Residence permit for seasonal employment

INFORMATION NOTE 

 

1)  Which third-country national is eligible to be granted a residence permit for the purpose of seasonal employment?

A residence permit for the purpose of seasonal employment may be granted to a guest worker whose residence purpose is to undertake seasonal work specified in legislation.

 

A residence permit for the purpose of seasonal employment may be granted to a third-country national meeting the condition above only if (s)he is to undertake work in a position within the following fields:

-   plant production;

-   forest management;

-   animal breeding;

-   fishery.

 

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 you are not allowed to enter the territory of Hungary visa free, 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., 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 the country where you are staying legally in case you can 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

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, during your legal stay, you may submit an application for the issuance of a residence permit for the purpose of seasonal employment within the territory of Hungary as well.

How can an application 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.

II.        Application for the extension of a residence permit

The validity period of a residence permit for the purpose of seasonal employment is maximised in 6 months, which may be extended within 12 months for a period not exceeding six months.

Applications for the extension of a residence permit may only be submitted by the procedure initiation 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.

Please note that an application for the extension of a residence permit is to be submitted maximum 90 days prior to the date of expiry of the issued residence permit.

Applications for the issuance and for the extension of a residence permit for the purpose of seasonal employment are examined under a single application procedure by the acting authority.

 

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

 

Furthermore, please note that, during the validity period and following the date of expiry of a residence permit for the purpose of seasonal work, an application for the issuance of a residence permit under another legal title may not be submitted within the territory of Hungary.

   

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; the appendix is available by clicking here. They are available in Word format by clicking here and 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 is 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:

-   a preliminary agreement on establishment of an employment relationship, or

-   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 certifying an employment relationship,

-   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.

Please be informed that in procedures for extension, the applicant is required to provide proof of payment of tax and contributions from the income in Hungary.

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 (i.e., the property is listed in the land register as a dwelling house or flat, or other property suitable for habitation; the number of occupants in the property is based on a residential space per person of at least 6 square metres), or (s)he has legal title to use such a real estate:

-   a copy of the title deed in proof of the applicant’s ownership of the residential property, not older than 30 days,

-   a lease contract substantiating a tenancy legal relationship,

-   a document in proof of the reservation of accommodation and payment for it, or

-   a notarised declaration by a Hungarian citizen family member, or a family member holding a residence visa or a residence permit, a permanent residence status for third-country national family members; a residence card, permanent residence card for EEA nationals, a permanent residence card for third-country national family members as per Act I of 2007 on the Admission and Residence of Persons with the Right of Free Movement and Residence, or recognised as a refugee, in Hungary,  who undertakes to provide for the applicant’s accommodation. 

If the purpose of entry and residence is seasonal work the document from the list in proof of having a proper place of accommodation must include

-   the number of persons staying in the accommodation at the time of the third-country national’s application,

-   the number of persons accommodated, the number of additional persons who may be accommodated in the accommodation during the period of the third-country national’s stay,

-   a declaration by the accommodation provider that the accommodation is suitable for habitation by the third-country national (i.e., the property is listed in the land register as a dwelling house or flat, or other property suitable for habitation; the number of occupants in the property is based on a residential space per person of at least 6 square metres).

In case the accommodation of the seasonal worker is provided by the employer, accommodation in Hungary can only serve as proof if

-   the rental contract or equivalent document clearly states the rental conditions of the accommodation,

-   the rent is not disproportionately high compared to the seasonal guest worker’s wage and the quality of the accommodation, and

-   the accommodation meets general health and safety standards.

Please note that a change of the place of accommodation must be reported to the competent regional directorate as per the new place of accommodation within 3 days of the actual change. Information thereon is available here.

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 the Hungarian rules of 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.

6)  Other information in relation to the procedure

 

Applications for the issuance and the extension of a residence permit for the purpose of seasonal employment 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.

Time period for procedural administration: 15 days, if

·         the applicant resided in Hungary at least 1 time during the 5 years preceding the application submission, and

·         (s)he complied with the legal provisions on immigration and labour in full.

 

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 the applicant to receive his/her residence permit 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.

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.

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

The validity period of the document is maximised in 6 months, which can be extended for a period not exceeding 6 months within a period of 12 months.

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 taken,

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

-  the client fails to meet his/her payment obligations.

Submission of an application for a residence permit in Hungary for another purpose

During the validity period and following the date of expiry of a residence permit for the purpose of seasonal work, an application for the issuance of a residence permit under another legal title may not be submitted within the territory of Hungary.

Please note that:

-   A residence permit for the purpose of family reunification may not be granted to a third-country national by reference to the residence of a guest worker in Hungary holding a residence permit for the purpose of seasonal work.

-   A guest worker holding a residence permit for the purpose of seasonal work may not be granted a National Card.

Please note that clients are only entitled to work for the employer in relation to whom the respective residence permit was issued. 

If the foreigner’s employment ceases within the period of validity of the residence permit for the purpose of seasonal work, the residence permit shall become invalid on the sixth day following the date of notification of the termination of employment by the employer. Thus, a declaration by the applicant is required to be attached to the application for a residence permit indicating that in case the residence permit becomes invalid, (s)he will voluntarily leave the territory of the Member States of the European Union and other Schengen States within 8 days from the date o which his/her residence permits ceases to be valid, specifying the country of destination.

In case of a change of employer, the client is required to submit an application for extension via the Enter Hungary platform , which is available by clicking here.