INFORMATION

on

Residence permit for employment for the purpose of investment

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

Residence permit for employment for the purpose of investment may be issued to guest workers:

• ·whose purpose is to perform actual work for or under the direction of others, for remuneration, under contract for employment relationship in order to implement an investment,
• ·whose employer has concluded an agreement or contract with the minister responsible for foreign economic affairs acting on behalf of the Government, or has accepted the offer of support, in order to implement this investment, and
• ·whose employer has a prior approval for group employment defined by law (an official promise to employ a specified number of guest workers for a specified period of time in order to implement the investment)

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)

I. Application for the issuance of a residence permit

1. a)Application submission outside of Hungary

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

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

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

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

1. b)Application submission within the territory of Hungary

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

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

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

Application submission in Hungary is available:

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

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

II. Application submission via an employer

Applications for the issuance and for the extension of a residence permit for employment for the purpose of investment 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 yet, 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 employment for the purpose of investment, 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 employment for the purpose of investment 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 employment for the purpose of investment 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.

Extension of a residence permit is only possible until the realisation of the investment, but only for a period not exceeding 3 years from the date of first issuance of the permit.

Furthermore, please note that an application for the extension of a residence permit for employment for the purpose of investment 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 an application for a residence permit, the applicant is required to meet conditions for entry and residence in Hungary, during the procedures mandatory attachments/enclosures may serve as proof of meeting the set conditions.

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

Documents in proof of the purpose of residence

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

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

Further attachments required are:

• ·prior approval for group employment issued to the employer,
• ·certificate of the agreement or of the acceptance of the offer of support in order to implement the investment, issued by the minister responsible for foreign economic affairs.

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.

If the employer accommodates the applicant on the site of the investment separated from local residents, a permission from the competent authority shall be attached and the proof of the capacity of the accommodation.

Documents proving that the applicant has health insurance

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

An applicant meets this condition in the following cases:

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

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

Meeting the conditions of exit may be proved by:

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

Other required documents

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

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

1. 6)Other information in relation to the procedure

Applications for the issuance/extension of a residence permit for employment for the purpose of investment are examined under a single application procedure.

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

1. 7)Time period of procedural administration

Time period for procedural administration: 21 days.

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

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

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

1. 8)Receiving the residence permit document

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

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

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

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

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

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?

Validity period of the document is maximised in the realisation of the investment according to the time period defined in the approval of group employment, but for the maximum of 3 years.  

The residence permit may be extended for the same purpose only until the realisation of the investment however, its validity period may not exceed 3 years 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.

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

• ·Family reunification

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

• ·Long-term residence

Third-country nationals who are holders of a residence permit for employment for the purpose of investment 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

Official notification of the internship program and host organization

The host organisation must notify the immigration authority in advance of the operation of the traineeship programme and of any changes to the information.

The host organisation shall complete the notification electronically through the Enter Hungary  platform after electronic identification.

An organization hosting trainees can be:

• ·the local government,
• ·minority self-government in its statutory duties,
• ·central budgetary agency in its core activities,
• ·a religious legal entity based in Hungary in the field of its denominational, public and operational activities,
• ·any company having a valid Strategic Partnership Agreement with the Government for the training purposes specified in the agreement.

The notification shall include:

• ·the name, registered seat and tax number of the host organization,
• ·the start and end date of the internship program and its title,
• ·the scope of activities covered by the internship program.

With the aim of transparency of the host organizations and for the protection of trainees the immigration authority will keep records of the reported data.

The immigration authority will inform the host organization about the registration within 15 days after the receipt of a complete notification.

The name of the host organizations in the register is published by the immigration authority on its website.

Procedures for official notification of a host organization, notification of change of data and removal from the register are all free of charges.

In case a host organization fails to comply with the reporting obligation, the immigration authority will in its decision – taking into account the severity of the breach of requirement – delete the host organization from the register and prohibit it from accepting trainees for up to one year.

INFORMATION NOTE

Transitional provisions concerning the entry into force of Act XC of 2023 on the general rules for the entry and residence of third-country nationals.

Important information about the validity of residence permits issued prior to the entry into force on 1 January 2024 of the new legislation, Act XC of 2023 on the general rules for the entry and residence of third-country nationals (hereinafter: Act XC of 2023), and about the procedures not yet concluded for applications submitted before 1 January 2024, can be found below.

I. Validity of residence permits

• The visa, residence permit, temporary residence certificate, immigration permit, permanent residence permit, interim/ national or EC permanent residence permit and the travel document issued before 1 January 2024 entitles the holder to reside within the validity period.

• If the residence or permanent residence permit expires between 1 January 2024 and 29 February2024, its validity extends until 30 April2024, therefore it shall be considered as if it had originally been issued with a validity period of 30 April2024.

II. Submission of first application under the Act XC of 2023 for holders of residence permits valid on 1 January 2024

If you were in possession of a valid residence permit in Hungary on 1 January 2024, you can apply for the issuance of a residence permit under one of the legal titles provided for in Act XC of 2023. When submitting the application, the  administrative service fee for issuing the residence permit shall be paid.

It is recommended to consult the information leaflets on the website and at the client service for each residence title and their conditions.

The application can be submitted at the earliest 45 days before the expiry date of the residence permit. An exception to this rule is if application for a new residence permit is needed due to a change in employment conditions.

Please note that due to the late submission of the application for a residence permit, a request for verification cannot be submitted beyond the period of validity of the residence permit.

If you are in Hungary, you can only submit your application electronically via the Enter Hungary  platform.

The period of validity of the residence permit document provided for in Act XC of 2023 shall be deemed to begin with the application for a residence permit submitted under the new legislation, after 1 January 2024. This means that the maximum length of stay for a given purpose of stay in Act CX of 2023 will not include the length of your previous stay.

The following residence permits are exceptions to the calculation of the validity period above:

• residence permit for seasonal employment,

• residence permit for intra-corporate transfer,

• White Card,

• residence permit for the purpose of studies

• the residence permit for the purpose of seeking a job or starting a business,

• the temporary residence permit,

• residence permit for the purpose of voluntary service,

• the mobility certificate,

• mobility residence permit.

If you have one of the listed residence permits, the authority will also take into account the length of stay provided by your previous permit(s). Your application can therefore only be granted if the validity period of the residence permit to be issued under Act XC of 2023 does not exceed the total duration of your stay in Hungary, taking into account your previous residence permits.

III. What should be done if your residence permit expires between 1 March 2024 and 1 April 2024?

If your residence permit expires between 1 March and 1 April 2024, you must submit your application for the issuance of a residence permit no later than the last day of the period of validity of your residence permit.

IV. What should be done if you have a residence permit on 1 January 2024 issued for a purpose that is not listed in Act XC of 2023, and still wish to stay in Hungary?

In this case, you must make sure that the activity for which you are staying in Hungary complies with one of the purposes of residence regulated by Act XC of 2023.

a) If you have a residence permit for the purpose of gainful activity, you can apply for a residence permit for guest self-employment.

b) If you have a residence permit for the purpose of employment, you can apply for the issuance of a residence permit under the following legal titles of Act XC of 2023 entitling you to work:

• residence permit for employment purposes

• guest worker residence permit

• Hungarian card

• EU Blue Card

• National Card

Among these, you should apply for the type of permit that is subject to conditions based on your employment or your citizenship. The conditions for each purpose can be found by clicking on the name of the type of permit.

c) If none of the residence purposes regulated in the Act XC of 2023 correspond to your activities in Hungary, you may only apply for a residence permit if your stay in Hungary is of national interest.

National interest can be: Hungary's economic, national political, scientific, cultural or sports interest. The existence of the national interest must be proven by a certificate.

If this is the case for you, you can submit an application for the issuance of a residence permit issued in the national interest, which you can read in detail here.

We would like to draw your attention to the fact that during the procedure, the minister responsible for national policy issues an expert opinion on the existence of the national political interest.

Regarding the existence of Hungary's economic, scientific, cultural and sports interests, the Board appointed by the Government Decree gives an opinion, which, however, does not bind the minister responsible for aliens policing and asylum affairs who makes the decision.

Please note that it is not possible to assess individual circumstances in the case.

d) If your stay in Hungary does not correspond to any of the purposes of residence regulated in Act XC of 2023, and there is no national interest in your case, then it is not possible to issue a residence permit, and you must leave Hungary no later than date of expiry of your residence permit.

V. What should be done if you have a residence permit for the purpose of family reunification valid on 1 January 2024, or if you want to join a family member with a residence permit in Hungary for the purpose of family reunification after 1 January 2024?

a) If you hold a valid residence permit for the purpose of family reunification on 1 January 2024, you have the rights and obligations of family reunification under Act XC of 2023.

A residence permit for the purpose of family reunification may also be extended under Act XC of 2023 if your family member - with whom you wish to continue to reside in Hungary - has a residence permit for a purpose for which a family reunification permit could not be applied under the new legislation. In this case, you must submit an application for the extension of your residence permit and pay the administrative service fee  for the extension.

In this case, however, a declaration must be made - in case of a minor, through the legal representative - that if your family member's residence permit becomes invalid, you will voluntarily leave the territory of the Member States of the European Union and other Schengen States within 8 days of the invalidation.

b) If, after 1 January 2024, you wish to join a family member for the purpose of family reunification who holds a residence permit issued under the previous legislation, Act II of 2007 on the Entry and Residence of Third-Country Nationals (hereinafter: Act II of 2007), the residence permit for the purpose of family reunification shall be issued in accordance with the Act II of 2007 and shall be subject to the rules of the Act II of 2007.

VI. Applications for visas and residence permits submitted before 1 January 2024 and not yet processed?

In the case of an application for a visa and residence permit submitted before 1 January 2024 for which no final decision has been made, the provisions of Act II of 2007 and in the case of a repeated application the provisions of the new legislation, Act CX of 2023 shall apply.

VII. Examination of applications for permanent residence submitted before 1 January 2024 which have not yet been decided, and of applications for the replacement and substitution of documents submitted afterwards (after 1 January 2024)

The provisions of Act II of 2007 and Act I of 2007 (Act on the Entry and Residence of Persons with the Right of Free Movement and Residence) shall apply in the procedure or in the repeated procedure concerning a national permanent residence permit or an EC permanent residence permit submitted before 1 January 2024.

If the application for the issuance and extension of an interim, national or EC permanent residence permit pending on 1 January 2024 is approved, an interim, national and EU residence card document shall be issued.

In case of replacement or substitution of the interim, national and EC permanent residence permit submitted after 1 January 2024, an interim, national and EU permanent residence card document must be issued.

VIII. Assessment of applications for statelessness submitted before 1 January 2024 and not yet concluded

The provisions of Act II of 2007 shall apply to the procedure for the determination of statelessness submitted before 1 January 2024, which has not been finally decided, or to the repeated procedure.