpose of family reunification for the family member of a person holding residence permit for guest investors.

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.

III. Application submission via an employer

In case your family member’s application for a residence permit for the purpose of intra-corporate transfer, research, National Card, EU Blue Card or Corporate Card of your family member - with whom you are applying for family reunification in Hungary - is lodged by his/her employer, your application for family reunification may also be lodged by your family member’ employer if you give consent to such a process in a written declaration of consent and

• ·you have not entered the territory of Hungary, or
• ·you have entered the territory of Hungary visa free, are staying legally and not a holder of a residence permit, or
• ·you are a holder of a valid residence permit, and wish 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 must appear in person before the authority to facilitate taking the applicant’s facial photograph, recording his/her fingerprint and performing other procedural conducts upon the request of the authority.

1. 3)Additional information on application submission

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

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

If the application is submitted in person, the applicant shall be exempt from the obligation to appear in person only if (s)he is unable to do so due to his/her state of health.

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

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph of the applicant and fingerprint in the case of the applicant is 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.

1. 4)Administrative service fee for the procedure

Information on administrative service fees for procedures is available 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:

• ·birth certificate,
• ·marriage certificate,
• ·adoption document or
• ·any other credible evidence.

Family relationship for the purpose of reunification with a person with refugee status or a person who has been granted subsidiary protection may be verified by any reliable means, specifically by DNA analysis.

Please note that marriage certificate submitted by third-country national family member of a Hungarian citizen can be accepted only after domestic registration.

In case the applicant also wishes to establish an employment relationship in addition to family reunification, the preliminary agreement or the document on legal relationship of employment must also be enclosed.

A birth certificate also means an equivalent document issued by a foreign authority.

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 document on regular income issued by the employer or the tax authority,
• ·a notarised declaration by a family member of the applicant's undertaking to provide maintenance and care for the applicant, and a document proving his/her capacity for the care and maintenance,
• ·any other credible evidence.

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

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

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

Documents proving that the applicant has health insurance

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

An applicant meets this condition in the following cases:

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

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

Meeting the conditions of exit may be proved by:

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

Other required documents

• ·If the applicant is a minor, he/she must be prove that his/her parent or legal representative has consented to his/her stay in Hungary. The parental consent must be included in a private document or a public document with full evidential force, as well as provided with a Hungarian or English translation.
• ·Attaching/enclosing 1 facial photograph.

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

1. 6)Other information in relation to the procedure

Applications for the issuance/extension of a residence permit for family reunification are examined under a single application procedure if you wish to establish a legal relationship for employment in addition to family reunification.

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

1. 7)Time period of procedural administration

Time period for procedural administration: 21 days.

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

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

If the application is examined under a single application procedure because you wish to establish a legal relationship for employment in addition to family reunification, the authority acting on the application case adopts a decision as to merits within 70 days from the date of the submission of the application.

1. 8)Receiving the residence permit document

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

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

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

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

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

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.

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

The validity period of the permit shall be determined depending on the sponsor’s residence title as follows:

• ·the general validity period of the document is a maximum of 3 years, which on occasion may be extended by a maximum of 3 years if appropriate conditions are met,
• ·if the sponsor is a holder of an EU Blue Card or a Corporate Card, the validity period of the document is a maximum of 4 years, which on occasion may be extended by a maximum of 4 years,
• ·if the sponsor is a Hungarian citizen and a holder of an EC permanent residence permit or an EU residence card, the validity period of the document is a maximum of 5 years, which on occasion may be extended by a maximum of 5 years,
• ·if the sponsor is a holder of a residence permit for guest investors, the validity period of the document is a maximum of 10 years, which on occasion may be extended by a maximum of 10 years.

The validity period of the residence permit may not exceed the validity period of the applicant’s travel document or the validity period of the sponsor’s residence permit.

1. 10)Further information

• ·Employment

The applicant is entitled to work in case the issuance or the extension of the residence permit has been made in a single application procedure. For more information on a single application procedure click here.

In this case the applicant shall complete and enclose one of the following three appendixes: Application for employment, a Hungarian Card, or a National Card  beyond Appendix for an application for a residence permit for the purpose of family reunification.

The appendix shall be attached whichever type of permit applies to the applicant’s employment and citizenship (the conditions for each purpose can be found by clicking on the name of the given type of permit).

The immigration authority must be notified of your intention to enter into employment relationship immediately after the conclusion of the preliminary agreement, but within 5 days at the latest.

• ·Notification of divorce or death of a spouse

The divorce or the death of your spouse must be reported to the regional directorate responsible for your place of accommodation within 30 days of receipt of the final judgement on divorce or the death certificate by attaching the documents at the same time.

• ·The right of further residence in Hungary

The family member - who has not acquired the right of residence on another legal basis - is entitled to continue to reside if

-   5 years have passed since the first issuance of the residence permit,

or

-   in the event of the death of the sponsor or of the person recognised as a refugee, if the conditions of residence are met.

• ·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

Notification obligations for third-country nationals

1. 1)Registering accommodation

Third-country nationals must notify the regional directorate of the National Directorate General for Aliens Policing (hereinafter: NDGAP) of their accommodation in Hungary by providing the followings:

• ·natural identification data,
• ·particulars of the travel document,
• ·address of place of accommodation,
• ·date of arrival to and estimated departure from the place of accommodation, and
• ·serial number of visa or residence permit.

When making the notification, third-country nationals must attach one of the following documents:

• ·a proof of ownership of the applicant’s home in Hungary,
• ·a residential lease contract certifying the existence of a rental relationship,
• ·a document verifying an accommodation booked and paid for,
• ·a notarised declaration of a family member who holds a residence visa, residence permit, has a long-term residence status, holds a residence card,permanent residence card for EEA nationals or for third-country national family members as defined by Act I of 2007 on the Admission and Residence of Persons with the Right of Free Movement and Residence or is recognised as a refugee in Hungary, that (s)he will guarantee the applicant's residence, or
• ·other credible documents.

Third-country nationals are not required to submit the documents listed above if their long-term stay in Hungary is accomplished with

• ·EU Blue Card,
• ·short-term mobility certificate of researchers,
• ·long-term mobility certificate of researchers,
• ·student mobility residence permit,
• ·student mobility certificate,
• ·residence permit for the purpose of intra-corporate transfer,
• ·residence permit for the purpose of studies,
• ·residence permit for the purpose of research,
• ·residence permit for the purpose of voluntary services,
• ·residence permit for the purpose of traineeship, or
• ·residence permit for the purpose of seeking a job or starting a business.

Any change of accommodation must be notified to the regional directorate responsible for the new accommodation within 3 days of the change.

The form required to register the accommodation can be downloaded here.

The accommodation or change of accommodation must be notified electronically via the Enter Hungary platform after electronic registration.

Third-country nationals can certify that they have registered their accommodation by means of an accommodation certificate, which they must retain and keep with them.

1. 2)Notification of the birth of a child

If you are in possession of a visa for an intended stay not exceeding 90 days, a visa or residence permit for a stay exceeding 90 days within 180 days, or you have a long-term residence status, and you give birth to a child in the territory of Hungary who is a third-country national, you must notify the NDGAP regional directorate by providing the following information:

• ·personal details of the child (name, place and date of birth, mother’s name);
• ·document number of the child’s travel document;
• ·address of place of accommodation/residence of the child.

1. 3)Reporting the loss, theft or destruction of a document

You must immediately report the loss, theft or destruction of your travel document or residence permit to the immigration authority (at the regional directorate of NDGAP, police station or in case of foreign residence at the competent Hungarian diplomatic mission).

The immigration authority will issue a certificate of notification.

A travel document which is believed to have been lost and which is found after being reported lost must be reported to the immigration authorities without delay. A third-country national must obtain a new travel document to replace a lost, stolen, destroyed or expired travel document, unless an international agreement provides otherwise.

The application for the substitution of a residence document can only be submitted electronically via the Enter Hungary platform, which can be accessed by clicking here.

1. 4)Notification obligation in connection with employment

Third-country nationals must notify NDGAP’s regional directorate of their intention to undertake employment,

• ·immediately after the termination of their previous employment or a change in the terms and conditions of their employment, but not later than 5 days if they are employed by an employer other than the one they were previously employed by or under different terms and conditions;
• ·without undue delay after the conclusion of the preliminary agreement and within 5 days at the latest, if they have

-         a residence permit for the purpose of family reunification,

-         an EU Blue Card,

-         a residence permit issued for the purpose of guest self-employment,

-         a Hungarian Card,

-         a humanitarian residence permit (as a person recognised as a stateless person; as a person cooperating with the authorities in the interests of law enforcement or national security; or as a person who has been employed under particularly exploitative conditions or as a minor without a residence permit)

-         a residence permit for the purpose of research,

-         a residence permit for seasonal employment,

-         a residence permit for the purpose of intra-corporate transfer, or

-         a long-term mobility certificate.

Please note that specific reporting obligations for each purpose of residence are set out in the dedicated information materials.

INFORMATION

on

National Residence Card

1. 1)Which third-country nationals are eligible to be granted a national residence card?

Third-country nationals who hold a residence permit, interim permanent residence permit or interim residence card and

• ·have resided in Hungary legally and without interruption for at least 3 years prior to submitting the application, or
• ·live in a family community as a dependent ancestor for at least 1 year immediately prior to submitting his/her application

- with a Hungarian citizen, or

- with a third-country national who has been granted a long-term residence status (immigration permit, permanent residence permit, interim permanent residence permit, national permanent residence permit, EC permanent residence permit, interim residence card, national residence card, EU residence card), or

- with a third-country national recognized as a refugee, or

• ·are the spouse of a Hungarian citizen, or a third-country national who has been granted a long-term residence status or is a recognised refugee provided that the marriage was concluded at least 2 years prior to the application submission, or
• ·used to be a Hungarian citizen, but his/her citizenship ceased, or his/her ancestor is Hungarian or was a Hungarian citizen, or
• ·are the minor child of a third-country national who have been granted long-term residence status or are recognised refugees

may be granted a national residence card.

Even in the case of the above conditions, you can only get a national residence card if your long-term residence is in line with the interests of Hungary.

If you have been recognized as a refugee in Hungary, you can submit your application even without a residence visa or residence permit.

If the above conditions apply to the applicant, a national residence card may be granted if

• ·his/her housing and subsistence are guaranteed in Hungary,
• ·(s)he is considered to have access to comprehensive health insurance services covering all healthcare services or that (s)he can cover the costs of such services,
• ·None of the excluding conditions below apply to the applicant:

-   his/ her permanent residence threatens the public or national security of Hungary

-   (s)he is subject to expulsion, ban on entry and stay, or SIS alert

-   in order to obtain the card, (s)he provided false information, an untrue fact, or deceived the acting authority,

-   (s)he has a criminal record and has not been exempted from the disadvantages associated with a criminal record.

Please note that a national residence card cannot be granted if you have a residence permit issued for the following purposes:

• ·residence permit for the purpose of guest self-employment,
• ·residence permit for the purpose of seasonal employment,
• ·residence permit for employment for the purpose of investment,
• ·residence permit for the purpose of employment,
• ·residence permit for guest workers,
• ·residence permit for the purpose of study (including seeking a job and starting a business),
• ·residence permit for the purpose of training,
• ·interim residence permit,
• ·residence permit for the purpose of medical treatment,
• ·White Card,
• ·residence permit for the purpose of posted work,
• ·residence permit for the purpose of traineeship,
• ·residence permit for the purpose of voluntary service.

If a third-country national child is born in the territory of Hungary to a parent who is the holder of an immigration permit, permanent residence permit, national permanent residence permit, EC permanent residence permit, national residence card, or EU residence card, a national residence card is issued for the child upon the notification of his/her birth.

If there is a national interest, the third-country national may receive a national residence card based on the decision of the minister responsible for aliens policing and asylum even in the absence of other conditions. The minister responsible for aliens policing and asylum can consider Hungary's economic, national political, scientific, cultural and sports interests as national interests.

After clarifying the facts, the National Directorate-General for Aliens Policing submits the request to the minister responsible for aliens policing and asylum, who makes a decision on the request. There is no legal remedy against the minister's decision.

A third-country national with a national residence card is entitled to reside in Hungary for an indefinite period of time.

Definition of third-country nationals:

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

qualify as third-country nationals.

1. 2)How can an application be submitted?

Applications for national residence card to be issued or extended can only be submitted via the electronic platform of Enter Hungary, which is available by clicking here.

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. 3)Administrative service fee for the procedure

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

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

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.

The followings shall be attached to the application:

• ·birth certificate,
• ·marriage certificate in the case of a married applicant,
• ·in case of dissolution of the marriage, the legally binding official decision establishing it,
• ·in the case of a minor applicant, an authentic document according to the minor's personal right stating that there are no legal obstacles to the minor's long-term stay,
• ·a document issued with the last 6 months by the authorities of the country of permanent or habitual residence prior to entering Hungary, confirming a clean criminal record (a minor applicant under the age of 14 is exempt from the obligation to submit a document certifying a clean criminal record).

The enclosure/attachment of the above documents can be waived if the acquisition of the document is impossible or involves disproportionate difficulty due to reasons other than the third country citizen's own fault. In this case, the document is replaced by the applicant's statement.

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:

• ·certificate of cash savings from the credit institution of the applicant or the family member who undertakes to support him,
• ·Hungarian assets that ensure livelihood, property rights, public documents certifying the existence of property values or private documents with full probative value,
• ·employer's or tax authority's certificate of regular income in Hungary,
• ·Hungarian credit institution certificate of regular income paid from abroad,
• ·the notarized statement of a family member living in Hungary, ensuring the maintenance and care of the applicant, as well as a document certifying the maintenance capacity of the person undertaking the maintenance,
• ·other authentic document.

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 document in proof of ownership of the residential property,
• ·a residential lease contract,
• ·the statement of a family member living in Hungary, included in a notary document, guaranteeing the applicant's residence.

It is not necessary to attach/enclose a document certifying the conditions of residence, if the applicant has already attached/enclosed it in the procedure for issuing or extending the residence permit, and the third-country national's declared accommodation has not changed.

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.

Other required documents

• ·1 facial photograph,
• ·valid travel document (or if you had several travel documents during your uninterrupted legal stay in Hungary, a copy of each travel document).

Please note that a public document issued abroad, as well as a private document certified by a foreign court, public administrative body, notary public or other person with public authority - unless otherwise provided by law, international treaty or reciprocity practice - has probative value under Hungarian law only if it has been provided with a diplomatic apostile by the Hungarian foreign representative authority operating in the country of the place of issuance.

Please also note that a document issued in a language other than Hungarian can only be accepted with an authentic Hungarian translation.

Please be informed that the marriage certificate submitted by a third-country national family member of a Hungarian citizen can only be accepted after the domestic registration.

5) Time of administration

The administration time: 70 days.

For the child of a third-country citizen with a long-term residence status, who was born in Hungary, the national residence card will be issued with priority, but within 5 days at the latest.

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. 

6) Receiving the residence permit document

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.

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

The validity of the document is maximised in 10 years, which may be extended by a maximum of 10 years upon request.

8) Other information

• Notification of a change of residence

If you are a holder of a national residence card, you are required to report the change in your place of residence, which was declared in the procedure for its issuance, to the district (capital district) office of the capital and county government office that is competent according to your new place of residence.

A change of residence does not entail a replacement of the residence card.

The notification of the change of residence is confirmed by the address card issued by the notary, and it shall be kept together with the residence card document and handed over to the authorized authority for inspection.

• ·Appeal

In case of refusal, the decision may be appealed within 15 days of delivery, submitted to the authority of first instance.

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

The residence of the researcher and his/her family member:

residence permit for the purpose of research, residence permit for the purpose of long-term mobility of researchers and short-term mobility certificate of researchers

1. 1)Which third-country nationals are eligible to be granted a residence permit for the purpose of research, residence permit for the purpose of long-term mobility of researchers and short-term mobility certificate of researchers?

1. I.Residence permit for the purpose of research may be issued to a third-country national

• ·seeking admission to the territory of Hungary for the purposes of carrying out a research project under a hosting agreement concluded with a research organisation accredited under specific other legislation; and
• ·if the research organisation provides a written commitment for reimbursing the costs of expulsion in cases where the researcher remains in the territory of Hungary past the period authorised – if the researcher does not have the financial means necessary.

Residence permit for the purpose of research may not be granted to

• ·any third-country national who has applied for recognition as a refugee or who requested any subsidiary form of protection or temporary protection from the asylum authority,
• ·any person who has been granted refugee status, or any subsidiary form of protection or temporary protection in Hungary,
• ·persons with tolerated status,
• ·any third-country national whose expulsion has been suspended for reasons of fact or of law,
• ·persons with the right of free movement and residence,
• ·third-country nationals holding an EC permanent residence permit certifying long-term residence status granted by any Member State of the European Union,
• ·third-country nationals arriving in the territory of the European Union as trainee employees within the framework of an intra-corporate transfer, and
• ·third-country nationals who enter the territory of the European Union for the purpose of employment as highly qualified workers.

1. II.Residence permit for the purpose of long-term mobility of researchers may be granted to a third-country national

• ·who is a holder of a residence permit issued by a Member State of the European Union for the purpose of research and – under a hosting agreement with an accredited research organisation – intends to carry out part of his/her research at a research organisation in Hungary for a period exceeding 180 days,
• ·to a family member of the researcher holding a valid residence permit issued on the basis of his/her family member status by an EU Member State.

1. III.

• ·who is a holder of a residence permit issued by a Member State of the European Union for the purpose of research and – under a hosting agreement with an accredited research organisation – intends to carry out part of his/her research at a research organisation in Hungary for a maximum of 180 days within a 360-day period,
• ·to a family member of the researcher holding a valid residence permit issued on the basis of his/her family member status by an EU Member State.

Definition of third-country nationals:

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

qualify as third-country nationals.

1. 2)Where can clients submit their applications?

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

1. a)Application submission outside the territory of Hungary

If your entry into Hungary is not covered by the visa-exempt travel regime and you are not a holder of a Hungarian residence permit, your application for the issuance of a residence permit or mobility notification is to be submitted outside of Hungary. 

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

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

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

1. b)Application submission within the territory of Hungary

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

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

If you are holder of a residence permit for the purpose of research issued by an EU Member State issued, you may also submit an application for a residence permit for the purpose of long-term mobility of researchers or for a notification for the issuance of a short-term mobility certificate of researchers in Hungary.

In the above mentioned case, your family member, who is legally residing in the territory of Hungary and is a holder of a residence permit issued by another EU Member State may also submit an application for residence permit or for a mobility notification in Hungary.

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

Application submission in the territory of 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.

1. II.Application submission via a host organisation

Applications for the issuance and the extension of a residence permit for the purpose of research may also be lodged by a host organisation, if the concerned researcher 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 research, and wishes to apply for its extension.

Applications by a host organisation 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 a host organisation, the client concerned must appear in person before the authority to facilitate taking the applicant’s facial photograph, recording his/her fingerprint and performing other procedural conducts upon the request of the authority.

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

Submission of applications for the extension of a residence permit for the purpose of research and a residence permit for the purpose of long-term mobility of researchers is only available within the territory of Hungary, via the platform of Enter Hungary, which is available by clicking here.

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

• ·you are a holder of a valid residence permit for 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 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)Administration service fee for the procedure

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

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

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

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

Documents in proof of the purpose of residence

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

• ·a hosting agreement with an accredited research organisation

The following documents must be enclosed with/attached to the application for residence permit for the purpose of research and with/to the notification for the short-term mobility certificate of researchers

• ·long and short-term mobility plan, indicating the planned duration and dates of the mobility,
• ·a valid travel document must be presented,
• ·a valid residence permit for the purpose of research issued by a Member State of the European Union must be presented,
• ·if a family member is applying with the applicant, his/her a valid residence permit issued by a Member State of the European Union must also be presented.

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 document on the income issued by the employer or/and a document on the income of the previous year issued by the tax authority,
• ·a document on regular foreign income issued by the employer or the tax authority.
• ·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).

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

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

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

1. 6)Other information in relation to the procedure

Applications for the issuance of a residence permit for the purpose of research, residence permit for the purpose of long-term mobility of researchers and short-term mobility certificate of researchers 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: 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 case for residence permit for the purpose of research and residence permit for the purpose of long-term mobility of researchers adopts a decision as to merits within 60 days from the date of the submission of the application.

1. 8)Receiving the residence permit and the mobility certificate document

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

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

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

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

A residence permit document and a mobility certificate 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 a host organisation, the document shall be delivered to the host organisation, to the host organisation’s official contact address, in the absences thereof, to the host organisation’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.

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

Validity period of the residence permit for the purpose of research is minimalised in 1 year (if the validity period of the hosting agreement is shorter, the validity period adjusts to the length of the hosting agreement), maximised in 2 years, and it may be extended for the same purpose, occasionally for maximum 2 years.

Validity period of the residence permit for the purpose of long-term mobility of researchers is maximised in 365 days.

Validity period of the residence permit for the purpose of long-term mobility of researchers issued for the family member of the researcher is maximised in 360 days, but may not exceed the period of validity of the researcher's residence permit for the purpose of long-term mobility of researchers.

The validity period of short-term mobility certificate of researchers is maximised in 180 days in any 360-day period, but the validity of the short-term mobility certificate of researchers issued for the family member of researcher’s may not exceed the validity period of the short-term mobility certificate of researchers issued for the researcher.

Please note that the validity period of the document shall not exceed the validity period of the applicant's travel document.

1. 10)Further information

• ·Seeking a job or starting a business

If you are a holder of a residence permit for the purpose of research and you prove that you completed your research and that the job or business you want to start in Hungary matches the level of your research, you may apply for a residence permit for the purpose of seeking a job or starting a business.

For information on the submission of the application, please click here.

• ·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.