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Residence permit for the purpose of training

INFORMATION

 

on

 

residence permit for the purpose of training

 

 

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

 

A residence permit for the purpose of training may be granted to a third-country national who is participating in a scholarship-based training course in Hungary provided by the Government or the Ministry.

 

A person who fulfils the conditions for a residence permit for the purpose of studies may not be granted a residence permit the purpose of training.

 

A third-country national is defined as a person:

  • ·who is a non-Hungarian national, and who is not a person with the right of free movement and residence, i.e. who is not an EEA national or a family member of an EEA national, and
  • ·who is a stateless person.

qualify as third-country nationals.

 

2) Where may the application be submitted?

 

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

 

  1. a)Submission of an application outside the territory of Hungary

 

If you do not have a residence permit and your entry into the territory of Hungary is not covered by visa-exempt travel regime, you shall submit the application outside of Hungary.

 

Your application may be submitted at the Hungarian diplomatic or consular mission that operates in the country of your nationality or habitual place of residence. Please be advised to contact the competent foreign consulate of Hungary to inquire for further information, if there are any other places authorised to receive the application. Such application receiving places are constituted by e.g. honorary consuls, trade representations, and external service providers.

 

If there are not any Hungarian consulates or other types of places receiving application in the country of your nationality or habitual residence, in exceptional cases, you may submit an application in the country where you are staying legally, but only if you can provide documentary 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 a residence permit also within the territory of Hungary during your legal stay.

 

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 National Directorate-General for Aliens Policing (hereinafter: NDGAP) as per you 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 authorised representative is a legal representative or a legal person.

 

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

 

A residence permit for training purposes cannot be extended for the same purpose.

Extension of the residence permit may only be requested for the purposes of studies, if the applicant meets the conditions.

For information on residence permit for the purposes of studies, please click here.

Submission of applications for the extension of a residence permit for the purpose of employment is only available within the territory of Hungary, via the platform of Enter Hungary, which is available by clicking here[n7] .

 

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 90 days in any 180-day period.

 

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.

 

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 incapacitated, the application may be submitted by the applicant's legal representative, but if the applicant is over the age of six, he or she must appear in person, before the competent regional directorate of the National Directorate-General for Aliens Policing (hereinafter: NDGAP) by the time of submission.

 

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph of the applicant and fingerprint will be taken in the case of applicants over the age of six.

 

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

 

Information on administrative service fees for procedures is available 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 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 your residence:

  • ·admission certificate of the educational institution providing scholarship training
  • ·a document certifying participation in the scholarship course,
  • ·any other credible evidence.

 

A credible proof of the award of a scholarship provided by the Government or Ministry must also be attached.

 

The following documents may serve as proof of the necessary language skills to participate in the training:

  • ·official certificate of language proficiency,
  • ·official certificate of studies in a foreign language,
  • ·any other credible evidence.

 

For the extension of the residence permit for the purpose of training for the purposes of studies, you are required to attach a credible document certifying the successful completion of the training programme.

 

Documents in proof of means of subsistence in Hungary

 

One of the following documents must be submitted as proof that the applicant has sufficient financial resources, i.e. (s)he can cover costs related to his/her subsistence, accommodation, return/onward travel (i.e. exit from the territory of 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 made by a member of the applicant's family undertaking to provide for and support the applicant and a document certifying the ability of the person providing support,
  • ·certificate of regular income provided by an employer or tax authority,
  • ·any other credible evidence (e.g. a scholarship certificate).

 

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

 

One of the following documents must be submitted as proof that the applicant own of a property suitable for habitation or (s)he is entitled to use such property:

  • ·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 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 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 must be attached/enclosed 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 instrument with full probative value, and must be attached/enclosed with Hungarian or English language translation.
  • ·Attaching/enclosing 1 facial photograph.

 

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 and/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 of the educational institute indicated 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?

 

Validity period of a residence permit for training purposes is maximum 1 year and cannot be extended for the same purpose; it may only be extended for the purposes of studies.

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.

 

9) Further information

 

  • ·Family reunification

 

Family member of a third-country national who is a holder of a residence permit for the purpose of training or an applicant for a residence permit for the purpose of training may not be granted a residence permit for family reunification.

 

  • ·Long-term residence

 

Third-country national who is a holder of a residence permit for the purpose of training 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.

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Temporary Residence Permit

INFORMATION

 

Temporary Residence Permit

 

 

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

 

A temporary residence permit may be issued to a third-country national who fulfils the conditions specified in the international agreement  for a Working Holiday Scheme.

 

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. a)Application submission outside the territory 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.

 

  1. b)Application submission within 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 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.

 

The temporary residence permit cannot be extended.

 

  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.

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 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 applicant shall provide document substantiating the fulfilment of conditions set out in the international agreement.

 

If the international agreement requires the fulfilment of housing, subsistence or health care conditions, the applicant must also submit the following annexes or other annexes specified in the international agreement. If it is not required by an international agreement, it is sufficient to prove only the purpose of the residence.

 

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 family member of the applicant's undertaking to provide care and maintenance for the applicant, and a document proving his/her capacity for the care and maintenance,
  • ·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.

 

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, orowning legally a means of transport.

 

Please note that in the moment of the application submission for a temporary residence permit, the date of expiry of the applicant's travel document may not be less than one year counting from the thirtieth day of the submission.

 

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

 

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.

 

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 temporary residence permit may not be longer than

the period set out in the international agreement based on which the document is issued.

 

The temporary residence permit cannot be extended.

 

  1. 9)Further information

 

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

 

During the validity period of a temporary residence permit 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 temporary residence permit or an applicant for a temporary residence permit may not be granted a residence permit for family reunification.

 

  • ·Long-term residence

 

Third-country nationals who are holders of a temporary residence permit 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.

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Interim Residence Card

INFORMATION

 

on

 

Interim Residence Card

 

1) Which third-country nationals are eligible to be granted an interim residence card?

 

An interim residence card may be issued to a third-country national, who holds an EU long-term residence permit issued on the basis of Council Directive 2003/109/EC and wishes to reside in Hungary for one of the following purposes:

 

  • ·for employment or business purposes (except seasonal employment), or
  • ·to pursue studies or vocational training, or
  • ·for other certified purposes.

 

The applicant's third-country family member or third-country national family member already holding an interim residence card or interim permanent residence permit may be issued with an interim residence card if the family relationship already existed in the Member State of the European Union which issued the EU long-term residence permit.

 

If one of the above conditions applies to you, you are eligible to be granted an interim residence card if

  • ·your accommodation and subsistence in the territory of Hungary are insured
  • ·you qualify as insured with respect to the full range of health services or you can cover the costs of your medical care, and
  • ·none of the following grounds for exclusion apply to you:

-          your permanent residence threatens the public or national security of Hungary,

-          you are subject to expulsion or exclusion from the territory of Hungary, or an SIS alert has been issued for you,

-           in order to obtain the card, you provided false information, an untrue fact, or deceived the acting authority;

-          you have a prior criminal record, and have not been exempted from the detrimental consequences related to it.

 

If a third-country national child is born on the territory of Hungary to a parent holding an interim residence card, an interim residence card is issued to the child after the birth has been reported.

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.

 

A third-country national holding an interim residence card is entitled to stay in the territory of Hungary during the validity period of the card.

 

2) How can applications be submitted?

 

Application submission for the issuance and extension of an Interim residence card is available only via the platform of Enter Hungary that is available by clicking here. 

 

Please note that an application is to be submitted on the last day of your intended legal stay not exceeding 90 days, and at least 30 days prior to the date of expiry of the residence permit issued for a period exceeding 90 days.

 

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.

 

3) Administrative service fee for the procedure

 

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

 

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

 

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 long- term purpose of residence

 

  1. a)In case of employment or business activity:
  • ·a document on the registration number of the self-employed,
  • ·small-scale agricultural producer certificate,
  • ·a detailed declaration on the business activity,
  • ·a contract of agency, contractor or usage concluded as a private individual,
  • ·preliminary agreement on establishment of an employment relationship or a document on legal relationship of employment, or
  • ·other credible documents proving the business activity.

 

b) In case of studies or vocational training a certificate of admission from the relevant educational institution,

  • ·a document verifying student status,
  • ·other reliable means.

 

c) In case of residing for other reasons

  • ·documentary proof of the purpose of residence

 

d) In case of applying as a family member

  • ·a document proving the family relationship (marriage certificate, birth certificate),
  • ·any other credible evidence.

 

                Documents in proof of means of subsistence in Hungary

One of the following documents must be submitted as proof that you have                        sufficient resources:

  • ·a certificate from a credit institution on savings under the applicant’s name,
  • ·a public document or private document of full probative value proving the existence of property, rights or assets in Hungary which provide subsistence,
  • ·document on regular income issued by the employer or the tax authority.
  • ·certificate of regular income from abroad, issued by a Hungarian credit institution
  • ·a notarised declaration by the applicant's family member living in Hungary, 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,
  • ·other credible document.

 

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 document in proof of ownership of the residential property,
  • ·a residential lease contract,
  • ·a notary recorded certificate by the applicant’s family member living in Hungary, declaring (s)he will provide for the applicant’s place of accommodation.

 

In case of application for the extension of an interim residence card, attaching/enclosing documents in proof of means of subsistence in Hungary and

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

are not required, if the applicant declares that his/her subsistence and residence conditions have not changed since the previous application.

 

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.

 

Other required documents

 

  • ·1 facial photograph
  • ·a valid travel document,
  • ·a copy of the EC residence permit proving the long-term residence status,
  • ·an authentic document according to the personal right of the minor applicant stating that there is no legal obstacle to the minor third-country national's long-term residence.

 

5) Time period of procedural administration

 

Time period for procedural administration: 21 days.

 

A child of a third-country national with a right of long-term residence born in Hungary is eligible to be granted a national residence card out of turn, but at the latest within 5 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. 

 

6) 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.

 

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

 

Validity period of the document is maximised in 5 years, and it may be extended for another 5 years at your request.

 

The validity period of the family member's interim residence card is the same as that of the third-country national's interim residence card.

 

8) Further information

 

  • ·Notification of change of accommodation

 

If you hold an interim residence card, you must report the change of accommodation, which was declared in the procedure for its issuance, to the district office of the capital and county government office responsible for your new accommodation.

Changing your accommodation does not entail changing your residence card.

The notification of a change of accommodation is attested by an address card issued by the notary and must therefore be kept together with the residence card document and submitted for inspection to the authority empowered to do so.

 

  • ·Appeal

 

In case of refusal, the decision may be appealed within 15 days of delivery, submitted to the authority of first instance.

 

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.

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Obligations of the employer and host organization

Information

on

Obligations of the employer and host organization

 

  1. 1)Obligation concerning the employee’s residence permit

 

The employer or the host organisation must ensure that, at the latest on the day the third-country national starts working, the third-country national is in the possession of a valid residence permit authorising him/her to work for the employer or the host organisation.

 

The employer or the host organisation must keep a copy of the residence permit presented by the third-country national for the duration of employment.

 

The immigration authority may ask you to present the above mentioned during an official inspection.

 

  1. 2)Notification obligations

 

Notification of the start of employment

 

The employer must notify the immigration authority of the start of the employment of a third-country national within the following deadlines:

 

  • ·if the employer or host organization has submitted the application for a residence permit entitling its holder to perform work, within 5 days of receipt of the residence permit entitling its holder to perform work issued to the third-country national,
  • ·if the employer or the host organization has submitted the application for a residence permit entitling its holder to perform work but the third-country national enters Hungary after the date of receipt (within a reasonable time from the expected start date agreed in the preliminary agreement), within 5 days of the date of entry,
  • ·in cases not covered by the previous two cases, within 5 days of receipt of the residence permit entitling its holder to perform work issued to the third-country national;
  • ·for third-country nationals holding a residence permit for the purpose of studies, within 5 days of the start of the work.

 

 

Notification of non-commencement of employment

 

The employer or the host organization must notify the immigration authority if the third-country national does not start the authorized work within the following deadlines:

  • ·if the employer or the host organization has submitted the application for a residence permit entitling its holder to perform work and the employer or the host organization becomes aware that the third-country national will not start working for the employer or the host organization, immediately and at the latest within 5 days of becoming aware of this;
  • ·if the employer or the host organization has not submitted the application for a residence permit entitling its holder to perform work, but becomes aware that the third-country national will not start working for the employer or the host organization within a reasonable period of time after the expected starting date specified in the prior agreement for the employment relationship, immediately, but no later than 5 days after the expected starting date specified in the employment contract.

 

Notification of termination of employment

 

The employer or the host organisation must notify the immigration authority within 5 days of the occurrence of the fact or circumstance on which the notification is based that the work will be discontinued within the period of validity of the residence permit entitling its holder to perform work.

 

The employer or the host organization must provide the following information on the start, non-commencement or termination of employment:

  • ·employer’s or host entity’s particulars (name, address, registered address, place of business, company form, registered number),
  • ·particulars of the third-country national worker or intra-corporate transferee,
  • ·document number of the residence permit of the third-country national worker or intra-corporate transferee,
  • ·position,
  • ·the date of start or non-commencement of the actual work or intra-corporate transfer, or the date of termination of employment before the expiry of the work permit or single permit.

 

The employer carries out the above mentioned notifications electronically via Enter Hungary platform after electronic identification.

 

Legal consequences of failure to notify the start, non-commencement or termination of employment

 

An employer or host organization that fails to notify the start, non-commencement or termination of employment or fails to comply with its obligation to ascertaining facts with regards to the residence permit shall be subject to a public order penalty by the immigration authority, in proportion of the number of third-country nationals employed, in an amount up to HUF 1,000,000 (one million) per employee.

 

The employer or the host organization is exempted from the obligation to pay the public order penalty if it proves – as detailed above – its compliance with obligations to check and report.

 

The employer or the host organization is not exempted from the obligation to pay the public order penalty if it knew or with due diligence and attention it could have known that the document presented as a valid residence permit or other residence permit document was false.

 

The main contractor and any intermediate subcontractors shall be jointly and severally liable with the subcontracting employer or the host entity for the payment of the penalty if they knew or with due diligence and attention they could have known that the subcontracting employer was employing a third-country national without a residence permit.

 

Notification of an intra-corporate transfer of less than 90 days

 

At the latest within 5 days of starting the work, the host organization must report if a third-country national holding a residence permit issued by a Member State of the European Union for the purpose of intra-corporate transfer is to work in Hungary for the host organization for an intended period not exceeding ninety days.

 

The notification must include

  • ·natural identification date of the third-country national,
  • ·the planned duration of the intra-corporate transfer and
  • ·the affiliation of group of companies of the host organization.

 

The employer carries out the above mentioned notification electronically through Enter Hungary  platform after electronic identification.

 

Notification of changes to employment conditions in the case of a residence permit for guest workers

 

An employer employing a foreigner with a residence permit for guest workers, if there is a change in the terms and conditions of employment of the guest worker it employs, must notify the National Directorate- General for Aliens Policing within 5 days of the change via the Enter Hungary  platform, by providing the following information:

  • ·employer’s or host entity’s particulars (name, address, registered address, place of business, company form, registered number),
  • ·natural identification data of the guest worker,
  • ·document number of the residence permit of the guest worker,
  • ·the name and FEOR number of the authorized and changed profession,
  • ·the address of the authorized and changed place of work in Hungary.

 

  1. 3)Specific obligations for the employer of the guest worker

 

The employer must ensure that the guest worker holding

  • ·a residence permit issued for employment for the purpose of investment,
  • ·a residence permit issued for the purpose of employment, or
  • ·a residence permit issued for guest workers

shall leave the territory of Hungary no later than 6 days after the termination of the employment relationship in the event of termination or cessation of the employment relationship.

 

If the employer does not comply with this obligation, the immigration authority will impose a fine of HUF 5,000,000.

 

The employer is exempted from paying the penalty if it proves that it has acted in accordance with the normal conduct expected in the given circumstances in fulfilling the above mentioned obligation.

 

In particular, the employer fulfils the requirement of conduct normally expected in the given situation if it fully complies with its obligation to notify the immigration authority and can prove that

  • ·the guest worker was informed, in a language which (s)he understood, about the legal consequences of aliens policing nature of the termination of employment, and about the obligation for leaving the country and relevant sanctions;
  • ·the employer had a flight ticket under the name of the guest worker to the country of origin or to the country of departure indicated in the declaration part of the application, or to whom the guest worker has presented such a flight ticket and can provide documentary proof of this, and
  • ·the reason why the guest worker did not depart as
  1. othe guest worker left his/her registered accommodation for an unknown place before the day of departure and could not establish contact with her/him, or
  2. othe guest worker has an employment relationship with another employer, and the employer is aware of the change of employer and can provide documentary evidence of it.

 

The employer must reimburse the costs of expulsion, removal and aliens policing detention advanced by the aliens policing authority and the body established for general police duties if

  • ·the expelled guest worker does not have the costs covered and
  • ·the expulsion was ordered because the guest worker
  1. odoes not fulfill the conditions of residence,
  2. ohas worked without a permit, or
  3. othe entry and stay of the person threatens or endangers public health.

 

If in the event of termination or cessation of the employment of the guest worker, the employer or the host organization fails to comply with its obligation in connection with the guest worker's obligation to leave the country or to report the non-commencement or termination of employment of the guest worker in the case of 30% of the number of guest workers it brought to Hungary in a calendar year, the employer or the host organization may not employ any more guest workers beyond the existing guest worker staff for 2 years from the date of the fine.

 

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Residence permit for official purposes

INFORMATION

 

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residence permit for official purposes

 

 

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

 

A residence permit for official purposes may be granted to a third-country national who wishes to reside in the territory of Hungary

  • ·as a person enjoying diplomatic or other privileges and immunities under international law, or as a member of his/her family, or
  • ·as a member of an official delegation of a foreign state, public body or an international organisation,
  • ·as a press correspondent,
  • ·for study, educational, scientific, training or training purposes within the framework of an international treaty or international cultural, educational, scientific cooperation or governmental international aid programme,
  • ·as a member of the staff of a scientific, educational or cultural institution operating in Hungary under an international treaty or as a person visiting the country to participate in the activity of such an institution.

 

Please note that the Minister responsible for foreign policy makes decision  on applications of persons enjoying diplomatic or other privileges and immunities under international law, their family members, persons visiting diplomatic missions or consular posts in the territory of Hungary, the members of international organisations, and persons whose entry is in the interest of foreign policy.

 

Definition of third-country nationals:

  • ·Non-Hungarian national who is not a person with the right of free movement and residence, i.e. who is not an EEA national,
  • ·a 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 the territory of Hungary

 

If you are not a holder of a residence permit and 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 the territory 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.

 

  1. 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 as well.

 

Application submission in the territory of 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.

 

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

 

Submission of applications for the extension of a residence permit 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 90 days in any 180-day period.

 

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 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 your 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 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 document proving diplomatic or other privileges and immunities under international law, and, in case of a family member, a document proving the family relationship,
  • ·a certificate or declaration issued by a foreign state or public body, an international organisation or a scientific, academic, educational or cultural institution operating in Hungary,
  • ·with any other credible evidence.

 

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 family member of the applicant's undertaking to provide care and maintenance for the applicant, and a document proving his/her capacity for the care and maintenance,
  • ·a document on regular income issued by the employer or the tax authority,
  • ·with any other credible evidence.

 

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 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)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

 

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.

 

Furthermore, please note that if the Minister responsible for foreign policy  makes a decision  on the application, the applicant must appear in person at the Ministry of Foreign Affairs and Trade to receive the residence permit and to register the accommodation in Hungary.

 

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

 

The validity period of the document shall be determined in accordance with the duration of the official activity, but may not exceed 3 years. The validity period under appropriate conditions may be extended on occasion with the duration of the official service or training, but not exceeding 3 years.

 

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. 9)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.

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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?

 

  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. 

 

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

 

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.

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?

 

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.

 

For information on reporting obligations, please click here.

 

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Residence permit for the purpose of traineeship

INFORMATION

 

on

 

residence permit for the purpose of traineeship

 

 

  1. 1)Which third-country national is eligible to granted a residence permit for the purpose of traineeship?

 

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

  • ·who wishes to reside in the territory of Hungary for the purpose of traineeship based on an traineeship contract concluded with an approved organization hosting trainees, and
  • ·the host organization provides a written commitment for reimbursing the costs of expulsion in cases when the trainee stays longer in the territory of Hungary past the period authorised – if the trainee does not have the necessary financial resources,
  • ·who is able to provide evidence of having obtained a higher education degree required for the pursuit of traineeship within the two years preceding the date of application or who is pursuing studies that leads to a higher education degree relevant to the traineeship;

 

Applicants must have the necessary language skills to complete the traineeship.

 

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.

 

A residence permit for the purpose of traineeship may not be issued to a person:

  • ·who submitted an application for refugee status or temporary protection or subsidiary protection to the asylum authority;
  • ·who has been granted refugee status or temporary protection or subsidiary protection in Hungary;
  • ·a person with tolerated status;
  • ·whose expulsion has been suspended for factual or legal reasons;
  • ·who has the right of free movement and residence;
  • ·who is a holder of an EC permanent residence permit certifying long-term residence status granted by any Member State of the European Union;
  • ·who comes to the territory of the European Union as a trainee-employee in the context of an intra-corporate transfer;
  • ·who is entered the territory of the European Union for the purpose of employment as highly qualified workers.

 

  1. 2)Where the application may be submitted?

 

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

 

  1. a)Application submission outside of Hungary

 

If you do not have a residence permit and 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 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 a residence permit also within the territory of Hungary during your legal stay.

 

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 National Directorate-General for Aliens Policing (hereinafter: NDGAP) as per you 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 authorised representative is a legal representative or a legal person.

 

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

 

A residence permit for the purpose of a traineeship 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.

 

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, 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 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 your residence:

  • ·a traineeship contract with the host organisation,
  • ·a diploma of higher education or a certificate of active student status issued by a higher education institution, and
  • ·a certificate of language proficiency or a certificate/diploma of foreign language studies, or other credible means of proof.

 

The traineeship contract must include:

  • ·a description of the traineeship programme, including the educational objective or learning components,
  • ·the duration of the traineeship programme,
  • ·the conditions for the placement of the trainee and the supervision of the traineeship,
  • ·the number of practical hours,
  • ·a description of the legal relationship between the trainee and the host organisation, and
  • ·a declaration that the host organisation will be responsible for the third-country national's subsistence and accommodation costs for the entire duration of the applicant’s stay in the territory of Hungary.

 

Documents in proof of means of subsistence in Hungary

 

One of the following documents must be submitted as proof that the applicant has sufficient financial resources, i.e. (s)he can cover costs related to his/her subsistence, accommodation, return/onward travel (i.e. exit from the territory of 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 made 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 support,
  • ·a certificate regarding the award/payment of the scholarship.

 

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

 

A real Hungarian address must be declared as accommodation on the application form. For the notification no separate document is required.

 

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 for the relevant travel or the amount of money to cover the costs of the travel.

 

Other required documents

  • ·Attaching/enclosing 1 facial photograph.

 

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 and/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.

 

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 residence permit issued for the traineeship purposes is based on the duration of the traineeship, but may not exceed 6 months, which cannot be extended.

 

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.

 

9) 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 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 the purpose of traineeship or an applicant for a residence permit for the purpose of traineeship may not be granted a residence permit for family reunification.

 

  • ·Long-term residence

 

Third-country national who is a holder of a residence permit for the purpose of traineeship 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.

 

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White Card – residency for digital nomads

INFORMATION

 

on

 

White Card – residency for digital nomads

 

1) Which third-country nationals are eligible to be granted a White Card?

A White Card shall be granted to a third-country national who

  • ·has a verified employment relationship in a country other than Hungary and performs his/her work from Hungary using an advanced digital technology solution, or
  • ·owns a share in a company with a verified profit in a country other than Hungary and performs his/her work or manages his/her company from Hungary using an advanced digital technology solution.

 

Please note that a White Card shall be only granted to a third country national who does not pursue any gainful activity in Hungary and does not hold a share in a Hungarian company.

 

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.

 

A White Card shall not be granted to a person:

  • ·who fulfils the conditions for the issuance of a residence permit for guest self-employment, guest investor, employment for the purpose of investment, employment, guest workers, for the issuance of a National Card, Hungarian Card, or Corporate Card,
  • ·who is in possession of a residence permit for the purpose of studies or who is participating in a short-term supervised traineeship as part of their studies,
  • ·who is posting on the territory of Hungary,
  • ·who applied for refugee status, for temporary or subsidiary protection in Hungary,
  • ·who has been granted refugee status, temporary or subsidiary protection in Hungary,
  • ·with tolerated status,
  • ·whose expulsion has been suspended,
  • ·holding an EC residence permit or an EU residence card,
  • ·who arrives in the territory of the European Union in the framework of an intra-corporate transfer,
  • ·who are admitted to the European Union for the purpose of employment as highly qualified workers.

 

  1. 2)Where can applications be submitted?

 

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

 

  1. a)Application submission outside of Hungary

If you do not have a residence permit and 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 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?

A third country national holding the citizenship of a visa-free country who does not have a residence permit, can apply for a residence permit in Hungary during their legal residence.

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

Application submission in Hungary is available:

  • ·by electronic means via the platform of Enter Hungary, which is available by clicking here. or
  • ·in person, at the competent regional directorate of National Directorate-General for Aliens Policing (hereinafter: NDGAP) as per the applicant’s place of accommodation. Contact details of the regional directorates and further information are available by 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 for the extension of a residence permit

 

The application for extension of the residence permit may only be submitted in Hungary via the Enter Hungary platform, which you can access by clicking here.

 

Please note that a residence permit can only be extended once for the same purpose.

 

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 90 days within any 180-days prior to the submission of the application for a residence permit.

Please note that an application for the extension of a residence permit must be submitted not later than 30 days before the expiry date of the permit.

  1. 3)Additional information on application submission

If submitted in person, the application form must be filled in accurately and signed by the applicant. The form is available by clicking here and the appendix here.

For submisiion of an application via the platform of Enter Hungary, the full and correct completion of the electronic application form is required. The Enter Hungary platform can be accessed by clicking here.

When submitting the application a facial photograph and for applicants over the age of six, fingerprints will be recorded for the purpose of issuing a residence document containing biometric data.

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 recorded 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:

 

a) In the case of employment in a country other than Hungary, a certified statement from your employer stating:

  • ·the scope of the employer's activities,
  • ·the provision on remote, electronic work and its authorised duration, and
  • ·the duties and the position of the applicant.

Proof of the real and actual operation of the employer must be certified.

b) if the applicant runs a company with proven profits from Hungary, a document stating:

  • ·the real and actual operation of the company,
  • ·the job title and position held by the applicant in the company,
  • ·the scope of the company's activities, and
  • ·his/her ownership of shares in the company.

 

The real and actual operation of the company can be verified by:

  • ·a document certifying the registration of the company by the public authorities,
  • ·an authentic instrument or a certificate from the tax authorities proving regular income or profit,
  • ·other credible means.

 

Documents in proof of means of subsistence in Hungary

 

The third-country national is considered to have sufficient resources to cover his/her subsistence if the third-country national's monthly legal income is equal to or exceeds EUR 3,000 net for at least 6 months prior to entry.

Please note that the applicant must have this amount of income throughout the period of stay in Hungary.

The requirement of subsistence may be verified by:

  • ·bank statement for the previous 6 months,
  • ·a certificate evidencing regular income issued by the employer or by the tax authority.

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

Ownership or right of use shall be proven of a property suitable for housing by providing one of the following documents:

  • ·a residential lease contract,
  • ·a document on accommodation by courtesy,
  • ·a document in proof of ownership,
  • ·documentary evidence to verify the reservation of accommodation and payment.

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)  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 30 days from the date of the submission of the application.

 

7) Receiving the residence permit document

 

If you submitted your application for a residence permit at 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 at 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?

 

Validity period of the document is maximised in 1 year, and it may be extended once for another year.

Please note that a residence permit can only be extended once for the same purpose.

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.

 

9) Further information

 

  • ·Withdrawal of the residence permit

 

Please note that the NDGAP will revoke the residence permit if the applicant works for or on behalf of an employer in Hungary or acquires a share in a company in Hungary.

 

  • ·Application for residence permit for other purpose

 

During the period of validity of the White Card and after its expiry, no other residence permit may be applied for other purpose.

 

  • ·

 

Family members of a third-country national who is a holder of a White Card or or an applicant for a White Card shall not be granted a residence permit for family reunification.

 

  • ·Long-term residence

 

Third-country nationals who are holders of a White Card may not be granted a national residence card.

 

  • ·Appeal

In case of refusal, the decision may be appealed within 8 days of notification, 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.

 

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EU residence card

Information

on

EU residence card

1) Which third-country nationals are entitled for EU residence card?

EU residence card shall be granted to a third-country national:

  • ·who resided legally in the territory of Hungary at least for 5 years before the date of submitting an application, or
  • ·who holds an EU Blue Card and

-         who has legally resided in the territory of Hungary continuously for at least two years before preceding the submission of the application, and

-         who has legally resided in the territory of a Member State of the European Union continuously for at least five years holding an EU Blue Card, residence permit issued for the purpose of research or study.

In case any of the above mentioned criteria are met, an EU residence card may be issued to a third-country national who(se):

  • ·accommodation and subsistence in the territory of Hungary is insured,
  • ·has comprehensive healthcare insurance or sufficient financial resources for healthcare services,
  • ·is not subject to any of the following grounds for exclusion:

-         residence in the territory of Hungary constitutes a threat to public security or national security,

-         subject to expulsion or exclusion from the territory of Hungary, or for whom an alert has been issued in the SIS,

-         supplied false information or untrue facts in the interest of obtaining the card, or misled the competent authority,

-         has criminal record and not been exempted from the legal consequences related to that.

Please be informed that an EU residence card may not be granted to a third-country national who:

  • ·is residing in the territory of Hungary in order to pursue studies in an institution of higher education or vocational training,
  • ·is residing in the territory of Hungary for the purpose of seasonal employment or voluntary service activities,
  • ·is residing in the territory of Hungary under diplomatic or other personal immunity,
  • ·applied for refugee status, any subsidiary form of protection or temporary protection to the asylum authority, pending a final decision on the application,
  • ·is a person with tolerated status,
  • ·has been recognised by the asylum authority or court, or by any Member State of the European Union as a refugee or who has been granted any subsidiary form of protection, on the basis of such status, if refugee status or subsidiary protection is no longer available,
  • ·is a beneficiary of temporary protection.

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.

 

A third-country national holding an EU residence card is entitled to stay for undetermined period of time in the territory of Hungary.

2) How can the application be submitted?

Application for the issuance or extension of the EU residence card can be submitted only via the platform of Enter Hungary which is available by clicking here[b2] .

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.

 

 

3) Administrative service fee

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

4) What are the supporting documents mandatory to submit with the application?

 

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.

The following documents must be attached to/enclosed with the application:

  • ·birth certificate,
  • ·marriage certificate, if the applicant is married,
  • ·the applicant’s certificate of divorce if the marriage was dissolved,
  • ·in the case of a minor applicant, an authentic document according to the minor's personal right stating that there are no legal obstacles to the minor's long-term stay,
  • ·documents in proof of means of subsistence and a accommodation in Hungary, and in proof of having access to comprehensive health insurance services.

With the exception of documents certifying the means of subsistence, residence, and entitlement to full healthcare in Hungary, applicant may be exempted from attaching the above documents if the acquisition of the document would be impossible or disproportionately difficult due to reasons other than the third-country national's fault. In this case, the document is replaced by the applicant's statement.

 

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:

 

  • ·a certificate from a credit institution under the applicant’s name (e.g. a bank account statement, an account statement on savings)
  • ·an authentic instrument or private document with full probative force certifying the existence of property, property right and assets in Hungary which ensure the applicant's subsistence,
  • ·employer's or tax authority's certificate of regular income in Hungary,
  • ·a certificate of regular income from abroad issued by a Hungarian credit institution,
  • ·a notarised declaration by a family member living in Hungary that he/she will provide for and support the applicant, and a document certifying the ability of the person providing support,
  • ·other credible document.

 

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 document proving ownership of the property,
  • ·a residential lease contract,
  • ·a notarised declaration by a family member living in Hungary guaranteeing the applicant's residence.

 

The document certifying the conditions of residence is not required to be attached/enclosed if the applicant has already included it in the procedure for issuing or extending the residence permit and the third-country national's declared place of residence has not changed.

 

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.

 

Other required documents

  • ·1 facial photograph,
  • ·valid travel document (or, if you have held more than one travel document during your uninterrupted legal stay in Hungary, a copy of each travel document).

 

Please note that an authentic instrument issued abroad or a private document authenticated by a foreign court, administrative authority, notary or other person vested with public authority - unless otherwise provided by law, international treaty or reciprocal practice - has the evidentiary effect under Hungarian law only if it has been subject to diplomatic apostille by the Hungarian diplomatic mission authority of the state where it was issued.

 

Please also note that documents issued in a language other than Hungarian may only be accepted if accompanied by a certified Hungarian translation.

 

Please be advised that marriage certificates submitted by a third-country family member of a Hungarian citizen may be accepted only after domestic registration.

 

5) Time period of procedural administration

 

Time period for procedural administration: 70 days.

The child born in Hungary of a third-country national with long-term residence status will be issued a national residence card as soon as possible but within 5 days the latest.

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. 

 

6) Receiving the residence permit document

A residence permit card 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.

 

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

 

The document is valid for a maximum period of 10 years, which may be extended by a further 10 years at your request.

 

8) Further information

 

  • ·Notification of change of residence

If you are a holder of an EU residence card, you are obliged to notify the change of your place of residence to the district (metropolitan district) office of the government office of the capital and county where you have your new place of residence.

The change of residence does not entail the replacement of the residence card.

Notification of a change of residence is evidenced by the address card issued by the notary, which must therefore be kept together with the residence card document and handed over to the authorised authority for inspection.

  • ·Appeal

 

In case of refusal, the decision may be appealed within 15 days of delivery, submitted to the authority of first instance.

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.

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National Card

INFORMATION

 

on

 

National Card

 

 

  1. 1)Which third-country nationals are eligible to be granted a National Card?

 

A National Card may be granted to a Serbian or Ukrainian citizen whose purpose of residence is to perform work for or under the direction and/or supervision of others, for remuneration, under employment relationship including employment through temporary work agency.

 

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

 

In case you would like to submit your application outside of Hungary, or if you are not a holder of a biometric passport, therefore your entry into Hungary does not constitute a visa-exempt travel, you may submit your application as follows.

 

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

 

You may submit an application for National Card in Hungary as well (unless you do not hold a biometric passport), in the following ways:

  • ·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 the National Directorate-General for Aliens Policing (hereinafter: 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 submission via an employer

 

Applications for the issuance of a National Card and for the extension of a National Card 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.

 

III. Application for the extension of a residence permit

 

Submission of applications for the extension of a residence permit 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.

 

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.

 

Furthermore, please note that if you wish to be employed by a different employer 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.

 

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 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

 

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 National Card 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 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.

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?

Validity period of the document is maximised in 2 years, and it may be extended for the same purpose for up to 3 years at a time.

 

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.

 

 

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