As in EU law, domestic immigration rules classify foreign citizens into two groups: EEA nationals with the right of free movement and residence and third-country nationals.
The entry and residence of EEA nationals enjoying the right to free movement and residence
EEA nationals may enter the territory of Hungary and stay there for a period not exceeding three months with a personal identification document or a valid travel document.
An EEA national has the right of residence for a period longer than three months if he/she:
- is residing in the country for the purpose of gainful employment;
- has the necessary financial resources to keep himself/herself and his/her family members during the period of residence and certifies that he/she has insurance or ensures cover for the use of health-care services;
- arrives for the purpose of following a course of study and satisfies the conditions in the previous point.
The EEA national is required to register in person with the relevant regional immigration authority according to his/her future domicile within 93 days of the time of entry and provide his/her personal data. The applicant must certify compliance with the conditions of residence by presenting the necessary documents to the immigration authority. The immigration authority may only exempt the applicant from being present in person on the basis of his/her health condition. The EEA national receives a registration certificate (card) certifying registration and the date of registration.
An EEA national who has resided legally and continuously within the territory of Hungary for five years receives permanent residence status. Such status is certified by a permanent residence card issued by the relevant regional directorate of the Office of Immigration and Nationality according to the domicile of the EEA national. Under certain conditions an EEA national engaging in gainful employment is entitled to permanent residence before the end of the five-year residence period (e.g. upon reaching the age of the old-age pension or in the case of incapacity to work due to accident or illness).
Third-country nationals
Third country nationals may enter the territory of Hungary for the purpose of residence for a period not exceeding three months with a personal identification document or a valid travel document according to the conditions set out in the Schengen Borders Code . Compliance with the conditions of entry and residence must be certified at the time of crossing the border. A third-country national holding a valid residence visa or national visa is authorised to remain in the territory of Hungary after the period of residence authorised in the visa expires with a residence permit.
The most common purposes of residence exceeding three months are: studies, research, official purposes, visits, medical treatment, humanitarian purposes. A residence permit for the purpose of gainful employment issued by the Hungarian immigration authority is necessary for the employment of a third-country national in Hungary.
In addition to personal identification documents, the following documents, among others, must be attached to the application for the residence permit:
- a work permit issued by the competent labour authority;
- the work contract;
- a document certifying accommodation in Hungary;
- certification of the qualifications required for the job etc.
The period of validity of the residence permit for the purpose of gainful employment is a maximum of three years and it may be extended for another three years. In the case of activities requiring a work permit, the period of validity of the residence permit corresponds to the period of validity of the work permit.