Immigrants to Hungary

Ula, here is a little summary of my research. It is not legal advice, it is intended for help.

Note: the government decree references the same act (Harmtv.), but its name was translated differently, because these are not official, harmonized translations.

Note: the link for the English government decree and the Act II of 2007 (Harmtv.) points to the same PDF document, because the English translation combines the two. Note also that it is an older translation, missing some parts compared to the current version of Harmtv.

• REGULATION (EU) 2018/1240 of 12 September 2018
• REGULATION (EU) 2017/2226 of 30 November 2017

Based on the old acts and the government decree of 2007.

The relevant details for you are found in Chapter IV: Detailed Provisions on Establishing Residence (Harmtv. IV. Fejezet: A letelepedés), from page 44 in the translation.

Note: § in the government decree and Harmtv. is referred to as Section in the English translation.

Laid out in 33. § of Harmtv., page 44 in the translation.

• abode and subsistence secured
• health insurance or enough income to insure yourself

Grounds for refusal:

• your establishing residence is a threat to public safety or national security
• you are officially forbidden to enter or reside in Hungary, you have a SIS alert
• you provide fake data to mislead authorities

Laid out in 34–36. § of the Harmtv., page 48–54 in the translation.

¹ When calculating your years of stay for EC permanent residence permit eligibility, your time spent with higher education in Hungary must be halved.

² The decision on whether the applicant is a threat to public safety or national security is made by another authority, which takes extra time that must be added to the regular decision time. The decision time on threat may be doubled, that is, the 20 days may be extended by another 20 days, and the 15 days by another 15 days.

Laid out in 86/J §. It is not included in the translation.

• You must submit you application electronically.
• You must appear before the authority in person for a photo and fingerprints within 15 days after confirmation of your application.
• You must attach documentary proof of your eligiblity, as listed below.

Laid out in 94. § of the government decree, page 45 in the translation.

1. valid travel document
2. birth certificate
3. a certificate of clean criminal record issued within six months
4. proof of abode and subsistence in Hungary
   • bank statement of your savings account or
   • certificate of your taxable income from your employer
     • (monthly income is calculated as the monthly average of the sums:
       • taxed regular income for a period of 1 year, plus
       • any income received during the 3-month period prior to application)
   • residential lease contract in proof of rental
5. evidence of health insurance coverage

Laid out in 86/K §, it is not included in the translation.

• The authority will request you to complete it within 45 days.
• You may request an extension of the deadline by 21 days, which may be denied.

Please also take a look at this shitty page: http://oif.gov.hu/index.php?option=com_k2&view=item&layout=item&id=1311&Itemid=1848&lang=en#

Based on the new Act of 2023 on the entry and residence of third-country nationals.

• tightens and clarifies legal titles and conditions of residence and employment of foreign nationals
• introduces various new residence permits and visa categories
  • for visiting investors granted to persons of national economic interest
• tightens rules on residence and work
  • guest workers can only stay for a limited period
• new types of residence permits (seasonal permit, for investment project, highly qualified employees (Hungarian Card) etc.)

Source: https://ceelegalmatters.com/hungary/25003-new-bill-on-the-entry-and-residence-of-third-country-nationals-in-hungary

Reading some news articles, I have come to an understanding that Hungary badly needs guest workers and investors for the economy, hence this new law.

The bill has been approved December 12 by the Parliament, and sent December 15 to the President to be signed into law.

Laid out in 285. §, page 143.

Most sections of the act will go into force January 1, 2024, with some exceptions, listed below.

Laid out in 286. §, page 144–145.

Your current, valid residence permit will remain valid until its original expiry.

Between January 1, 2024 and February 29, 2024, procedures related to permits will be halted, and you cannot file your application during that time.

If your permit expires between January 1, 2024 and February 29, 2024, its validity will be extended until April 30, 2024.

If you hand in your application for a residence permit before the new act goes into force, and it is not approved until that time, then regulations in Harmtv. will be applied by the authorities, even if you have to appeal.

If you file your application online, you must pay the service fee before December 31, 2023.

Regulations of the new Act will begin to be applied from March 1, 2024, with some exceptions, listed below.

Exceptions:

Before February 29, 2024, the following parts of the (old) Harmtv. will be applied:

• I. Fejezet
• II. Fejezet
• 13–17. §
• 18. § (1)
• 23. §
• 29. § (1) b) and c)
• 29. § (2) b) and c)
• 30. § (1) f)–h) and j)
• 30. § (2) a) and d)
• V. Fejezet
• VI. Fejezet
• VII. Fejezet
• VIII. Fejezet
• IX. Fejezet
• X. Fejezet

The new act has names for the different periods, as shown below:

Permanent residence is long-term residence.

Permanent residence permit (engedély) is now permanent residence card (kártya).

Any permanent residence permit that had been received before the new act entered into force is equivalent to a right of long-term residence and a permanent residence card depending on the old permit type (interim, national or EC).

EC has been renamed to EU.

For an extended residence (tartós tartózkodás), the new act includes a long list of well-defined residence titles on the basis the right of residence may be granted to third-country nationals (list in 6. §). Most of these were present in the old act, but now they are defined in more detail (in  III. Fejezet).

There is a category of titles for the purpose of work as a guest worker (munkavégzési célból, mint vendégmunkás). In that category, the title of interest to you, Ula is guest worker with a residence permit for the purpose of employment (foglalkoztatási célú tartózkodási engedéllyel, 6. § bc). It is detailed in subchapter 16 (16. A foglalkoztatási célú tartózkodási engedély).

• the minister responsible for the employment of third-country nationals may limit the countries and the number of permits
• extended residence permit is valid for a maximum of 2 years, and may be extended by 1 year
  • after that, a new request for a residence permit must be submitted
• guest workers with with a residence permit for the purpose of employment cannot receive a national permanent residence card

Long-term residence (huzamos tartózkodás) is what concerns you, Ula. It is laid out in NEGYEDIK RÉSZ (PART FOUR): A harmadik országbeli állampolgár huzamos magyarországi tartózkodása (long-term residence in Hungary for third-country nationals), from 75. §.

Laid out in 75. §. They are exactly the same as in the old regulations.

The new regulations for permanent residence permits have not changed much. The table below only shows what has been changed. An empty cell indicates no change.

¹ Notably: guest workers with a residence permit for the purpose of employment cannot receive a national permanent residence card.