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immigration

Immigrants to Hungary

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

Basic terminology

Term in English Term in Hungarian Description
European Community (EC)Európai Közösség (EK) formerly: European Economic Community (EEC) – Európai Gazdasági Közösség (EGK),
now part of EU
European Economic Area (EEA)Európai Gazdasági Térség (EGT)EU member states,
Iceland, Lichtenstein, Norway,
Switzerland
person with right of free movement and residenceszabad mozgás és tartózkodás jogával rendelkező személycitizens of Hungary,
citizens of EEA
third-country nationalharmadik ország állampolgárságával rendelkező személy not a citizen of Hungary or EEA

Hungarian law

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.

EU law

Current regulations

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

Applying for a permanent residence permit

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.

Terminology

Term in English Term in Hungarian
residence permittartózkodási engedély
interim permanent residence permit ideiglenes letelepedési engedély
national permanent residence permit nemzeti letelepedési engedély
EC permanent residence permitEK letelepedési engedély

Common prerequisites for permanent residence

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

Overview of permanent residence permits

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

Interim permanent residence permit National permanent residence permit EC permanent residence permit
Defined inHarmtv. 34. § Harmtv. 35. §Harmtv. 36. §
Available for third-country nationalsthird-country nationalsthird-country nationals
Validity max. 5 years (may be extended by 5 years at a time)indefinite period of timeindefinite period of time
Purpose work (excluding seasonal work), study, other valid reasonundefinednot for study, seasonal work etc.
PrerequisitesEC residence permit (granted under Council Directive 2003/109/EC of 25 November 2003)residence permit or
interim permanent residence permit,
min. 3 years of uninterrupted stay in Hungary
min. 5 years1 of uninterrupted stay in Hungary or
Blue Card with 2 years of uninterrupted stay in Hungary
Temporary absence allowed undefined less than 4 consecutive months,
with a combined duration of less than 270 days,
within 3 years prior to application
less than 6 consecutive months,
with a combined duration of less than 300 days,
during the 5 years
Decision inundefined70 days after application,
30 days after appeal
70 days after application,
30 days after appeal
Decision on threat220 days after application,
15 days after appeal
20 days after application,
15 days after appeal
20 days after application,
15 days after appeal
Time to apply30 days before expiry of right of residence

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.

Submitting your application

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.

Documents to be attached to your application

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

If your application is not complete

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.

Further info

New regulations

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

Overview of the new regulations

  • 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.

Status of the new regulations

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

Entry of the new regulations into force

Laid out in 285. §, page 143.

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

Exceptions
Date of entry into forceSections
January 2, 2024328. § b)
351. §
218. (subchapter)
398. §.
January 1, 2025 250. § d)
266. §
227. (subchapter)
based on Article 88 of EU Regulation 2018/124010. § a)
143. § (4)
250. § b)
265. §
289. §
319. §
390. § c), d), f), g), i)
228–231. (subchapters)
based on Article 66 paragraph (1) of EU Regulation 2017/2226 143. § (3)
250. § a)
264. §
167. (subchapter)
390. § a), b), e) and h)

Transitional measures

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.

Dates of application of the new regulations

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

Exceptions:

Applied from Section
January 1, 202435. (subchapter)
74. § (1)–(3)
50. (subchapter)
TIZENEGYEDIK RÉSZ (PART ELEVEN)
July 1, 20248. and 13. (subchapters)

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

Terminology of the new regulations

Term in Hungarian English translation
tartózkodási engedélyresidence permit
foglalkoztatási célú tartózkodási engedélyresidence permit for the purpose of employment

Periods of residence permits

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

Term in Hungarian English translation Description
rövidshort max. 90 days
tartósextendedmore than 90 days, max. 180 days
huzamoslong-termindefinite period of time (except for interim permanent residence card)

Permanent residence

Permanent residence is long-term residence.

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

Term in old regulation Term in new regulation
interim permanent residence permitinterim permanent residence card
national permanent residence permitnational permanent residence card
EC permanent residence permitEU permanent residence card

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.

Extended residence 

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).

Extended residence permit

  • 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

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. §.

Common prerequisites for permanent residence

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

Overview of changes for permanent residence permits

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.

Interim permanent residence card National permanent residence card EU permanent residence card
Defined innew act 77–81. § new act 82–86. §new act 87–89. §
Purpose a whole list of conditions for exclusion, laid out in 83.§ (5)1
Prerequisites requestor’s residence is in Hungary’s interest,
requestor meets the requirements of co-existence in the society as defined by law
Temporary absence allowed
Decision in
Decision on threat

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

immigration.txt · Utolsó módosítás: 2023/12/23 01:27 szerkesztette: rblst