New permit type from 2024
Residence permit for employment purposes fall within the scope of guest worker permits introduced from 2024. It provides opportunities to work in Hungary for non-EU citizens who do not have a higher education degree or otherwise do not meet the special requirements of the types of permits that can be requested by those with high competences. In fact, a residence permit for employment purposes is a type of “basic” permit related to employment.
In order to protect the Hungarian labour market, the current legislation lays down several strict rules regarding the employment and long-term residence of guest workers.
In our article, we summarize all the important information about this type of residence permit. Our previous summary articles on the new immigration law is available here and here.
What is a residence permit for employment purposes?
Those arriving in Hungary for long-term employment (more than 90 days) must have the appropriate permit to start the employment relationship. One form of this is a residence permit for employment purposes. The permit type is one of the types of permits subject to the single permit procedure, which provides the right to reside and work at the same time.
A residence permit for employment purposes entitles you to work for a specific employer, place of work and position.
When can an employment residence permit be requested?
There are two cases in which this type of permit can be requested:
- as an employee, within the framework of an employment relationship, at a Hungarian employer
- in the case of cross-border provision of services, where the employee is working in Hungary on the basis of his employment relationship with an employer outside the EU in order to fulfil an agreement concluded with a domestic employer.
Workforce leasing is not permitted with a residence permit for employment purposes.
The immigration law allows the relevant minister to determine jobs, for which such permits cannot be requested. At the time of publishing our article, there are no restrictions of jobs that can be filled with an employment permit, but it cannot be ruled out that there will be restrictions in the future.
According to the law, the competent minister can also determine which nationals may apply for such a permit. Currently, there are no nationality restrictions related to this type of permit, citizens of any country can apply for a residence permit for employment purposes.
Validity of the permit
The residence permit for employment purposes may be requested for a maximum period of 2 years and may be renewed for a maximum of 1 year. After three years, an application for the issuance (and not renewal) of a new residence permit for employment purposes may be submitted domestically, no later than 40 days before the expiry of the validity period.
Situation of family members
Family members cannot join holders of permits belonging to the category of guest workers in Hungary, this also applies to residence permits for employment purposes.
Of course, if the family member also wants to work in Hungary or has another independent legal basis for residence (e.g. study), they can apply for the appropriate residence permit independently of their family member.
A family member who held a valid residence permit for family reunification on 01.01.2024 may extend his/her permit continuously even if he/she would no longer be entitled to a family member’s permit for the type of residence permit issued to the dependant under the new law.
Submission of the application
The first application for a citizen of a country subject to visa requirements shall be submitted in person at the Hungarian consulate located in the country of origin or residence.
If you are a citizen of a non-visa country and entered the country as a tourist, you can apply for your first application online, through the EnterHungary website of the immigration office.
If the applicant is already in Hungary and renews his/her permit, he/she must submit his/her application for extension online.
An application for an employment residence permit cannot be submitted through an employer, only the employee can apply for it.
The decision making period of an application for an employment residence permit is 70 days.
The employment relationship can be started with a valid residence permit document (plastic card).
Possibility of changing jobs and permanent residence
If there is a change in employment data (position, place of work) or a change of employer, the employee must apply for a new permit for employment purposes, taking into account the maximum validity period. Only after the permit has been issued can he start working under new employment conditions or with a new employer.
The residence permit for employment purposes may not be exchanged for another type of permit within Hungary. If the holder of a residence permit for employment purposes wishes to switch to any other type of permit, he must interrupt his stay in Hungary and submit his application for a new permit as the first application (according to the rules detailed in the previous paragraph). In such a case, the application for a new permit may be submitted once the residence permit for employment purposes has become invalid.
The possibility of permanent residence (establishment) is excluded by law in the case of permits falling within the scope of guest worker permits.
Employers' obligations when employing guest workers
In the case of employment of employees with an employment residence permit and a guest worker residence permit, the current laws state that it is the employer’s responsibility for the employee to leave the Schengen zone within 6 days of the expiry or withdrawal of the permit.
If you need help applying for an Employment Residence Permit, please contact our office using the contact details on the website.
Official information about the application process and the necessary application forms can be found on the website of the National Directorate-General for Aliens Policing. Information on the processing fees for permit applications can be found here.