KEY PROVISIONS OF THE NEW IMMIGRATION ACT - PART II
4. LONG-TERM STAY
Long-term stay refers to any planned stay in Hungary of more than 90 (ninety) days in any 180 (one hundred and eighty) day period, which is for a specific purpose and subject to authorization, and which is for a limited period and related to the legal bases defined in the Act XC of 2023 on General Rules for Admission and Right of Residence of Third-Country Nationals (hereinafter: "New Immigration Act"). The long-term stay may be limited depending on nationality, number of persons, or occupation. The New Immigration Act groups long-term stay legal bases into subcategories, the most important of which are described continuously as follows.
4.3. Work-related Residence Permits
A residence permit for seasonal work may be granted to a guest worker who is carrying out seasonal work (e.g., in the employment sectors of agriculture) as defined by law for a maximum period of 6 (six) months, which may be extended for a period not exceeding 6 (six) months within 12 (twelve) months.
It must be highlighted that family reunification is excluded based on this residence permit.
The conditions for the issue of a work permit to carry out an investment project require that the guest worker:
- perform actual work for another person for remuneration to carry out an investment project;
- the employer and the minister responsible for foreign economic affairs have agreed/contract or accepted an offer of support; and
- the employer has prior group employment approval as defined by law.
This residence permit entitles the holder to reside in Hungary until the investment project is completed, but overall, for a maximum period of 3 (three) years.
Family reunification is excluded based on this residence permit.
An applicant for a residence permit for employment purposes:
- must perform actual work for another person for remuneration in an authorized occupation form or
- must be employed based on an employment relationship with an employer established in a third country under an agreement with a domestic employer.
Additionally, the minister responsible for employing third-country nationals in Hungary may specify additional eligible countries in a ministerial decree. This residence permit may be granted for a maximum period of 2 (two) years, renewable by one year up to 3 (three) years from the date of first issue.
Family reunification is excluded based on this residence permit.
A guest worker residence permit can be issued to anyone who meets all the following conditions:
- perform actual work for another person for remuneration in an authorized occupation form;
- is employed by an employer who is a registered preferential employer or a qualified lender; and
- is a citizen of an eligible country as defined in a minister's decree and is responsible for employing third-country nationals in Hungary.
This residence permit may be granted for a maximum period of 2 (two) years, renewable by 1 (one) year up to 3 (three) years from the date of first issue.
Family reunification is excluded based on this residence permit.
4.4. Other Purposes of Residence
The previously existing "other purpose" residence permit, based on equity, is removed and replaced by an exhaustive list of legal bases in the new law. Residence permits may be requested for the following purposes: studying, training, internship, official purpose,international treaty for the temporary employment of tourists,White Card, delegation, medical treatment,voluntary service,national interest,family reunification, or humanitarian reasons.
The family reunification residence permit must be highlighted. Its purpose is family reunification, and certain family members of a person already possessing a residence permit specified in the law are entitled to it.
5. PERMANENT STAY
The New Immigrant Act introduces the concept of permanent residence instead of the previous terminology of "settled" and "immigrant." This legal basis of residence may be granted, subject to detailed conditions, provided that the third-country national learns and respects the conditions of social coexistence.
Permanent residence permits are, in general, valid for an indefinite period. This legal basis may stand on permits obtained before the entry into force of the New Immigrant Act under Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals (hereinafter: "Prior Immigration Act"), which are immigration permits, permanent residence permits, temporary residence permits, national permanent residence permits or European Community permanent residence permits.
The new system of the New Immigrant Act provides for three legal bases of permanent stay, which are the following:
A temporary residence card confers a derived right of residence related to an EU residence permit with permanent resident status issued by another EU Member State, originated by an EU permanent residence permit issued by a Member State of the European Union based on Council Directive 2003/109/EC. It must be applied for employment, study, or other purposes as defined by law and is valid for a maximum period of 5 (five) years, renewable up to 5 (five) years at a time.
Family reunification is possible based on this residence permit.
The national residence card has a double conditionality. Applicants must hold a residence permit, a temporary residence permit, or a temporary residence card and fulfill one of the following conditions:
- have resided legally and uninterruptedly in Hungary for at least 3 (three) years before the submission of the application;
- has been living as a dependent ascendant in a family community for at least 1 (one) year; is a minor child or spouse of a Hungarian citizen, refugee, or permanent resident; or
- was a Hungarian citizen but has lost their citizenship, or their ascendant is a Hungarian citizen or was a Hungarian citizen.
Family reunification is possible based on this residence permit.
For an EU residence card, the applicant must:
- have resided legally and continuously in the territory of Hungary for at least 5 (five) years immediately before the date of application; or
- have an EU Blue Card and have resided legally and uninterruptedly in the territory of Hungary for 2 (two) years immediately before the submission of the application and have resided lawfully and uninterruptedly in the territory of the EU for at least 5 (five) years with an EU Blue Card and with a residence permit for research or study purposes.
Family reunification is possible based on this residence permit.
The contents of this document do not constitute legal advice and are not a substitute for expert advice.
If you have any further questions about the rules of the New Immigration Act or the renewed immigration procedure, please feel free to contact us and request the assistance of KNP LAW experts.
