Tag Archive for: permanent residence

Understanding Immigration Regulations in Hungary

An Overview of Immigration Regulations in Hungary, Effective January 1, 2024

The previous immigration law was replaced by a new law on January 1, 2024. The implementation of the new rules is not immediate; it occurs gradually. In cases initiated until December 31, 2023, the old regulations still apply, while the new regulations apply from March 1, 2024.

Between these two dates, the processing of residence and settlement cases, as well as the submission of applications, is suspended. From March 1, 2024, only applications according to the new rules can be submitted, but previously submitted applications will be evaluated based on the old immigration law. During the suspension period, the validity of expiring permits is extended until April 30, 2024.

Those who hold a temporary residence certificate (ITI) with respect to an ongoing permit procedure will have to attend the Immigration Office in order to extend expiring temporary residence certificates.

Changes in Immigration Regulations in Hungary

The new law introduces new types of permits, and at the same time, the general “miscellaneous purpose” or “other type” permit is abolished. Every residence permit is now tied to the residence purpose and legal basis directly specified in the law, e.g. digital nomad (White Card), medical treatment, etc. In the future, it will not be possible to issue a residence permit with a general “other” purpose, lacking a specific purpose defined in the law.

“Guest Worker” Permits

The law distinguishes between permits for work purposes, specifically between permits for work in occupations requiring higher qualifications and those known as “guest worker” permits, which allow work in professions requiring lower qualifications.

Generally, family reunification residence permits cannot be associated with the latter “guest worker” permits, and they do not entitle the bearer for settlement (permanent residence) in Hungary. Additionally, they can only be extended for a limited period (up to a total of three years). After this period, the permit cannot be extended, and instead, a new application is required. The detailed regulations for this are not yet known.

The concept of a “guest worker” encompasses various types of residence permits, generally targeting employment that does not require a high level of qualification. This includes the seasonal guest worker residence permit, the residence permit for guest workers employed for the purpose of execution of investment projects, the residence permit for employment purposes, and the guest worker residence permit.

Guidance for Employers

The previous work-purpose residence permit is now mostly equivalent to the employment-purpose residence permit.

The guest worker residence permit understood in a narrower sense, can be applied for employment by specified employers, from countries defined by law, and in occupations as specified by law.

The employment permit issued for the purpose of the implementation of investment projects is aimed at employment by employers who implement an investment as defined in an agreement with the government.

For employment in professions requiring higher education, in addition to the former EU Blue Card, the new Hungarian Card is also suitable, specifically for professions defined in separate legislation.

Citizens of Ukraine and Serbia can obtain a National Card for the purpose of employment in professions specified by legislation.

“Golden Visa”

From July 1, 2024, the so-called guest-investor visa and residence permit (“golden visa”) will be available, allowing a residence of 10+10 years for a minimum real estate fund investment of 250,000 Euros. The detailed regulations for this are not yet known.

In addition to a real estate fund investment of 250,000 euros, there will be a possibility to obtain such a visa or residence permit through a real estate purchase of 500,000 Euros or a grant provided to a designated higher education institution in the amount of 1,000,000 Euros.

The former residence permit for income-generating purposes (“gainful activities”) corresponds to the guest-self-employed residence permit.

A third-country citizen may not receive a residence permit for family unification purposes if the person to be joined as a family member holds one of the following residence permits:

  1. Guest self-employment residence permit (held for less than one year)
  2. Seasonal employment-purpose permit
  3. Permit for employment for the purpose of investment project implementation
  4. Employment-purpose permit
  5. Guest worker residence permit
  6. White Card
  7. Study-purpose permit
  8. Internship-purpose permit
  9. Residence permit for voluntary activities

The actual implementation of the new legislation is expected to be accompanied by the creation of numerous executive decrees and additional regulations containing detailed provisions. Currently, there is no information available about these, but they are anticipated to cover the precise procedural guidelines, the documents usable and required in the procedures, as well as additional conditions and circumstances that may influence the application process.

Employer Responsibilities

Employers hiring guest workers must be prepared for several new obligations. They need to register themselves, pay registration and employment fees, and ensure that an employee whose employment or residence rights have ceased actually leaves the country.

Failure to fulfil these obligations, if the employer does not act as generally expected in a given situation, can result in a fine of 5 million forints, and they may also be responsible for covering the costs associated with the deportation of the third-country national.

Employers are advised to seek further guidance on such obligations related to the employment of third-country citizens from the expected further legal regulations and related authorities to be regulated in detail in the expected but not yet available new legislation (including executive orders and further related government decrees).

Hungarian Immigration:

A new immigration law will come into effect on 1st January 2024 in Hungary, but all procedures will be halted between 1st January and 29th February 2024, and most of the new regulations will only be applicable from 1st March 2024.

Until 29th of February 2024 current regulations will also be applicable. During this time, no permit requests may be submitted.

All residence permits and settlement permits that expire between 2024-01-01 and 2024-02-29 are automatically prolonged until 2024-04-30 by the force of law.

Procedures started before 2024-01-01 will be judged under the old regulations.

If an application is submitted electronically, it is considered as having been started if the administrative fee is paid until December 31, 2023.

This will also apply to new applications for residence permits, residence cards, and EU registration cards, which will only be accepted if they are in the national interest, which means the government has mandated that the application is needed. Therefore, new applications can only be submitted from 1st March.

Please stand by for further updates.

It’s only 19th January 2021 as I write this short article and I believe I have spoken to more than 20 members of the UK expat community, both before and after midnight on 31st December, when us Brits completed our journey out of the EU.

What started out as curiosity to see what the process would be this year, rapidly developed into confusion and in some few cases satisfaction as I was variously asked about a horribly long and complex process, whether a CV or negative criminal record document would be required, to the happy folk who contacted me just to let me know that they had succeeded in making their applications in the first week of January.

As I believe I’m the only owner of an immigration compliance company in Hungary who is also a UK citizen, you could say I have a vested interest in this subject and for the past couple of weeks I’ve asked a range of expat Facebook group members and email enquirers to hold off, while my immigration team put together my application and submit it, hopefully this week.

Based on the preparation my immigration team has done, we have put together a text that should allow anyone who wants to, to complete the process alone. Of course if anyone does want our professional support then they can contact us at [email protected] and we will happily take the stress out of the process. The following is what we have put together:

National Permanent Residence Permit for UK citizens holding a registration certificate or permanent residence card on 31.12.2020

Documents needed:

  • Passport
  • Registration card or permanent residence card
  • Address card

Additional required personal data:

  • Email and phone number
  • Mother’s maiden family name
  • Mother’s first name
  • Your professional qualification
  • Highest level of education (high school degree, BA, BSC, MA etc.)
  • Permanent address before coming to Hungary (country, city and street)
  • Beginning of uninterrupted lawful residence in Hungary:
  • Hungarian address
  • Have you ever been convicted of any crime?: yes/no
  • Is there any criminal proceeding in progress against you before a Hungarian or foreign authority?: yes/no
  • In addition to the above, have you been convicted by a Hungarian authority for violation of law, especially for offence?: yes/no
  • Have you already been expelled from Hungary or from other countries?: yes/no
  • Do you have any debt in your homeland or in another country?: yes/no
  • Do you have a maintenance obligation (parent, child, spouse)?: yes/no
  • Are you aware of suffering from HIV/AIDS, hepatitis B, lues, leprosy, typhoid fever infectious diseases requiring treatment, or do you carry the pathogens of HIV, hepatitis B, typhoid fever or paratyphoid fever?: yes/no

This is the data marked compulsory to fill on the Enter Hungary platform in order to submit an application, but according to the authority a new application form will be created by them most likely containing even less information.

As of Friday 15th January, this was on the government website:

‘The online application platform specifically provided for the beneficiaries of the Withdrawal Agreement on the online application system ‘Enter Hungary’ is currently under development, we kindly request your patience until it is available.

Submitting an application for a national permanent residence permit or a residence permit for frontier workers is available on Enter Hungary until the above mentioned platform is available.’ (link)

The following are instructions about how to enter the government site and submit your application.

The request can be submitted via the Enter Hungary online platform. The platform can be accessed via this link:https://enterhungary.gov.hu/eh/ and can be set to English.   Please kindly click on the ‘sign in’ option in the top right corner. When registering, the ‘I act as a private individual, in my own case’ should be chosen when submitting one’s own application.

Detailed guide after logging in

After logging in, you should go to my cases menu option and click on the green ‘new application’ button, where the following category should be chosen: permanent residence permit (settlement) then Application for EC/national permanent residence permit (settlement).

When submitting an application for a national permanent residence permit, the ‘yes’ option should be selected at the ‘I declare that the procedure is exempt of fee’ section.

Then the above-mentioned personal data should be filled to the data sheet and moving on, the abbreviation ‘WA’ should be indicated in the data field for ‘DETAILED CV’.

The following documents should be submitted in the file attachments possibility:

  • Passport (only the data page)
  • Registration certificate
  • Address card
  • In case applicable: power of attorney

After submitting the application, the system will generate an application form that should be signed and then the scanned document must be uploaded to the case. This application form should be present at the personal attendance as well as in other cases, the authority asks for the original.

There is a compulsory personal attendance at the authority that must happen within 15 CALENDAR days from the date of submitting the application. According to the information from the authority, this can happen at any given customer service, but only with an appointment due to the current COVID measures.

This is only an appointment where the applicant’s biometrics data (fingerprint and photo) will be taken. Passport, registration certificate, address card and the signed application form should be present in original.

Again, if this seems too much to handle, or if you are not sure you qualify, don’t panic! Just drop us a line at [email protected] and I or one of my team will be happy to assist you.

By Stuart McAlister,
Managing Director, Inter Relocation

The new Hungarian law relating to Brexit has now been published. Hereby we are sharing a summary of how this law impacts UK citizens:

For UK citizens and their third country citizen relatives, due to Brexit, for residence and employment procedures started after 1st January 2021 – with the exception of circumstances listed below – Immigration compliance laws related to Non-EU/EEA citizens shall be applied.

Registration cards, permanent residence cards

UK citizens’ registration cards, permanent residence cards, third country relatives’ residence cards and permanent residence cards are considered to be valid until end of next year, 31st December 2021.

Permanent residence

UK citizens and their third country citizen relatives holding a valid travel document, and a registration card, residence card or permanent residence card may apply for a national settlement (permanent residence) permit in a simplified procedure during the course of 2021.

The following conditions are not investigated during the application:

  • place of residence and income
  • health insurance
  • uninterrupted three-year prior residence
  • one-year stay (as a supported ancestor)
  • two-year marriage with a Hungarian citizen (for spouse)
  • previous Hungarian citizen
  • minor child of settled person or refugee
  • settlement being in harmony with the interest of Hungary

Those applications where the applicant’s residence threatens public or national security or are under entry or stay ban, or ISIS warning notification about them in the police system, will be rejected.

  • Same applies if the applicant provides false data, makes untrue statements, or deceives the authority.
  • Citizens having a criminal record will not receive a settlement permit either.
  • Adjoint authorities participating in the decision-making procedure must provide their opinion within 15 days.

Good news for British citizens who can credibly prove that they were living in Hungary prior to 1st January 2021, but do not hold a registration card yet. They may still request a national settlement permit.

Residence permit for employment

UK citizens having an employment relationship in Hungary prior to 31.12.2020, if the employment relationship is still existing at the time of submitting the request, and if their place of residence or accommodation is outside of Hungary, may request a residence permit for employment without the investigation of the following conditions:

  • accommodation in Hungary
  • financial cover
  • health insurance/cover

The above is applicable to those, who had been conducting a private enterprise in Hungary, allowing them a residence permit for gainful purposes.

The above two types of requests may be submitted until 31st March 2021.

For further information please, contact us at the following
Phone number: +36 1 278 5680
Email address: [email protected]
or contact your local Inter Relocation consultant.