In general, citizens of EEA countries are free to reside and work in Hungary without any prior formalities. Family members of an EEA national (who are not themselves EEA nationals) must obtain a residence permit to reside in Hungary and a work permit if they want to work in Hungary. EEA nationals and their EEA-national family members are free to work for a company or be self-employed without needing a work permit. If EEA nationals stay for longer than 90 days within any 180-day period, they must notify the competent regional office of the National Directorate-General for Alien Policing of their residence in Hungary no later than on the 93rd day of their stay. Then, the competent office will issue a registration card certifying the notification.
Besides Hungary, the following countries belong to the EEA: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Germany, Iceland, Ireland, Italy, Liechtenstein, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
According to treaties between Switzerland and the EU, Swiss nationals enjoy immigration rights equal to those of EEA nationals.
EEA citizens and family members who have legally and continuously resided in Hungary for five years have the right of permanent residence. However, in certain cases, less than five years' residence will suffice for EEA citizens who have been residing in Hungary with the purpose of gainful activity (e.g., more than three years is required if the EEA citizen performing a gainful activity is entitled to receive a pension upon the termination of their employment). The right of permanent residence is terminated if the qualified EEA citizen spends more than two years outside of Hungary.
As of 1 February 2020, UK citizens are considered foreign nationals. However, they enjoy more benefits than other foreign nationals. For example, UK citizens arriving from the UK are exempted from visa requirements if the duration of their stay is less than 90 days within a 180-day period. Those who legally resided in Hungary prior to Brexit benefit from derogations from the requirements set forth in the immigration laws during the residence permit application process. For example, the conditions of accommodation (e.g., means of subsistence and health insurance) will not be examined during the residence application process for UK citizens who legally resided in Hungary (with a registration certificate) and apply for a residence permit after three years. All documents that the foreign national previously obtained (registration certificate, residence card or permanent residence card) remain valid until the three-year residence period ends. Foreign nationals who have acquired the right to move and reside freely but failed to register or apply for a new status can initiate their settlement status according to the New Immigration Act. by applying for a residence permit.
The Third-Country National Act also applies to UK citizens and their foreign-national family members who arrive in Hungary after Brexit if they intend to stay for more than 90 days within a 180-day period. Residence permits issued to UK citizens are valid for three years. Applications for national residence permits must be submitted to the regional directorate of the National Directorate-General for Aliens Policing of the jurisdiction that is the foreign national's future place of residence in Hungary.
The benefits granted to UK citizens are as follows:
Family members of UK nationals permanently residing in Hungary, with whom a current family relationship that predates Brexit exists, may continue to benefit from the preferential arrangements for up to three years after Brexit.
Foreign-national family members of a UK national legally residing in Hungary within three years from the date of Brexit may be granted a national permanent residence permit. During the application process, the following will be examined: the existence of a legal residence, a family relationship (both prior to and after Brexit) and the existence of grounds.EU nationals are not required to obtain a work permit or visa to stay or work in Hungary. They are only subject to registration requirements. Similar treatment applies to citizens of Norway, Liechtenstein, Iceland and Switzerland. However, the employer must notify — no later than on the date the employment commences — the competent labor center of the employment of an EEA national without a work permit. Further, the employer must also notify the labor center upon the termination of this employment. In general, a workforce demand procedure must be initiated before the competent labor center. The procedure must be initiated by the Hungarian entity seeking to employ a third-country national. This entity must submit a form in which it demands the workforce to fulfill the positions specified in the request. During the procedure, the labor center examines whether there are any Hungarian or EU nationals registered as jobseekers in Hungary who could be employed in the position that the third-country national is seeking to fulfill. If there is such a registered jobseeker, the third-country national cannot be employed in that position.
Other foreign nationals can also be employed, provided that they have been granted at least one of the following:
Third-country managers, experts and trainees assigned to a Hungarian receiving enterprise must, within the same group of undertakings, obtain a special type of residence permit tailored to assignments within the group of undertakings. The processing deadline is 60 days, and no workforce demand procedure is to be conducted.
According to the New Immigration Act, third-country nationals can work if they obtain a (i) work permit, (ii) work permit issued for the purpose of carrying out an investment or (iii) guest worker permit.
The permit is valid until the investment has been carried out, but for no more than three years. After three years, the permit cannot be extended.
The New Immigration Act defines preferential employers as follows:
The guest worker permit may be extended for a period of up to one year, provided that the residence permit for employment purposes may not be extended for a period exceeding three years from the date of its first issue.
As a general rule, a work permit must be obtained if a foreign national would like to work in Hungary for less than 90 days within any 180-day period. A joint permit (including the labor center's approval and a residence permit) is required if a foreign national would like to work in Hungary for more than 90 days within any 180-day period.
If a work permit or a joint permit is required, the Hungarian entity for which the foreign employee will work must initiate a workforce demand procedure with the regional branch of the labor center as a preliminary step. A workforce demand form and the Hungarian entity's data sheet must be submitted for this purpose.
After a valid workforce demand has been filed, the following steps must be taken:
Under certain circumstances, both the work permit and the labor center's approval can be obtained in a simplified procedure (i.e., there is no need to go through a workforce demand procedure when submitting the work permit application to the labor center or the joint permit application to the immigration bureau). The following circumstances may give rise to a simplified procedure:
Rather than providing an exhaustive list of each category exempted from the work permit requirements, below is a summary of the categories most often used for multinational corporations sending business travelers and foreign nationals to work in Hungary.
No work permit is required for the performance of work by a foreign national who meets at least one of the following criteria: