The most typical type of residence permit, of which most are issued in Hungary, is a work and study permit.

For residence permits for work purposes, the most basic documents are required:

• Prior agreement, NOT Employment contract
• Notification of labour demand
• business register

These two documents are the responsibility of the employer. In the event of failure to declare the need for labour, the National Directorate General for Aliens will take a negative decision. The reason for this will of course be the absence of the consent of the Government Office, which is required for all residence permits for work purposes.

114/2007 (V.24.) Government Decree § 72/H. ^*  (1), the provisions of § 31, § 32 (a), § 33, § 36, § 41-48, § 49 (1) and § 50-55 shall apply to the submission and assessment of applications in the consolidated application procedure. ^* 

(2) ^*  In the consolidated application procedure, the Government shall designate the government office competent for the place of employment as the competent authority in the first instance procedure, and the Minister responsible for the employment of third-country nationals in Hungary as the competent authority in the second instance procedure, except in the cases specified in paragraph (3a), for the purpose of determining whether the employment of a third-country national in Hungary is supported. ^* 

(3) ^*  Notwithstanding paragraph 2, if ^* 

a) ^*  the work may, by its nature, cover the territory of several counties, the government office of the place where the work is to begin,

b) ^*  if the third-country national is to be employed in several places of business of the employer in different counties, the government office where the employer is established

acts.

Pursuant to Article 17 of Government Decree 445/2013 (XI.28.), the competent Government Office shall, upon request of the National Directorate General for Aliens, issue a statement by the competent authority on whether or not it supports the employment of the applicant in Hungary in the job specified in the preliminary agreement.

Pursuant to Section 19 (1) of Government Decree 445/2013 (XI.28.), the Government Office supports the employment of third-country nationals in Hungary in the job specified in the preliminary agreement if:

1. if the third-country national has the professional qualifications required for the job specified in the prior agreement,
2. the employer has a valid declaration of labour needs for the activity to be carried out,
3. has not been assigned a worker who is registered as a jobseeker and who meets the conditions set out in the employer’s labour claim after the labour claim was notified,
4. the third-country worker fulfils the conditions of employment stated in the job application.

Pursuant to Section 15 (1) of Government Decree No 100/2021 (27.II.), the public employment service shall provide job placement services for the employer if the employer

(a) has notified his/her need for staff in the manner provided for in this Regulation,

b) requests job placement, and

c) undertake to.

(ca) receive persons presenting themselves with a placement card issued by the public employment service and certify the result of the placement on the placement card, and

cb) receive the representative of the public employment service and inform him/her of the conditions of employment.

(2) The public employment service shall issue a placement card in the course of job placement only to a service applicant for whom the employer who has declared a need for labour has supported the issue of the placement card in a prior agreement.

A common error is the employer’s failure to enter the correct FEOR code when submitting the application. A typical case, for example, is for workers from Kosovo who have the right qualifications but cannot prove the number of hours worked in the occupation. In this case, it is also possible to submit a new application by filling in the relevant information. The register of companies is necessary for the procedure because it certifies the signatures of the person or persons entitled to sign the preliminary agreement when the validity of the agreement is being verified.

• Proof of Hungarian address (Rental contract)
• Address declaration form signed by the owner(s)
• Property sheet review

I think it is important to share the cases where the employee concludes a rental contract or the employer provides the accommodation. A common mistake in this case is also when a company or business enters into a rental contract and fails to include the employee as a contracting party or user. Where appropriate, a ‘stroke of the pen’ can be used to rectify the problem, but it is not exactly cost-effective.

Viewing the title deed or uploading the title deed if available is not mandatory, but recommended. It will significantly speed up the process. In case you have a client account, you can download it electronically 2 times a year, free of charge and without queuing.

• Passport

It is not sufficient to scan the completed parts to submit, all pages must be uploaded.

• photo (photo ID)

It is important to note that photos of inappropriate size and unsuitable for editing are unacceptable. A portrait with a white background is always required, allowing at most the shoulders to be seen, neglecting large smiles and grimaces.

• documents proving your qualifications

Only Hungarian-language certificates of diplomas, diplomas and vocational certificates issued in languages other than English will be accepted by the National Translators’ Office.

• Power of Attorney

This is essential if you hire a lawyer or law firm.

When collecting the document, it is important to indicate whether you wish to collect the residence card by post or in person. In the case of a lawyer or law firm, a separate document must be signed by the client (3rd country national) indicating the person authorised to receive the card. A copy of the identity card or other document of identification of the person authorised to receive the card must be attached. (This person is not the lawyer but a candidate or candidates then the identity of the lawyer and the candidate must also be provided.)

Key employers are defined as workers who employ more than 50 third-country nationals.

Typically, the time limit is 30 days. The time limit does not include the time when the National Directorate General for Aliens asks the client to fill in the missing information. The time limit for completing the application is usually set by the administrator depending on the type of document to be submitted. The only case in which the time limit is not at the discretion of the administrator is the payment of the procedural costs. There is a strict 8-day time limit to justify this. There are two ways of paying the procedural costs:

• by post, i.e. by cheque or
• electronically by credit card at the same time as the submission

It is important to stress that electronic payments are the most efficient. In the case of payment by postal cheque, the cheque must be made part of the file in scanned form and the original must be sent to the authority by post only. It is a more complicated and complex process than electronic payment.

How long can a third-country national stay in Hungary for work purposes?

The answer is 2 years. In any case, the National Directorate General for Aliens will only grant the right for two years, which can of course be extended. It follows directly from this that a prior agreement with a foreign worker is always a fixed-term contract. It can of course be extended for a further 2 years.

In only one case will the authority not grant the entitlement to be held for 2 years. When the validity of the foreign national’s passport is shorter than the period of intended stay in Hungary.

Procedural fees:

• 24.000 HUF

Replacement and exchange of residence permit for employment purposes

A third-country national may lose (or have stolen) his or her residence card. It is possible to replace it, but on condition that a police report is made and a certificate is obtained, it is possible to apply for a new card, which is not free of charge. It is important to note that it is advisable to make a photocopy or take a photograph of the permit, as you will need it for the procedure.

In the case of replacement, the authority will cancel the damaged, broken or smudged residence cards and issue a new one. No police report is required.

Extension of residence permit

The basic documents are the same as those required when applying for a residence permit. What must accompany the application is the existing residence permit.

Change of address

In all cases, the authority must be informed.

The fee for the renewal of a residence permit is HUF 23,000.The application must be submitted 30 days before the expiry date of the card (which is the last deadline). For whatever reason the employer or employee has failed to do so, it is only possible by submitting a request for a validation in writing in his/her own hand. The procedural fee in this case is HUF 39,000.

The employer is obliged to notify the authority if the employment of the foreign national ceases before the expiry of the residence permit.

Once the request has been submitted, the client will receive an automatic message confirming the acceptance of the request. On receipt of the next message, which will inform about biometric enrolment, the applicant will have to visit the authority in person, where fingerprints and a photograph will be taken.

Residence permit for study purposes

In the case of higher education, there are two types of cases, depending on whether someone is studying on a scholarship or applying for a residence permit for study purposes to the National Directorate General for Aliens.

Scholarship:

• Photo
• passport (full)
• health insurance
• last 6 months bank account statement

Only and only if the bank account is in the name of the customer will the National Directorate General for Aliens be accepted. Here they check whether the foreign national has sufficient financial resources. If the amount is not sufficient, a declaration from parents or even grandparents that they will support the student financially may be attached. A bank account statement must of course be attached to the basic contract. The office will also accept proof of savings.

• Proof of residence in Hungary

It depends on what we mean by this, whether someone has applied for and received accommodation in a hall of residence, or rents a property or a room. The certificate of residence must be requested from the educational institution. In the case of renting a property, it is advisable to sign a contract for the duration of the stay for which you have applied. A residence registration form signed by the owner(s) must be uploaded with the contract. A non-certified copy of the title deed – no more than 3 months old – is also recommended in this case.

• proof of student status

It is issued by the higher education institution or recorded in a database accessible to the Directorate-General for Aliens. Eligibility for residence will be determined by the duration of the scholarship. It is useless to have a 5-year course if the foreigner has only been awarded a scholarship for 4 years, but only up to that point. An extension is possible if a new scholarship is awarded.

For self-financing:

The same rates as for scholarship applications, but students studying in Hungary from abroad can receive a residence card for as long as they have pre-financed their studies.

It is important to stress that if the expiry of the passport precedes the training, a residence permit can only be granted for as long as the passport is valid.

Not for students in higher education, but for students in, for example, bachelor or secondary education:

In addition to the documents required for students studying at a higher education institution:

• a declaration by the parent or parents, countersigned by a lawyer or in a private document with full probative value, that they consent to their child’s stay in Hungary. This document must include all relevant personal details of the person who is responsible for the child, i.e. who is representing the child. If it is not in Hungarian, a certified OFFI translation must be attached.
• It is very important that if the parents are divorced, a court order that sole parental custody is vested in the parent who signed the deed. In case of death, the death certificate, certified OFFI translation.
• the parent(s) must include in the declaration that they have the means to provide and finance the basic care for their child.
• the child’s birth certificate, including a certified OFFI translation.

The processing time for residence permits for study purposes is 30 days.

• 24.000 HUF is the procedure fee
• free for scholarship holders

The submitted applications are examined by the National Directorate General for Aliens in accordance with Act II of 2007 on the Entry and Residence of Third-Country Nationals (Harmtv.), the Act on the Entry and Residence of Third-Country Nationals (Harmtv.), the Act on the Entry and Residence of Third-Country Nationals (Harmtv.), and the Act on the Entry and Residence of Third-Country Nationals (Harmtv.), issued in accordance with Decree 114/2007 (V.24.I of 2007 on the Entry and Residence of Persons with the Right of Free Movement and Residence and IRM Decree 25/2007 (31.V.2007) on the implementation of Act II of 2007 on the Entry and Residence of Third-Country Nationals.

Pursuant to Paragraph (1) of Article 13 of the Harmtv., a third-country national may enter Hungary for a stay exceeding ninety days within a period of one hundred and eighty days, and a third-country national may stay in Hungary for a period exceeding ninety days within a period of one hundred and eighty days if:

1. have a valid travel document,

have the necessary authorisation for return or onward travel,

3. provide proof of the purpose of your entry and stay,
4. you have a place of accommodation or residence in Hungary,
5. have financial resources to cover their accommodation and subsistence expenses for the entire duration of their stay, as well as the cost of their travel,
6. you are insured for the full range of healthcare or can afford to pay for healthcare,
7. you are not subject to expulsion or a ban on entry and residence, or your entry and residence do not endanger public policy, public security, national security or public health interests in Hungary,
8. is not subject to an SIS alert.

Pursuant to Article 47(7) of Government Decree No.114/2007 (24.V.2007), the applicant must present valid travel documents when submitting the application for a residence permit.

According to Section 29 (2) of Government Decree 114/2007 (24.V.2007), the purpose of entry and stay can be considered as justified if the applicant intends to stay in Hungary for the purpose or purposes specified in Sections 19-28 of the Harmtv. and if he/she provides documentary evidence of the reasons for his/her stay.

Question(s) concerning immigration law or residence permit?

We are happy to assist you!

dr. Farkas Gabriella / dr. Dobos István attorney at law

Contact us! dobos@doboslegal.eu Phone / Whatsapp: +3630-3088151

Legal background:

The objectives set out in Articles 19-28 of the Hrmtv:

19. § (1) ^*  A third-country national who is a third-country national holding a residence permit, immigration permit, permanent residence permit, temporary residence permit, national permanent residence permit or EC permanent residence permit, or a Hungarian citizen, or a family member of a person holding a residence card, permanent residence card or long-term residence card pursuant to a special law (hereinafter referred to in this § as a family reunification permit), may be granted a residence permit for the purpose of family reunification.

(2) A residence permit for the purpose of family reunification may be issued to. ^* 

a) a family member of the recognised refugee, and

b) the parent or, in the absence of such parent or parent, the guardian of the unaccompanied minor recognised as a refugee.

(3) Family reunification with a person recognised as a refugee shall not be refused on the sole ground that there is no documentary proof of the existence of the family relationship.

(4) For the purpose of family reunification, a residence permit may be issued to the sponsor or his/her spouse, or to a person recognised as a refugee ^* 

a) a dependent parent;

b) your brother or sister and your direct relative, if he or she is unable to look after himself or herself because of ill health.

(5) ^*  The spouse of a recognised refugee may be granted a residence permit for the purpose of family reunification if the marriage was contracted before the recognised refugee entered Hungary.

(6) ^*  The spouse of the sponsor shall not be granted a residence permit if the other spouse of the sponsor is in possession of a residence visa or residence permit issued for the purpose of ensuring family reunification.

(7) A family member shall be entitled to continued residence if he/she has not acquired the right of residence under any other title, if five years have elapsed since the first issue of his/her residence permit or in the event of the death of the family member or of the person recognised as a refugee, if the conditions of residence are guaranteed.

(8) ^*  A residence permit for the purpose of family reunification shall be issued to the child of a third-country national born on the territory of Hungary of a third-country national who is in possession of a national visa or residence permit.

(9) ^*  Period of validity of residence permit issued for the purpose of family reunification

(a) up to four years, which may be extended by up to four years on each occasion if the reuniter holds an EU Blue Card,

b) ^*  for a maximum of five years, which may be extended by up to five years on each occasion, if the family reuniter is a Hungarian citizen or holds an EC permanent residence permit issued pursuant to Section 38 (1) (b) of Paragraph (1), or

(c) except in the cases provided for in points (a) and (b), for a maximum period of three years, which may be extended on each occasion for a maximum period of three years.

(10) ^*  The period of validity of the residence permit issued for the purpose of family reunification shall not exceed the period of validity of the residence permit of the family reunifier. If the family reunifier holds an EU Blue Card, the period of validity of the residence permit issued for the purpose of family reunification shall be the same as the period of validity of the EU Blue Card of the family reunifier.

(11) ^*  The period of validity of a residence permit issued for the purpose of family reunification shall not exceed the period of validity of the applicant’s travel document, taking into account the provisions of paragraphs 9 to 10.

20. § ^*  (1) A third-country national whose purpose of residence is to earn an income may be granted a residence permit

(a) carry out an activity which is legally recognised as an activity which he/she may carry out independently for remuneration, or

b) ^*  in a case not covered by point (a), act as a manager of a company, cooperative or other legal person established for gain.

(2) A third-country national may be issued a residence permit for the purpose of employment,

(a) whose purpose of residence is to carry out actual work for or under the direction of another person, for remuneration, on the basis of an employment relationship, or

(b) who, as owner or manager of a company, cooperative or other legal person established for gain, carries out actual work in addition to the activities falling within the scope of this activity.

(3) The activities set out in paragraphs (1) and (2) shall be regarded as the pursuit of a gainful activity.

(4) Unless otherwise provided for by this Act, a third-country national may engage in gainful employment within the meaning of paragraphs (1) and (2) if he or she

a) ^*  a residence permit for seasonal employment,

b) a residence permit issued for humanitarian purposes,

c) ^*  a residence permit for the purpose of employment, gainful employment or work, family reunification, research or study, a long-term researcher’s or student mobility permit, a short-term researcher’s mobility certificate or a student mobility certificate,

d) ^*  EU Blue Card or

e) ^*  a residence permit issued for the purpose of intra-corporate transfer

has.

(5) ^*  Third-country nationals holding a residence permit for study purposes and a student mobility residence permit and a student mobility certificate may engage in gainful employment for a maximum of thirty hours per week during term time and for a maximum of ninety days or sixty-six working days per year outside term time on a full-time basis.

(6) The period of validity of a residence permit issued for the purpose of gainful employment shall not exceed three years, which may be extended for a period of up to three years on each occasion.

20. § ^*  (1) A third-country national whose purpose of residence is to earn an income may be granted a residence permit

(a) carry out an activity which is legally recognised as an activity which he/she may carry out independently for remuneration, or

b) ^*  in a case not covered by point (a), act as a manager of a company, cooperative or other legal person established for gain.

(2) A third-country national may be issued a residence permit for the purpose of employment,

(a) whose purpose of residence is to carry out actual work for or under the direction of another person, for remuneration, on the basis of an employment relationship, or

(b) who, as owner or manager of a company, cooperative or other legal person established for gain, carries out actual work in addition to the activities falling within the scope of this activity.

(3) The activities set out in paragraphs (1) and (2) shall be regarded as the pursuit of a gainful activity.

(4) Unless otherwise provided for by this Act, a third-country national may engage in gainful employment within the meaning of paragraphs (1) and (2) if he or she

a) ^*  a residence permit for seasonal employment,

b) a residence permit issued for humanitarian purposes,

c) ^*  a residence permit for the purpose of employment, gainful employment or work, family reunification, research or study, a long-term researcher’s or student mobility permit, a short-term researcher’s mobility certificate or a student mobility certificate,

d) ^*  EU Blue Card or

e) ^*  a residence permit issued for the purpose of intra-corporate transfer

has.

(5) ^*  Third-country nationals holding a residence permit for study purposes and a student mobility residence permit and a student mobility certificate may engage in gainful employment for a maximum of thirty hours per week during term time and for a maximum of ninety days or sixty-six working days per year outside term time on a full-time basis.

(6) The period of validity of a residence permit issued for the purpose of gainful employment shall not exceed three years, which may be extended for a period of up to three years on each occasion.

20/A. § ^*  (1) An EU Blue Card shall be issued to a third-country national who

a) ^*  meets the conditions set out in points (a), (d), (h) and (i) of paragraph (1) of Article 13, and there are no grounds for exclusion set out in paragraph (2) and points (b) and (d) of paragraph (1b) of Article 18,

(b) their employment is supported by law and in the interest of domestic employment policy,

(c) is insured for the full range of health benefits or has applied for such benefits for all periods during which he/she is not insured by virtue of his/her employment relationship, and

d) ^*  has declared a real address as accommodation in Hungary.

(2) You cannot receive an EU Blue Card:

(a) a third-country national who has applied for recognition as a refugee or has requested temporary or subsidiary protection from the determining authority;

b) ^*  who has been recognised as a refugee or granted temporary or subsidiary protection by Hungary,

c) the accepted,

d) a third-country national who holds a residence permit issued for the purpose of research,

e) a person with the right of free movement and residence as defined by a special law,

f) a third-country national who holds an EC residence permit issued by another Member State of the European Union certifying his/her long-term resident status,

g) ^*  a third-country national who has entered the territory of Hungary on the basis of an undertaking contained in an international agreement facilitating the entry and residence of certain categories of natural persons engaged in trade and investment,

h) ^*  a third-country national who is staying in Hungary with a residence permit issued for the purpose of seasonal work or who is performing seasonal work in another Member State of the European Union,

i) ^*  a third-country national covered by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, who is posted to the territory of Hungary.

(2a) ^*  The determining authority in proceedings concerning an application for an EU Blue Card shall take a decision on the merits within ninety days of the date of the application.

(3) The EU Blue Card shall be issued for a minimum period of one year. Where the employment contract is for a shorter period, the EU Blue Card shall be issued for a period exceeding three months of the duration of the employment relationship under the employment contract.

(4) The EU Blue Card is valid for a maximum period of four years, which may be extended by up to four years at a time.

20/B. § ^*  A third-country national who holds a residence permit issued by a Member State of the European Union for the purpose of highly qualified employment shall be issued with an EU Blue Card if

(a) has been legally resident in the Member State issuing the EU Blue Card for at least eighteen months; and

b) meets the conditions set out in points (a) to (d) of paragraph (1) of Article 20/A.

20/C. § ^*  During a period of two years from the date of issue, the EU Blue Card shall only be

(a) in the employment relationship giving rise to its issue, or

(b) it entitles you to work in an authorised employment relationship requiring a high level of qualification, on the basis of a consideration of the domestic employment policy interest.

20/D. § ^*  (1) A residence permit for the purpose of seasonal work may be issued to a third-country national whose purpose of residence is to perform seasonal work as defined by special legislation.

(2) A residence permit issued for the purpose of seasonal employment shall be valid for a maximum period of six months, which may be extended for a period not exceeding six months within twelve months. A residence permit issued for the purpose of seasonal employment may not be issued for a period exceeding six months within twelve months and may not be renewed for that purpose after six months.

(3) A third-country national shall not be granted a residence permit for the purpose of seasonal employment if he/she

a) a third-country national covered by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, who is posted to the territory of Hungary, or

(b) has the right of free movement and residence under special legislation.

20/E. § ^*  (1) A residence permit for the purpose of intra-corporate transfer shall be issued to a third-country national who

(a) confirms that the host organisation and the undertaking established in the third country belong to the same undertaking or group of undertakings;

b) meets the conditions set out in points a), d), h) and i) of paragraph (1) of Article 13, and there are no grounds for exclusion set out in paragraph (2) and paragraphs (1f) to (1i) of Article 18;

c) ^*  proves that the intra-corporate transfer was immediately preceded by at least three months’ continuous service in the same undertaking or group of undertakings for managerial staff and experts as defined by law and at least three months’ continuous service for trainees;

d) certify that Hungary is the country with the longest period of intra-corporate transfer for residence in the territory of the Member States of the European Union;

(e) have the professional qualifications and experience required in the host organisation to which they are being seconded as a manager or expert or, in the case of trainees, the necessary university degree;

(f) their employment is supported on the basis of legally defined criteria and in the interest of domestic employment policy;

(g) is insured for the full range of health benefits or has applied for such benefits for all periods during which he/she is not insured by virtue of the employment relationship;

h) has sufficient resources for himself/herself and his/her family members for the entire duration of the stay so that his/her stay does not impose an undue burden on the social assistance system of Hungary; and

i) declared a real address as accommodation in Hungary.

(2) You may not be granted a residence permit for the purpose of transfer within the company:

a) a third-country national who holds a residence permit issued for the purpose of research;

b) a third-country national who, under agreements between the European Union and its Member States, on the one hand, and third countries, on the other, enjoys rights of free movement equivalent to those of citizens of the Union, or who is employed by an undertaking established in such third countries;

c) a third-country national covered by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, who is posted to the territory of Hungary;

d) the self-employed person;

(e) a third-country national who is engaged as a labour recruiter, temporary agency or other undertaking whose activity consists in supplying labour to work under the supervision and direction of another undertaking;

(f) who holds a residence permit for the purpose of studies or who is on a short-term supervised traineeship as part of their studies.

(3) The period of validity of a residence permit issued for the purpose of intra-corporate transfer shall be at least one year or the duration of the transfer. The shorter of the two periods shall be taken as the period of validity of the residence permit.

(4) The period of validity of a residence permit issued for the purpose of intra-corporate transfer shall not exceed three years for managerial and professional staff and one year for trainees.

(5) A residence permit issued for the purpose of intra-corporate transfer may be renewed for the purpose of intra-corporate transfer within the period specified in paragraph (4) and up to the period specified in paragraph (4).

(6) A third-country national who fulfils the conditions set out in points (a) to (b) of Article 2/A and paragraph (1) of Article 20 and in Article 20/E may not be issued a residence permit pursuant to paragraphs (1) and (2) of Article 20.

20/F. § ^*  A third-country national who holds a residence permit issued by a Member State of the European Union for the purpose of intra-corporate transfer shall be granted a residence permit (long-term mobility permit) for the purpose of intra-corporate transfer if he or she fulfils the conditions set out in points (a) and (d) of Paragraph 13(1) and in points (a) to (b) and (f) to (i) of Paragraph 20/E(1).

20/G. § ^*  (1) A White Card may be issued to a third-country national who.

a) has a certified employment relationship in a country outside Hungary and performs his/her work from Hungary using an advanced digital technology solution, or has an ownership share in a company with a certified profit in a country outside Hungary and performs his/her work or manages his/her company from Hungary using an advanced digital technology solution,

b) meets the conditions set out in points (a) and (c) to (i) of paragraph (1) of Article 13 and does not have any of the grounds for exclusion set out in paragraph (2), and

c) does not carry out any gainful activity in Hungary and does not have a share in a Hungarian company.

(2) You may not receive a White Card:

a) third-country nationals who meet the conditions set out in paragraphs (1) and (2) of Article 20,

(b) who holds a residence permit for the purpose of studies or who is on a short-term supervised traineeship as part of their studies,

c) a third-country national covered by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, who is posted to the territory of Hungary,

(d) a third-country national who has applied for recognition as a refugee or has requested temporary or subsidiary protection from the determining authority,

e) who has been recognised as a refugee or granted temporary or subsidiary protection by Hungary,

f) the recipient,

g) third-country nationals whose expulsion has been suspended for reasons of fact or law,

h) a third-country national who holds an EC residence permit,

(i) a third-country national who arrives in the Union in the framework of an intra-corporate transfer; or

j) third-country nationals who enter the territory of the Union for the purpose of highly qualified employment.

(3) In addition to the provisions of paragraph (1) of Article 18, the aliens’ registration authority shall revoke the White Card if the third-country national

(a) does not meet the conditions set out in paragraph 1, or one of the circumstances set out in paragraph 2 applies,

b) left the territory of Hungary for a period of more than 90 days, or

c) works for or on behalf of a Hungarian employer, engages in gainful employment or acquires a share in a Hungarian enterprise.

(4) The validity of the White Card is limited to one year, which may be extended once for the same purpose for a maximum of one year.

(5) The immigration authority shall take a decision on the merits of the application for the issuance of a White Card within thirty days of the submission of the application.

(6) No residence permit shall be issued to a family member of a third-country national holding a White Card on the grounds of family relationship.

21. § ^*  (1) A residence permit for study purposes shall be issued to a third-country national who

a) is or has established a student relationship with a public education institution registered in Hungary as operating in the public education information system, or is or has established a student relationship with a full-time school or full-time education system, or wishes to reside in Hungary in the framework of full-time studies at a state-recognised higher education institution or a foreign higher education institution operating in Hungary in order to pursue studies or to participate in preparatory studies organised by the higher education institution,

b) certify that you have the language skills necessary to pursue your studies,

c) paid the fees charged by the public education or higher education institution,

d) certifies the provisions of points a), c)-d) and f)-i) of paragraph 13 (1), and

e) has declared a real address as accommodation in Hungary.

(2) No residence permit for study purposes may be issued to.

(a) a third-country national who has applied for recognition as a refugee or has requested temporary or subsidiary protection from the determining authority;

b) who has been recognised as a refugee or granted temporary or subsidiary protection by Hungary,

c) the accepted,

d) a third-country national whose expulsion has been suspended on factual or legal grounds,

e) a person with the right of free movement and residence as defined by a special law,

f) a third-country national who holds an EC residence permit issued by another Member State of the European Union certifying his/her long-term resident status,

g) a third-country national who arrives in the territory of the Union as an intra-corporate transferee in the form of a trainee worker,

h) third-country nationals who enter the territory of the Union for the purpose of highly qualified employment.

(3) Period of validity of a residence permit issued for study purposes

a) at least one year,

(b) if the training is less than one year, it shall be adapted to the duration of the training.

(4) A residence permit issued for study purposes may be renewed for a minimum of one and a maximum of two years at a time.

(5) The period of validity of a residence permit issued for study purposes shall not exceed the period of validity of the applicant’s travel document, taking into account the provisions of paragraph (3).

(6) The competent immigration authority shall take a decision on the merits of an application for the issue and renewal of a residence permit for study purposes within seventy days of the submission of the application.

21/A. § ^*  (1) A student who holds a study permit issued by another Member State of the European Union and who is not covered by an EU or multilateral programme involving mobility measures or an agreement between two or more higher education institutions and who holds a valid residence permit for study purposes issued by the first Member State may be granted a student mobility residence permit if he/she wishes to pursue part of his/her studies in a higher education institution under a special law.

(2) When submitting the application for a student mobility residence permit, the student shall attach the following documents

a) an agreement or admission certificate with a higher education institution in Hungary,

b) documents certifying the conditions set out in points (f) to (g) of paragraph (1) of Article 13,

c) proof of payment of the fee set by the higher education institution, and

d) a document indicating the actual address as accommodation in Hungary.

(3) A student who holds a residence permit for the purpose of studies issued by another Member State of the European Union and who is covered by an EU or multilateral programme involving mobility measures or by an agreement between two or more higher education institutions and who holds a valid study permit issued by the first Member State, may be issued with a student mobility certificate if, in order to exercise student mobility, he or she notifies the aliens’ registration authority of his or her student mobility plan, the planned duration of the mobility and the dates thereof, using a notification form and the data content specified in specific legislation.

(4) In addition to the information required under paragraph (3), the student shall enclose with the notification under paragraph (3):

a) an agreement or admission certificate with a higher education institution in Hungary,

b) documents certifying the conditions set out in points (f) to (g) of paragraph (1) of Article 13,

c) proof of payment of the fee set by the higher education institution, and

d) a document indicating the actual address as accommodation in Hungary.

(5) The aliens’ registration authority shall, within 30 days of receipt of a complete application for a mobility residence permit or notification, refuse to issue a student mobility residence permit pursuant to paragraph (1) or shall object to the notification pursuant to paragraph (3) by decision if

(a) the application under paragraph (1) is not submitted on the form and with the content specified in the separate legislation, or if the student does not meet the conditions set out in paragraph (2),

(b) the notification under paragraph (3) is not submitted in the form and with the content specified in the separate legislation, or if the student does not meet the conditions set out in paragraph (4),

c) the student’s stay endangers the public order, public security, national security or public health interests of Hungary,

d) the student has provided false information or false facts to the competent immigration authority in order to obtain a student mobility permit; or

(e) the maximum period of stay specified in paragraph 6 has expired.

(6) A third-country national holding a student mobility residence permit pursuant to paragraph (1) and a student mobility certificate pursuant to paragraph (3) may reside in the territory of Hungary for a maximum period of three hundred and sixty days.

(7) The aliens’ registration authority shall issue a certificate of acceptance of the notification pursuant to paragraph (3), containing the information specified in a separate act.

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dr. Farkas Gabriella / dr. Dobos István attorney at law

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