Hungary - Employed worker - European Commission

Where and how to apply	Authorisation for employment Non-EU nationals may be employed in Hungary only under specific conditions. As a general rule, employment is subject to authorisation; however, there are exceptions either connected to the employment activity or the person concerned. As a general rule, non-EU nationals without the right of free movement and residence can only engage in employment – except for a few cases specified in national legislation – if they are authorised for employment. Authorisation is either given in a single application procedure or, if the rules of single application procedure do not apply, in the form of a work permit. Single application procedure The authorisation for employment and residence is given in a single application procedure if the purpose of stay is: pursuing gainful employment; being employed as a highly-skilled worker holding EU Blue Card; being employed while staying in Hungary as a family member of a non-EU national; being employed while holding a residence permit issued for humanitarian reasons. You need to submit your application for a single permit at the embassy or consulate in your country of origin or in certain cases at the place of lawful residence or in Hungary. You can find the competent regional directorate on the website of the immigration authority. In the application for a single permit, you also need to apply for the visa entitling you to receive such a residence permit (unless you are exempt from a visa requirement). The competent regional directorate of the immigration authority in Hungary will assess your application, during which the authority requests the official opinion of the competent employment centre, whether they support the employment of the applicant. Therefore the documents concerning the employment, such as the work contract or preliminary agreement, as well as the document certifying the qualification (if this needs to be proven), shall also be attached to the application, together with the documents that prove that the residence criteria are fulfilled. Unless exceptions apply, the competent branch office of the employment centre also carries out a labour market test during its procedure of providing an official opinion. Your employer may also submit a work force request to the competent branch office of the employment centre prior to the single application procedure as a result of which the labour market test could be started prior to the single application procedure. During the labour market test, is checked whether there is available workforce among Hungarian or EEA-country national registered jobseekers or their family members, who meet the necessary requirements applicable to the position concerned. The decision-making in a single application procedure takes a maximum of 90 days. If approval is given for the single permit, a visa entitling the holder to receive a residence permit for the purpose of gainful employment will be issued at the embassy or consulate in your country of origin (unless you are exempt from a visa requirement). The visa will allow you to enter the territory of Hungary. Prior to the expiry of the validity of your visa, you can obtain your single permit at the competent regional directorate of the immigration authority. You can find the competent regional directorate on the website of the immigration authority. Work permit In case the single application does not apply, the employer has to submit a work permit application to the competent employment centre by filling out a standardised form. Unless exceptions apply, the issuing of the work permit depends on whether there is available workforce among Hungarian or EEA-country national registered jobseekers or their family members, who meet the necessary requirements applicable to the position concerned as set out in law. The potential employer may also submit a workforce request to the competent branch office of the employment centre prior to the application for a work permit. This can also be done at the time of applying for a work permit. The non-EU national also has to meet all requirements specified in the workforce request submitted by the employer. The employment of non-EU citizens is only authorised if all relevant legal conditions are met, which needs to be verified by submitting the relevant documentary evidence. The work permit is issued for a maximum period of two years and may be renewed for the same period occasionally. Under certain conditions set out in the relevant law, the work permit is issued without the need for the labour market examination to take place. In such cases, the competent branch office of the employment centre does not need to examine whether there is available workforce among the registered unemployed who meet the requirements specified in the employer’s request. Residence permit and visa Once you have obtained a work permit, you have to apply for a residence permit at the embassy or consulate in your country of origin or in certain cases at the place of lawful residence or in Hungary. In the application for a residence permit, you also have to apply for the visa entitling you to receive such a residence permit (unless you are exempt from a visa requirement). The competent regional directorate of the immigration authority in Hungary will assess your application and if approval is given for the residence permit, a visa entitling the holder to receive a residence permit for the purpose of gainful employment will be issued at the embassy or consulate in your country of origin (unless you are exempt from a visa requirement). Even if you do not need a work permit, you still have to obtain a residence permit for the purpose of gainful employment. The visa will allow you to enter the territory of Hungary. Prior to the expiry of the validity of your visa, you can obtain your residence permit at the competent regional directorate of the immigration authority. You can find the competent regional directorate on the website of the immigration authority. Exemptions from work permit obligation Certain categories of workers do not need a work permit, including: directors of a branch office or representative office of a foreign-registered business association; staff of diplomatic or consular missions; holders of permanent residence permits and immigration permits granted under previous legislation; non-EU citizens employed in international organisations or in joint organisations established under an international convention; non-EU citizens employed in commissioning, warranty repair, maintenance or guarantee service activities performed on the basis of a private contract with a foreign-registered company, if such work does not exceed 15 consecutive days at any given time. The full list of activities exempt from a work permit obligation is set out in Government Decree No. 445/2013. (XI. 28.). Submission of an application by the employer If a foreign national plans to enter into an employment relationship, an application for the issue or extension of a residence permit may be submitted – in the case of preferred employer – by the prospective employer as well, provided that the client has consented in writing. In that case the competent authority may communicate with the employer as well, however, the client will be notified of all procedural steps taken. Where the application for residence permit is submitted through the employer or electronically the client is nevertheless required to appear in person before the competent authority, when so requested by the authority, for the purpose of data recording and for carrying out other procedural steps. As of 1 January 2019, natural person clients or their authorised legal representatives may submit an application for a residence permit (issue or extension) electronically via Enter Hungary. Fees The administrative service fee charged for the procedure for issuing a residence permit is EUR 60, payable at the diplomatic mission of Hungary primarily in EUR or other convertible currency, or in exceptional cases in the legal tender of the State where the application is submitted. The administrative service fee charged for the procedure is HUF 18,000 if submitted in Hungary. The fee charged for the extension of a residence permit is HUF 10,000.
Documents required	When applying for a single permit or a residence permit, you need to: present a travel document, which will remain valid for at least 3 months longer than the intended period of stay; prove adequate accommodation; prove sufficient financial resources and subsistence means (e.g. prior agreement for a work contract); prove health insurance (by being officially employed you are fully covered by health insurance).
Further requirements	You cannot be subject to an entry ban or an alert in the Schengen Information System for the purposes of refusing entry, nor can your entry and stay threaten public policy, public health or public security in Hungary.
Duration of validity of permits	A residence permit for the purpose of gainful employment issued in the form of a single permit is valid for a maximum of two years and may be extended for an additional two years at a time. The validity period of single permits, issued for those staying primarily for the purpose of family reunification, employment as a highly-skilled worker or of humanitarian reasons, is different and depends on the main purpose of stay. If a work permit is required, the duration of your residence permit will be aligned with the validity period of the work permit. The work permit is issued for a maximum period of two years.
Conditions for renewal	The application for extension of the residence permit shall be submitted in person at the regional directorate of the immigration authority responsible for the place where the place of accommodation is located 30 days before it expires at the latest, with the necessary documents attached. As of 1 January 2019, natural person clients or their authorised legal representatives may submit an application for a residence permit (issue or extension) electronically via Enter Hungary. The extension of the residence permit may also be granted even if the conditions laid down in the law are met, if the residence of the third-country national has exceeded 90 days in any 180 days before the submission of the application for a residence permit. The permit may be extended for an additional two years at a time.
Appeals	You can submit an appeal against the decision on your single permit or residence permit application within 8 days of delivery to the immigration authority, or to the Hungarian diplomatic or consular mission where the application was submitted.
Further information	More on Residence Permit for the Purpose of Employment

Change of employment	Your permit authorises you to carry out a specific employment activity with a specific employer. If you change your employment, you have to submit an application for a new residence permit.
Unemployment	Your permit authorises you to carry out a specific employment activity with a specific employer. If you terminate your employment, you have to apply for a new residence permit as soon as possible, at maximum within 5 days from termination. If your purpose of residence does not meet the special purposes a residence permit for other purpose can be applied for.
Change of status	Change of status may be possible depending on the purpose of stay and your personal circumstances.
Family members	A residence permit for the purpose of family reunification may be issued to a third-country national who is a family member of a third-country national in possession of a residence permit. Employment is also permitted – in accordance with the relevant employment rules – when holding a residence permit for the purpose of family reunification, studies or a residence permit granted on humanitarian grounds. As a general rule, employment of a family member of a non-EU national holding a residence permit issued for the purpose of family reunification is subject to prior labour market authorisation. This authorisation can be gained: by the family member launching a single application procedure at the embassy or consulate in your country of origin, or in certain cases at the place of lawful residence, or in Hungary if you are not yet residing in Hungary, or at the competent regional directorate of the immigration authority in Hungary if you already have legal residence in Hungary. In case of those family members who resided legally for at least one year in the territory of Hungary, the same employment authorisation rules apply as those applicable to the sponsor. By way of derogation from these rules, employment of a family member of an EU Blue Card holder is not subject to prior labour market examination. Yet, even in these cases, a single permit is needed for the family member to receive authorisation for employment. More on family reunification
Long-term residence	Hungarian law distinguishes between three different regimes for permanent residence, and for each of them you need to have: adequate accommodation; sufficient financial resources and subsistence means; health insurance. You cannot be subject to any ground for refusal set out in the law, e.g. threat to public or national security, being the subject of an expulsion order, entry ban or alert in the Schengen Information system. National permanent residence permit You are entitled to hold a national permanent residence permit if you have legally and continuously resided for at least three years in Hungary. You will also be able to obtain a national permanent residence permit if you have not yet resided legally in Hungary for three years but you hold a residence permit or an interim permanent residence permit and: you are a family member (other than a spouse) or a dependent relative in the ascending line of a non-EU citizen with immigrant, permanent resident or refugee status and you lived together for at least one year before the application was submitted; or you are the spouse of a non-EU citizen with immigrant or permanent resident or refugee status and the marriage was contracted at least two years before the application was submitted; or you were formerly a Hungarian citizen and your citizenship was terminated, or your ascendant is or was a Hungarian citizen; or you are a minor child of a non-EU citizen with immigrant, permanent resident or refugee status. Your establishment has to be in accordance with the interest of Hungary. You need to present a clean criminal record. General conditions for residence permits apply. This permit authorises you to reside in Hungary for an indefinite period of time. The national permanent residence permit is issued for five years and is renewed for five years at a time. EC long-term residence permit You are entitled to hold an EC long-term resident status if you lived continuously and legally in Hungary for five years. General conditions for residence permits apply. This permit authorises you to reside in Hungary for an indefinite period of time and also grants the right of intra-EU mobility under certain conditions. The EC long-term residence permit is issued for five years and is renewed for five years at a time. Interim permanent residence permit If you are a non-EU citizen holding an EC long-term residence permit issued in another EU Member State, you can obtain an interim permanent residence permit: for the purpose of gainful employment, with the exception of seasonal employment; for the pursuit of studies or for the purpose of vocational training; or for other justified reasons. Family members of non-EU nationals arriving for the purposes stated above (i.e. gainful employment, pursuit of studies and other justified reasons), apply for an interim permanent residence permit. The family members of non-EU nationals holding an interim permanent residence permit may be issued an interim permanent residence permit if their family relationship already existed in the Member State of the European Union where the EC residence permit certifying permanent residence status was issued. This status is valid for a maximum period of five years and may be extended once by a maximum of five additional years.