The applicable law specifies three types of settlement permits:
However, the New Immigration Act also acknowledges settlement permits issued prior to it coming into force.
A third-country national intending to settle down in Hungary may obtain at least one of the following:
A foreign national holding a European settlement permit granted by an EU member state in accordance with Council Directive 2003/109/EC of 25 November 2003 can obtain an interim settlement permit if the purpose of their stay in Hungary is the following:
This permit can be valid for up to five years, but occasionally can be extended for another five years.
A national settlement permit can be issued to foreign nationals holding a residence visa or residence permit or an interim settlement permit if that individual satisfies the specific requirements included in the New Immigration Act.
A foreign national can be issued an EC permit for settling down after they have legally lived in Hungary for at least five years prior to filing the application.
Foreign nationals may enter and stay in Hungary for a period exceeding 90 days within any 180-day period if they meet the specific requirements (e.g., justify the purpose of their stay, have sufficient financial resources to cover their healthcare services and similar) listed in the New Immigration Act.
The applicable law distinguishes between the following types of visas and permits:
Nationals from non-privileged countries must obtain a visa for the duration of their business trip to Hungary and apply for their visa at a Hungarian diplomatic post abroad.
A valid Schengen visa entitles the holder to travel through and stay in the member countries of the Schengen Agreement (Germany, Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland) for a maximum period of 90 days within any 180-day period.
Schengen visas must be applied for at the representation of the country that is the main destination of the intended travel or, if the main destination cannot be ascertained, at the representation of the country first entered into within the Schengen Area.If in possession of a residence permit, a foreign national is entitled to stay in Hungary for longer than 90 days within any 180-day period. A residence permit must be applied for in a joint permit procedure if the purpose of the stay is to work, the applicant intends to terminate the local employment contract with the Hungarian receiving entity and the applicant is not subject to a work permit exemption. A joint permit will permit both work and residence in Hungary.
Foreign nationals seconded within the same group of undertakings may only obtain a residence permit in Hungary if they hold the position of executive, expert or trainee. If secondees do not hold any of the above positions, or if the secondment is not intragroup, a local employment contract with the Hungarian receiving entity is necessary to obtain a work and residence permit.
In addition to the gainful activities, under specific circumstances, a residence permit may be issued for the purpose of family reunification, studying, scientific research, job-seeking, training, starting a business or student mobility.
The New Immigration Act introduces the Visitor Investor Visa, which will entitle its holder to stay for more than 90 days within a 180-day period and will allow multiple entries during the validity period of the visa. Only Visitor Investor Visa holders can apply for a Visitor Investor Permit.
To be eligible for a Visitor Investor Visa, the third-country national must meet the following conditions:
The New Immigration Act defines the following investments as being in the national economic interest:
The visa is valid for up to two years.
According to the New Immigration Act, the holder of a Visitor Investor Residence Permit is entitled to carry out activities for consideration on their own or as a managing director of a company, cooperative or other legal person established for gainful purposes, or is entitled to work in Hungary within the framework of an employment relationship.
To be eligible for a Visitor Investor Residence Permit, the third-country national must meet the following conditions:
The maximum validity period of a Visitor Investor Residence permit is 10 years, which can be extended by a maximum of 10 years for the same purpose only. If the Visitor Investor Residence Permit is extended, the validity period may exceed the validity period of the third-country national's passport.
The New Immigration Act introduces the Hungarian Card, which will only be available to third-country nationals (i) whose purpose of residence is to carry out actual work for or under the direction of another person for consideration based on their employment relationship, or (ii) who, as the owner or manager of a company, cooperative or other legal person established for gainful purposes, is actually carrying out work in addition to the activities falling within the scope of that activity.
In addition to the above, the third-country national must meet at least one of the following criteria:
The Hungarian Card can be valid for three years maximum.
The National Directorate-General for Aliens Policing issues EU Blue Cards to support the work and residence of foreign nationals with especially high skills. An EU Blue Card is both a work and residence permit. With an EU Blue Card, a temporary residence title is issued for four years. If the duration of the employment contract is less than four years, the EU Blue Card is valid for the duration of the employment contract plus three months. An EU Blue Card can be extended for an additional four-year period.
Hungarian immigration law provides specific provisions regarding residence permits of spouses and other close relatives of foreign nationals holding a residence permit, a settlement permit or another valid long-term visa. These specific provisions aim to facilitate the cohabitation of families during their residence in Hungary.