ELIGIBILITY
A residence permit may be issued for the pursuit of gainful activity to third-country nationals whose purpose of residence is:
× to lawfully perform work in a self-employed capacity for remuneration; or
× to engage in any gainful activity in the capacity of being the executive officer of a for-profit business association, cooperative or some other legal entity.
If the third-country national is engaged in any activity in the capacity of being the owner or manager of a for-profit business association, cooperative or some other legal entity and – apart from such activity – he/she plans to perform actual work (in any traditional job or position) in that company, an application for residence permit for the purpose of employment has to be submitted, that will be assessed in a single application procedure.
Please, click here to access detailed information on the procedure relating to an application for residence permit for the purpose of seasonal employment.
Please, click here to access detailed information on the single application procedure.
DEFINITIONS
INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS
Requirements: the completed form, facial photograph made not more than three months prior to date, and the mandatory enclosures, payment of the procedural fee.
During the procedure for a residence permit, the applicant’s facial likeness and fingerprint will be taken for the residence permit issued with biometric data. The third-country national is obliged to abide by, and perforce tolerate, that procedure.
Except as provided for by law, an application for residence permit may be submitted to any consular 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.
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 consular officer shall be notified. The entry visa for receiving a residence permit shall be issued by the competent consular 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.
Applications for the extension of the residence permit shall be submitted electronically upon registration on the electronic platform of the immigration authority for procedure initiation 30 days before the expiry of the right of residence the latest.
For more details on electronic administration, please click here.
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.
The 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.
A valid travel document must be attached to the application.
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, please click on the link below:
Invoice request on payment of procedural fee.
The competent immigration authority shall adopt a decision concerning the application within 21 days.
The competent immigration authority shall deliver the document evidencing right of residence to the applicant by way of post. The applicant may collect the residence permit document at the competent immigration authority in person if able to evidence that he/she is not in a position to receive the residence permit document at the mailing address given, however he/she is required to prove such circumstances.
In case of a refusal, the decision may be appealed within 8 days after the decision was delivered and the appeal is to be submitted before the authority of first instance or the diplomatic or consular mission where the application was submitted. If the appeal is submitted after the deadline or if made by a person other than the persons entitled to submit an appeal against the decision in the applicant’s case, 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 submitted at a diplomatic or consular mission 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 before a regional directorate, 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). 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 7 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 7
- 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 7
- Application for Replacement Residence Document
- Application for Substitute Residence Document
MANDATORY ENCLOSURES
DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE
If a third-country national plans to lawfully perform work in a self-employed capacity for remuneration, the purpose of stay may be verified by:
× a private entrepreneurial license, or failing this a private entrepreneur register number;
× a business plan for economic activities;
× a small-scale agricultural producer’s license;
× a personal service contract, contract for professional services or a use contract entered into as a private individual; or
× other reliable means.
If the third-country national plans to engage in any gainful activity in the capacity of being the owner or executive officer of a for-profit business association, cooperative or some other legal entity, or is a member of the executive, representative or supervisory board of such entity, the purpose of entry and residence shall be considered verified if:
× the business association, cooperative society or other legal entity established to engage in gainful operations (hereinafter referred to collectively as “business association”) actually employs at least three Hungarian citizens or persons with the right of free movement and residence in full time employment for at least six consecutive months, legitimately, without any interruption; or
× the residence of the applicant third-country national in the territory of Hungary is essential for the business association, and the business plan enclosed with the application contains sufficient information to ascertain that the business association will prosper to ensure the applicant’s subsistence. The contents of the business plan must be verified by credible means, such as, in particular, by supplying a works contract, a personal services contract, an agreement, or a supply or sales contract.
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 exceeding ninety days within a one hundred and eighty day period if his/her lawful income or assets or his/her family member’s income or assets is sufficient to cover their living expenses, including accommodation, return travel, and if necessary, healthcare.
In proceedings for the issue and extension of residence permits, the requirement of subsistence may be verified by the following:
× a statement from a Hungarian or foreign financial institution concerning the applicant’s bank account;
× an income certificate issued by the tax authority for the previous year;
× an income certificate issued by the employer;
× a certificate issued by the employer and/or tax authority as proof of regular income received from abroad;
× 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.
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 shall be able 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 granted for the pursuit of gainful activity is maximum three years, and it may be extended by maximum three additional years at a time.
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.
