INFORMATION

on

Residence permit for guest self-employment

1. 1)Which third-country national is eligible to be granted a residence permit for guest self-employment?

A residence permit for guest self-employment may be granted to a third-country national

1. a)who wishes to perform independent gainful activities (e.g. as a self-employed person)
2. b)who wishes to undertake act as a chief executive of a business organisation, cooperative or other legal entity established for the purpose of gainful activity (hereinafter referred to as business organisation)
3.  

If you wish to carry out actual work in the company beyond the scope of activity described in b), you must submit an application for a residence permit for employment (for more information click here) or a Hungarian Card as a highly qualified worker (for more information click here).

Please note that if you are a holder of a residence permit issued for the purpose of guest self-employment, you cannot apply for a residence permit for employment in Hungary or for a Hungarian Card.

Definition of third-country national:

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

If you are not allowed to enter the territory of Hungary visa free, your application for the issuance of a residence permit is to be submitted outside of Hungary. 

Your application may also be submitted only outside of Hungary, if you are allowed to enter the territory of Hungary visa free but you were a holder of a residence permit for guest self-employment, and the validity of your document expired; i.e. you are not applying for the issuance of a residence permit for guest self-employment for the first time.

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 the country where you are staying legally in case you can 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, during your legal stay you may submit an application for the first time issuance of a residence permit for guest self-employment within the territory of Hungary as well.

Application submission in Hungary is available:

• ·if you are a holder of a valid extended residence permit for guest self-employment, due to which the approved time of residence, maximised in three years by law, is about to expire.

Please note that in such a case, application submission is only available at least 40 days prior to the date of expiry of the residence permit concerned.

• ·if you are a holder of a valid residence permit for the purpose of seeking a job or starting a business.

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 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.

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

Applications for the extension of a residence permit for guest self-employment may only be submitted by the procedure initiation platform of Enter Hungary, which is available by clicking here.

Please note that extension of a residence permit is only possible for a period not exceeding 3 years from the date of first issuance of the permit. If you wish to reside within the territory of Hungary with a residence permit for guest self-employment longer, you may submit an application for the issuance of a residence permit in Hungary at least 40 days prior to the date of expiry of your residence permit.

Furthermore, 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 self-employment 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.
• ·you have fulfilled your regular reporting obligation to the immigration authorities after the residence permit has been issued.

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.

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, 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:

• ·registration number of the self-employed person,
• ·small-scale farmer/producer certificate,
• ·detailed declaration of business activity,
• ·contract of services, business or user contract concluded as a private individual,
• ·any other credible evidence.

If gainful activities are performed as a registered self-employed person, the following documents may serve as proof of the purpose of residence:

• ·a certificate from the tax authority stating that the annual income from self-employment exceeds the current minimum wage 24 times and
• ·a certificate stating that you do not owe any taxes or contributions.

One of the following must be proved if you perform gainful activities as a chief executive of a business organisation:

• ·the business organisation has been legally employing at least five Hungarian nationals or persons with the right of free movement and residence on a full-time basis for at least six consecutive months without interruption, or
• ·your residence in Hungary is essential for the operation of the business organisation and, based on your detailed declaration of business activity attached to the application, it is likely that you shall generate an income sufficient for the subsistence of the business company.

The detailed declaration of business activity must be supported by credible evidence, in particular a business contract, contract of services, agreement, sales contract, purchase contract.

If gainful activities are performed as a chief executive of a business organisation, the following documents may serve as proof of the purpose of residence:

• ·certificate from the tax authority, according to which the business company has no tax and contribution debts and is not subject to enforcement or liquidation proceedings, and
• ·the company has fulfilled its obligations to register all employees with the immigration authority and to pay taxes and contributions.

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 document on regular income issued by the tax authority,
• ·any other credible evidence (e.g. minutes of the meeting of members on income, a detailed declaration of business activity)

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 visa entitling the applicant to receive his/her residence permit is a single-entry visa authorising a stay of not more than 30 days and is 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.

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

The validity period of the document is maximised in 1 year, which can be extended for the same purpose not exceeding 2 years, but can not be more than 3 years from the date of first issueance.

Please note that the validity period of the residence permit must be determined so that the travel document of the third-country national remains valid for at least 3 months at the end of the authorized stay.

1. 9)Further information

• ·Regular reporting obligation

Foreign nationals holding a residence permit issued for the purpose of guest self-employment shall be subject to the regular reporting obligation laid down by the NDGAP. You can do this via Enter Hungary, by completing and sending the regular declaration for this purpose, or by using the application for this purpose.

Pease note that if you state an untrue fact or circumstance in your reporting obligation, it will be evaluated by the NDGAP during the procedure for revoking or extending the residence permit.

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

During the validity period of the 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

For a period of 1 year from the date of issue of a residence permit for guest self-employment, family members of a third-country national who is a holder of or an applicant for a residence permit for guest self-employment may not be granted a residence permit for family reunification, except for residence permits that are re-issued after 3 years.

• ·Long-term residence

Third-country nationals who are holders of a residence permit for guest self-employment 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.