White Card – residency for digital nomads

INFORMATION

 

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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.

 

2)Where can applications be submitted?

 

I.Application for the issuance of a residence permit

 

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.

 

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.

 

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-day period 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.

 

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. In Word format: click here or 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 provision 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 withdraw 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 reunification

 

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. 

An exception to this is if a third-country national holding a White Card gives birth to a third-country national child in Hungary during the period of validity of the residence permit, as in this case the child will receive a residence permit issued for the purpose of family reunification after notification on the child’s birth.

 

• ·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 taken,

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

 

For information on reporting obligations, please click here.