ELIGIBILITY

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,

- meets the general conditions for staying in Hungary for more than 90 days within any 180 day period and is not subject to any of the disqualifications provided by law, and

- does not pursue any gainful activity in Hungary and does not hold a share in a Hungarian company.

A White Card shall not be granted

- to any third-country national whose purpose of stay is to

- pursue a gainful activity, or

- act as the executive officer of a for-profit business association, cooperative or some other legal entity, or

- perform work in a self-employed capacity for remuneration (e.g. as self-employed);

-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 posted on the territory of Hungary,

- to any third-country national who has applied for refugee status to the asylum authority, or who requested any subsidiary form of protection or temporary protection from the asylum authority;

- to any person who has been granted refugee status, or any subsidiary form of protection or temporary protection in Hungary;

- to exiles

- to any third-country nationals whose expulsion has been suspended for reasons of fact or of law

- to any third-country national holding an EC residence permit

- to any third-country national who arrives in the territory of the Union in the framework of an intra-corporate transfer, or

- to third-country nationals who are admitted to the Union for the purpose of employment as highly qualified workers.

DEFINITIONS

Third-country national: non-Hungarian citizens and stateless persons except for persons having the right of free movement and residence (EEA nationals and family members accompanying or joining an EEA national or a Hungarian citizen).

White Card: a residence permit whose holder is employed in a verified employment relationship in a country other than Hungary or has an ownership share in a company with a verified profit in a country other than Hungary, and in both cases works or manages his/her company from Hungary using an advanced digital technology solution.

INFORMATION ON SUBMITTING APPLICATIONS

AND THE RELATED PROCESS

The requirements for issuing a White Card are the completed form, the mandatory enclosures, and payment of the procedural fee.

During the procedure for residence permit the applicant’s facial likeness and fingerprint are taken for the purpose of issuing a residence permit containing biometric data. The third-country national affected is obliged to abide by, and perforce tolerate, that procedure.

Except as provided for by law, an application for White Card may be submitted to any consulate officer of Hungary, or at any other place authorised to accept applications for residence permit located in the country where the applicant’s permanent or temporary residence is located, or in the country of the applicant’s nationality. Third-country nationals may apply for an entry visa for receiving a residence permit before admission to the country in the application for residence permit, without having to lodge a separate application.

If the decision of the regional directorate is in favour of the application for residence permit, it shall constitute approval for the issue of an entry visa for receiving a residence permit, of which the competent consulate officer shall be notified. The entry visa for receiving a residence permit shall be issued by the competent consulate officer based on the regional directorate’s decision.

Moreover, please note that D visas for entitlement to receive a residence permit issued to third-country nationals are single-entry visas authorising a stay of not more than 30 days.

Apart from the submission of applications for residence permit at Hungarian diplomatic mission as a general rule, Hungarian law also provides for the possibility of submitting such applications in Hungary as well. Third-country nationals residing in the territory of Hungary may submit an application for residence permit at the regional directorate responsible for the place where the place of accommodation of the third-country national is located if there are special circumstances to justify submission of the application in Hungary, or are visa-free as citizens of a visa-free country, or if legally residing in the territory of Hungary  together with such third-country national in the capacity of a family member. The exceptional circumstance referred to above shall, in particular, cover any event related to medical treatment, family reunification or occupational activity that has occurred for reasons beyond the third-country national’s control, and that prevents to have the application submitted at a place normally prescribed under general provisions set out by law. An application for issuing a residence permit on the grounds of special circumstances may be submitted only in person to the authority of first instance competent for the place of accommodation.

A third country national holding the citizenship of a visa-free country, legally residing in Hungary without a visa can submit the application for issuing a residence permit electronically upon registration on the electronic platform of the immigration authority for procedure initiation. For more details on electronic administration, please click here.

The application for extension of the residence permit shall be submitted electronically 30 days before it expires at the latest upon registration on the electronic platform of the immigration authority for procedure initiation.  At the time of submitting the application the copy of the applicant’s valid travel document must be attached.

For more details on electronic administration, please click here.

Extension of the residence permit may be granted only if the conditions set out in the law are met and the residence of the third-country national has exceeded 90 days within any 180 days prior to the submission of the application for a residence permit.

Please note that an application submitted electronically is deemed to have been received by the authority if the administrative service fee has been paid. Furthermore, it is necessary to appear before the competent regional directorate within 15 days of the confirmation of receipt in order to verify your identity, to take your biometric data and a specimen signature, and to have your documents recognised.

1.    The administrative service fee charged for the procedure for issuing a residence permit is EUR 110, which is to be paid at the diplomatic or consular mission in EUR or in other convertible currency, or in exceptional cases, in the legal tender of the state in which the application is submitted.

2.    The administrative service fee charged for the procedure for the extension of a residence permit is HUF 23,000, if the application is lodged electronically via NDGAP’s electronic procedure initiation platform (Enter Hungary).

3.    The administrative service fee charged for the procedure for issuing a residence permit for a third country national holding the citizenship of a visa-free country, legally residing in Hungary is HUF 24,000 if the application is lodged electronically via NDGAP’s electronic procedure initiation platform (Enter Hungary).

4.    The administrative service fee charged for the submission of an application for the procedure for issuing a residence permit on the grounds of special circumstances, accompanied by a petition for equitable consideration is HUF 39,000 if submitted in person within the territory of Hungary.

The administrative service fee is to be paid by way of an electronic payment instrument (bank card). In case of submission of an application for the procedure for issuing a residence permit on the grounds of special circumstances accompanied by a petition for equitable consideration submitted in person within the territory of Hungary the administrative service fee is to be paid by way of an electronic payment instrument (bank card) or in the form of a bank deposit (using the cheque supplied by the regional directorate).

If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:

Invoice request on payment of procedural fee

The regional directorate shall rule on the application for White Card for other purposes within 30 days. The competent immigration authority shall deliver the residence permit document to the applicant by way of post. The applicant may collect the residence permit document at the competent immigration authority in person if able to evidence that he/she is not in a position to receive the residence permit document at the mailing address given, however, he/she is required to prove such circumstances.

In case of a refusal, the decision may be appealed within 8 days after the decision was delivered and the appeal is to be submitted before the authority of first instance or the diplomatic or consular mission where the application was submitted. If the appeal is submitted after the deadline or if made by a person other than the persons entitled to submit an appeal against the decision in the applicant’s case, and if the applicant introduces any new evidence in the appeal, of which he/she was aware before the decision was adopted, or if the appeal is lodged without showing cause, the authority of first instance shall dismiss the appeal without any examination as to merits.

The administrative service fee charged for an appeal submitted at a diplomatic or consular mission is EUR 160, which is to be paid in Euros or in other convertible currency, or in exceptional cases, in the legal tender of the state in which the application for an appeal is submitted. In case of submissions within the territory of Hungary, the administrative service fee charged for an appeal is HUF 47,000, which is to be paid by way of an electronic payment instrument (bank card) or in the form of a bank deposit (using the cheque supplied by the regional directorate). The client’s name and date of birth, and the case type i.e. “Residence Permit Appeal” are to be indicated in the “comment” box.

If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:

Invoice request on payment of procedural fee

FORMS

The application shall be submitted with the form “Application for Residence Permit” and Appendix 16 completed.

Forms optimised for Microsoft Word to be completed electronically:

-          Application for Residence Permit and Appendix 16

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

Forms available for downloading in PDF format, to be filled out manually:

-          Application for Residence Permit and Appendix 16

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

MANDATORY ENCLOSURES

DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE

In the case of issuing or extending a White Card, the purpose of stay can be verified:

• In the case of employment in a country other than Hungary, a certificate from an employer stating

-    the scope of the employer's activities,

-    the provision on remote, electronic work and its duration and

-    the duties and the position of the third-country national,

• In the case of an company with a verified profit, a document stating

-    information on the actual operation of the business,

-    the duties and the position of the third-country national,

-    the scope of the company's activities, and

-    his/her ownership of shares in the company.

The procedure requires proof of the real and actual operation of both the company and the employer, such as

·the registration of the company by the public authorities,

·the income and the profitable operation of the company (e.g. by means of a tax certificate),

·other credible means.

DOCUMENTS IN PROOF OF MEANS OF SUBSISTENCE IN HUNGARY

In the case of issuance and extension of the White Card, 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 2,000 for at least 6 months prior to entry, and he/she must have this amount of income throughout the period of stay in Hungary.

The requirement of subsistence may, in particular, be verified by:

-    a certificate issued by the employer evidencing regular income;

-    a certificate issued by the tax authority;

-    other credible means.

DOCUMENTS PROVING THE EXISTENCE OF HUNGARIAN ACCOMMODATION

The place of Hungarian accommodation must be a property shown in the real estate register as a residential building or detached house, or any similar property suitable for habitation (minimum 6 square meters of living space per person) or a commercial or other accommodation deemed appropriate by law.

Compliance with the requirement of accommodation in Hungary may be verified by

·                     a residential lease contract in proof of the rental of a residence;

·                     a document on accommodation by courtesy;

·                     a document in proof of ownership of the residential property, by means of a certified copy of title deed issued within 30 days to date;

·                     a valid letter of invitation with an official certificate affixed;

·                     documentary evidence to verify the reservation of accommodation and payment;

·                     a notarised statement made by a family member with the right of residence in Hungary as holding a long-term visa or residence permit, with immigrant or permanent resident status, holding a residence card or a permanent residence card in accordance with specific other legislation, or with refugee status, promising lodging to the applicant; or

·                     a real estate sales contract and a copy of the decision of the competent Budapest or county government agency granting permission for the acquisition of a real estate property;

·                     other documents.

DOCUMENTS PROVING THE EXISTENCE OF COMPREHENSIVE HEALTH INSURANCE

Enclosed with the application for residence permit the applicant shall provide proof of having access to comprehensive health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement), or that he/she has the necessary financial resources to cover the costs of such services.

DOCUMENTS EVIDENCING THE CONDITIONS OF EXIT

The conditions of exit may be verified by

·                     a valid passport or the permits necessary for the third-country national for returning to his/her country of origin, or to the country he/she indicates;

·                     and a valid ticket for departure, or sufficient funds to purchase such a ticket, or a means of transport lawfully used by the third-country national.

Enclosed with the application the third-country national is required to provide a statement undertaking the commitment of voluntary departure from the territory of the Member States of the European Union if the application is refused.

During the procedure, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case, and may take further procedural steps as well. The administrative time limit shall not include the length of time between the receipt of the notice for remedying deficiencies until the time of compliance.

After the application is submitted the applicant or his/her representative shall be able attach documents by way of post or electronically. In case the application has been submitted electronically, the notification for remedying deficiencies and the provision of missing documents will be carried out electronically as well.

VALIDITY PERIOD

The validity period for the White Card is maximum one year, and it may be extended once for the same purpose by maximum one additional year.

ACCRUED RIGHTS AND OBLIGATIONS

·                     A third-country national holding a valid residence permit has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one hundred and eighty day period.

·                     Third-country nationals shall certify the fact of registering the place of accommodation with the proof of registration received upon notification of the place of accommodation. Third-country nationals are required to retain the proof of registration and to carry it at all times. When relocating, third-country nationals shall notify the immigration authority electronically upon registration on the electronic platform of the immigration authority for procedure initiation within three days.

·                     Third-country nationals are obliged to report without delay to the immigration authority [the regional directorate of the National Directorate-General for Aliens Policing, any police station, or the competent Hungarian diplomatic or consular mission when staying abroad] if their travel document or residence permit is lost, stolen or destroyed. The immigration authority shall confirm receipt of such report in writing. The immigration authority shall be immediately notified in the event that a travel document, which was presumed lost and reported as such, is found subsequently.

·                     A third-country national holding a White Card is obliged to notify the aliens policing authority of the termination of his/her employment or business activity in a country other than Hungary within five days of the date of termination.

No residence permit may be issued to a family member of a third-country national holding a White Card on the grounds of family ties.

WITHDRAWAL OF A WHITE CARD

A White Card shall be withdrawn by the immigration authority if the third-country national

• ·does not fulfil the conditions for the issue of the White Card or where there are grounds for exclusion,
• ·has left the territory of Hungary for a period exceeding 90 days, or
• ·works for or in the interest of a Hungarian employer, engages in gainful employment or acquires a share in a Hungarian company.