Hungary, especially Budapest had become a desirable destination for workers all around the world in the last decades, particularly since its accession to the EU in 2004. Costs of living in Budapest are relatively small compared to other european capitals, but the standards of living are definitely high enough to encourage workers and students to come here to work or study.

If you plan to work in Hungary, but you are a non-EU citizen, this article is going to provide you with the necessary information about the two most common types of residence permits related to work.

When applying for a residence permit first you have to decide what is going to be the exact purpose of your residence. From studying to medical treatment there are several purposes that are suitable to entitle you to apply for a residence permit. Nevertheless if your aim is to work in Hungary, the two best fitting types are the following:

• purpose of employment
• purpose of gainful activity

In Hungary, Act II of 2007 regulates the admission and residence of third-country nationals in compliance with the laws of the European Union.

Residence permit for the purpose of employment

Act II of 2007 – Section 20:

„(2) A residence permit for the purpose of employment may be issued to third-country nationals:

1. a) whose purpose of residence is to perform work for or under the direction and/or supervision of others, for remuneration, under contract for employment relationship; or
2. b) who performs work as the owner or executive officer of a for-profit business association, cooperative or some other legal entity, in addition to the work actually performed in that capacity.”

This means that this is the residence permit you should apply for if you plan to work at a company as an employee.

Information on the application process

The Immigration and Asylum Office is entitled to issue residence permit sin Hungary. Third-country nationals may first apply for an entry visa together with the application for the residence permit – without having to lodge a separate application – before the admission to Hungary. The application may be submitted to any consulate officer of Hungary, or at any other place authorised to accept applications for residence permit in the country of the applicant’s nationality.

Applications for residence permit for the purpose of employment are examined within the framework of a single application procedure.

The applicant is required to appear before the authority in person, when submitting the application. The application for the issuance of a residence permit may be submitted by the prospective employer as well in case of a preferred employer provided for in specific other legislation.

Requirements for the submission of the application are a completed form with its prescribed enclosures and the payment of the procedural fee.

The administrative service fee of the procedure is EUR 60, payable at the diplomatic mission of Hungary.

Mandatory enclosures for the application forms:

• DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE
• DOCUMENTS IN PROOF OF MEANS OF SUBSISTENCE IN HUNGARY
• DOCUMENTS PROVING THE EXISTENCE OF HUNGARIAN ACCOMMODATION
• DOCUMENTS ON COMPREHENSIVE HEALTH INSURANCE
• DOCUMENTS EVIDENCING THE CONDITIONS OF EXIT

Residence permit for the purpose of gainful activity

Act II of 2007 – Section 20

„(1) A residence permit may be issued for the purpose of gainful employment to third-country nationals whose purpose of residence is:

1. a) to lawfully perform work in a self-employed capacity for remuneration; or
2. b) to engage – save where Paragraph a) applies – in any gainful activity in the capacity of being the owner or executive officer of a for-profit business association, cooperative or some other legal entity, or is a member of the executive, representative or supervisory board of such entity.”

This means that this is the residence permit you should apply for if you plan to work in Hungary as an entrepreneur or a self-employed person.

Apart from the persons eligible to apply for this permit, most parts of the procedure is the same compared to the procedure for the residence permit for the purpose of employment.

The procedural fee and the mandatory encloures for the application form are also the same.

Validity period

In the residence permit for the purpose of employment the validity period may not exceed the term specified in the specialist authority’s assessment. It is important that the travel document must be valid for at least 3 additional months beyond the date of expiry of the residence permit.

In the residence permit for the purpose of gainful activity the validity period is maximum three years, and it may be extended by maximum three additional years at a time.

 

Questions regarding immigration law in Hungary? Contact us!

dr. Dobos István attorney at law (ügyvéd; Budapest)

E:dobos@doboslegal.eu
T:+3630 3088151