INFORMATION

on

Residence permit for Hungarian Card

1) Which third-country nationals shall be granted a Hungarian Card?

A Hungarian Card may be granted to a third-country national

• ·whose purpose of residence is to perform actual work for or under the direction of others, for remuneration, under contract for employment relationship,
• ·who, as an owner or managing director of a company, association or other legal entity- established for gainful activities-, performs actual work in addition to the activities falling within the scope of this activity.
• ·the Hungarian Card may also be issued to third-country nationals with higher professional qualifications who are employed in Hungary on the basis of an agreement concluded between an employer established in a third country and a domestic employer in order to fulfil an agreement.

Even if the above requirements are fulfilled, third-country nationals may only be granted a Hungarian Card, if they:

• ·have a professional qualification specified in the Decree by the minister responsible for higher education,
• ·are a professional sportsman/woman or a professional coach,
• ·are a performer, or
• ·work for a film production company registered by the competent authority for cinematography and by the Act on motion picture.

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. 1)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.

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 during your legal stay in Hungary, within the territory of Hungary as well.

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 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

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 for 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.

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.

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 NDGAP by the time of submission.

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:

• ·a preliminary agreement or a valid work contract established for an employment requiring higher professional qualification and
• ·a certificate of higher education or professional qualifications required for the job specified in the preliminary agreement or work contract (this is not required if you are applying as a professional sportsperson, professional coach, performer or film producer).

If the Hungarian employment was established on the basis of an agreement concluded between an employer established in a third country and a domestic employer in order to fulfil an agreement, the following documents must be attached besides the above mentioned

• ·the agreement between an employer established in a third country and a domestic employer for the purpose of the third-country worker's employment in Hungary.

If you apply for a Hungarian Card because you perform actual work in relation to the activities of a company, cooperative or other legal entity -established for gainful purposes- as an owner or an executive officer, the competent authority may request additional documents to confirm the operation of the company, in particular:

• ·a detailed statement of the economic activity,
• ·an enterprise contract,
• ·contract of assignment, agreement,
• ·contract of sales, purchase contract,
• ·a certificate from the tax authority stating that the company is not liable for taxes and contributions, it is not subject to execution or liquidation proceedings,
• ·certificate that the company has fulfilled its obligations relating to the declaration of all its employees to the immigration authorities and the payment of 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 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,
• ·a certificate by the applicant’s employer declaring that the employer will provide for the applicant’s place of accommodation.

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

• ·If the applicant is a minor documentary evidence must be submitted as proof that his/her parent or legal guardian has consented to his/her stay in Hungary. The parental consent must be provided in a private or authentic instrument with full probative value with a translation into Hungarian or English language.
• ·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)Other information in relation to the procedure

Applications for the issuance/extension of a residence permit for Hungarian Card are examined under a single application procedure.

For detailed information on the single application procedure, please click here.

1. 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.

1. 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.

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. 9)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 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. 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.