Residence Permit for the purpose of intra-corporate transfer and Permit for long-term mobility

INFORMATION

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Residence Permit for the purpose of intra-corporate transfer and Permit for long-term mobility

 

1) Which third-country nationals are eligible to be granted a residence permit for the purpose of intra-corporate transfer?

A residence permit for the purpose of intra-corporate transfer may be issued to a third-country national:

• ·who at the time of the application for a residence permit resides outside the territory of the Member States of the European Union and has been transferred intra-corporate, or

 

• ·holding a residence permit for the purpose of intra-corporate transfer issued in any Member State of the European Union (permit for long-term mobility)

Intra-corporate transfer is defined as a third-country national residing outside the territory of the Member States of the European Union and who is temporarily posted for employment or training purposes by a company established outside the territory of the Member States of the European Union and the third-country national is bound by work contract before and during his/her transfer with the same company or group of companies and in special cases mobility between host organisations established in one or more second Member States.

A residence permit for the purpose of intra-corporate transfer may not be issued:

• ·to a third-country national holding a residence permit for the purpose of research;
• ·to any third-country national who, under agreements between the European Union and its Member States and third countries, enjoy rights of free movement equivalent to those of Union citizens or are employed by a company established in those third countries;
• ·to any third-country national covered by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, as long as he/she is posted on the territory of Hungary;
• ·to private entrepreneurs;
• ·to third-country nationals assigned for occupational activity by employment agencies, temporary work agencies or any other companies engaged in making available labour to work under the supervision and direction of another company;
• ·to third-country nationals admitted as full-time students or who are undergoing a short-term supervised practical training as part of their studies.

Definition of third-country nationals:

• ·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?

 

1. I.Application for the issuance of a residence permit

 

1. a)Application submission outside of Hungary

 

If you are not allowed to enter the territory of Hungary visa free and you are not a holder a residence permit issued by another EU Member State for the purpose of intra-corporate transfer, 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 the country of your nationality or your habitual place of residence, 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 a residence permit.

b)  Application submission within the territory of Hungary

 

When can 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 of a residence permit within the territory of during your legal stay in Hungary as well.

If you hold a residence permit for the purpose of intra-corporate transfer issued by another EU Member State, you may submit an application (long-term mobility permit) in Hungary as well.

The application must be submitted at the latest 20 days before the long-term mobility starts, or in possession of a valid residence permit issued by a Member State of the European Union, 20 days before the end of lawful residence in Hungary of not more than 90 days.

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 the applicant’s 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.

 

1. II.Application submission via an employer

 

Applications for the issuance of a residence permit for the purpose of intra-corporate transfer (and a permit for long-term mobility) and for the extension of a residence permit for the purpose of intra-corporate transfer (and a permit for long-term mobility) may also be lodged by an employer, if the concerned employee as applicant gives consent to such a process in a written declaration of consent and

• ·(s)he has not entered the territory of Hungary, or
• ·(s)he has entered the territory of Hungary visa free, is staying legally and is not a holder of a residence permit, or
• ·(s)he is a holder of a valid residence permit for the purpose of intra-corporate transfer (a permit for long-term mobility), and wishes to apply for its extension.

 

Applications by an employer may be submitted only via the platform of Enter Hungary.

The platform of Enter Hungary is available by clicking here.

In cases when the application for a residence permit concerned is lodged via an employer, the client concerned is required to appear in person before the authority to facilitate taking the applicant’s facial photograph, recording his/her fingerprint and implementing other procedural conducts upon the request of the authority.

III. Application for the extension of a residence permit

Submission of applications for the extension of a residence permit for guest workers 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 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 for 90 days in any 180-day period.

 

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

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.

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 your application for a residence permit, you are 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 in full and check all documents before submission, supporting the soonest possible processing and examination of your application.

Documents in proof of the purpose of residence

The following documents may serve as proof of the purpose of residence:

• ·employment contract or letter of assignment between the applicant and the company established in the third country, stating that the intra-corporate transfer was immediately preceeded by three months of continuous employment at the same company or group of companies,
• ·evidence that the Hungarian host entity and the company established in a third country belong to the same company or group of companies;
• ·evidence, in the case of executive employees and specialists that the third-country national has the university degree or vocational training, or in the case of trainee employees, the university degree required;
• ·statement issued by a Hungarian host entity stating that the executive employee or specialist has the experience needed for the intra-corporate transfer,
• ·declaration by the company established in a third country of the planned duration of the intra-corporate transfer in Member State of the European Union (to prove that among the Member States of the European Union, Hungary is the country with the longest period of intra-corporate transfer)

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:

• ·an employment contract or a letter of assignment,
• ·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 document on regular income issued by the employer or the tax authority.

 

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

The applicant shall declare a real Hungarian address as an accommodation on the application form. A separate document will not be required to be attached to the declaration.

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

• ·Attaching/enclosing 1 facial photograph to/with the application is required.

 

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

6) Other information in relation to the procedure

 

Applications for the issuance/extension of a residence permit for guest workers are examined under a single application procedure.

For detailed information on the single application procedure, please click here.

7) Time period of procedural administration

Time period for procedural administration: 21 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 case adopts a decision as to merits within 70 days from the date of the submission of the application.

8) Receiving the residence permit document

If you submitted your application for a 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 are 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.

A residence permit document shall be delivered by way of post to the address indicated as place of delivery in the application form.

If the application was submitted by an employer, the document shall be delivered to the employer, to the employer’s official contact address, in the absences thereof, to the employer’s place of establishment (i.e. registered address).

Please note that receiving your document before NDGAP’s regional directorate in person is only allowed, if you prove that you are not in a position to receive the document at the address indicated as place of delivery in your application.

 

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

In case of executive employees or specialists the validity period of the document is maximised in 3 years, and it may be extended; however, its validity period may not exceed 3 years of time from the date of first issuance.

In case of trainee the validity period of the document is maximised in 1 year, and it may be extended; however, its validity period may not exceed 1 year of time from the date of first issuance.

Please note that the authority shall determine the date of expiry of the residence permit in a way that the third-country national’s travel document shall be valid at least for another 3 months after the date of expiry of the approved residence.

10) Further information

• ·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 adopted,

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

 

For information on reporting obligations, please click here.