DR VEGH LAW OFFICE

The law office works in Partnership with ADAMGLOBAL wordwide offices, our truly international team can assist you in structuring your business or planning your personal and family immigration.

See also:  http://www.adamglobal.com/office/budapest/

This summary below serves only as a guidance for better orientation and NOT legal advice. My office can assist you in every aspet of the procedure and including settup up of a business. Please contact us for more information.

Temporary Settlement Permit witha 5 year validity

ENTITLED PERSONS A provisional permit to settle can be issued to a third country citizen

• who holds an EC residence permit issued by another EU member state, certifying the migrant legal status and
– for the purpose of carrying out a paid activity, except for the case of seasonal employment;
– for the purpose of pursuing studies or vocational training; or
– for any other certified purpose
intends to stay in the territory of Hungary;
• whose dwelling and subsistence are ensured in the territory of Hungary;
• who qualifies as insured with respect to the entire range of health services, or is able to cover the costs of the health services provided to him/her;
• against whom no disqualification exists.

No provisional permit to settle can be issued to a third country citizen

• whose settlement poses a risk to the public safety or the national security of Hungary;
• who has been expelled, or is subject to a prohibition of entry and stay, or to an SIS warning signal ordering the prohibition of entry and stay;
• who supplied false data or untrue facts in order to obtain a permit, or who made false representations to the acting authority.

A third country citizen family member applying for a provisional permit to settle together with a third country citizen holding an EC residence permit evidencing migrant legal status, and the family member of a third country citizen holding a provisional permit to settle are granted a provisional permit to settle if the family relationships already existed in the EU member state issuing the EC residence permit certifying the migrant legal status and if the other conditions specified by law are also fulfilled.

DEFINITIONS of Third country citizen: non-Hungarian citizens and stateless persons except for persons having the right of free movement and stay (EEA citizens and family members accompanying, or joining to, an EEA citizen or a Hungarian citizen).

Stateless person: who is not recognised as a citizen in his/her own right by any state.

Family member: a third country citizen’s
• spouse;
• minor child in common with his/her spouse (including adopted and foster children);
• dependant minor child (including adopted and foster children) of whom a third country citizen parent has the right of custody;
• spouse’s dependant minor child (including adopted and foster children) of whom the spouse has the right of custody.

The application for the issuing of the provisional permit to settle is required to be submitted at the regional directorate competent on the basis of the future Hungarian domicile of the applicant, but addressed to the Office of Immigration and Nationality. The valid travel document and the EC residence permit issued by another EU member state, certifying the migrant legal status have to be presented upon the submission of the application.

Third country citizens can submit their application for a provisional permit to settle at the latest on the last day of their lawful stay not exceeding 90 days within 180 days, or thirty days prior to the expiry of their permit entitling to staying for more than 90 days within 180 days.

While submitting the application, a photo portrait and, at applicants over 6 years of age, fingerprints will be taken for the issuing of the residence permit which contains biometric data. The applicant is expected to tolerate this procedure.

The administrative service fee of the application for the issuing of the provisional permit to settle is HUF 10,000, which amount which shall be paid with revenue stamp by the applicant.
The data of the applicant’s minor child travelling with the applicant and included in his/her passport have to be supplied on the form “A” with a photo portrait taken of the child. No separate procedural fee is required to pay with respect to the minor indicated in the Annex.

The decision on a provisional permit to settle will be made by the regional directorate within 21 days.

In the course of the proceedings for the issuing of the provisional permit to settle, the immigration authority contacts the Office for Constitutional Protection and the Centre for the Prevention of Terrorism in the first instance, the minister responsible for the management of the civil services for national security in the second instance for the purpose of establishing whether the settlement of the third country citizen poses any risk to the national security of Hungary, and the County Police Department in the first instance and the National Police Department as special authority in order to establish whether the settlement of the third country citizen poses any risk to the public security of Hungary. The duration of the proceedings of the special authorities is taken into account in the administrative deadline.

In case of refusal the applicant can lodge an objection, which can be submitted at the authority that made the first instance decision within 15 days after the communication of the decision. The administrative service fee for appeal is HUF 5,500, which shall be paid with revenue stamp by the applicant.

REQUIRED SUPPLEMENTS MANDATORY DOCUMENTS

The applicant is required to submit the following documents
• certificate of birth;
• in the case of a married applicant – the certificate of marriage as well;
• if the marriage was dissolved, then the final decision of the authority establishing the fact;
• a certified document based on the personal law of the minor applicant proving that there are no legal obstacles to the settlement of the minor third country citizen;
• the certificate of subsistence, dwelling, and the entitlement to full-range medical coverage; and
• a photo portrait.

Please note that a public document issued abroad, or a private document certified by a foreign court, administrative body, notary public, or any person authorized to issue authentic documents shall only have conclusive force under the Hungarian laws, unless otherwise provided by a statutory provision, international agreement, or the practice of reciprocity with respect to the matter, if it has been supplied with diplomatic authentication by a diplomatic or consular mission of Hungary operating in the country of the place of issue. Documents issued in a language other than Hungarian can only be accepted, unless otherwise provided by law with respect to the matter, if the certified Hungarian translation is attached.

DOCUMENTS SUPPORTING THE PURPOSE OF RESIDENCEResidence for the purpose of carrying out a paid activity can be certified by:
• a document certifying the legal relationship for employment;
• a temporary employment booklet;
• a business plan of a business activity;
• sole trader card, or in its absence, the sole trader registration number;
• an agricultural primary producer card;
• a contract of agency, a contract for work, or a contract for use concluded as a private person; or
• in any other credible way.

Residence for the purpose of pursuing studies or vocational training can be certified by:
• the certificate of admission issued by the educational institution providing the education or training;
• a document evidencing a student legal relationship; or
• in any other credible way.

In the case of stay for any other purpose, with a document credibly certifying the purpose of stay.

In the case of an application submitted as a family member, the family relationship can be certified with:
• a certificate of birth;
• a certificate of marriage;
• a deed of adoption;
• any other document certifying the family ties.

DOCUMENTS SUPPORTING THE FINANCIAL CONDITIONS NECESSARY FOR LIVING IN HUNGARY

Please note that the financial conditions necessary for living in Hungary can be certified with lawfully earned income.

The financial conditions necessary for living in Hungary can in particular be certified with the following documents:

• a certificate issued by a credit institution proving cash savings at the Hungarian credit institution;
• a public document, or a private document of full probative force, evidencing the availability of property, right of property value, or property value in Hungary ensuring subsistence;
• a certificate of taxable income from a legal relationship for regular work subject to the Hungarian laws;
• taxable income from a regular income generating activity in Hungary, certified by a public document or in any other manner;
• a certificate issued by a Hungarian credit institution about regular income received from abroad;
• a declaration made by the family member living in Hungary, of which a notarial deed has been drawn up, giving assurance to maintain and support the applicant, and the document evidencing the ability to support of the person undertaking maintenance.

In the course of examining subsistence, the acting authority takes into account the number of persons living with the applicant in the same household and that of such persons how many are dependant and how many have an income or a property. In the course of the proceedings, on the basis of the documents submitted by the applicant, the average monthly income of the applicant [and of the person(s) having an income, living with the applicant in the same household] is be calculated for which purpose the acting authority takes into account the monthly average income with respect to the following periods:
• in the case of regular income:
– in other cases, the income earned in the three months preceding the submission of the application;
• in the case of a non-regular income, the amount received in the twelve-month period preceding the submission of the application.
By virtue of the above, a certificate of income issued by the National Tax and Customs Administration of Hungary with respect to the period defined above and/or the certificate of income issued by the employer are needed.

DOCUMENTS SUPPORTING THE EXISTENCE OF A HUNGARIAN ACCOMMODATION

Third country citizens submitting an application for a provisional permit to settle are required to report the establishment of their first domicile in Hungary, in case this domicile is the first in Hungary, upon submitting the application. The third country citizen is required to document that he/she has the right of disposal or use with respect to the flat for the purpose reporting his/her first domicile. The box included in the application for reporting the domicile (Annex “E”) has to be signed by the applicant and the owner of the flat, or the beneficiary having the right to use the flat under any other title, as host.

The existence of a Hungarian accommodation can be supported by

• a rental agreement certifying a rental relationship;
• a document on the use of the flat by courtesy;
• a document evidencing the ownership of the flat, with a less than 30-day old copy of the title deed;
• a declaration made by a family member holding a residence visa or residence permit in Hungary, having the legal status of an immigrant or settled person, or holding a residence card or permanent residence card in accordance with a special law, or recognised as refugee, of which declaration a notarial deed has been drawn up, and which provides assurance for ensuring a place of dwelling for the applicant; or
• a contract of sale and purchase of a real estate and a copy of the decision of the competent metropolitan or county government office granting permission for the acquisition of a real estate;
• with any other kind of document.

The document certifying the conditions of dwelling need not be submitted if the applicant has already filed it in the proceedings for the issuing, or renewal, of the residence permit, and the reported domicile of the third country citizen has not changed.

DOCUMENTS SUPPORTING THE EXISTENCE OF ALL INCLUSIVE HEALTH INSURANCE

When applying for a provisional permit to settle, the applicant may prove with submitting documents that he/she is eligible for all services of the Hungarian social insurance (is entitled to use the health services in particular on the basis of a special law, an international agreement, or a separate agreement on social insurance) or he/she has the financial means to cover the costs of his/her health care.

During the procedure the immigration authority may request the submission of further documents in order to clarify the facts! The period of time that passes from the notice to submit additional documents until the request is fulfilled is not be taken into account in the administrative deadline.

VALIDITY The provisional permit to settle shall be valid for a maximum of five years and can be renewed for a maximum of five years on each occasion.

The validity of the provisional permit to settle is required to be determined taking into account the expected duration of stay, as declared by the applicant, and the contents of the documents certifying the purpose of stay.

RELATED RIGHTS AND OBLIGATIONS
• A settled third country citizen shall have the rights ensured by the fundamental law and the statutory provisions.

• A settled person is also entitled to the rights of persons having a residence permit in accordance with special laws.

• In possession of a valid provisional permit to settle, no visa is required to enter and stay in the territory of the Schengen Area Member States for a maximum period of three months.

• He/she is entitled to employment without special permission.

• The immigration authority forwards electronically the personal and address data required for registration within five days from the issuing of the document certifying the legal status of a settled person to the district office competent on the basis of the domicile of the third country citizen having a settled legal status for the purpose of registering the settled third country citizen in the personal data and address register. The district office issues a certificate about the registration of the data.

• Third country citizens having the legal status of a settled person are entitled to a permanent personal identification card. The settled person is required to apply to the immigration authority for the issuing of the first personal identification card upon the receipt of his/her document certifying his/her legal status as a settled person. The immigration authority acts as a mediating authority and sends the application to the district office competent on the basis of the domicile of the settled person without delay after the entitlement, identity, citizenship of the third country citizen and the suitability of the photo portrait for identification have been checked and the district office makes a decision regarding the issuing of the permanent personal identification card.

• Settled third country citizens are required to report the change of their domicile reported in the course of the proceedings for the issuing of the settlement permit in accordance with the special laws at the district (metropolitan district) bureau of the metropolitan and county government office competent on the basis of the new domicile. The change of domicile does not entail the replacement of the residence document. The reporting of the change of domicile is certified by the official personal identification and address card issued by the clerk, therefore, this official card must be retained together with the residence document and presented for viewing to the authority.

• If a third country citizen child is born in Hungary to the immigrant and settled third country citizen, the fact of birth has to be reported at the regional directorate competent on the basis of the parent’s domicile or place of accommodation by presenting the child’s certificate of birth and submitting the formspecified by special laws within three months from the child’s birth. After the reporting, a provisional permit to settle is issued to the child if the parent has a provisional permit to settle by the competent regional directorate out of turn, but at the latest within five days.

• Third country citizens must report the loss, theft, or destruction of their travel document or residence permit to the immigration authority (the regional directorate of the Office of Immigration and Nationality, or a police station) without delay. The immigration authority issues an official certificate of the report. The immigration authority has to be informed of the finding of a document reported lost but found subsequently, without delay.