Government Decree no. 450/2024
Changes regarding employment with a residence permit for guest workers and residence permit for the purpose of employment
We inform our esteemed clients that the Government
Decree no. 450/2024 (of 23 December) on the employment of guest workers in
Hungary (hereinafter referred to as Government Decree) was published in the
Hungarian Official Journal No. 135 of 2024, on 23 December 2024. The Government Decree shall come into force
on 1 January 2025.
I.
1.) From 1 January 2025 – taking into account the
exceptions listed in Point II – nationals of the following countries can be
employed in Hungary with a residence permit for the purpose of employment and a
residence permit for guest workers listed in Annex 1 of the Government Decree:
·
Georgia
·
Armenia
2.) According to the Government Decree, nationals of
other third countries can also be employed in Hungary with a residence permit
for the purpose of employment or a residence permit for guest workers, if the
respective country has an organization or office in Hungary, officially
recognised by the country, that commits to guaranteeing that its national
leaves the territory of Hungary and returns to the given country in case of noncompliance
with legislation of Hungary and the European Union on the admission and
residence of third-country nationals. The Minister responsible for foreign
policy shall publish the list of these countries in a Communication included in
the Official Bulletin, annexed to the Hungarian Official Journal.
II. Otherwise specified
1. In
case of residence permits for guest workers, Annex 1 of Government Decree no. 180/2024
(of 8 July) shall apply (regarding nationals of the Philippines, the Republic
of Indonesia, the Republic of Kazakhstan, Mongolia, the Socialist Republic of
Vietnam, the Federative Republic of Brazil, Georgia, the Kyrgyz Republic, the
Bolivarian Republic of Venezuela, and the Republic of Colombia) which is in
force until 31 December 2024:
to the
processing of
a) applications
for the subsequent issuance of a residence permit for guest workers submitted following
1 January 2025 by a third-country national who are holders of a valid residence
permit for the purpose of employment (‘munkavállalás célú tartózkodási engedély’)
as of 31 December 2024, issued under Act II of 2007 on the Admission and Right
of Residence of Third-Country Nationals (hereinafter referred to as Act II of
2007);
b) applications
for the re-issuance or extension of a residence permit for guest workers submitted after 1 January 2025 by a third-country national who are holders of a residence
permit for guest workers as of 31 December 2024; and
c) applications
for the issuance of a residence permit for guest workers that are ongoing as of
31 December 2024.
2. In case of applications for the issuance of residence
permits for the purpose of employment, Government
Decree no. 450/2024 (of 23 December) shall not apply:
to the
processing of
a) applications
for the issuance of a residence permit for the purpose of employment (foglalkoztatási
célú tartózkodási engedély) submitted following 1 January 2025 by a third-country
national who are holders of a valid residence permit for the purpose of
employment (‘munkavállalási célú tartózkodási engedély’) as of 31 December 2024,
issued under Act II of 2007;
b) applications
for the extension of residence permits for the purpose of employment (‘foglalkoztatási
célú tartózkodási engedély’) submitted following 1 January 2025 by a third-country
national who are holders of a valid residence permit for the purpose of
employment (‘foglalkoztatási célú tartózkodási engedély’) as of 31 December
2024; and for the subsequent issuance of the abovementioned residence permit; as
well as
c) applications
for the issuance of residence permits for the purpose of employment (‘foglalkoztatási
célú tartózkodási engedély’) that are ongoing as of 31 December 2024.
Please note that a procedure initiated based on an
application for a residence permits for guest workers or a residence permit for
the purpose of employment recorded through the case initiation interface of the
immigration authority (EnterHungary) shall be considered ongoing if the
respective procedural fee is paid by 31 December 2024, at the latest.
In addition, please be informed you that applications
for residence permits for the purpose of employment submitted to and received
by the consular officer by 31 December 2024 shall be considered ongoing.
III. We inform our esteemed clients that the abovementioned changes do not affect procedures related to residence permits for the purpose of investment or seasonal employment.
