ELIGIBILITY
A residence permit for the purpose of seasonal employment may be issued to third-country nationals whose purpose of residence is to perform seasonal work as provided for in specific other legislation.
A residence permit for the purpose of seasonal employment may not be issued to a third-country national
· who is a 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, or
· who has the right of free movement and residence under specific other legislation.
DEFINITIONS
INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS
Requirements: the completed form, facial photograph taken not more than three months prior to date, the mandatory enclosures, and payment of the procedural fee.
Unless otherwise provided for by an act, if the applicant is a minor of limited capacity or if incompetent, the application shall be submitted by the applicant’s legal representative in his/her stead.
Except as provided for by law, an application for residence permit may be submitted to any consulate officer of Hungary, or at any other place authorised to accept applications for residence permit located in the country where the applicant’s permanent or temporary residence is located, or in the country of the applicant’s nationality. Third-country nationals may apply for an entry visa for receiving a residence permit before admission to the country in the application for residence permit, without having to lodge a separate application.
When the application is submitted, the applicant’s facial likeness and – over the age of six years – fingerprint will be taken for the residence permit issued with biometric data. The third-country national affected is obliged to abide by, and perforce tolerate, that procedure.
If the decision of the regional directorate is in favour of the application for residence permit, it shall constitute approval for the issue of an entry visa for receiving a residence permit, of which the competent consulate officer shall be notified. The entry visa for receiving a residence permit shall be issued by the competent consulate officer based on the regional directorate’s decision.
Moreover, please note that D visas for entitlement to receive a residence permit issued to third-country nationals are single-entry visas authorising a stay of not more than 30 days.
Apart from the submission of applications for issuing a residence permit at Hungarian diplomatic mission as a general rule, Hungarian law also provides for the possibility of submitting such applications in Hungary as well. Third-country nationals residing in the territory of Hungary may submit an application for residence permit at the regional directorate responsible for the place where the place of accommodation of the third-country national is located if there are special circumstances to justify the submission of the application in Hungary, or if legally residing in the territory of Hungary as a national of the States listed in Annex II of Regulation (EU) 2018/1806 of the European Parliament and of the Council, or together with such third-country national in the capacity of a family member. The special circumstance referred to above shall, in particular, cover any event related to medical treatment, family reunification or occupational activity that has occurred for reasons beyond the third-country national’s control, and that prevents the submission of the application at a place in accordance with the general provisions set out by law. An application for issuing a residence permit on the grounds of special circumstances may be submitted only in person to the authority of first instance competent for the place of accommodation.
A third-country national of a visa-free country, legally residing in Hungary without a visa can submit an application for a residence permit electronically upon registration on the electronic platform of the immigration authority for procedure initiation. Please, click here for detailed information on the electronic procedure.
The application for extension of the residence permit shall be submitted 30 days before it expires at the latest, with the necessary documents attached electronically upon registration on the electronic platform of the immigration authority for procedure initiation. For more details on electronic administration, please click here. At the time of submitting the application the applicant shall submit his/her valid travel document. As a general rule applications for residence permit for the purpose of seasonal employment are examined by the competent authority within the framework of a single application procedure.
Please note that an application submitted electronically is deemed to have been received by the authority if the administrative service fee has been paid. Furthermore, it is necessary to appear before the competent regional directorate within 15 days of the confirmation of receipt in order to verify your identity, to take your biometric data and a specimen signature, and to have your documents recognised.
Please, click here to access detailed information on the single application procedure.
Extension of the residence permit may be granted only if the conditions set out in the law are met and the residence of the third-country national has exceeded 90 days within any 180 days prior to the submission of the application for a residence permit.
1. The administrative service fee charged for the procedure for issuing a residence permit is EUR 110, which is to be paid at the diplomatic or consular mission in EUR or in other convertible currency, or in exceptional cases, in the legal tender of the state in which the application is submitted.
2. The administrative service fee charged for the procedure for the extension of a residence permit is HUF 23,000, if the application is lodged electronically via NDGAP’s electronic procedure initiation platform (Enter Hungary).
3. The administrative service fee charged for the procedure for issuing a residence permit for a third country national holding the citizenship of a visa-free country, legally residing in Hungary is HUF 24,000 if the application is lodged electronically via NDGAP’s electronic procedure initiation platform (Enter Hungary).
4. The administrative service fee charged for the submission of an application for the procedure for issuing a residence permit on the grounds of special circumstances, accompanied by a petition for equitable consideration is HUF 39,000 if submitted in person within the territory of Hungary.
The administrative service fee is to be paid by way of an electronic payment instrument (bank card). In case of submission of an application for the procedure for issuing a residence permit on the grounds of special circumstances accompanied by a petition for equitable consideration submitted in person within the territory of Hungary the administrative service fee is to be paid by way of an electronic payment instrument (bank card) or in the form of a bank deposit (using the cheque supplied by the regional directorate).
If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:
Invoice request on payment of procedural fee
In single procedures the competent authority shall adopt a decision on applications for residence permit within 70 days from the date of submission.
An application submitted by a third-country national for residence permit has to be examined within 15 days in the framework of an accelerated procedure if the third-country national resided in Hungary for the purpose of seasonal employment at least once within the past five years preceding the time of submission of the application, and abided fully by the immigration and labour laws of Hungary.
The competent immigration authority shall deliver the residence permit document to the applicant by way of post. The applicant may collect the residence permit document at the competent immigration authority in person if he/she is not in a position to receive the residence permit document at the mailing address given.
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 mission where the application was submitted. If the appeal is lodged in delay or if made by a person other than the party entitled to do so, and if the applicant introduces any new evidence in the appeal, of which he/she was aware before the decision was adopted, or if the appeal is lodged without showing cause, the authority of first instance shall dismiss the appeal without any examination as to merits.
The administrative service fee charged for an appeal is EUR 160, which is to be paid in Euros or in other convertible currency, or in exceptional cases, in the legal tender of the state in which the application for an appeal is submitted. In case of submissions within the territory of Hungary, the administrative service fee charged for an appeal is HUF 47,000, which is to be paid by way of an electronic payment instrument (bank card) or in the form of a bank deposit (using the cheque supplied by the regional directorate). When paying by using a yellow cheque, the client’s name and date of birth, and the case type i.e. “Residence Permit Appeal” are to be indicated in the “comment” box.
If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:
Invoice request on payment of procedural fee
FORMS
The application shall be submitted with the form “Application for Residence Permit” and Appendix 12 completed and printed.
If the applicant is travelling together with his/her minor child, shown in his/her passport, Appendix “A” must be completed and enclosed with the application.
Forms optimised for Microsoft Word to be completed electronically:
- Application for Residence Permit and Appendix 12
- Application for Replacement Residence Document
- Application for Substitute Residence Document
Forms available for downloading in PDF format, to be filled out manually:
- Application for Residence Permit and Appendix 12
- Application for Replacement Residence Document
- Application for Substitute Residence Document
MANDATORY ENCLOSURES
DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE
If the purpose of entry and residence is to undertake seasonal employment, the purpose of entry and residence may be verified by a prior agreement concluded with a view to entering into a contract for employment relationship, or a document verifying the employment relationship.
DOCUMENTS IN PROOF OF MEANS OF SUBSISTENCE IN HUNGARY
A third-country national is considered to have sufficient resources to cover his/her subsistence for residence for a stay exceeding ninety days within a one hundred and eighty day period if his/her lawful income or assets is sufficient to cover his/her living expenses, including accommodation, return travel, and if necessary, healthcare.
In proceedings for the issue of residence permits, the requirement of subsistence may be verified by the following:
· a prior agreement;
· an income certificate issued by the employer;
· an income certificate issued by the tax authority for the previous year, if available;
· a statement from a Hungarian or foreign financial institution concerning the applicant’s bank account;
· other reliable means.
DOCUMENTS PROVING THE EXISTENCE OF HUNGARIAN ACCOMMODATION
The place of Hungarian accommodation must be a property shown in the real estate register as a residential building or detached house, or any similar property suitable for habitation (minimum 6 square meters of living space per person) or a commercial or other accommodation deemed appropriate by law.
Compliance with the requirement of accommodation in Hungary may be verified by
· a residential lease contract in proof of the rental of a residence;
· a document on accommodation by courtesy;
· documentary evidence to verify the reservation of accommodation and payment;
· a statement on boarding (dormitory) services;
· a document in proof of ownership of the residential property, by means of a certified copy of title deed issued within 30 days to date;
· a real estate sales contract and a copy of the decision of the competent Budapest or county government agency granting permission for the acquisition of a real estate property;
· other documents.
DOCUMENTS PROVING THE EXISTENCE OF COMPREHENSIVE HEALTH INSURANCE
Enclosed with the application for residence permit the applicant shall provide proof of having access to comprehensive health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement), or that he/she has the necessary financial resources to cover the costs of such services.
DOCUMENTS EVIDENCING THE CONDITIONS OF EXIT
The conditions of exit may be verified by
· a valid passport or the permits necessary for the third-country national for returning to his/her country of origin, or to the country he/she indicates;
and
· a valid ticket for departure, or sufficient funds to purchase such a ticket, or a means of transport lawfully used by the third-country national.
Enclosed with the application the third-country national is required to provide a statement undertaking the commitment of voluntary departure from the territory of the Member States of the European Union if the application is refused.
A minor third-country national shall provide proof that his/her parent or legal representative gave permission for his/her stay in Hungary, for the duration of the planned stay.
Parental consent shall be provided in a statement executed in a private document representing conclusive evidence or an authentic instrument, with Hungarian or English translation.
During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case, and may take further procedural steps as well. The administrative time limit shall not include the length of time between the receipt of the notice for remedying deficiencies until the time of compliance.
After the application is submitted the applicant or his/her representative can attach documents by way of post or electronically. In case the application has been submitted electronically, the notification for remedying deficiencies and the provision of missing documents will be carried out electronically as well.
VALIDITY PERIOD
The validity period for a residence permit issued for the purpose of seasonal employment is maximum 6 months, and it may be extended by maximum 6 additional months within a 12-month period. A residence permit may not be issued for the purpose of seasonal employment for validity period exceeding 6 months within a 12-month period, and it may not be extended for that purpose beyond the 6-month period.
The validity period of the residence permit shall be set in consideration of the date of expiry of the passport. The period of stay fixed in the residence permit is to be determined ascertaining that the travel document must be valid for at least 3 additional months beyond the date of expiry of the residence permit.
ACCRUED RIGHTS AND OBLIGATIONS
- A third-country national holding a valid residence permit has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one hundred and eighty day period.
- Third-country nationals shall certify the fact of registering the place of accommodation with the proof of registration received upon notification of the place of accommodation. Third-country nationals are required to retain the proof of registration and to carry it at all times. When relocating, third-country nationals shall notify the immigration authority electronically upon registration on the electronic platform of the immigration authority for procedure initiation within three days.
- Third-country nationals holding a residence permit shall report the birth of a child – who is also a third-country national – in the territory of Hungary and shall simultaneously supply the following information:
· the natural identification data of the child as provided for by law;
· particulars of the child’s travel document;
· address of the child’s place of accommodation or home address.
- Third-country nationals are obliged to report without delay to the immigration authority [the regional directorate of the National Directorate-General for Aliens Policing, any police station, or the competent Hungarian diplomatic or consular mission when staying abroad] if their travel document or residence permit is lost, stolen or destroyed. The immigration authority shall confirm receipt of such report in writing. The immigration authority shall be immediately notified in the event that a travel document, which was presumed lost and reported as such, is found subsequently.
