Foreign nationals from a privileged or semi-privileged country (for which the European community has abolished or simplified the visa requirement) may enter Hungary without a visa and submit the application for a residence permit/joint permit directly to the regional office of the National Directorate-General for Alien Policing. Notwithstanding this, the foreign national cannot work until a work permit/joint permit has been issued.
Simultaneously with European integration, Hungary developed a unified immigration system of regional immigration offices that are responsible for all aspects of immigration. Hungary joined the EU on 1 May 2004 and became a party to the Schengen Treaty on 31 December 2007. These milestones in Hungary's integration had a substantial impact on Hungarian immigration law by harmonizing Hungarian law with EU law. Further, specific provisions applicable to EEA citizens have been introduced into the Hungarian legal system.
Hungary has developed extensive business and commercial relations across the world in the last two decades. As a result, there is a significant demand for flexible immigration rules that decrease bureaucratic burdens for business travelers and foreign nationals employed by Hungarian entities or international corporations and sent to Hungary for work.
Foreign nationals from non-privileged countries must obtain a visa for a short-term stay in Hungary. These are generally issued within 15 calendar days but may take up to 30 days if the application is scrutinized or a diplomatic delegation processes the visa application and consults certain authorities of Hungary. In exceptional situations where additional documentation is necessary, the period may be extended to up to 60 days.
On 13 December 2023, the Hungarian Parliament adopted Act XC of 2023 on the general rules for entry and residence of third-country nationals ("New Immigration Act"). It entered into force on 1 January 2024. The requirements for a short-term stay remain the same under the New Immigration Act; however, the rules of long-term residence have been changed significantly.
For long-term residence in Hungary, non-EEA nationals must obtain a residence permit/joint permit. There are various residence permits, depending on the purpose of staying in Hungary. These include the following:
- Performing work (individually, as a guest worker or carrying out an investment)
- Investment
- Intragroup transfer
- Studying
- Family reunification
- Scientific research
- Visiting
- Healthcare
- Performing voluntary activities
- Assignment within a group of undertakings
- Job-seeking
- Starting a business
- Student mobility
- Training
Applicants can easily choose a category that accommodates their stay in Hungary. Additionally, the applicable laws also contain specific provisions for foreign nationals intending to work seasonally or whose residence is related to the fostering of Hungarian traditions or study of the Hungarian language, culture or family relations (except in the case of family reunification).
Currently, foreign nationals seconded within the same group of undertakings can only obtain a residence permit in Hungary if they are an executive, expert or trainee. If seconded employees are not employed as any of the above positions, or if the secondment is not intragroup, they must have a local employment contract with the Hungarian receiving entity to be issued work and residence permits.
As of 1 January 2019, family members of EEA nationals (who are not themselves EEA nationals) must obtain a residence permit to reside in Hungary. They also must have a work permit if they want to work in Hungary. Prior to 1 January 2019, they enjoyed the same rights as EEA citizens.
Summary procedures are available for certain immigration procedures. However, if the background facts and documents for an application are clear and the administrative deadline is in less than two months (60 days), the immigration bureau will decide whether to grant the permit within eight days, which can accelerate certain residence permit procedures.
In line with Directive (EU) 2021/1883 of the European Parliament and of the Council regarding the conditions of entry and residence of foreign nationals for the purposes of highly qualified employment, the National Directorate-General for Aliens Policing issues EU Blue Cards for foreign nationals to work and reside in Hungary, especially those that are highly skilled.
Simultaneously with the increased number of foreign nationals employed in Hungary, there has been significant growth in the number of foreign nationals employed illegally. The applicable law has been amended to combat illegal employment by strengthening the immigration rules. As such, employers of foreign nationals are increasingly subjected to penalties and other sanctions for unauthorized employment.
As of 1 January 2019, residence permit applications can be submitted electronically, unless the application is filed with the Hungarian Embassy or Consulate abroad.