Residence permit for other purposes

Those persons possessing a real estate property may be eligible for a residence permit in Hungary regarding the details below. There are no special requirements concerning the property, just about its size: the property shall have aminimum 6 square meters of living space per person. If the application with the mandatory documents of the third-country national are submitted to the competent authority and evidence of sufficient resources to cover the subsistence for residence being held on a Hungarian bank account is proven, the applicant shall be eligible for a residence permit in Hungary for other purposes.

The validity period for a residence permit for other purposes is maximum five years, and it may be extended by maximum five additional years at a time.

A third-country national holding a valid residence permit has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one-hundred-and-eighty-day period.

The residence permit for other purposes does not constitute an entitlement to engage in gainful activity and to undertake employment.

After possessing a valid residence permit in Hungary, the owner of the permit shall be eligible for a permanent residence permit in Hungary, which grants full legitimacy to engage in gainful activity and to undertake employment and to stay in Hungary for unlimited time without any particular permission.

Our Law Firm provides full service to third-country national persons concerning all their needs relating real estate purchase, maintenance, application for residence permit, opening bank account, acquiring bank loan in Hungary.

Eligibility

A residence permit for other purposes may be issued to a third-country national who plans to stay in the territory of Hungary for a reason other than those specified in Sections 19–27 of the Act on the Admission and Right of Residence of Third-Country Nationals and fulfils the requirements for the right of residence in Hungary in other respects (e.g. plans to attend a higher education institution that has not been accredited in Hungary, or for the purpose of language learning, etc.).

The reasons specified in Sections 19-27 of the Act at issue are the following:

• A residence permit may be issued on the grounds of family reunification to a third-country national who is relative of a third-country national who is in possession of a residence permit
• A residence permit may be issued for the purpose of gainful employment to third-country nationals
• A third-country national holding an EU Blue Card (a residence permit entitling its highly qualified holder to reside and work in highly qualified employment in the territory of a Member State under the terms set out the relevant legislation)
• A residence permit may be issued on grounds of pursuit of studies to third-country nationals
• A residence permit may be issued for the purpose of carrying out scientific research to third-country nationals
• Residence permit may be issued for official duty to third-country nationals
• Residence permit may be issued for the purpose of medical treatment to third-country nationals
• Residence permits may be issued for the purpose of visit to third-country nationals holding a letter of invitation specified in specific other legislation
• A residence permit may be issued for the purpose of voluntary service activities to third-country nationals
• A national visa or national residence permit may be issued under international agreement to third- country nationals seeking admission into the territory of Hungary to engage in activities intended to preserve cultural and ethnic identity or the preserve and maintain the Hungarian language, further family ties, other than family reunification.

Definitions

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

EU Blue Card: (a residence permit entitling its highly qualified holder to reside and work in highly qualified employment in the territory of a Member State under the terms set out the relevant legislation)

Information on submitting the application and the related process

The following things are required to submit an application: the completed form, facial photograph made not more than 3 months previously, and the prescribed enclosures, payment of the procedural fee.

It is very important to know when submitting the application, the applicant is required to appear before the authority in person, except if unable to appear due to his/her health condition.

If the applicant is a minor of limited capacity or if incompetent, the application may be submitted by the applicant’s legal representative in his/her stead. If the minor client has reached the age of six at the time the application is submitted, he/she shall be required to appear in person when the application is submitted.

When the application is submitted, the applicant’s facial likeness and – over the age of six years – fingerprint will be taken for the residence permit issued with biometric data.

Third-country nationals may apply for an entry visa for receiving a residence permit before admission to the country in the application for residence permit, without having to lodge a separate application.

These entry visas are called D visas for entitlement to receive a residence permit issued to third-country nationals are single-entry visas authorising a stay of not more than 30 days.

Third-country nationals residing in the territory of Hungary may submit an application for residence permit at the regional directorate responsible for the place where the place of accommodation of the third-country national is located.

To extend the residence permit the application shall be submitted in person at the regional directorate responsible for the place where the place of accommodation is located 30 days before it expires at the latest, with the necessary documents attached and the administrative fee payed.

The regional directorate shall rule on the application for residence permit for other purposes within 21 days.

In case of refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of first instance, or at the Hungarian diplomatic or consular mission where the application was submitted.

Mandatory enlosures that shall be presented at the application

–       In the case of residence for other purposes the client is to submit the document evidencing the purpose of residence.

–       A third-country national is considered to have (documents in proof of means of) sufficient resourcesto cover his/hersubsistence for residenceexceeding 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.

• This requirement of subsistence may in particular be verified by funds held on Hungarian bank account

–       Documents prooving the existence of Hungarian accommodation. The accomodation 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.

–       Enclosed with the application for residence permit the applicant shall provide proof of having access to comprehensive health insurance services,or that he/she has the necessary financial resources to cover the costs of such services.

Documents evidencing the conditions of exit may be verified by valid passport and a valid ticket for departure, or sufficient funds to purchase such a ticket.

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.