Residence of the student, pupil

INFORMATION

 

on

 

Residence of the student, pupil:

Residence Permit for the Purpose of Studies, the student mobility residence permit, the student mobility certificate

 

1.)  Which third-country national is eligible to be granted a residence permit for the purpose of studies, a student mobility residence permit and a student mobility certificate?

 

I. A residence permit for the purpose of studies may be issued to a third-country national, who

• ·establishes or has established a learning relationship with a public education institution registered in the public education information system as operating a full-time school system, or
• ·full-time studies at a state-recognised higher education institution or at a foreign higher education institution authorised to operate in Hungary, or
• ·wishes to reside in Hungary to participate in a preparatory course organised by the higher education institution.

 

Applicants must have the linguistic knowledge required for the pursuit of studies.

 

A residence permit for the purpose of studies shall not be granted to a third-country national who(se)

• ·applied for recognition as a refugee or who requested any subsidiary form of protection or temporary protection from the asylum authority,
• ·is a refugee or a beneficiary of temporary or subsidiary protection,
• ·is a person with tolerated status,
• ·expulsion has been suspended,
• ·is a person with the right of free movement and residence,
• ·holds an EU long-term residence permit,
• ·arrives in the territory of the European Union as an intra-corporate transferee or trainee, and
• ·enters the territory of the European Union for the purpose of highly qualified employment.
• ·holds a residence permit issued by another Member State of the European Union for the purpose of study, intends to pursue part of his/her studies at a Hungarian higher education institution and are not covered by an European Union or multilateral programme involving mobility measures or an agreement between two or more higher education institutions.

II.             Student mobility residence permit may be granted to a third-country national, who

 

 

 

III.           Student mobility certificate may be granted to a third-country national, who

• ·holds a residence permit issued by another Member State of the European Union for the purpose of study, intends to pursue part of his/her studies at a Hungarian higher education institution and covered by an EU or multilateral programme involving mobility measures or an agreement between two or more higher education institutions, and
• ·notifies the immigration authority of the student mobility plan and the planned duration of the mobility in order to exercise student mobility.

 

Before starting the procedure, please clarify with the sending or host educational institution whether you are coming to Hungary under a European Union or multilateral programme involving mobility measures or under an agreement between two or more higher education institutions.

 

A third-country national is defined as:

 

• ·Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals or family members of an EEA national, and
• ·stateless persons
• qualify as third-country nationals.

 

2)Where can clients submit their applications?

 

I.Application for the issuance of a residence permit

 

a)Application submission outside of Hungary

 

If you are not a holder of a residence permit and your entry into Hungary is not covered by the visa-exempt travel regime your application for the issuance of a residence permit is to be submitted outside of Hungary. 

 

You may submit an application before a diplomatic or consular foreign mission of Hungary in the country of your nationality or your habitual place of residence.

Please be advised to contact the competent foreign mission of Hungary to inquire for further information, if there are any other places authorised to receive applications for a residence permit. Such application receiving places are constituted by e.g., honorary consuls, trade representations, and external service providers.  

 

If there are not any consulates or other types of places receiving application, in exceptional cases, you may submit an application in a country where you are staying legally provided that you provide proof of the reasons of your exceptional application submission.

 

Submitting an application for a visa separately is not required, as an application for the issuance of a residence permit comprises an application for a visa entitling its holder to collect the respective residence permit.

 

b)  Application submission within the territory of Hungary

 

When may an application for the issuance of a residence permit be submitted within the territory of Hungary?

 

If you are allowed to enter the territory of Hungary visa free  due to your nationality, and you are not a holder of a residence permit, you may submit an application for a residence permit within the territory of Hungary during your legal stay as well.

 

How can applications for a residence permit be submitted in Hungary?

 

Application submission in Hungary is available:

• ·by electronic means via the electronic information system and procedure initiation platform of “Enter Hungary”, which is available by clicking here, or
• ·in person, before the competent regional directorate of NDGAP as per your place of accommodation. Contact details of the regional directorates and further information are available by clicking here.

 

Please note that application submission is available only via the Enter Hungary platform if your attorney-in-fact is a legal representative or a legal person.

 

II.  Application for the extension of a residence permit

 

Submission of applications for the extension of a residence permit for the purpose of studies is only available within the territory of Hungary, via the platform of Enter Hungary, which is available by clicking here.

Please be informed that the extension of the residence permit for the purpose of studies is only possible if

• ·you are a holder of a valid residence permit at the time of application submission,
• ·you resided within the territory of Hungary with your residence permit at least 90 days in any 180-day period.

 

Furthermore, please note that an application for the extension of a residence permit for the purpose of studies is to be submitted at least 30 days prior to the date of expiry of the issued residence permit.

 

The student mobility residence permit and the student mobility certificate cannot be extended.

 

3) Additional information on application submission

 

For submission of an application in person, applicants are required to complete the application form correctly in full and to submit the completed document with their signature. The form is available by clicking here and the appendix here. In Word format: click here or here.

For submission of an application via the platform of Enter Hungary, the full and correct completion of the electronic application form is required, which is available on the platform. The platform of Enter Hungary is available by clicking here.

 

If the applicant is a minor with limited capacity or incapacity, the application is submitted by the applicant's legal representative, but if the applicant is over the age of six, he or she must appear in person when submitting the application.

 

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph and fingerprint of the applicant will be taken.

 

An application submitted via the platform of "Enter Hungary" is deemed to have been received by the immigration authority, if the administrative service fee has been paid, and the facial photograph and fingerprint of the applicant is taken and signature specimen of the applicant is recorded within 15 days from the date of receipt. The immigration authority will send out a notification when your application is deemed to have been received.

 

4) Administrative service fee for the procedure

 

For information on administrative service fees for procedures, please click here.

 

5) What are the mandatory attachments/enclosures of an application?

For the approval of an application for a residence permit, the applicant is required to meet conditions for entry and residence in Hungary, during the procedures mandatory attachments/enclosures may serve as proof of meeting the set conditions.

Please make sure completion of the attachments/enclosures is in full and check all documents before submission, supporting the soonest possible processing and examination of the application.

 

Documents in proof of the purpose of residence

 

The purpose of residence may be verified by:

• ·a certificate of admission from the relevant educational institution,
• ·a document verifying student status,
• ·other credible means.

Linguistic knowledge required for the pursuit of studies may be verified by:

• ·a language certificate in proof of language proficiency examination,
• ·an official diploma in proof of studies in a foreign language,
• ·other credible means.

When applying for a student mobility residence permit or submitting a student mobility notification, the agreement or admission certificate with the Hungarian higher education institution must be attached.

 

The application must be accompanied by proof of payment of tuition fees.

 

In the case of extension a statement made out by the education establishment on the applicant’s academic advancement shall also be attached/enclosed. The certificate issued by the education establishment shall contain information about the number of semesters in the given tertiary training, the number of active semesters the foreign national has in the training, indicating also the specific semesters in question.

NDGAP may refuse the extension of the residence permit for the purpose of study or may revoke the permit if the student fails to obtain a degree within one and a half times the period of study as set out in the training and the exit requirements.

 

Please also note that if you have been granted a residence permit for the purpose of attending a preparatory course, the permit can only be extended if you have been admitted to a state-recognised higher education institution or a foreign higher education institution authorised to operate in Hungary and you provide proof of this by means of an admission certificate or a student status certificate.

 

Documents in proof of means of subsistence in Hungary

 

One of the following documents must be submitted as proof that the applicant has sufficient resources, i.e. (s)he can cover costs related to his/her subsistence, accommodation, return/onward travel (i.e. exit from Hungary) and healthcare services from legally acquired income and savings:

• ·a certificate from a credit institution under the applicant’s name (e.g. a bank account statement, an account statement on savings or stocks and bonds, bank balance statement),
• ·a notarised declaration by a member of the applicant’s family undertaking to provide for the maintenance and support of the applicant and a document certifying the ability of the person providing the support to do so,
• ·a document on regular income issued by the employer or the tax authority
• ·other credible means (e.g., a scholarship certificate).

 

Documents proving that the applicant has a place of accommodation in Hungary

 

An existing and real Hungarian address shall be declared as accommodation on the application form. It is not necessary to attach/enclose a separate document.

 

Documents proving that the applicant has health insurance

 

Documentary evidence must be submitted as proof that the applicant has access to comprehensive health insurance services covering all healthcare services or that (s)he can cover the costs of such services.

An applicant meets this condition in the following cases:

• ·(s)he qualifies as a person with health insurance services under social security,
• ·(s)he has access to the Hungarian health insurance services within the framework of an international convention/treaty or agreement,
• ·(s)he can cover the costs of his/her healthcare services based on documents in proof of his/her means of subsistence available in Hungary.

 

Documents proving that the applicant meets the conditions of exit (i.e. conditions to a return/onward travel)

 

Meeting the conditions of exit may be proved by:

• ·a valid passport,
• ·having a valid ticket/valid tickets for the relevant travel or the amount of money to cover the costs of the travel.

 

Other required documents

 

• ·If the applicant is a minor, proof that his/her parent or legal guardian has consented to his/her stay in Hungary. The parental consent must be recorded in an authentic instrument or a private document with full probative force and accompanied by a translation into Hungarian or English.
• ·Attaching/enclosing 1 facial photograph to/with the application is required.

 

In case of an extension, attaching/enclosing documents on unchanged conditions is not required.

 

6) Time period of procedural administration

 

Time period for procedural administration: 15 days

 

In addition to mandatory attachments/enclosures, NDGAP may request the submission of further documents for clarification of facts of the case or implement other procedural conducts.

 

The period for remedying deficiencies (e.g., submission of missing documents) and for the implementation of various other procedural conducts is not comprised in the time period of the procedural administration. 

 

The authority acting on the application for a residence permit for studies case adopts a decision as to merits within 60 days from the date of the submission of the application.

 

7) Receiving the residence permit document and the student mobility certificate

 

If you submitted your application for a residence permit for the purpose of studies and for the student mobility residence permit before a foreign diplomatic or consular mission of Hungary and the regional directorate approves your application for a residence permit, it shall constitute approval for the issuance of an entry visa entitling its holder to receive a residence permit, of which the competent Hungarian consulate shall be notified by the regional directorate.

The entry visa entitling its holder to receive a residence permit shall be issued by the competent consulate officer.

Please note that type "D" visa entitling their holder to receive their residence permits issued to third-country nationals is a single-entry visa authorising a stay of not more than 30 days and is valid for 3 months.

Please note that if you do not enter the territory of Hungary within 3 months from the date of approval of the issuance of your residence permit and do not start your approved residence, the approved residence permit becomes invalid and the approval of your accrued right of entry and residence ceases.

 

The residence permit for the purpose of studies shall be delivered by way of post to the address of the educational establishment.

 

The student mobility residence permit and the student mobility certificate shall be delivered by way of post to the address indicated as place of delivery in the application form.

 

8) How long is the validity period of the permit?

 

Validity period of the residence permit for the purpose of studies is minimum 1 year, or if the training is less than 1 year, it is adjusted to the duration of the training. Validity period of the document is maximised in 3 years. It may be extended for minimum 1, maximum 3 years.

 

The validity period of a residence permit for the purpose of studies may not exceed the validity period of the applicant's travel document.

The validity period of the student mobility residence permit and the student mobility certificate is maximised in 360 days.

The validity period of the mobility residence permit and the mobility certificate shall be determined in a way so that it does not exceed the period of validity of the residence permit issued by the first Member State.

 

9) Other information

 

• ·Family Reunification

 

A third-country national holding or applying for a residence permit for the purpose of studies, a student mobility residence permit or a student mobility certificate shall not be granted a residence permit for the purpose of family reunification.

An exception to this is if a third-country national holding a residence permit for the purpose of studies gives birth to a third-country national child in Hungary during the period of validity of the residence permit, as in this case the child will receive a residence permit issued for the purpose of family reunification after notification on the child’s birth.

 

• ·Long-term resident status

 

Third-country nationals holding a residence permit for study purposes, a student mobility residence permit or a student mobility certificate may not be granted a national residence card.

 

• ·Employment

Third-country nationals holding a residence permit for the purpose of studies, a student mobility residence permit or a student mobility certificate may engage in employment during their study period for maximum thirty hours weekly, and outside their study period full-time for a maximum period of ninety days in a year.

 

• ·Seeking a job or starting a business

 

If you have a valid residence permit for the purpose of study and you have successfully completed your studies and the job or business you want to start in Hungary is suitable for the level of your studies, you can submit an application for a residence permit for seeking a job or starting a business in Hungary.

More information on how to submit an application is available here.

 

• ·Appeal

 

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 foreign mission where the application was submitted.

 

Please note that the authority shall dismiss the appeal without any examination as to merits in the following cases:

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

-  the applicant introduces and refers to new facts of the case, of which (s)he was aware before the decision was taken,

-  the appeal is submitted without indicating its grounds or cause.

 

For information on reporting obligations, please click here.