A residence permit for the purpose of eployment may be issued to third-country nationals whose purpose of residence is to work for or under the supervision of another person, for remuneration, under contract for employment relationship; or who performs work as the owner or executive officer of a for-profit business association, co-operative society or some other legal entity, in addition to the work actually performed in that capacity.
The residence permit for the purpose of employment will be judged in single application procedure. That means that the fulfilment of the conditions of acquiring the residence permit and the work permit will be examined and judged in the same proceeding, the applicant shall submit only one application for the residence permit and the work permit. The application will be judged by the immigration office. The competenet government office will be involved in the proceeding as specialist authority that adopts an authority statement about the support of the employment of the applicant in Hungary. It is regulated as well which conditions shall be met to acquire the support of the specialist authority regarding the employment in Hungary.
Read about acquiring a residence permit for the purpose of employment in Hungarian language by clicking the following link.
The general conditions of issuing the residence permit for the purpose of employment are the same as of the other residence permits’. These are the followings:
- valid travel document;
- permit necessary for the applicant for leaving the country;
- the applicant shall evidence the purpose of the travel to Hungary and the residence in Hungary;
- the existence of Hungarian accomodation;
- sufficient resources to cover the accomodation and subsistence for the whole period of the residence as well as the travel;
- comprehensive health insurance;
- the applicant shall not be under expulsion or prohibition of entry and stay as well as the travel and the stay of the applicant shall not violate the public order, the public and national security of Hungary;
- the applicant shall not be under an alert issued in the SIS for the purposes of refusing entry and stay.
In case of residence permit for the purpose of employment, the purpose of the travel to Hungary shall be proved with the pre-contract on the employment relationship or with any other document proving the employment relationship. In case of that the residence permit for the purpose of employment will be granted to the third-country national, the employment relationship shall be established with the same conditions as of the conditions of the pre-contract on the employment relationship. There are other requirements regarding the pre-contract regulated by law that shall be considered for the purpose of a successful proceeding.
The proceeding of the specialist authority
The proceeding for the residence permit and the work permit will be conducted in the immigration legal proceeding. In such a case the residence permit will be issued as single permit.
In the proceeding for the residence permit for the purpose of employment the competent government office will provide a statement as specialist authority if it supports the employment of the applicant in Hungary or not. The government office supports the employment of the third-country national regarding the scope of activities set forth in the employment contract if
- the applicant disposes of proper qualification necessary for the scope of activities;
- the employer disposes of a valid labor demand regarding the activity to be practiced by the third-country citizen;
- there was no registered unemployed manpower mediated to the employer;
- the third-country citizen complies with the employment conditions set forth in law and in the labor demand of the employer.
In case of that there is no employee to be mediated to the employer for the scope of activities and the applicatin, the employer as well as the third-country national complies with the other conditions set forth in law, the government office permits the employment of the third-country citizen in Hungary.
Furthermore, the applicable law contains a list of negative conditions which exclude the support of the employment in Hungary by the government office.
In case of that the government office does not permit the employment of the third-country national in Hungary, the application for residence permit for the purpose of employment will be refused. The residence permit for the purpose of employment entitles the third-country national to employment at the employee set forth in the immigration proceeding, in the job and with the conditions set forth in the pre-contract as well as to reside in Hungary during that.
In the statement of the specialist authority adopted during the single proceeding, the governement office shall adopt a statement about how long it supports the employment of the third-country national in Hungary. The residence permit for the purpose of employment may be valid maximum until the date set forth in the statement of the specialist authority.
If you have any questions, please do not hesitate to contact me.