Residence Permit for Gainful Activity

Citizens from outside the European Union who wish to enterprise in Hungary or in theEU must have a permit to do so. To obtain a permit the client usually must have an own business or a senior official

position.

A residence permit may be issued for the pursuit of gainful activity to third-country nationals whose

purpose of residence is:

• to lawfully perform work in a self-employed capacity for remuneration; or
• to engage in any gainful activity in the capacity of being the executive officer of a for-profit

business association, cooperative or some other legal entity. 

If the third-country national is engaged in any activity in the capacity of being the owner or manager of a for-profit business association, cooperative or some other legal entity and – apart from such

activity – he/she plans to perform actual work (in any traditional job or position) in that company,

an application for residence permit for the purpose of employment has to be submitted, that will be assessed in a single application procedure.

DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE

If a third-country national plans to lawfully perform work in a self-employed capacity for remuneration, the purpose of stay may be verified by:

• a private entrepreneurial license, or failing this a private entrepreneur register number;
• a business plan for economic activities;
• a small-scale agricultural producer’s license;
• a personal service contract, contract for professional services or a use contract entered into as a private individual; or
• other reliable means.

If the third-country national plans to engage 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, the purpose of entry and residence shall be considered verified if:

• the business association, cooperative society or other legal entity established to engage in gainful operations (hereinafter referred to collectively as “business association”) actually employs at least three Hungarian citizens or persons with the right of free movement and residence in full time employment for at least six consecutive months, legitimately, without any interruption; or

• the residence of the applicant third-country national in the territory of Hungary is essential for the business association, and the business plan enclosed with the application contains sufficient information to ascertain that the business association will prosper to ensure the applicant’s subsistence. The contents of the business plan must be verified by credible means, such as, in particular, by supplying a works contract, a personal services contract, an agreement, or a supply or sales contract.

DOCUMENTS IN PROOF OF MEANS OF SUBSISTENCE IN HUNGARY

A third-country national is considered to have sufficient resources to cover his/her subsistence for residence exceeding ninety days within a one hundred and eighty day period if his/her lawful income or assets or his/her family member’s income or assets is sufficient to cover their living expenses, including accommodation, return travel, and if necessary, healthcare.

In proceedings for the issue and extension of residence permits, the requirement of subsistence may be verified by the following:

• a statement from a Hungarian or foreign financial institution concerning the applicant’s bank account;
• an income certificate issued by the tax authority for the previous year;
• an income certificate issued by the employer;
• a certificate issued by the employer and/or tax authority as proof of regular income received from abroad;
• other reliable means.

DOCUMENTS PROVING THE EXISTENCE OF HUNGARIAN ACCOMMODATION

The place of Hungarian accommodation must be a property shown in the real estate register as a residential building or detached house, or any similar property suitable for habitation (minimum 6 square meters of living space per person) or a commercial or other accommodation deemed appropriate by law.

Compliance with the requirement of accommodation in Hungary may be verified by:

• a residential lease contract in proof of the rental of a residence;
• a document on accommodation by courtesy;
• documentary evidence to verify the reservation of accommodation and payment;
• a statement on boarding (dormitory) services;
• a document in proof of ownership of the residential property, by means of a certified copy of title deed issued within 30 days to date;
• a real estate sales contract and a copy of the decision of the competent Budapest or county government agency
• granting permission for the acquisition of a real estate property;
• other documents.

DOCUMENTS PROVING THE EXISTENCE OF COMPREHENSIVE HEALTH INSURANCE

Enclosed with the application for residence permit the applicant shall provide proof of having access to comprehensive health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement), or that he/she has the necessary financial resources to cover the costs of such services.

DOCUMENTS EVIDENCING THE CONDITIONS OF EXIT

The conditions of exit may be verified by:

• a valid passport or the permits necessary for the third-country national for returning to his/her country of origin, or to the country he/she indicates;
• and a valid ticket for departure, or sufficient funds to purchase such a ticket, or a means of transport lawfully used by the third-country national.

Enclosed with the application the third-country national is required to provide a statement undertaking the commitment of voluntary departure from the territory of the Member States of the European Union if the application is refused.

During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case, and may take further procedural steps as well. The administrative time limit shall not include the length of time between the receipt of the notice for remedying deficiencies until the time of compliance.

After the application is submitted the applicant or his/her representative shall be able attach documents by way of post or electronically.

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

The validity period of the residence permit shall be set in consideration of the date of expiry of the passport. The period of stay fixed in the residence permit is to be determined ascertaining that the travel document must be valid for at least 3 additional months beyond the date of expiry of the residence permit.