INFORMATION

on

Residence permit for guest workers

1. 1)Which third-country nationals are eligible to be granted a residence permit for guest workers?

Guest workers

• ·whose purpose of residence is to perform actual work for or under the direction of others, for remuneration, under contract for employment relationship,
• ·whose employer is registered as a preferential employer or a qualified temporary work agency (i.e. lender of labour force),
• ·who are third-country nationals as defined in the Decree by the minister responsible for employment of third-country nationals in Hungary, issued with the approval of the Protection Committee, and
• ·who undertake work under employment not precluded by the Communication by the minister responsible for employment policy.

may be granted a residence permit for guest workers.

Preferential employers are:

• ·strategic partners of the Government of Hungary,
• ·employers who are carrying out an investment of outstanding significance for the national economy of Hungary,
• ·employers who qualify as a partner under the Outstanding Exporter Partnership Programme.

Qualified temporary work agencies (i.e. lenders of labour force) are: employers who are registered in the Registry of qualified temporary work agencies as defined in Government Decree.

Definition of third-country nationals:

• ·Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals or family members of an EEA national, and
• ·stateless persons

qualify as third-country nationals.

1. 2)Where can clients submit their applications?

1. I.Application for the issuance of a residence permit

1. a)Application submission outside of Hungary

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

Your application may also be submitted only outside of Hungary, if you are allowed to enter the territory of Hungary visa free but you were a holder of a residence permit for guest workers, and the validity of your document expired; i.e. you are not applying for the issuance of a residence permit for guest workers for the first time.

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

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

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

1. b)Application submission within the territory of Hungary

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

If you are allowed to enter the territory of Hungary visa free  due to your nationality, and you are not a holder of a residence permit, you may submit an application for the first time issuance of a residence permit for guest workers within the territory of Hungary as well.

You may submit an application in Hungary, as well, if you are a holder of a valid extended residence permit for guest workers, due to which the approved time of residence, maximised in three years by law, is about to expire.  

Please note that in such a case, application submission is only available at least 40 days prior to the date of expiry of the residence permit concerned.

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

Application submission in Hungary is available:

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

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

1. II.Application submission via an employer

Applications for the issuance of a residence permit for guest workers and for the extension of a residence permit for guest workers may also be lodged by an employer, if the concerned employee as applicant gives consent to such a process in a written declaration of consent and

• ·(s)he has not entered the territory of Hungary, or
• ·(s)he has entered the territory of Hungary visa free, is staying legally and is not a holder of a residence permit, or
• ·(s)he is a holder of a valid residence permit for guest workers, and wishes to apply for its extension.

Applications by an employer may be submitted only via the platform of Enter Hungary.

The platform of Enter Hungary is available by clicking here.

In cases when the application for a residence permit concerned is lodged via an employer, the client concerned is required to appear in person before the authority to facilitate taking the applicant’s facial photograph, recording his/her fingerprint and implementing other procedural conducts upon the request of the authority.

1. III.Application for the extension of a residence permit

Submission of applications for the extension of a residence permit for guest workers is only available within the territory of Hungary, via the platform of Enter Hungary, which is available by clicking here.

Extension of a residence permit is only possible for a period not exceeding 3 years from the date of first issuance of the permit. If you wish to reside within the territory of Hungary with a residence permit for guest workers longer, you may submit an application for the issuance of a residence permit for guest workers in Hungary at least 40 days prior to the date of expiry of your residence permit.

Please note that if you wish to be employed by an employer other than the employer in relation to whom you were granted your currently valid residence permit, you are required to submit an application for the extension of a residence permit for guest workers.

Please be informed that the extension of the residence permit is only possible if

• ·you are a holder of a valid residence permit for guest workers at the time of application submission,
• ·you resided within the territory of Hungary with your residence permit at least for 90 days in any 180-day period.

Furthermore, please note that an application for the extension of a residence permit for guest workers is to be submitted at least 30 days prior to the date of expiry of the issued residence permit.

1. 3)Additional information on application submission

For submission of an application in person, applicants are required to complete the application form correctly in full and to submit the completed document with their signature. The form is available by clicking here and the appendix here.

For submission of an application via the platform of Enter Hungary, the full and correct completion of the electronic application form is required, which is available on the platform. The platform of Enter Hungary is available by clicking here.

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph and fingerprint of the applicant will be taken.

An application submitted via the platform of Enter Hungary is deemed to have been received by the immigration authority, if the administrative service fee has been paid, and the facial photograph and fingerprint of the applicant is taken and signature specimen of the applicant is recorded within 15 days from the date of receipt. The immigration authority will send out a notification when your application is deemed to have been received.

1. 4)Administrative service fee for the procedure

For information on administrative service fees for procedures, please click here.

1. 5)What are the mandatory attachments/enclosures of an application?

For the approval of an application for a residence permit, the applicant is required to meet conditions for entry and residence in Hungary, during the procedures mandatory attachments/enclosures may serve as proof of meeting the set conditions.

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

Documents in proof of the purpose of residence

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

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

Documents in proof of means of subsistence in Hungary

One of the following documents must be submitted as proof that the applicant has sufficient resources, i.e. (s)he can cover costs related to his/her subsistence, accommodation, return/onward travel (i.e. exit from Hungary) and healthcare services from legally acquired income and savings:

• ·a preliminary agreement,
• ·a document on legal relationship of employment,
• ·a certificate from a credit institution under the applicant’s name (e.g. a bank account statement, an account statement on savings or stocks and bonds, bank balance statement),
• ·a document on regular income issued by the employer or the tax authority.

Documents proving that the applicant has a place of accommodation in Hungary

One of the following documents must be submitted as proof that the applicant is the owner of a residential property suitable for habitation, or (s)he has legal title to use such a real estate:

• ·a residential lease contract,
• ·a document on accommodation by courtesy,
• ·a document in proof of ownership of the residential property,
• ·a document in proof of the reservation of accommodation and payment for it,
• ·a certificate by the applicant’s employer declaring that the employer will provide for the applicant’s place of accommodation.

Documents proving that the applicant has health insurance

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

An applicant meets this condition in the following cases:

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

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

Meeting the conditions of exit may be proved by:

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

Other required documents

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

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

1. 6)Other information in relation to the procedure

Applications for the issuance/extension of a residence permit for guest workers are examined under a single application procedure.

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

1. 7)Time period of procedural administration

Time period for procedural administration: 21 days.

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

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

The authority acting on the application case adopts a decision as to merits within 60 days from the date of the submission of the application.

1. 8)Receiving the residence permit document

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

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

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

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

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

If the application was submitted by an employer, the document shall be delivered to the employer, to the employer’s official contact address, in the absences thereof, to the employer’s place of establishment (i.e. registered address).

Please note that receiving your document before NDGAP’s regional directorate in person is only allowed, if you prove that you are not in a position to receive the document at the address indicated as place of delivery in your application.

1. 9)How long is the validity period of the permit?

Validity period of the document is maximised in 2 years, and it may be extended for another year; however, its validity period may not exceed 3 years of time from the date of first issuance.

Please note that the authority shall determine the date of expiry of the residence permit in a way that the third-country national’s travel document shall be valid at least for another 3 months after the date of expiry of the approved residence.

1. 10)Further information

• ·Submitting an application for a residence permit for another purpose within the territory of Hungary

During the validity period of a residence permit for guest workers and after its date of expiry, application for the issuance of a residence permit under another legal title is not allowed in Hungary.

• ·Family reunification

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

• ·Long-term residence

Third-country nationals who are holders of a residence permit for guest workers may not be granted a national residence card.

• ·Appeal

In case of refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of first instance, or at the Hungarian diplomatic or consular foreign mission where the application was submitted.

Please note that the authority shall dismiss the appeal without any examination as to merits in the following cases:

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

-  the applicant introduces and refers to new facts of the case, of which (s)he was aware before the decision was adopted,

-  the appeal is submitted without indicating its grounds or cause.

For information on reporting obligations, please click here.

INFORMATION

on

Residence permit for guest investor

Effective from: 01.07.2024! 

1. 1)Which third-country nationals are eligible to be granted a residence permit for guest investor?

A residence permit for guest investor may be granted to a third-country national whose entry and stay in Hungary is in national economic interest due to his/her investments realised in Hungary.

The following investments realised shall be considered as national economic interest:

1. a)acquisition of an investment fund share of at least EUR 250 000 issued by a real estate fund registered by the Hungarian National Bank,
2. b)ownership interest over a property, concerning a residential property with a value of at least EUR 500 000, located in the geographical territory of Hungary and registered in the Land Registry of Hungary under its parcel identification/topographical LOT number, free and clear of all liens, claims and encumbrances,
3. c)provision of a financial donation in an amount of at least 1 000 000 EUR and for a purpose of educational, scientific research or artistic creation activities, to a higher education institution maintained by a public trust with a public-service mission.

Definition of third-country nationals:

• ·Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals or family members of an EEA national, and
• ·stateless persons

qualify as third-country nationals.

1. 2)Where can clients submit their applications?

1. I.Application for the issuance of a residence permit

Application for the issuance of a residence permit may only be submitted in Hungary.

Submitting the application is conditional on your legal residence in Hungary with a guest investor visa or – if you are allowed to enter the territory of Hungary visa free – on a visa free basis.

The application must be submitted within 93 days from the date of entry with a guest investor visa or in the case of a visa-exemption, from the date of the first legal entry into the territory of Hungary.

Application submission in Hungary is available:

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

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

Please also note that you must certify via the platform of Enter Hungary within 3 months after entering Hungary that you have completed the committed investment. Certification of the realised investment will be examined by NDGAP.

1. II.Application for the extension of a residence permit

Submission of applications for the extension of a residence permit for guest investor is only available within the territory of Hungary, via the platform of Enter Hungary, which is available by clicking here.

Please be informed that the extension of the residence permit is only possible if you are a holder of a valid residence permit for guest investor at the time of application submission.

Furthermore, please note that an application for the extension of a residence permit is to be submitted at least 30 days prior to the date of expiry of the issued residence permit.

1. 3)Additional information on application submission

For submission of an application in person, applicants are required to complete the application form correctly in full and to submit the completed document with their signature. The form is available by clicking here and the appendix here.

For submission of an application via the platform of Enter Hungary, the full and correct completion of the electronic application form is required, which is available on the platform. The platform of Enter Hungary is available by clicking here.

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph and fingerprint of the applicant will be taken.

An application submitted via the platform of Enter Hungary is deemed to have been received by the immigration authority, if the administrative service fee has been paid, and the facial photograph and fingerprint of the applicant is taken and signature specimen of the applicant is recorded within 15 days from the date of receipt. The immigration authority will send out a notification when the application is deemed to have been received.

1. 4)Administrative service fee for the procedure

For information on administrative service fees for procedures, please click here.

1. 5)What are the mandatory attachments/enclosures of an application?

For the approval of your application for a residence permit, you are required to meet conditions for entry and residence in Hungary, during the procedures mandatory attachments/enclosures may serve as proof of meeting the set conditions.

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

Documents in proof of the purpose of residence

Please attach/enclose certification of one of the following investments:

1. a)a certificate from the real estate fund manager registered by the Hungarian National Bank or from the distributor of the investment fund share on the investment fund share of EUR 250 000 issued under the name of the third-country national;

Please note that in this case you are required to have an investment fund share issued by a real estate fund for at least 5 years whose net asset value comprises minimum 40% of investments in residential real estate in Hungary and its real estate fund manager has at least a simplified site security certificate or is listed in the register under Act XXX of 2016 on Defence and Security Procurement.

1. b)a contract of sale and purchase, countersigned by a lawyer, concerning a residential property with a value of at least EUR 500 000, located in the geographical territory of Hungary and registered in the Land Registry of Hungary under its parcel identification/topographical LOT number, free and clear of all liens, claims and encumbrances;

Please note that in this case, upon acquiring ownership of the residential property, a prohibition on alienation and encumbrance must be registered in the Land Register for a period of 5 years from the date of conclusion of the purchase contract, and the property may be owned exclusively by you or you and one or more family members who are also applying for a residence permit for guest investor for a period of 5 years.

Please also be informed that the competent authority will appoint a forensic real estate expert to determine whether there is a noticeable discrepancy between the actual market value of the property and the purchase price indicated in the application. The applicant must advance the costs of the assessment.

1. c)a certificate from the higher education institution maintained by a public trust with a public-service mission certifying that the higher education institution has received a financial donation from you of at least EUR 1 000 000 to support educational, scientific research or artistic creation activities.

Please be informed that the extension of the residence permit is only possible for each investment may only be granted if the following conditions are met:

1. a)if the investment on the basis of which the residence permit was issued was an investment fund share, the applicant is required to have the investment at the time of application submission,
2. b)if the investment on the basis of which the residence permit was issued was ownership interest over a real estate property, then

• ·the applicant continues to have ownership interest over the property based on which the residence permit was issued with a value of at least EUR 500 000, or
• ·if the applicant no longer has ownership interest over the property based on which the residence permit was issued, or the value of the ownership interest over the property is less than EUR 500 000, the applicant has a new real estate investment meeting the same conditions at the time of application submission,

1. c)if the investment on the basis of which the residence permit was issued was provision of a financial donation, the extension of the residence permit may be granted without further investments realised.

Documents proving that the applicant has a place of accommodation in Hungary

One of the following documents must be submitted as proof that the applicant is the owner of a residential property suitable for habitation, or (s)he has legal title to use such a real estate:

• ·a residential lease contract,
• ·a document on accommodation by courtesy,
• ·a document in proof of ownership of the residential property,
• ·a document in proof of the reservation of accommodation and payment for it.

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

Meeting the conditions of exit may be proved by:

• ·a valid passport,
•  

Other required documents

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

1. 6)Time period of procedural administration

Time period for procedural administration: 21 days.

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

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

1. 7)Receiving the residence permit document

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

Please note that receiving your document before NDGAP’s regional directorate in person is only allowed, if you prove that you are not in a position to receive the document at the address indicated as place of delivery in your application.

1. 8)How long is the validity period of the permit?

Validity period of the document is maximised in 10 years, and it may be extended for another 10 years for the same purpose.

1. 9)Further information

• ·Reporting obligations in connection with investments

In case there is a change in the data based on which the investment was verified during the validity period of the residence permit, the applicant is obliged to report it within 5 days of the change via the platform of Enter Hungary.

• ·Employment and gainful activity

The residence permit for guest investor entitles its holder to pursue activities independently, for remuneration or act as a chief executive of a business organisation, cooperative or other legal entity established for the purpose of gainful activity.

The residence permit for guest investor and the related residence permit for family reunification entitles its holder to perform actual work for or under the direction of others, for remuneration, under contract for employment relationship.

The third-country national is entitled to work in Hungary without restriction.

• ·Appeal

In case of refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of first instance, or at the Hungarian diplomatic or consular foreign mission where the application was submitted.

Please note that the authority shall dismiss the appeal without any examination as to merits in the following cases:

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

-  the applicant introduces and refers to new facts of the case, of which (s)he was aware before the decision was adopted,

-  the appeal is submitted without indicating its grounds or cause.

For information on reporting obligations, please click here.

INFORMATION

on

Residence Permit for the purpose of intra-corporate transfer and Permit for long-term mobility

1) Which third-country nationals are eligible to be granted a residence permit for the purpose of intra-corporate transfer?

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

• ·who at the time of the application for a residence permit resides outside the territory of the Member States of the European Union and has been transferred intra-corporate, or

• ·holding a residence permit for the purpose of intra-corporate transfer issued in any Member State of the European Union (permit for long-term mobility)

Intra-corporate transfer is defined as a third-country national residing outside the territory of the Member States of the European Union and who is temporarily posted for employment or training purposes by a company established outside the territory of the Member States of the European Union and the third-country national is bound by work contract before and during his/her transfer with the same company or group of companies and in special cases mobility between host organisations established in one or more second Member States.

A residence permit for the purpose of intra-corporate transfer may not be issued:

• ·to a third-country national holding a residence permit for the purpose of research;
• ·to any third-country national who, under agreements between the European Union and its Member States and third countries, enjoy rights of free movement equivalent to those of Union citizens or are employed by a company established in those third countries;
• ·to any third-country national covered by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, as long as he/she is posted on the territory of Hungary;
• ·to private entrepreneurs;
• ·to third-country nationals assigned for occupational activity by employment agencies, temporary work agencies or any other companies engaged in making available labour to work under the supervision and direction of another company;
• ·to third-country nationals admitted as full-time students or who are undergoing a short-term supervised practical training as part of their studies.

Definition of third-country nationals:

• ·Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals or family members of an EEA national, and
• ·stateless persons

qualify as third-country nationals.

2) Where can clients submit their applications?

1. I.Application for the issuance of a residence permit

1. a)Application submission outside of Hungary

If you are not allowed to enter the territory of Hungary visa free and you are not a holder a residence permit issued by another EU Member State for the purpose of intra-corporate transfer, your application for the issuance of a residence permit is to be submitted outside of Hungary. 

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

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

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

b)  Application submission within the territory of Hungary

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

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

If you hold a residence permit for the purpose of intra-corporate transfer issued by another EU Member State, you may submit an application (long-term mobility permit) in Hungary as well.

The application must be submitted at the latest 20 days before the long-term mobility starts, or in possession of a valid residence permit issued by a Member State of the European Union, 20 days before the end of lawful residence in Hungary of not more than 90 days.

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

Application submission in Hungary is available:

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

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

1. II.Application submission via an employer

Applications for the issuance of a residence permit for the purpose of intra-corporate transfer (and a permit for long-term mobility) and for the extension of a residence permit for the purpose of intra-corporate transfer (and a permit for long-term mobility) may also be lodged by an employer, if the concerned employee as applicant gives consent to such a process in a written declaration of consent and

• ·(s)he has not entered the territory of Hungary, or
• ·(s)he has entered the territory of Hungary visa free, is staying legally and is not a holder of a residence permit, or
• ·(s)he is a holder of a valid residence permit for the purpose of intra-corporate transfer (a permit for long-term mobility), and wishes to apply for its extension.

Applications by an employer may be submitted only via the platform of Enter Hungary.

The platform of Enter Hungary is available by clicking here.

In cases when the application for a residence permit concerned is lodged via an employer, the client concerned is required to appear in person before the authority to facilitate taking the applicant’s facial photograph, recording his/her fingerprint and implementing other procedural conducts upon the request of the authority.

III. Application for the extension of a residence permit

Submission of applications for the extension of a residence permit for guest workers is only available within the territory of Hungary, via the platform of Enter Hungary, which is available by clicking here.

Please be informed that the extension of the residence permit is only possible if

• ·you are a holder of a valid residence permit at the time of application submission,
• ·you resided within the territory of Hungary with your residence permit at least for 90 days in any 180-day period.

Furthermore, please note that an application for the extension of a residence permit for guest workers is to be submitted at least 30 days prior to the date of expiry of the issued residence permit.

3) Additional information on application submission

For submission of an application in person, applicants are required to complete the application form correctly in full and to submit the completed document with their signature. The form is available by clicking here and the appendix here.

For submission of an application via the platform of Enter Hungary, the full and correct completion of the electronic application form is required, which is available on the platform. The platform of Enter Hungary is available by clicking here.

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph and fingerprint of the applicant will be taken.

An application submitted via the platform of Enter Hungary is deemed to have been received by the immigration authority, if the administrative service fee has been paid, and the facial photograph and fingerprint of the applicant is taken and signature specimen of the applicant is recorded within 15 days from the date of receipt. The immigration authority will send out a notification when your application is deemed to have been received.

4) Administrative service fee for the procedure

For information on administrative service fees for procedures, please click here.

5) What are the mandatory attachments/enclosures of an application?

For the approval of your application for a residence permit, you are required to meet conditions for entry and residence in Hungary, during the procedures mandatory attachments/enclosures may serve as proof of meeting the set conditions.

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

Documents in proof of the purpose of residence

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

• ·employment contract or letter of assignment between the applicant and the company established in the third country, stating that the intra-corporate transfer was immediately preceeded by three months of continuous employment at the same company or group of companies,
• ·evidence that the Hungarian host entity and the company established in a third country belong to the same company or group of companies;
• ·evidence, in the case of executive employees and specialists that the third-country national has the university degree or vocational training, or in the case of trainee employees, the university degree required;
• ·statement issued by a Hungarian host entity stating that the executive employee or specialist has the experience needed for the intra-corporate transfer,
• ·declaration by the company established in a third country of the planned duration of the intra-corporate transfer in Member State of the European Union (to prove that among the Member States of the European Union, Hungary is the country with the longest period of intra-corporate transfer)

Documents in proof of means of subsistence in Hungary

One of the following documents must be submitted as proof that the applicant has sufficient resources, i.e. (s)he can cover costs related to his/her subsistence, accommodation, return/onward travel (i.e. exit from Hungary) and healthcare services from legally acquired income and savings:

• ·an employment contract or a letter of assignment,
• ·a certificate from a credit institution under the applicant’s name (e.g. a bank account statement, an account statement on savings or stocks and bonds, bank balance statement),
• ·a document on regular income issued by the employer or the tax authority.

Documents proving that the applicant has a place of accommodation in Hungary

The applicant shall declare a real Hungarian address as an accommodation on the application form. A separate document will not be required to be attached to the declaration.

Documents proving that the applicant has health insurance

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

An applicant meets this condition in the following cases:

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

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

Meeting the conditions of exit may be proved by:

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

Other required documents

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

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

6) Other information in relation to the procedure

Applications for the issuance/extension of a residence permit for guest workers are examined under a single application procedure.

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

7) Time period of procedural administration

Time period for procedural administration: 21 days.

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

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

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

8) Receiving the residence permit document

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

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

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

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

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

If the application was submitted by an employer, the document shall be delivered to the employer, to the employer’s official contact address, in the absences thereof, to the employer’s place of establishment (i.e. registered address).

Please note that receiving your document before NDGAP’s regional directorate in person is only allowed, if you prove that you are not in a position to receive the document at the address indicated as place of delivery in your application.

9) How long is the validity period of the permit?

In case of executive employees or specialists the validity period of the document is maximised in 3 years, and it may be extended; however, its validity period may not exceed 3 years of time from the date of first issuance.

In case of trainee the validity period of the document is maximised in 1 year, and it may be extended; however, its validity period may not exceed 1 year of time from the date of first issuance.

Please note that the authority shall determine the date of expiry of the residence permit in a way that the third-country national’s travel document shall be valid at least for another 3 months after the date of expiry of the approved residence.

10) Further information

• ·Appeal

In case of refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of first instance, or at the Hungarian diplomatic or consular foreign mission where the application was submitted.

Please note that the authority shall dismiss the appeal without any examination as to merits in the following cases:

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

-  the applicant introduces and refers to new facts of the case, of which (s)he was aware before the decision was adopted,

-  the appeal is submitted without indicating its grounds or cause.

For information on reporting obligations, please click here.

INFORMATION

on

Residence of the student, pupil:

Residence Permit for the Purpose of Studies, the student mobility residence permit, the student mobility certificate

1.)  A residence permit for the purpose of studies, the student mobility residence permit and the student mobility certificate may be issued to a third-country national:

I. A residence permit for the purpose of studies may be issued to a third-country national, who

• ·establishes or has established a learning relationship with a public education institution registered in the public education information system as operating a full-time school system, or
• ·full-time studies at a state-recognised higher education institution or at a foreign higher education institution authorised to operate in Hungary, or
• ·wishes to reside in Hungary to participate in a preparatory course organised by the higher education institution.

Applicants must have the linguistic knowledge required for the pursuit of studies.

A residence permit for the purpose of studies cannot be granted to a third-country national who(se)

• ·applied for recognition as a refugee or who requested any subsidiary form of protection or temporary protection from the asylum authority,
• ·is a refugee or a beneficiary of temporary or subsidiary protection,
• ·is a person with tolerated status,
• ·expulsion has been suspended,
• ·is a person with the right of free movement and residence,
• ·holds an EU long-term residence permit,
• ·arriving in the territory of the European Union as an intra-corporate transferee or trainee, and
• ·enters the territory of the European Union for the purpose of highly qualified employment.
• ·holds a residence permit issued by another Member State of the European Union for the purpose of study, intends to pursue part of his/her studies at a Hungarian higher education institution and are not covered by an European Union or multilateral programme involving mobility measures or an agreement between two or more higher education institutions.

II.             Student mobility residence permit may be granted to a third-country national, who

III.           Student mobility certificate may be granted to a third-country national, who

• ·holds a residence permit issued by another Member State of the European Union for the purpose of study, intends to pursue part of his/her studies at a Hungarian higher education institution and covered by an EU or multilateral programme involving mobility measures or an agreement between two or more higher education institutions, and
• ·notifies the immigration authority of the student mobility plan and the planned duration of the mobility in order to exercise student mobility.

Before starting the procedure, please clarify with the sending or host educational institution whether you are coming to Hungary under a European Union or multilateral programme involving mobility measures or under an agreement between two or more higher education institutions.

A third-country national is defined as:

• ·Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals or family members of an EEA national, and
• ·stateless persons

1. 2)Where can clients submit their applications?

1. I.Application for the issuance of a residence permit

1. a)Application submission outside of Hungary

If you do not hold a residence permit and your entry into Hungary is not covered by the visa-exempt travel regime your application for the issuance of a residence permit is to be submitted outside of Hungary. 

You may submit an application before a diplomatic or consular foreign mission of Hungary in the country of your nationality or your habitual place of residence.

Please be advised to contact the competent foreign mission of Hungary to inquire for further information, if there are any other places authorised to receive applications for a residence permit. Such application receiving places are constituted by e.g. honorary consuls, trade representations, and external service providers.  

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

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

b)  Application submission within the territory of Hungary

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

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

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

Application submission in Hungary is available:

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

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

II.  Application for the extension of a residence permit

Submission of applications for the extension of a residence permit for the purpose of studies is only available within the territory of Hungary, via the platform of Enter Hungary, which is available by clicking here.

Please be informed that the extension of the residence permit for the purpose of studies is only possible if

• ·you are a holder of a valid residence permit at the time of application submission,
• ·you resided within the territory of Hungary with your residence permit at least 90 days in any 180-day period.

Furthermore, please note that an application for the extension of a residence permit for the purpose of studies is to be submitted at least 30 days prior to the date of expiry of the issued residence permit.

The student mobility residence permit and the student mobility certificate cannot be extended.

3) Additional information on application submission

For submission of an application in person, applicants are required to complete the application form correctly in full and to submit the completed document with their signature. The form is available by clicking here and the appendix here.

For submission of an application via the platform of Enter Hungary, the full and correct completion of the electronic application form is required, which is available on the platform. The platform of Enter Hungary is available by clicking here.

If the applicant is a minor with limited capacity or incapacity, the application is submitted by the applicant's legal representative, but if the applicant is over the age of six, he or she must appear in person when submitting the application.

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph and fingerprint of the applicant will be taken.

An application submitted via the platform of Enter Hungary is deemed to have been received by the immigration authority, if the administrative service fee has been paid, and the facial photograph and fingerprint of the applicant is taken and signature specimen of the applicant is recorded within 15 days from the date of receipt. The immigration authority will send out a notification when your application is deemed to have been received.

4) Administrative service fee for the procedure

For information on administrative service fees for procedures, please click here.

5) What are the mandatory attachments/enclosures of an application?

For the approval of an application for a residence permit, the applicant is required to meet conditions for entry and residence in Hungary, during the procedures mandatory attachments/enclosures may serve as proof of meeting the set conditions.

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

Documents in proof of the purpose of residence

The purpose of residence may be verified by:

• ·a certificate of admission from the relevant educational institution,
• ·a document verifying student status,
• ·other reliable means.

Linguistic knowledge required for the pursuit of studies 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.

When applying for a student mobility residence permit or submitting a student mobility notification, the agreement or admission certificate with the Hungarian higher education institution must be attached.

The application must be accompanied by proof of payment of tuition fees.

In the case of extension a statement made out by the education establishment on the applicant’s academic advancement shall also be attached/enclosed. The certificate issued by the education establishment shall contain information about the number of semesters in the given tertiary training, the number of active semesters the foreign national has in the training, indicating also the specific semesters in question.

The NDGAP may refuse the extension of the residence permit for the purpose of study or may revoke the permit if the student fails to obtain a degree within one and a half times the period of study as set out in the training and the exit requirements.

Please also note that if you have been granted a residence permit for the purpose of attending a preparatory course, the permit can only be extended if you have been admitted to a state-recognised higher education institution or a foreign higher education institution authorised to operate in Hungary and you provide proof of this by means of an admission certificate or a student status certificate.

Documents in proof of means of subsistence in Hungary

One of the following documents must be submitted as proof that the applicant has sufficient resources, i.e. (s)he can cover costs related to his/her subsistence, accommodation, return/onward travel (i.e. exit from Hungary) and healthcare services from legally acquired income and savings:

• ·a certificate from a credit institution under the applicant’s name (e.g. a bank account statement, an account statement on savings or stocks and bonds, bank balance statement),
• ·a notarised declaration by a member of the applicant's family undertaking to provide for the maintenance and support of the applicant and a document certifying the ability of the person providing the support to do so,
• ·a document on regular income issued by the employer or the tax authority
• ·other credible means (e.g. a scholarship certificate).

Documents proving that the applicant has a place of accommodation in Hungary

An existing and real Hungarian address shall be declared as accommodation on the application form. It is not necessary to attach/enclose a separate document.

Documents proving that the applicant has health insurance

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

An applicant meets this condition in the following cases:

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

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

Meeting the conditions of exit may be proved by:

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

Other required documents

• ·If the applicant is a minor, proof that his/her parent or legal guardian has consented to his/her stay in Hungary. The parental consent must be recorded in an authentic instrument or a private document with full probative force and accompanied by a translation into Hungarian or English.
• ·Attaching/enclosing 1 facial photograph.

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

6) Time period of procedural administration

Time period for procedural administration: 15 days

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

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

The authority acting on the application for a residence permit for studies case adopts a decision as to merits within 60 days from the date of the submission of the application.

7) Receiving the residence permit document and the student mobility certificate

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

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

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

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

The residence permit for the purpose of studies shall be delivered by way of post to the address of the educational establishment.

The student mobility residence permit and the student mobility certificate shall be delivered by way of post to the address indicated as place of delivery in the application form.

8) How long is the validity period of the permit?

Validity period of the residence permit for the purpose of studies is minimum 1 year, or if the training is less than 1 year, it is adjusted to the duration of the training. Validity period of the document is maximised in 3 years. It may be extended for minimum 1, maximum 3 years.

The validity period of a residence permit for the purpose of studies may not exceed the validity period of the applicant's travel document.

The validity period of the student mobility residence permit and the student mobility certificate is maximised in 360 days.

The validity period of the mobility residence permit and the mobility certificate shall be determined in a way so that it does not exceed the period of validity of the residence permit issued by the first Member State.

9) Other information

• ·Family Reunification

A third-country national holding or applying for a residence permit for the purpose of studies, a student mobility residence permit or a student mobility certificate shall not be granted a residence permit for the purpose of family reunification.

• ·Long-term resident status

Third-country nationals holding a residence permit for study purposes, a student mobility residence permit or a student mobility certificate may not be granted a national residence card.

• ·Employment

Third-country nationals holding a residence permit for the purpose of studies, a student mobility residence permit or a student mobility certificate may engage in employment during their study period for maximum thirty hours weekly, and outside their study period full-time for a maximum period of ninety days in a year.

• ·Seeking a job or starting a business

If you have a valid residence permit for the purpose of study and you have successfully completed your studies and the job or business you want to start in Hungary is suitable for the level of your studies, you can submit an application for a residence permit for seeking a job or starting a business in Hungary.

More information on how to submit an application is available on this link.

• ·Appeal

In case of refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of first instance, or at the Hungarian diplomatic or consular foreign mission where the application was submitted.

Please note that the authority shall dismiss the appeal without any examination as to merits in the following cases:

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

-  the applicant introduces and refers to new facts of the case, of which (s)he was aware before the decision was adopted,

-  the appeal is submitted without indicating its grounds or cause.

For information on reporting obligations, please click here.