INFORMATION NOTE
Transitional provisions concerning the entry into force of Act XC of 2023 on General Rules for the Admission and Right of Residence of Third-country Nationals
Important information about the validity of residence permits issued prior to the entry into force on 1 January 2024 of the new legislation, Act XC of 2023 on the general rules for the entry and residence of third-country nationals (hereinafter: Act XC of 2023), and about the procedures not yet concluded for applications submitted before 1 January 2024, can be found below.
I. Validity of residence permits
• The visa, residence permit, temporary residence certificate, immigration permit, permanent residence permit, interim/ national or EC permanent residence permit and the travel document issued before 1 January 2024 entitles the holder to reside within the validity period.
• If the residence or permanent residence permit expires between 1 January 2024 and 29 February2024, its validity extends until 30 April2024, therefore it shall be considered as if it had originally been issued with a validity period of 30 April2024.
II. Submission of first application under Act XC of 2023 for holders of residence permits valid on 1 January 2024
If you were a holder of a valid residence permit in Hungary on 1 January 2024, you can apply for the issuance of a residence permit under one of the legal titles provided for in Act XC of 2023. When submitting the application, the administrative service fee for issuing the residence permit shall be paid.
It is recommended to consult the information leaflets on the website and at the client service for each residence title and their conditions.
The application can be submitted 45 days before the expiry date of the residence permit at the least. An exception to this rule is if application for a new residence permit is needed due to a change in employment conditions.
Please note that due to the late submission of the application for a residence permit, a request for verification cannot be submitted beyond the period of validity of the residence permit.
If you are in Hungary, you can only submit your application electronically via the "Enter Hungary" platform.
The period of validity of the residence permit document provided for in Act XC of 2023 shall be deemed to begin with the application for a residence permit submitted under the new legislation, after 1 January 2024. This means that the maximum length of stay for a given purpose of stay in Act XC of 2023 will not include the length of your previous stay.
The following residence permits are exceptions to the calculation of the validity period above:
• residence permit for seasonal employment,
• residence permit for intra-corporate transfer,
• White Card,
• residence permit for the purpose of studies
• the residence permit for the purpose of seeking a job or starting a business,
• the temporary residence permit,
• residence permit for the purpose of voluntary service,
• the mobility certificate,
• mobility residence permit.
If you have one of the listed residence permits, the authority will also take into account the length of stay provided by your previous permit(s). Your application can therefore only be granted if the validity period of the residence permit to be issued under Act XC of 2023 does not exceed the total duration of your stay in Hungary, taking into account your previous residence permits.
III. What should be done if your residence permit expires between 1 March 2024 and 1 April 2024?
If your residence permit expires between 1 March and 1 April 2024, you must submit your application for the issuance of a residence permit no later than the last day of the period of validity of your residence permit.
IV. What should be done if you have a residence permit on 1 January 2024 issued for a purpose that is not listed in Act XC of 2023, and still wish to stay in Hungary?
In this case, you must make sure that the activity for which you are staying in Hungary complies with one of the purposes of residence regulated by Act XC of 2023.
a) If you have a residence permit for the purpose of gainful activity, you can apply for a residence permit for guest self-employment.
b) If you have a residence permit for the purpose of employment, you can apply for the issuance of a residence permit under the following legal titles of Act XC of 2023 entitling you to work:
• residence permit for employment purposes
• guest worker residence permit
• Hungarian card
• EU Blue Card
• National Card
Among these, you should apply for the type of permit that is subject to conditions based on your employment or your citizenship. The conditions for each purpose can be found by clicking on the name of the type of permit.
c) If none of the residence purposes regulated in the Act XC of 2023 correspond to your activities in Hungary, you may only apply for a residence permit if your stay in Hungary is of national interest.
National interest can be: Hungary's economic, national political, scientific, cultural or sports interest. The existence of the national interest must be proven by a certificate.
If this is the case for you, you can submit an application for the issuance of a residence permit issued in the national interest, which you can read in detail here.
We would like to draw your attention to the fact that during the procedure, the minister responsible for national policy issues an expert opinion on the existence of the national political interest.
Regarding the existence of Hungary's economic, scientific, cultural and sports interests, the Board appointed by the Government Decree gives an opinion, which; however, does not bind the minister responsible for aliens policing and asylum affairs who makes the decision.
Please note that it is not possible to assess individual circumstances in the case.
d) If your stay in Hungary does not correspond to any of the purposes of residence regulated in Act XC of 2023, and there is no national interest in your case, then it is not possible to issue a residence permit, and you must leave Hungary no later than date of expiry of your residence permit.
V. What should be done if you have a residence permit for the purpose of family reunification valid on 1 January 2024, if you have a pending application for a residence permit for the purpose of family reunification on 1 January 2024, or if you want to join a family member with a residence permit in Hungary for the purpose of family reunification after 1 January 2024?
a) If you hold a valid residence permit for the purpose of family reunification on 1 January 2024, or if you have a pending aliens policing procedure based on an application for a residence permit for the purpose of family reunification on 1 January 2024 and receive the respective permit after 1 March 2024, you have the rights and obligations of family reunification under Act XC of 2023.
A residence permit for the purpose of family reunification may also be extended under Act XC of 2023 if your family member – with whom you wish to continue to reside in Hungary – has a residence permit for a purpose for which a family reunification permit could not be applied under the new legislation. In this case, you must submit an application for the extension of your residence permit and pay the administrative service fee for the extension.
In this case; however, a declaration must be made – in case of a minor, through the legal representative – that if your family member's residence permit becomes invalid, you will voluntarily leave the territory of the Member States of the European Union and other Schengen States within 8 days of the invalidation.
b) If, after 1 January 2024, you wish to join a family member for the purpose of family reunification who holds a residence permit issued under the previous legislation, Act II of 2007 on the Entry and Residence of Third-Country Nationals (hereinafter: Act II of 2007), the residence permit for the purpose of family reunification shall be issued in accordance with the Act II of 2007 and shall be subject to the rules of the Act II of 2007.
If you will be granted a residence permit issued for the purpose of family reunification based on this, you have the rights and obligations related to residence for the purpose of family reunification under Act XC of 2023. Your residence permit for the purpose of family reunification may be extended even if your family member – whom you wish to continue residing with – is a holder of a residence which application for a residence permit for the purpose of family reunification is not available under Act XC of 2023. In such a case, you are required to submit a declaration – via a legal representative in case of a minor – stating that you undertake voluntary leave from the territory of the European Union and other Schengen Member States within 8 days from the date of invalidation if the residence permit of your family member becomes invalid.
VI. Applications for visas and residence permits submitted before 1 January 2024 and not yet processed?
In the case of an application for a visa and residence permit submitted before 1 January 2024 for which no final decision has been made, the provisions of Act II of 2007 and in the case of a repeated application the provisions of the new legislation, Act XC of 2023 shall apply.
VII. Examination of applications for permanent residence submitted before 1 January 2024 which have not yet been decided, and of applications for the replacement and substitution of documents submitted afterwards (after 1 January 2024)
The provisions of Act II of 2007 and Act I of 2007 (Act on the Entry and Residence of Persons with the Right of Free Movement and Residence) shall apply in the procedure or in the repeated procedure concerning a national permanent residence permit or an EC permanent residence permit submitted before 1 January 2024.
If the application for the issuance and extension of an interim, national or EC permanent residence permit pending on 1 January 2024 is approved, an interim, national and EU residence card document shall be issued.
In case of replacement or substitution of the interim, national and EC permanent residence permit submitted after 1 January 2024, an interim, national and EU permanent residence card document must be issued.
VIII. Assessment of applications for statelessness submitted before 1 January 2024 and not yet concluded
The provisions of Act II of 2007 shall apply to the procedure for the determination of statelessness submitted before 1 January 2024, which has not been finally decided, or to the repeated procedure.
