INFORMATION

on

Residence permit for the purpose of medical treatment

1. 1)Which third-country nationals are eligible to be granted a residence permit for the purpose of medical treatment?

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

• ·who plans to stay in the territory of Hungary for the purpose of receiving medical treatment;
• ·accompanying his/her minor child or any family member in need of support for receiving medical treatment in the territory of Hungary.

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.

Definition of family member:

• ·The third-country national or his/her spouse of Hungarian citizenship,
• ·the third-country national's minor child with his/her spouse (including adopted and fostered children),
• ·a third-country national's dependent minor child (including adopted and fostered children), over whom the third-country national exercises parental custody,
• ·the dependent minor child of the third-country citizen or his/her spouse of Hungarian citizenship (including adopted and fostered children), over whom the spouse exercises parental custody,
• ·a person who has the right of parental custody over the minor Hungarian citizen, exercises the right of parental custody, and lives in the same household as the Hungarian citizen

qualify as a family member.

1. 2)Where can clients submit their applications?

1. 1)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 and you are not a holder of a residence permit, 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 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 ofEnter 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.

1. 2)Application for the extension of a residence permit

Submission of applications for the extension of a residence permit for the purpose of medical treatment 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 the purpose of medical treatment 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 for the purpose of medical treatment 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.

In case of application submission in person, you may be exempted from the obligation to appear in person only if you are unable to appear in person due to medical conditions.

Instead of an applicant with limited legal capacity or an incapacitated minor, the application is to be submitted by the applicant’s legal representative; however, if (s)he has reached the age of six, the minor applicant is required to appear in person when the application is submitted.

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 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

Medical treatment, as the purpose of stay, may be verified by the following documents:

• ·formal statement from the host medical facility on the medical treatment provided;
• ·for accompanying family members, an official document proving the family relationship between the family member and the person accompanied.

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 declaration on undertaking provision of support for care and maintenance of the applicant by the family member of the applicant drawn up in form of a notarial deed, and a document proving that the person undertaking the support of the applicant is capable of the provision of support for the applicant,
• ·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

• ·In case the applicant is a minor, it must be proven that the parent or legal representative of the minor consented to his/her stay in Hungary. The parental consent must be included in a private document or a public document with full evidential force, as well as provided with a Hungarian or English translation.
• ·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 case of minor applicant, it is 8 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 the document can only be received in person at the regional directorate of NDGAP in case you are not in the 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?

The validity period of the document is determined by the length of the medical treatment, but is maximised in 2 years, which may be extended on occasions by the length of the medical treatment to a maximum period of 2 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

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

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

• ·Long-term residence

Third-country nationals who are holders of a residence permit for the purpose of medical treatment 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.