Residence permit for reasons of Hungarian national interest
INFORMATION
on
Residence permit for reasons of Hungarian national interest
1.) Which third-country nationals are eligible to be granted a residence permit for reasons of Hungarian national interest?
In the national interest, the Minister responsible for immigration and asylum may grant a residence permit to a third-country national if he or she can prove that his or her stay is in the national interest.
It may be in the national interest: Hungary's economic, national political, scientific, cultural and sporting interests.
Residence permit for reasons of Hungarian national interest may be issued to a third-country national, whose purpose of residence is to perform actual work in Hungary (for or under the direction of others, for remuneration, under contract for employment relationship)
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?
I.Application for the issuance of a residence permit
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.
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 the respective residence permit.
b) Application submission 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.
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.
II. Application for the extension of a residence permit
Submission of applications for the extension of a residence 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 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.
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. In Word format: click here or 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.
In case of submission of an application in person, you will be exempted from the obligation to appear in person only if you are unable to do so because of your state of health.
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 (over the age of six) 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 following documents may serve as proof of the purpose of residence:
- ·a declaration of economic, national political, scientific, cultural or sporting interest,
- ·if you can provide documentary evidence of the above, this must also be attached,
- ·if the purpose of residence is employment, a preliminary agreement on establishment of an employment relationship, a document on legal relationship of employment.
Other required documents
- ·If the applicant is a minor, (s)he must prove that his/her parent or legal guardian has consented to his/her stay in Hungary. The parental consent must be recorded in a private or public document with full probative value and accompanied by a translation into Hungarian or English.
- ·Attaching/enclosing 1 facial photograph to/with the application is required
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.
7) 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" visas 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.
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.
8) How long is the validity period of the permit?
The validity period of the document is maximised in 3 years, and it may be extended for up to 3 years at a time.
9) Further information
Please note that the Minister responsible for national policy will give a statement on the existence of a national policy interest in the procedure.
As regards the economic, scientific, cultural and sporting interests of Hungary, the Board appointed by Government decision gives an opinion, which is not binding on the Minister responsible for Immigration and Asylum Affairs.
Please be informed that the Minister responsible for Immigration and Asylum Affairs may withdraw a residence permit issued for reasons of national interest if withdrawal is reasonable on grounds of a change in the economic, national policy, scientific or sports national interest taken into account as grounds for the issuance of the residence permit.
For information on reporting obligations, please click here.