Bevándorlási és Állampolgársági Hivatal

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CONTENT

Please note that the procedural rules relating to the issue of residence permits have changed with effect from 1 January 2018.

ELIGIBILITY

At this time only the citizens of New Zealand, Thailand, Australia and Japan are eligible for temporary residence permit.

New Zealand nationals may apply for temporary residence permit on the basis of Act LIV of 2012. The applicable law is available in Hungarian and English at the link below:

http://njt.hu/cgi_bin/njt_doc.cgi?docid=148874.240856

 

Korean nationals may apply for temporary residence permit on the basis of Act LXIV of 2013. The applicable law is available in Hungarian and English at the link below:

http://njt.hu/cgi_bin/njt_doc.cgi?docid=160793.246405

 

Nationals of Thailand may apply for temporary residence permit on the basis of Act LIII of 2014. The applicable law is available in Hungarian and English at the link below:

http://njt.hu/cgi_bin/njt_doc.cgi?docid=172257.288051

 

Australian nationals may apply for temporary residence permit on the basis of Act XCVIII of 2016. The applicable law is available in Hungarian and English at the link below:

http://njt.hu/cgi_bin/njt_doc.cgi?docid=197928.333410

 

Japanese nationals may apply for temporary residence permit on the basis of Act XXXIV of 2017. The applicable law is available in Hungarian and English at the link below:

http://njt.hu/cgi_bin/njt_doc.cgi?docid=201936.340482

 

Chilean nationals may apply for temporary residence permit on the basis of Act LXXXI of 2017. The applicable law is available in Hungarian and English at the link below:

http://njt.hu/cgi_bin/njt_doc.cgi?docid=202633.342030

 

A temporary residence permit may be issued to a third-country national:

• who fulfils the conditions specified in the Arrangement for the operation of a Working Holiday Scheme, and is able to evidence such fulfilment by the relevant documents;

• who is not subject to expulsion or exclusion, and is not considered to be a threat to public security or public health, or to the national security of Hungary; and

• for whom an alert has not been issued in the SIS for the purposes of refusing entry and residence.

The number of temporary residence permits issued per annum may not exceed the limit set out in the relevant international agreement.

 

DEFINITIONS

Third-country national

Stateless person

 

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.

 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.

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, therefore we recommend to visit the regional directorate of the Immigration and Asylum Office responsible for the place where their future accommodation is located as soon as possible after entering Hungary in order to receive the temporary residence permit and register such Hungarian accommodation.

 Apart from the submission of applications for 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 submission of the application in Hungary, or if the purpose of stay exceeding ninety days within a one hundred and eighty day period is research or if lawfully residing in the territory of Hungary as a national of the States listed in Annex II of Council Regulation 539/2001/EC, 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 to have the application submitted at a place normally prescribed under general provisions set out by law.

The administrative service fee charged for the procedure for issuing a residence permit is EUR 60, payable at the diplomatic mission of Hungary primarily in EUR or other convertible currency, or in exceptional cases in the legal tender of the State where the application is submitted. The administrative service fee charged for the procedure is HUF 18,000 if submitted in Hungary.

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 Temporary Residence Permit” 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 competent authority shall adopt a decision on residence permits within 21 days.

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 refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of the first instance, or at the Hungarian diplomatic or consular mission where the application was submitted. 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 for the appeal is EUR 20 if submitted at a diplomatic or consular mission, payable primarily in EUR or other convertible currency, exceptionally, in the currency of the State where the application is submitted, or HUF 5,500 if submitted in Hungary, 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 “Temporary Residence Permit 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 form “Application for Temporary Permanent Residence Permit” completed and printed.

 

Forms optimised for Microsoft Word to be completed electronically:

-          Application for Temporary Residence Permit

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

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

-          Application for Temporary Residence Permit

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

MANDATORY ENCLOSURES

Fulfilment of the conditions specified in the international agreement must be supported by the relevant documents, hence the appendixes are to be attached in accordance with what is contained in the international agreement of the client’s nationality.

As regards a temporary residence permit the applicant’s main goal is to spend his/her holiday in Hungary, while at the same time, the third-country national may possibly undertake employment or pursue studies, provided that this is permitted under international agreement. The purpose of stay must be substantiated accordingly.

 

Employment may, in particular, be verified by:

• a document evidencing the employment relationship, or a work permit in cases provided for by specific other legislation;

• a personal service contract, contract for professional services or a use contract entered into as a private individual.

 

The pursuit of studies may, in particular, be verified by:

• a certificate of admission from the relevant educational institution;

• a document to verify student status; or

• other reliable means.

 

Where the international agreement contains provisions as to accommodation, maintenance, and healthcare insurance, compliance with these requirements may be verified by the documents indicated below.

 

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.

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

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

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

• 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 to support the applicant, along with a document in proof of the family member’s ability to provide such support; or

• other reliable means.

 

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.

 

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 competent 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 for a temporary residence permit is 1 year, and it is not renewable.

At the time of submission of the application for temporary residence permit, the validity period of the applicant’s travel document must not be less than one year from the date of submission of the application, plus thirty days.

 

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 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 abode is located within three days.


• 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.

 

·         • Other rights and obligations of third-country nationals are laid down in the relevant international agreement.

·         in the case of New Zealand nationals, the applicable law – Act LIV of 2012 – is available in Hungarian and English at the link below:

http://njt.hu/cgi_bin/njt_doc.cgi?docid=148874.240856

 

·         in the case of Korean nationals, the applicable law – Act LXIV of 2013 – is available in Hungarian and English at the link below:

 http://njt.hu/cgi_bin/njt_doc.cgi?docid=160793.246405

 

·         in the case of nationals of Thailand, the applicable law – Act LIII of 2014 – is available in Hungarian and English at the link below:

 http://njt.hu/cgi_bin/njt_doc.cgi?docid=172257.288051

 

·         in the case of Australian nationals, the applicable law – Act XCVIII of 2016 – is available in Hungarian and English at the link below:

http://njt.hu/cgi_bin/njt_doc.cgi?docid=197928.333410

 

·         in the case of Japanese nationals, the applicable law – Act XXXIV of 2017 – is available in Hungarian and English at the link below:

http://njt.hu/cgi_bin/njt_doc.cgi?docid=201936.340482

 

·         in the case of Chilean nationals, the applicable law – Act LXXXI of 2017 – is available in Hungarian and English at the link below:

http://njt.hu/cgi_bin/njt_doc.cgi?docid=202633.342030

 

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