Employed worker in Hungary

Authorisation for employment

Non-EU nationals may be employed in Hungary only under specific conditions. As a general rule, employment is subject to authorisation; however, there are exceptions either connected to the employment activity or the person concerned.

As a general rule, non-EU nationals without the right of free movement and residence can only engage in employment – except for a few cases specified in national legislation – if they are authorised for employment. Authorisation is either given in a single application procedure or, if the rules of the single application procedure do not apply, in the form of a work permit.

The single application procedure shall not apply to:

• persons with the right of free movement and residence;
• persons who have been posted to the territory of Hungary under Directive 96/71/EC of the European Parliament and of the Council;
• third-country nationals who are residing, or intend to reside in the territory of Hungary to work as an au pair or as seafarers;
• persons who have applied for refugee status, subsidiary protection or
• temporary protection to the asylum authority;
• persons who have been granted refugee status, subsidiary protection or temporary protection in Hungary;
• beneficiaries of tolerated status;
• persons holding an EU residence permit certifying long-term residence status granted by any Member State of the European Union;
• if the purpose of stay of the applicant is to perform self-employed activity for remuneration under the relevant legislation (e.g. self-employment, small-scale producer/farmer);
• persons applying for residence for the purpose of study;
• third-country nationals who wish to work during a short-stay.

1. Single application procedure

The authorisation for employment and residence is given in a single application procedure.

You need to submit your application for a single permit at the embassy or consulate in your country of origin or in certain cases at the place of lawful residence or in Hungary. You can find the competent regional directorate on the website of the immigration authority.

In the application for a single permit, you also need to apply for the visa entitling you to receive such a residence permit (unless you are exempt from a visa requirement).

The competent regional directorate of the immigration authority in Hungary will assess your application, during which the authority requests the official opinion of the competent employment centre, whether they support the employment of the applicant. Therefore, the documents concerning the employment, such as the work contract or preliminary agreement, as well as the document certifying the qualification (if this needs to be proven), shall also be attached to the application, together with the documents that prove that the residence criteria are fulfilled.

Unless exceptions apply, the competent branch office of the employment centre also carries out a labour market test during its procedure of providing an official opinion. Your employer may also submit a work force request to the competent branch office of the employment centre prior to the single application procedure as a result of which the labour market test could be started prior to the single application procedure. During the labour market test, it is checked whether there is available workforce among Hungarian or EEA-country national registered jobseekers or their family members, who meet the necessary requirements applicable to the position concerned. The single permit may only be granted if there is none.

The decision-making in a single application procedure takes a maximum of 90 days. If approval is given for the single permit, a visa entitling the holder to receive a residence permit for the purpose of gainful employment will be issued at the embassy or consulate in your country of origin (unless you are exempt from a visa requirement).

The visa will allow you to enter the territory of Hungary. Prior to the expiry of the validity of your visa, you should obtain your single permit at the competent regional directorate of the immigration authority. You can find the competent regional directorate on the website of the immigration authority.

2. Work permit

In case the single application procedure does not apply, the employer has to submit a work permit application to the competent employment centre by filling out a standardised form. Unless exceptions apply, the issuing of the work permit depends on whether there is available workforce among Hungarian or EEA-country national registered jobseekers or their family members, who meet the necessary requirements applicable to the position concerned as set out in law. If there is, a work permit may not be issued. The potential employer may also submit a workforce request to the competent branch office of the employment centre prior to the application for a work permit. This can also be done at the time of applying for a work permit. The non-EU national also has to meet all requirements specified in the workforce request submitted by the employer.

The employment of non-EU citizens is only authorised if all relevant legal conditions are met, which needs to be verified by submitting the relevant documentary evidence. The work permit is issued for a maximum period of two years and may be renewed for the same period occasionally.

Under certain conditions set out in the relevant law, the work permit is issued without the need for the labour market examination to take place. In such cases, the competent branch office of the employment centre does not need to examine whether there is available workforce among the registered unemployed who meet the requirements specified in the employer’s request.

Residence permit and visa

In the application for a residence permit at the embassy or consulate in your country of origin you also have to apply for the visa entitling you to receive such a residence permit (unless you are exempt from a visa requirement).

The competent regional directorate of the immigration authority in Hungary will assess your application and if approval is given for the residence permit, a visa entitling the holder to receive a residence permit for the purpose of gainful employment will be issued at the embassy or consulate in your country of origin (unless you are exempt from a visa requirement).

The visa will allow you to enter the territory of Hungary. Prior to the expiry of the validity of your visa, you can obtain your residence permit at the competent regional directorate of the immigration authority. You can find the competent regional directorate on the website of the immigration authority.

Exemptions from the work permit obligation

Certain categories of workers do not need a work permit, including:

• persons with the right of free movement and residence;
• persons who have been posted to the territory of Hungary under Directive 96/71/EC of the European Parliament and of the Council;
• a third-country national who is residing, or intends to reside in the territory of Hungary to work as an au pair or as a seafarer;
• person who have applied for refugee status, subsidiary protection or temporary protection to the asylum authority;
• persons who have been granted refugee status, subsidiary protection or temporary protection in Hungary;
• beneficiaries of tolerated status;
• persons holding an EU residence permit certifying long-term residence status granted by any Member State of the European Union;
• if the purpose of stay of the applicant is to perform self-employed activity for remuneration under the relevant legislation (e.g. self-employment, small-scale producer/farmer);
• person applying for residence for the purpose of study;
• a third-country national who wishes to work during a short-stay.

The full list of activities exempt from a work permit obligation is set out in Government Decree No. 445/2013. (XI. 28.).

Submission of an application by the employer

If a foreign national plans to enter into an employment relationship, an application for the issuance or extension of a residence permit may be submitted – in the case of a preferred employer – by the prospective employer as well, provided that the client has consented in writing. In that case the competent authority may communicate with the employer as well, however, the client will be notified of all procedural steps taken.

Where the application for a residence permit is submitted through the employer or electronically the client is nevertheless required to appear in person before the competent authority, when the authority requests it for the purpose of data recording and for carrying out other procedural steps.

As of 1 January 2019, natural persons or their authorised legal representatives may submit an application for a residence permit (issue or extension) electronically via Enter Hungary.

Fees

If the application is submitted at a diplomatic or consular mission, the administrative service fee charged for the procedure for issuing a residence permit is EUR 110, payable at that diplomatic or consular mission primarily in EUR or other convertible currency, or in exceptional cases in the legal tender of the State where the application is submitted.

The administrative service fee charged for the procedure is HUF 39,000 if submitted in Hungary in person, HUF 24.000 if submitted via the Enter Hungary platform. The fee charged for the extension of a residence permit is HUF 23,000.

When applying for a single permit or a residence permit, you need to:

• present a travel document, which will remain valid for at least 3 months longer than the intended period of stay;
• prove adequate accommodation;
• prove sufficient financial resources and subsistence means (e.g. prior agreement for a work contract);
• prove health insurance (by being officially employed you are fully covered by health insurance).

The submission of applications for the extension of a residence permit for the purpose of employment is only possible from within the territory of Hungary, via the platform of Enter Hungary 30 days before the residence permit expires at the latest.

As of 1 January 2019, natural persons or their authorised legal representatives may apply for a residence permit (issuance or extension) electronically via Enter Hungary.

The extension of the residence permit may also be granted if the conditions laid down in law are met, if the residence of the third-country national has exceeded 90 days in any 180 days before the submission of the application for a residence permit.

Your work permit authorises you to carry out a specific employment activity with a specific employer.

If you change your employment, you have to submit an application for a new residence permit.