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Permanent Residence Card

Permanent Residence Card

ELIGIBILITY

 

Permanent residence status shall be granted to:

·        an EEA national who has resided legally and continuously in the territory of Hungary for five years;

 

An EEA national who is residing in Hungary to pursue occupational activity in the territory of Hungary is eligible for permanent residence status before the five-year period of residence expires if:

·        he/she has resided in the territory of Hungary continuously for more than three years from the time of entry and at the time of termination of his/her occupational activity has reached the age of entitlement for old-age pension, or ceased his/her occupational activity to claim early retirement, provided that the person has been engaged in occupational activity in the territory of Hungary for at least the preceding twelve months before going into retirement with old-age pension or before taking early retirement;

·        he/she has resided in the territory of Hungary continuously for more than two years from the time of entry to pursue occupational activity and he/she had to give up his/her occupational activity due to incapacity to work as the result of health impairment or accident requiring medical treatment;

·        his/her incapacity to work is the result of an accident at work or an occupational disease invoking entitlement to benefits provided for in specific other legislation; or

·        after three years of continuous occupational activity and residence in the territory of Hungary, he/she pursues occupational activity in another State that is a party to the Agreement on the European Economic Area, while retaining his/her place of residence in the territory of Hungary.

 

Where an EEA national has acquired the right of permanent residence under either of the preferential terms enumerated above, his/her family members holding the right of residence shall also have the right of long-term residence.

 

DEFINITIONS

 

Family member

EEA national

Third-country national

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCEDURE

 

Requirements: the completed form, facial photograph taken not more than three months prior to date, submitting the mandatory enclosures, and payment of the procedural fee.

 Please note that an application may be submitted in person at the client service of the competent NDGAP regional directorate as per the place of residence of the applicant within the territory of Hungary or electronically upon registration on the electronic platform of the immigration authority for procedure initiation (Enter Hungary). In case of a legal representative or an authorised legal entity, applications - which can otherwise be submitted electronically - can only be submitted electronically.

 

For more details on electronic administration, please click here.

 

At the time of submitting the application the copy of the applicant’s valid travel document or personal identification document must be attached, and documents and other papers specified in this Decree to verify lawful and continuous residence must also be enclosed.

 

In the absence of evidence to the contrary, the first day of continuous residence in the territory of Hungary is the day on which the EEA national’s stay exceeding ninety days within a one-hundred-and-eighty-day period of time is reported.

 

The following shall not be deemed as discontinuity of residence

·        temporary absence from the territory of Hungary not exceeding six months in a year;

·        absence for compulsory military service;

·        a one-time absence up to a maximum of twelve consecutive months due to a material cause, such as pregnancy and childbirth, serious illness, pursuit of study or vocational training, or posting.

 

If an EEA national abandons to exercise his/her right of residence in the territory of Hungary, it is considered as discontinuity of residence. If an EEA national has abandoned to exercise his/her right of residence in the territory of Hungary, and returned to the territory of Hungary for a period of over ninety days within a one-hundred-and-eighty-day period of time the duration required for the right of permanent residence shall start over from this time.

 

The administrative service fee charged for the issuance of a permanent residence card is HUF 1,500.

 

The cost of the procedure is payable by way of an electronic payment instrument (bank card).

 

Please note that an application submitted electronically is deemed to have been received by the authority if the administrative service fee has been paid. The signed application form must be attached to the application submitted electronically.

 

If you wish to request an invoice of the payment of the procedural fee, please click on the link below:

Invoice request on payment of procedural fee

 

The regional directorate shall rule the application for a permanent residence card within 70 days.

 

The competent immigration authority shall deliver the document evidencing right of residence to the applicant by way of post.

 

The administrative service fee charged for an appeal is HUF 47,000, which is to be paid by way of an electronic payment instrument (bank card) or in the form of a bank deposit (using the cheque supplied by the regional directorate). When paying by using a yellow cheque, the client’s name and date of birth, and the case type i.e. “Permanent Residence Card Appeal” are to be indicated in the “comment” box.

 

If you wish to request an invoice of the payment of the procedural fee, please click on the link below:

Invoice request on payment of procedural fee

 

FORMS

 

The application shall be submitted with either one of the following forms completed and printed.

Issuance, Renewal of Permanent Residence Card, Appendix I-II

Application for Replacement of Permanent Residence Card

Application for Exchange of Permanent Residence Card
 

Forms available for downloading in PDF format, to be filled out manually:

Issuance, Renewal of Permanent Residence Card, Appendix I-II

Application for Replacement of Permanent Residence Card

Application for Exchange of Permanent Residence Card

 

 MANDATORY ENCLOSURES

 

At the time of submitting the application the applicant is to present his/her valid travel document or personal identification document, and enclose documents and other papers to verify lawful and continuous residence.

 

Please note that an authentic instrument issued abroad or a private document certified by a foreign court, administrative body, notary public or any other person endowed with public authority, unless otherwise provided by law, international treaty or agreement, or the principle of reciprocity, has probative value under Hungarian law, only if it has been endorsed by the Hungarian diplomatic or consular mission operating in the country where it was issued. Unless otherwise provided by law, an instrument issued in a language other than Hungarian shall be accepted only with a certified Hungarian translation attached.

 

The competent authority may accept the authentic instrument submitted by the applicant that was issued abroad without an official Hungarian translation and without diplomatic recertification. 


During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case, and may take further procedural steps as well. The administrative time limit shall not include the length of time between the receipt of the notice for remedying deficiencies until the time of compliance.

 

VALIDITY PERIOD

 

A permanent residence card issued to an EEA national shall be valid indefinitely, together with a valid travel document or personal identification document.

 

ACCRUED RIGHTS AND OBLIGATIONS

 

EEA nationals exercising the right of residence exceeding ninety days within a one-hundred-and-eighty-day period of time shall report to the competent regional directorate as per their place of residence, with personal data included:

·        the death of a family member residing with them;

·        change of name,

·        if the death or change of name occurred outside the territory of Hungary.

 

EEA nationals may notify the competent immigration authority if they abandon to exercise their right of residence, or if they leave the territory of Hungary definitely, including about the country of next habitual residence, and may turn in their document evidencing their right of residence in the territory of Hungary.

 

EEA nationals shall present their documents evidencing their right of residence when requested so by the authority vested with powers to check their identity and their right of residence.

 

 

 

National Visa and National Residence Permit

ELIGIBILITY

A national visa or national residence permit may be issued under international agreement to third-country nationals seeking admission into the territory of Hungary:

·         to pursue activities to preserve and maintain the Hungarian language;

·         to pursue activities intended to preserve cultural and national identity;

·         for the purpose of learning and enlightenment in an establishment other than a secondary or higher education institution recognised by the State;

·         for the purpose of furthering family ties, other than family reunification.

A national residence permit may be issued to a third-country national who has a valid national visa.

An application for national visa and national residence permit may be submitted under international agreement by Ukrainian and Serbian citizens.

 

DEFINITIONS

Third-country national

Stateless person

National visa

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

Requirements: the completed form and the prescribed enclosures, payment of the procedure fee.

Please note that when submitting the application the applicant is required to appear before the authority in person, except if unable to appear due to his/her health condition.

If the applicant is a minor of limited capacity or if incompetent, the application may be submitted by the applicant’s legal representative in his/her stead. If the minor client has reached the age of six at the time the application is submitted, he/she shall be required to appear in person when the application is submitted. The responsibility for ascertaining the minor’s physical presence before the immigration authority lies with the legal representative.

A minor third-country national shall provide proof that his/her parent or legal representative gave permission for his/her stay in Hungary, for the duration of the planned stay.

Parental consent shall be provided in a statement executed in a private document representing conclusive evidence or an authentic instrument, with Hungarian or English translation. Citizens of Serbia may submit an application for national visa at the Hungarian diplomatic or consular mission at Belgrade or Szabadka, whereas Ukrainian citizens may do so at the Hungarian diplomatic or consular mission at Kiev, Ungvár and Beregszász.

Visa application may be submitted free of charge, on the prescribed form. National visa applications are examined and decided by the Immigration and Asylum Office within 15 days.

The resolution adopted for the refusal of an application for national visa, or for the revocation of such visas may not be appealed.

 

Application for National Residence Permit

After their entry, national visa holders are eligible to receive a residence permit free of charge, consistent with the note indicated on the visa sticker, to be issued by the regional directorates of the Immigration and Asylum Office without having to lodge a separate application.

National visa holders are required to appear in person at the regional directorate responsible for the place of their residence within 90 days from the time of first entry, at the latest 30 days before their national visa expires, for receiving the residence permit.

When the application is submitted, the applicant’s facial likeness and – over the age of six years – fingerprint will be taken for the residence permit issued with biometric data. The third-country national affected is obliged to abide by, and perforce tolerate, that procedure.

The competent regional directorates of the Immigration and Asylum Office shall issue the national residence permit without delay.

The first national residence permit is provided free of charge.

The application for extension of the residence permit shall be submitted in person at the regional directorate responsible for the place where the place of accommodation is located 30 days before it expires at the latest, with the necessary documents attached or electronically  upon registration on the electronic platform of the immigration authority for procedure initiation. For more details on electronic administration, please click here.

At the time of submitting the application the applicant shall produce his/her valid travel document.

The administrative service fee charged for the procedure for the extension of a ‘National Visa and National Residence Permit’ is HUF 35,000 if submitted within the territory of Hungary (at one of NDGAP’s client service office) in person. The administrative service fee charged for the procedure for the extension of a residence permit is HUF 23,000 if the application is lodged electronically via NDGAP’s electronic information system and procedure initiation platform (‘Enter Hungary’: https://enterhungary.gov.hu/eh/?en). The administrative service fee is to be paid by way of an electronic payment instrument (bank card) or in the form of a bank deposit (using the cheque supplied by the regional directorate). When paying by using a yellow cheque, the client’s name and date of birth, and the case type i.e. “Residence Permit Application” are to be indicated in the “comment” box.

If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:

Invoice request on payment of procedural fee

 

The regional directorate shall adopt a decision concerning applications for the extension of residence permit within 21 days. The competent immigration authority shall deliver the residence permit document to the applicant by way of post. The applicant may collect the residence permit document at the competent immigration authority in person if able to evidence that he/she is not in a position to receive the residence permit document at the mailing address given, however, he/she is required to prove such circumstances. 

In case of a refusal, the decision may be appealed within 8 days after the decision was delivered and the appeal is to be submitted before the authority of first instance. If the appeal is submitted after the deadline or if made by a person other than the persons entitled to submit an appeal against the decision in the applicant’s case, and if the applicant introduces any new evidence in the appeal, of which he/she was aware before the decision was adopted, or if the appeal is lodged without showing cause, the authority of first instance shall dismiss the appeal without any examination as to merits.

In case of submissions before a regional directorate, the administrative service fee charged for an appeal against a first instance decision in procedures initiated before 22 January 2022 is HUF 5,500, and the administrative service fee charged for an appeal against a first instance decision in procedures initiated on the day of or after 22 January 2022 is HUF 47,000, which is to be paid by way of an electronic payment instrument (bank card) or in the form of a bank deposit (using the cheque supplied by the regional directorate). When paying by using a yellow cheque, the client’s name and date of birth, and the case type i.e. “Residence Permit Appeal” are to be indicated in the “comment” box.

If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:

Invoice request on payment of procedural fee

 

FORMS

The application shall be submitted with the form “Application for Residence Permit” and Appendix 10 completed and printed.

If the applicant is travelling together with his/her minor child, shown in his/her passport, Appendix “A” must be completed and enclosed with the application.

 

Forms optimised for Microsoft Word to be completed electronically:

-          Application for Residence Permit and Appendix 10

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

Forms available for downloading in PDF format, to be filled out manually:

-          Application for Residence Permit and Appendix 10

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

 

MANDATORY ENCLOSURES

DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE

• if the purpose of entry is to maintain family ties, family relationship may be verified by the appropriate document (e.g. registrar certificate);
• if the purpose of entry is the pursuit of studies, the purpose of residence may be verified by a certificate of admission from the relevant educational institution;
• if the visa is requested for the purpose of pursuing activities to preserve and maintain the Hungarian language, or activities intended to preserve cultural and national identity, the applicant is to give account of his/her command of the Hungarian language, and regarding his/her dedication to Hungarian culture by completing the visa application in Hungarian and/or in the course of personal interview, and shall present his/her Hungarian Nationality Card, or provide proof of membership in an organisation committed to Hungarian culture.

 

DOCUMENTS IN PROOF OF MEANS OF SUBSISTENCE IN HUNGARY

A third-country national is considered to have sufficient resources to cover his/her subsistence for residence for a stay exceeding ninety days within a one hundred and eighty day period if his/her lawful income or assets or his/her family member’s income or assets is sufficient to cover their living expenses, including accommodation, return travel, and if necessary, healthcare.

The requirement of subsistence may, in particular, be verified by:

• funds held on bank accounts;
• a certificate issued by the employer and/or tax authority as proof of regular income received from abroad;
• other documents.

 

DOCUMENTS PROVING THE EXISTENCE OF HUNGARIAN ACCOMMODATION

The place of Hungarian accommodation must be a property shown in the real estate register as a residential building or detached house, or any similar property suitable for habitation (minimum 6 square meters of living space per person) or a commercial or other accommodation deemed appropriate by law.

Compliance with the requirement of accommodation in Hungary may be verified by:

• a residential lease contract in proof of the rental of a residence;
• a document on accommodation by courtesy;
• a document in proof of ownership of the residential property, in the form of abstract of title issued within 30 days to date;
• a valid letter of invitation with an official certificate affixed;
• documentary evidence to verify the reservation of accommodation and payment;
• a notarised statement made by a family member with the right of residence in Hungary as holding a long-term visa or residence permit, with immigrant or permanent resident status, holding a residence card or a permanent residence card in accordance with specific other legislation, or with refugee status, promising a place of abode to the applicant; or
• a real estate sales contract and a copy of the decision of the competent Budapest or county government agency granting permission for the acquisition of a real estate property;
• other documents.

 

DOCUMENTS PROVING THE EXISTENCE OF COMPREHENSIVE HEALTH INSURANCE

Enclosed with the application for residence permit the applicant shall provide proof of having access to comprehensive health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement), or that he/she has the necessary financial resources to cover the costs of such services.

 

DOCUMENTS EVIDENCING THE CONDITIONS OF EXIT

The conditions of exit may be verified by:

• a valid passport or the permits necessary for the third-country national for returning to his/her country of origin, or to the country he/she indicates;
• a valid ticket for departure, or sufficient funds to purchase such a ticket, or a means of transport lawfully used by the third-country national.

Enclosed with the application the third-country national is required to provide a statement undertaking the commitment of voluntary departure from the territory of the Member States of the European Union if the application is refused.

During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case, and may take further procedural steps as well. The administrative time limit shall not include the length of time between the receipt of the notice for remedying deficiencies until the time of compliance.

After the application is submitted the applicant or his/her representative shall be able attach documents by way of post or electronically.

 

VALIDITY PERIOD

The validity period of national visa is maximum five years.

The validity period for a national residence permit is maximum 5 years, and it may be extended by maximum 5 additional years at a time.

The validity period of the national visa and residence permit shall be set in consideration of the date of expiry of the passport. The period of stay is to be determined ascertaining that the travel document must be valid for at least 3 additional months beyond the date of expiry of the residence permit.

 

ACCRUED RIGHTS AND OBLIGATIONS

• A third-country national holding a valid residence permit has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one hundred and eighty day period.

• Please note that the national long-term visa and the national residence permit does not constitute an entitlement to engage in gainful employment, or to pursue studies or participating in an advanced scientific training program. If you plan to engage in gainful employment, or if you have enrolled at a secondary or higher educational institution, a residence permit has to be obtained for such new purpose at the regional directorate of the Immigration and Asylum Office responsible for the place where the place of accommodation is located.

• Third-country nationals shall retain the duplicate copy of the accommodation registration form in proof of compliance with the registration requirement. Third-country nationals are required to safeguard the confirmation slip received upon notification of the place of accommodation and to carry it on their person at all times. When relocating, third-country nationals shall notify the regional directorate of jurisdiction by reference to the place where the new place of lodging is located within three days.

• Third-country nationals holding a residence permit shall report the birth of a child – who is also a third-country national – in the territory of Hungary and shall simultaneously supply the following information:
- the natural identification data of the child as provided for by law;
- particulars of the child’s travel document;
- address of the child’s place of accommodation or home address.

• Third-country nationals are obliged to report without delay to the immigration authority [the regional directorate of the Immigration and Asylum Office, any police station, or the competent Hungarian diplomatic or consular mission when staying abroad] if their travel document or residence permit is lost, stolen or destroyed. The immigration authority shall confirm receipt of such report in writing. The immigration authority shall be immediately notified in the event that a travel document, which was presumed lost and reported as such, is found subsequently.

 

Residence Card for Third-country National Family Member of Hungarian Citizen

Please note that the procedural rules relating to the residence the family member of a Hungarian citizens have changed with effect from 1 January 2018.

ELIGIBILITY

A residence card may be issued to a family member who is a third-country national accompanying a Hungarian citizen or joining a Hungarian citizen.

The competent immigration authority may grant the right of residence to persons on the grounds of family reunification, who had been dependants or members of the household of a Hungarian citizen, or who require the personal care of a Hungarian citizen due to serious health reasons.

The competent immigration authority shall – upon the guardian authority’s request – ex officio grant the right of residence to a minor child who is a dependant or member of the household of a Hungarian citizen, if the child was born in Hungary, his/her nationality is unknown and there is no parent who has parental custody over the child in question.

Family member:

·         the spouse of a Hungarian citizen;

·         the direct descendants of a Hungarian citizen and those of the spouse of a Hungarian citizen who are under the age of 21 years or are dependants;

·         the direct relatives in the ascending line of a Hungarian citizen and those of the spouse of a Hungarian citizen;

·         the person who has parental custody of a minor child who is a Hungarian citizen;

·         the partner with whom the Hungarian citizen has contracted a registered partnership before the relevant Hungarian authority or the authority of another Member State of the European Union;

·         any person whose entry and residence has been authorised by the competent immigration authority on grounds of family reunification.

 

DEFINITIONS

Third-country national

Stateless person

Household

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

Requirements: the completed form, facial photograph made not more than three months previously, and the prescribed enclosures, payment of the procedural fee.

Please note that when submitting the application the applicant is required to appear before the authority in person, except if unable to appear due to his/her health condition.

If the applicant is a minor of limited capacity or if incompetent, the application may be submitted by the applicant’s legal representative in his/her stead. If the minor client has reached the age of six at the time the application is submitted, he/she shall be required to appear in person when the application is submitted. The responsibility for ascertaining the minor’s physical presence before the immigration authority lies with the legal representative.

When the application is submitted, the applicant’s facial likeness and – over the age of six years – fingerprint will be taken for the residence permit issued with biometric data. The third-country national affected is obliged to abide by, and perforce tolerate, that procedure.

The application for residence card has to be submitted at the latest on the ninety-third day from the time of entry or from the date of occurrence of the fact underlying the right of residence, at the regional directorate responsible for the place where the applicant’s future residence is located.
The applicant is required to present his/her valid travel document when the application is submitted, including the documents evidencing the family relationships, or that he/she has the right of residence exceeding ninety days within a one hundred and eighty day period.

If the applicant is a family member of a Hungarian citizen, the administrative service fee charged for the issue of a residence card is HUF 10,000.

The costs of the procedure is payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate). In respect of yellow cheques, in the “comment” box the client’s name and date of birth, and the case type “Application for residence card” shall be indicated.

If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:

Invoice request on payment of procedural fee

 

The regional directorate shall rule the application for a residence card within 70 days.

The competent immigration authority shall deliver the residence permit document to the applicant by way of post.

 

In case of refusal the applicant may appeal the decision submitted to the authority of first instance within 15 days after the decision was delivered. If the appeal is lodged in delay or if made by a person other than the party entitled to do so, and if the applicant introduces any new evidence in the appeal, of which he/she was aware before the decision was adopted, or if the appeal is lodged without showing cause, the authority of first instance shall dismiss the appeal without any examination as to merits. The administrative service fee charged for the appeal certificate is HUF 5,500, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate). In the “comment” box the client’s name and date of birth, and the case type “Residence Card Appeal” shall be indicated.

If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:

Invoice request on payment of procedural fee

 

FORMS

The application shall be submitted with the following forms completed and printed.

Forms optimised for Microsoft Word to be completed electronically:

-          Issue, Renewal of Residence Card, Notification of First Place of Residence Form

-          Declaration of Support

-          Application for Replacement Residence Card

-          Application for Substitute Residence Card

 

Forms available for downloading in PDF format, to be filled out manually:

-          Issue, Renewal of Residence Card, Notification of First Place of Residence Form

-          Declaration of Support

-          Application for Replacement Residence Card

-          Application for Substitute Residence Card

 

ANNEXES

Documents in proof of family ties:

·        birth certificate;

·        marriage certificate;

·        registrar certificate in proof of registered partnership status;

·        adoption document;

·        any other document credibly attesting the existence of family relationship.

A marriage certificate submitted by a family member who is a third-country national of a Hungarian citizen may be accepted after being recorded in the Hungarian registry.

Please note that an authentic instrument made out abroad, and any private document certified by a foreign court, administrative body, notary public or any other person vested with authority to issue authentic documents shall – unless any law pertaining to the case in question, an international agreement or the principle of reciprocity suggests otherwise – be considered affirmative proof according to Hungarian law if endorsed by the Hungarian diplomatic or consular mission in the country where it was issued. Any instrument made out in a language other than Hungarian shall be accepted only with the official Hungarian translation attached, unless otherwise prescribed by an act. The competent authority may accept the authentic instrument submitted by the applicant that was made out abroad without an official Hungarian translation and without diplomatic recertification.

 

DOCUMENTS IN PROOF OF SUFFICIENT FINANCIAL RESOURCES

The third-country national family members of a Hungarian citizen who is engaged in gainful employment shall have the right of residence exceeding ninety days within a one hundred and eighty day period.

The right of residence exceeding ninety days within a one hundred and eighty day period also apply to the family members of a Hungarian citizen if:

·         they have sufficient resources for themselves or the Hungarian citizen has sufficient resources for such family members not to become an unreasonable burden on the social assistance system of Hungary during their period of residence; and

·         they have comprehensive sickness insurance cover for healthcare services as prescribed in specific other legislation, or if they assure that they have sufficient resources for themselves and their family members for such services as required by statutory provisions.

The right of residence exceeding ninety days within a one hundred and eighty day period may be granted to a person who exercises parental custody of a minor child who is a Hungarian citizen also in the absence of the requirements set out by law.

The availability of sufficient resources can be evidenced in particular with:

·         a document in proof of gainful employment (e.g. contract of employment, certificate of income issued by the employer, tax authority certificate, minutes of a members’ meeting to evidence income earned as a managing director);

·         account balance statement made out to his/her own name or to the family member’s name, bank statement of transactions.

 

DOCUMENTS PROVING THE EXISTENCE OF HEALTH INSURANCE

The Hungarian citizen’s family member’s access to health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement) throughout his/her stay in Hungary must be verified by the relevant documents, or that he/she has the financial resources to cover the costs of such services.

 

REGISTRATION OF THE FIRST RESIDENCE IN HUNGARY

The first residence in Hungary shall be reported in the course of the proceedings for the issue of the residence card. The right of disposal with respect to the residential property must be verified to the immigration authority by means of documentary evidence.

Residence may be verified in particular with:

·        a residential lease contract in proof of the rental of a residence;

·        a document on accommodation by courtesy;

·        a document in proof of ownership of the residential property, by means of a certified copy of title deed issued within 30 days to date;

·        other reliable means.

During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case, and may take further procedural steps as well. The administrative time limit shall not include the length of time between the receipt of the notice for remedying deficiencies until the time of compliance.

After the application is submitted the applicant or his/her representative shall be able attach documents by way of post or electronically. Under special circumstances the applicant may submit requisite documents to the competent immigration authority in person as well, however, such circumstances must be justified.

 

VALIDITY PERIOD

The validity period for the residence card of third-country national family members of Hungarian citizens is five years.

The competent immigration authority shall deliver the residence permit document to the applicant by way of post.

 

ACCRUED RIGHTS AND OBLIGATIONS

In case the statutory conditions are satisfied and the regional directorate issues a residence card, the Budapest Főváros Kormányhivatal (Government Agency of the City of Budapest) takes measures for the issue of an official address card (address card). After receiving the address card, the applicant has to report any changes in his/her residence at the district office competent on the basis of the residence or the habitual residence to be reported.

The official address card has to be kept together with the residence card, and has to be surrendered to the duly empowered authority upon request.

A third-country national holding a valid residence card has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one hundred and eighty day period.

Family members, whose travel document, personal identification document, or document evidencing his/her right of residence is lost, stolen or destroyed shall report it to the immigration authority [regional directorate of the Immigration and Asylum Office, or any police station], as well as if any such document that was presumed lost and reported as such is found subsequently.

Unless otherwise provided by international agreement, a family member who is a third-country national whose travel document is lost, stolen or destroyed is required to obtain a replacement travel document. Such family member who is a third-country national shall be allowed to leave the country only in possession of the new travel document and certificate of the notification issued based on the report submitted to the authority as referred to above.

EEA nationals and their family members exercising the right of residence exceeding ninety days within a one hundred and eighty day period shall report to the regional directorate, with personal data included:

·        the death of a family member in their household;

·        change of name,

·        if the death or change of name occurred outside the territory of Hungary.

Any change concerning the right of residence due to the death of the Hungarian citizen, the dissolution or annulment of the marriage with the Hungarian citizen has to be reported by the family member to the regional directorate competent on the basis of his/her residence with proof of compliance with the conditions of further stay. The family member shall report the termination of his/her family relationship underlying his/her right of residence.

Family members may notify the regional directorate responsible for the place where the applicant’s residence is located when they no longer wish to exercise their right of residence, or if they intend to leave the territory of Hungary permanently, including the country of next habitual residence, and may turn in the document evidencing their right of residence.

 

Residence Permit for the Purpose of Research

ELIGIBILITY

Researcher: a third-country national who holds a doctoral degree or an appropriate higher education qualification which gives that third-country national access to doctoral programs, who entered the territory of a Member State and is staying there, and who is selected by a research organisation for carrying out a research activity for which such qualification is normally required.

 

A 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

• 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.

 

A residence permit for the purpose of research may not be issued:

·         to any third-country national who has applied for refugee status to the refugee authority, or who requested any subsidiary form of protection or temporary protection from the refugee authority;

·         to any person who has been granted refugee status, or any subsidiary form of protection or temporary protection in Hungary;

·         to exiles;

·         to any third-country national whose expulsion has been suspended for reasons of fact or of law;

·         to any person authorised under specific other legislation to exercise the right of free movement and residence;

·         to any third-country national holding an EC permanent residence permit certifying long-term residence status granted by any Member State of the European Union;

·         to third-country nationals who come to the Union as trainee employees in the context of an intra-corporate transfer;

·         to third-country nationals who are admitted to the Union for the purpose of employment as highly qualified workers.

 

DEFINITIONS

Third-country national

 

Research organisation

 

Stateless person

 

Single permit

 

Single application procedure

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

Requirements: the completed form, facial photograph taken not more than three months prior to date, the mandatory enclosures, and payment of the procedural fee.

 

When the application is submitted, the applicant’s facial likeness and fingerprint will be taken for the residence permit issued with biometric data. The third-country national is obliged to abide by, and perforce tolerate, that procedure.

 

Except as provided for by law, an application for residence permit may be submitted to any consulate officer of Hungary, or at any other place authorised to accept applications for residence permit located in the country where the applicant’s permanent or temporary residence is located, or in the country of the applicant’s nationality. Third-country nationals may apply for an entry visa for receiving a residence permit before admission to the country in the application for residence permit, without having to lodge a separate application.

 

If the decision of the regional directorate is in favour of the application for residence permit, it shall constitute approval for the issue of an entry visa for receiving a residence permit, of which the competent consulate officer shall be notified. The entry visa for receiving a residence permit shall be issued by the competent consulate officer based on the regional directorate’s decision.

 

Moreover, please note that D visas for entitlement to receive a residence permit issued to third-country nationals are single-entry visas authorising a stay of not more than 30 days,

 

Apart from the submission of applications for issuing a residence permit at Hungarian diplomatic mission as a general rule, Hungarian law also provides for the possibility of submitting such applications in Hungary as well. Third-country nationals residing in the territory of Hungary may submit an application for residence permit at the regional directorate responsible for the place where the place of accommodation of the third-country national is located if there are special circumstances to justify the submission of the application in Hungary, or if legally residing in the territory of Hungary as a national of the States listed in Annex II of Regulation (EU) 2018/1806 of the European Parliament and of the Council, or together with such third-country national in the capacity of a family member. The special circumstance referred to above shall, in particular, cover any event related to medical treatment, family reunification or occupational activity that has occurred for reasons beyond the third-country national’s control, and that prevents the submission of the application at a place in accordance with the general provisions set out by law. An application for issuing a residence permit on the grounds of special circumstances may be submitted only in person to the authority of first instance competent for the place of accommodation.

 

A third-country national of a visa-free country, legally residing in Hungary without a visa can submit an application for a residence permit electronically upon registration on the electronic platform of the immigration authority for procedure initiation. Please, click here for detailed information on the electronic procedure.

 

 

Applications for the issue or extension of residence permit for the purpose of research are examined by the competent authority within the framework of a single application procedure. In the single application procedure the regional directorate shall issue the single permit without contacting the government agency responsible for the place of employment, as specialist authority, if other statutory provisions are satisfied and if the third-country national

 

·        being 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;

 

·        being a researcher carrying out research in Hungary under a hosting agreement concluded with a research organisation accredited according to the Government Decree on the Accreditation of Research Organisations Hosting Researchers Who Are Third-country Nationals, and on Hosting Agreements;

 

Please, click here to access detailed information on the single application procedure.

 

The application for extension of the residence permit shall be submitted 30 days before it expires at the latest electronically upon registration on the electronic platform of the immigration authority for procedure initiation. If the purpose of residence of a third-country national is research, the validity period of his/her travel document needs to cover only the permitted duration of residence.

 

Please note that an application submitted electronically is deemed to have been received by the authority if the administrative service fee has been paid. Furthermore, it is necessary to appear before the competent regional directorate within 15 days of the confirmation of receipt in order to verify your identity, to take your biometric data and a specimen signature, and to have your documents recognised.

 

The extension of the residence permit may be granted only if the conditions set out in the law are met and the residence of the third-country national has exceeded 90 days within any 180 days prior to the submission of the application for a residence permit.

 

1.    The administrative service fee charged for the procedure for issuing a residence permit is EUR 110, which is to be paid at the diplomatic or consular mission in EUR or in other convertible currency, or in exceptional cases, in the legal tender of the state in which the application is submitted.

2.    The administrative service fee charged for the procedure for the extension of a residence permit is HUF 23,000, if the application is lodged electronically via NDGAP’s electronic procedure initiation platform (Enter Hungary).

3.    The administrative service fee charged for the procedure for issuing a residence permit for a third country national holding the citizenship of a visa-free country, legally residing in Hungary is HUF 24,000 if the application is lodged electronically via NDGAP’s electronic procedure initiation platform (Enter Hungary).

4.    The administrative service fee charged for the submission of an application for the procedure for issuing a residence permit on the grounds of special circumstances, accompanied by a petition for equitable consideration is HUF 39,000 if submitted in person within the territory of Hungary.

 

The administrative service fee is to be paid by way of an electronic payment instrument (bank card). In case of submission of an application for the procedure for issuing a residence permit on the grounds of special circumstances accompanied by a petition for equitable consideration submitted in person within the territory of Hungary the administrative service fee is to be paid by way of an electronic payment instrument (bank card) or in the form of a bank deposit (using the cheque supplied by the regional directorate).

 

Invoice request on payment of procedural fee

 

The administrative time limit in proceedings opened for determining an application is 15 days. In the proceedings for the issue of a residence permit for the purpose of research the regional directorate shall adopt a decision on the merits within 60 days from the date of submission of the application.

 

The competent immigration authority shall deliver the document evidencing right of residence to the applicant by way of post. The applicant may collect the residence permit document at the competent immigration authority in person if able to evidence that he/she is not in a position to receive the residence permit document at the mailing address given, however, he/she is required to prove such circumstances.

 

In case of a refusal, the decision may be appealed within 8 days after the decision was delivered and the appeal is to be submitted before the authority of first instance or the diplomatic or consular mission where the application was submitted. If the appeal is submitted after the deadline or if made by a person other than the persons entitled to submit an appeal against the decision in the applicant’s case, and if the applicant introduces any new evidence in the appeal, of which he/she was aware before the decision was adopted, or if the appeal is lodged without showing cause, the authority of first instance shall dismiss the appeal without any examination as to merits.

 

The administrative service fee charged for an appeal submitted at a diplomatic or consular mission is EUR 160, which is to be paid in Euros or in other convertible currency, or in exceptional cases, in the legal tender of the state in which the application for an appeal is submitted. In case of submissions within the territory of Hungary, the administrative service fee charged for an appeal is HUF 47,000, which is to be paid by way of an electronic payment instrument (bank card) or in the form of a bank deposit (using the cheque supplied by the regional directorate). When paying by using a yellow cheque, the client’s name and date of birth, and the case type i.e. “Residence Permit Appeal” are to be indicated in the “comment” box.

 

If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:

 

Invoice request on payment of procedural fee

 

FORMS

The application shall be submitted with the form “Application for Residence Permit” and Appendix 8 completed.

 

If the applicant is travelling together with his/her minor child, shown in his/her passport, Appendix “A” must be completed and enclosed with the application.

 

Forms optimised for Microsoft Word to be completed electronically:

 

-          Application for Residence Permit and Appendix 8

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

Forms available for downloading in PDF format, to be filled out manually:

 

-          Application for Residence Permit and Appendix 8

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

MANDATORY ENCLOSURES

DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE

The purpose of research may be verified by

 

• a hosting agreement concluded with an accredited research organisation.

 

In the case of persons entering for educational, teaching, scientific, training or advanced training within the framework of an international agreement, international co-operation, or inter-governmental aid program, the purpose of residence may be verified by a certificate made out by the minister in charge of education or the higher educational institution.

 

Persons entering for educational, teaching or scientific purposes, of for training or advanced training within the framework of an international agreement, international co-operation, or inter-governmental aid program are entitled to a residence permit for official purposes if they have a long-term visa for official purposes.

 

DOCUMENTS IN PROOF OF MEANS OF SUBSISTENCE IN HUNGARY

 

A third-country national is considered to have sufficient resources to cover his/her subsistence for residence exceeding ninety days within a one hundred and eighty day period if his/her lawful income or assets or his/her family member’s income or assets is sufficient to cover their living expenses, including accommodation, return travel, and if necessary, healthcare.

 

In proceedings for the issue of residence permits, the requirement of subsistence may be verified by the following:

 

·        a statement from a Hungarian or foreign financial institution concerning the applicant’s bank account;

·        an income certificate issued by the tax authority for the previous year;

·        an income certificate issued by the employer;

·        a certificate issued by the employer and/or tax authority as proof of regular income received from abroad;

·          other reliable means.

 

NOTIFICATION OF GENUINE HUNGARIAN HOME ADDRESS

 

Applicants of residence permits for the purpose of research are required to indicate in the application form a genuine Hungarian address as a place of accommodation. For the notification no separate document is required.

 

DOCUMENTS PROVING THE EXISTENCE OF COMPREHENSIVE HEALTH INSURANCE

 

Enclosed with the application for residence permit the applicant shall provide proof of having access to comprehensive health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement), or that he/she has the necessary financial resources to cover the costs of such services.

 

DOCUMENTS EVIDENCING THE CONDITIONS OF EXIT

 

The conditions of exit may be verified by

 

·        a valid passport or the permits necessary for the third-country national for returning to his/her country of origin, or to the country he/she indicates;

·        and a valid ticket for departure, or sufficient funds to purchase such a ticket, or a means of transport lawfully used by the third-country national.

 

Enclosed with the application the third-country national is required to provide a statement undertaking the commitment of voluntary departure from the territory of the Member States of the European Union if the application is refused.

 

During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case, and may take further procedural steps as well. The administrative time limit shall not include the length of time between the receipt of the notice for remedying deficiencies until the time of compliance.

 

After the application is submitted the applicant or his/her representative shall be able attach documents by way of post or electronically. In case the application has been submitted electronically, the notification for remedying deficiencies and the provision of missing documents will be carried out electronically as well.

 

 

VALIDITY PERIOD

The validity period for a residence permit for the purposes of research is minimum one and maximum five years, if the validity period of the hosting agreement is less than one year it shall correspond to the validity period of the hosting agreement. The validity period of a residence permit for the purpose of research may be extended by a period corresponding to the duration of the hosting agreement, not exceeding two years at a time.

 

The validity period of the residence permit shall be set in consideration of the date of expiry of the passport. Where the purpose of residence of a third-country national is research, the validity period of his/her travel document need to cover only the authorised duration of residence.

                                                                                             

ACCRUED RIGHTS AND OBLIGATIONS

• A third-country national holding a valid residence permit has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one hundred and eighty day period.

 

• Third-country nationals shall certify the fact of registering the place of accommodation with the proof of registration received upon notification of the place of accommodation. Third-country nationals are required to retain the proof of registration and to carry it at all times. When relocating, third-country nationals shall notify the immigration authority electronically upon registration on the electronic platform of the immigration authority for procedure initiation within three days.

 

• Third-country nationals holding a residence permit shall report the birth of a child – who is also a third-country national – in the territory of Hungary and shall simultaneously supply the following information:

-         the natural identification data of the child as provided for by law;

-         particulars of the child’s travel document;

-         address of the child’s place of accommodation or home address.

 

• Third-country nationals are obliged to report without delay to the immigration authority [the regional directorate of the National Directorate-General for Aliens Policing, any police station, or the competent Hungarian diplomatic or consular mission when staying abroad] if their travel document or residence permit is lost, stolen or destroyed. The immigration authority shall confirm receipt of such report in writing. The immigration authority shall be immediately notified in the event that a travel document, which was presumed lost and reported as such, is found subsequently.

 

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ANNOUNCEMENTS

As it was specified by law the official decisions, which procedures started after 1 November 2005, are announced on the website of the Office of Immigration and Nationality. If there is no result with the provided data in the search engine below, please click on the HIRDETMENY link, and repeat the search on the interface that appears.

HIRDETMENY

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Dear Clients and Visitors,

 

Please be informed that you may request the issuance of your residence permit under transitional provisions of the new aliens policing legislation on the admission and residence of third-country nationals for one of the legal titles as per the new aliens policing legislation if you are a holder of a valid residence permit under the previous legislation. Please note that only applications for the issuance of a residence permit may be submitted in person or via the Enter Hungary system. The extension of a residence permit is not allowed under the transitional rules. An application for the issuance of a residence permit may be submitted 45 days before the date of expiry of the residence permit the soonest. In case of residence permits expiring between 1 March 2024 and 1 April 2024, an application for the issuance of a residence permit is to be submitted the latest on the last day within the validity period of the residence permit concerned.   

 

For further information in detail, please click on the link below: 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 (gov.hu)

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