Bevándorlási és Állampolgársági Hivatal

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CONTENT

Residence Permit for the Purpose of Study

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

ELIGIBILITY

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

-          who has been admitted to or accepted by a public education institution registered in the public education information system for pursuing full-time course of study in the regular school system or in daytime courses of study under a student relationship in Hungary; or

-          who is pursuing full-time education and training in a State-recognised institution of higher education or a foreign higher education institution authorised to operate in the territory of Hungary in daytime courses of study; and/or

-          who seeking residence in Hungary so as to attend a course in a higher education institution, which may cover a preparatory course prior to such education; and

-          who is able to verify the linguistic knowledge required for the pursuit of studies;

-          who is able to evidence that public education fees or the fees charged by the higher education institution have been paid;

-          who has a valid travel document;

-          who is in possession of the necessary permits for return or continued travel;

-          who is able to verify the purpose of his/her entry and residence;

-          who has sufficient means of subsistence and financial resources to cover his/her accommodation costs for the duration of the intended stay and for the return to his/her country of origin or transit to a third country;

-          who has comprehensive healthcare insurance or sufficient financial resources for healthcare services;

-          who is not subject to expulsion or exclusion, he/she is not considered to represent a threat affecting public policy, public security, national security, or public health of Hungary;

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

-          who has notified the address of his/her accommodation in the territory of Hungary.

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

-          to any third-country national who has applied for refugee status at 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

Stateless person

Student

 

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.

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

If the application is submitted at a diplomatic or consular mission, the administrative service fee charged for the procedure for issuing a residence permit is EUR 60, payable at that diplomatic or consular mission 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 fee charged for the extension of a residence permit 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 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 regional directorate shall rule on the application for residence permit for the purpose of study within 15 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 refusal, the decision may be appealed within 8 days of delivery, submitted with 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 “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 Residence Permit” and Appendix 14 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 14

-          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 14

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

MANDATORY ENCLOSURES

DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE

The pursuit of studies, as the purpose of residence, may be verified by:

·        a certificate of admission from the relevant educational institution;

·        a document to verify student status; or

·        other reliable means.

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.

It is important to know that a residence permit issued for the purpose of attending a preparatory course prior to education may be extended for the purpose of pursuing studies only if the third-country national in question is admitted into an institution of higher education accredited in Hungary or a foreign higher education institution authorised to operate in the territory of Hungary following the preparatory course.

Linguistic knowledge may be verified by:

·        a language certificate in proof of language proficiency examination,

·        an official diploma in proof of studies in a foreign language,

·        other reliable means.

Moreover, 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 regulation 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. A document made out in a language other than Hungarian shall be accepted only with the certified Hungarian translation attached, unless otherwise prescribed by any legislation pertaining to the type of case in question.

Payment of public education fees or the fees charged by the higher education institution may be evidenced:

·         by a certificate issued by the tax authority.

The above-specified requirement may be verified by the education establishment in the certificate of student status as well.

 

In the case of extension a statement made out by the education establishment on the applicant’s academic advancement shall also be enclosed. The certificate shall contain information about the number of semesters in the given tertiary training, according to the relevant legislation and to basic academic and examination requirements, the number of active semesters the foreign national has in the training, indicating also the specific semesters in question. That certificate may be incorporated into the certificate of student status issued by the education establishment.

 

In order to check the applicant’s academic advancement the immigration authority may contact the body operating the higher education information system. The requested body shall provide information concerning the third-country national’s academic advancement.

 

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 certificate on the payment of scholarship grant;

·        funds held on bank accounts;

·        other documents;

·        if the third-country national’s residence in Hungary is financed by his/her family member, family relationship is to be verified, together with documentary evidence in proof of such family member’s ability to provide support.

 

NOTIFICATION OF GENUINE HUNGARIAN HOME ADDRESS

Applicants of residence permits for the purpose of studies 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.

Moreover, 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 may be evidenced by a statement executed in a private document representing conclusive evidence or an authentic instrument, with Hungarian or English translation.

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 a residence permit issued for the purpose of study:

·         is at least one year;

·         corresponds to the duration of training, if it is less than one year;

·         may be extended by at least one or at most by two additional years at a time.

The validity period of the residence permit shall be set in consideration of the date of expiry of the passport. However, the validity period of a residence permit issued for the purpose of study may not exceed the validity period of the applicant’s travel document.

 

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.

• A third-country national has the right for the pursuit of a gainful activity and to engage in employment.

If you hold a residence permit for the purpose of pursuing studies:

·        you are not required to obtain a residence permit for the purpose of pursuing a gainful activity or employment during the time of study;

·        no work permit is needed for a foreign national residing in Hungary as a student receiving full-time education, during the period of his/her studies.

Third-country nationals holding a residence permit for the purpose of studies may engage in any full-time occupational activity during their term-time for maximum twenty-four hours weekly, and outside their term-time for a maximum period of ninety days or sixty-six working days in a year.

• 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.

 

WITHDRAWAL OF RESIDENCE PERMIT FOR THE PURPOSE OF STUDY

The issue or renewal of a residence permit for the purpose of studies shall be refused, or an existing permit shall be withdrawn if:

·         the third-country national has disclosed false information or untrue facts to the competent authority in the interest of obtaining the right of residence, or misled the competent authority in respect of the purpose of residence;

·         the third-country national suffers from any disease that is considered to constitute a threat to public health, and refuses to submit to the appropriate compulsory medical treatment, or fails to abide by the Hungarian health regulations while staying in the territory of Hungary;

·         the third-country national is unable to meet the conditions set out by law;

·         the host entity had not been accredited in accordance with specific other legislation;

·         the host entity was established or operates for the main purpose of facilitating the entry of third-country nationals;

·         the host entity’s business is being or has been undergoing liquidation proceedings under insolvency laws or no economic activity is taking place; if the host entity has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;

·         the third-country national would reside for purposes other than those for which he or she applies to be admitted;

·         the third-country national failed to report the particulars of a genuine place of accommodation in Hungary.

The immigration authority may refuse the renewal of a residence permit for the purpose of studies, or may withdraw the permit if the student:

·         does not abide by the legal conditions for the pursuit of gainful employment; or

·         does not obtain the certificate within one and half times the period of time fixed for basic academic and examination requirements.

Please note that if the grounds for refusal in the case of withdrawal or renewal of the residence permit for the purpose of studies exist in light of the fact that:

-          the host entity was established or operates for the main purpose of facilitating the entry of third-country nationals; or

-          where the host entity’s business is being or has been undergoing liquidation proceedings under insolvency laws or no economic activity is taking place; if the host entity has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;

the student shall be allowed to present proof – before the decision is adopted – of pursuing studies in a field analogous with his/her prior studies.

 

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