New Hungarian Immigration Regulations - en

Document number: T/6079/12.
Date of submission: 2023-12-08 11:17
The Parliamentary Parlex ID: RPMSBSRM0004

Committee on Legislation
Addressed to László Kövér, Speaker of the National Assembly

Subject: Submission of a single proposal
Submitted by President Csaba Hende
Title of the draft law: on general rules on t h e entry and residence of third-country nationals
Pursuant to Article 46(10) of the OGY Decision No. 10/2014 (24.II.) on certain provisions of the
Rules of Procedure of the Parliament (hereinafter: the "OGY Decision"), the proposer has sent the
draft bill No. T/6079 on the general rules on the entry and residence of third-country nationals
and the draft summary amendment proposal (hereinafter: the "draft bill").
Having examined the single draft proposal, I have found that it properly incorporates the
combined text of the bill and the summary amendment, and therefore, Section 46 of the FRA
(11)(a), I submit it as a single proposal.
2023 .............Act
on the general rules for entry and residence of third-country nationals
With migration on the rise again, we need to tighten up on immigration laws! Hungary belongs to
Hungarians and Hungarian jobs belong to Hungarians in the first place. We need clear rules on
who can stay in Hungary and for how long. Neither work nor other residence should be unlimited
and cannot be automatically extended. The Government is therefore proposing a new
comprehensive law to tighten and clarify the legal titles and conditions of residence and
employment of foreign nationals in Hungary.
Hungary is a sovereign state - it decides who it allows on its territory, and we expect everyone to
abide by Hungarian law and Hungarian standards of coexistence. Anyone who does not respect
Hungarian laws and rules must leave Hungary immediately. If he does not leave Hungary
voluntarily, he must be removed - legally but firmly.
The law makes it clear that guest workers can only be employed in Hungary under the strictest
rules. By tightening the rules on working in Hungary, we are creating another legal safeguard to
protect Hungary from mass immigration. A foreigner can only work in Hungary if no Hungarian
worker is engaged to do so. Therefore, for each job, it must first be checked whether there is a
Hungarian worker, if there is, he or she must be employed, and if not, a guest worker may be
employed. Only as many guest workers as there are vacancies can come to Hungary. Guest
workers may only stay in Hungary for a limited period, after which they must leave the country.
Residence in Hungary is not a fundamental right for a citizen of a foreign state! A foreigner may
reside in Hungary only for a purpose, with a title, for a period of time and under conditions
approved by the Hungarian state. A national of a third country may reside or work permanently in
Hungary with the permission of the Hungarian State only if the third-country national's stay in
Hungary is in the interests of Hungarian society and his employment in Hungary does not place
any Hungarian citizen in a disadvantageous position. Therefore, the Parliament, having carefully
considered the usefulness of the circumstances giving rise to the right of residence in Hungary,
establishes the following system of financial and procedural rules and sanctions for the entry and
residence of third-country nationals in Hungary:
PART ONE
Introductory provisions
1. Basic provisions
1. §
(1) The Hungarian citizen

a) You can enter Hungary at any time,
b) may reside in Hungary without any time limit, and
c) You cannot be expelled from Hungary.
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(2) Have the right to move and reside freely
a) with the exception of Hungarian citizens, nationals of a Member State of the European
Union and of another State party to the Agreement on the European Economic Area, and
persons having the same status as nationals of a State party to the Agreement on the
European Economic Area as regards the right of free movement and residence under an
international agreement between the European Community and its Member States and a
State not party to the Agreement on the European Economic Area (hereinafter referred to
as EEA nationals),
b) a family member of an EEA national who is not a Hungarian national and who accompanies
or joins the EEA national,
c) a person accompanying or accompanying the EEA national who, in the country of arrival,
was a dependent of the EEA national or lived in the same household as the EEA national, or
who is being cared for personally by the EEA national for serious health reasons and is
authorised by the authority to enter and stay as a family member.
(3) A separate law defines

a) the entry and residence of persons enjoying the right of free movement and residence, and
b) rules on the right
of asylum.
(4) A foreign national who does not have the right of free movement and residence or the right of
asylum (hereinafter referred to as a third-country national) may enter Hungary in accordance with
the provisions of this Act and may reside in the territory of Hungary in accordance with the
provisions of this Act.
2. Duration and limits of stay
2. §
Third-country national in Hungary

a) in short,
b) permanent or
c) for a long period of
time.
3. §
For the purposes of this Act, a short stay in Hungary is any intended stay in Hungary of less than
ninety days within a period of one hundred and eighty days. The intended short stay of a third-
country national in Hungary is allowed by Hungary on the basis of the European Union rules.
4. §
(1) For the purposes of this Act, a permanent stay in Hungary is any intended stay in Hungary
exceeding ninety days within one hundred and eighty days.
(2) The long-term stay of a third-country national in Hungary is purposeful and subject to
authorisation. The permit entitling the holder to stay in Hungary is valid for a limited period of
time and is linked to the legal titles specified in this Act.
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(3) In the cases specified in this Act, the permanent residence of third-country nationals in
Hungary
a) citizenship,
b) number of staff, or
c) occupational
can be limited according to.
5. §
The long-term residence of a third-country national in Hungary - unless otherwise provided for in
this Act for an indefinite period - may be permitted if the detailed conditions laid down in this Act
are met, provided that the third-country national is familiar with the conditions of social
coexistence and complies with them.
3. Titles of permanent residence
6. §
(1) Third-country national residing permanently in Hungary

a) for business or investment purposes
aa) as a self-employed guest worker,
ab) as a guest investor,
b) for work purposes as a guest worker
ba) a residence permit for seasonal employment,
bb) a residence permit issued for the purpose of carrying out an investment project,
bc) a residence permit for employment purposes,
bd) a guest worker residence permit,
c) as a highly qualified person for employment purposes or as a person with skills in a field of
high importance for the country
ca) With a Hungarian Card,
cb) EU Blue Card,
cc) as an intra-corporate transferee,
cd) as a researcher,
ce) in the case of relocation of a business to Hungary, with a Business Card,
d) with a National Card for employment linked to citizenship or for other purposes under this
Act,
e) for other reasons specified in this Act, i.e.
ea) for study purposes,
eb) for training
purposes, ec) as a
trainee, ed) for
official purposes,
ee) on the basis of an international treaty concerning the employment of tourists on
temporary work,
ef) White Card,
eg) for the purpose of a posting,
eh) for medical treatment,
ei) for the purpose of carrying out voluntary activities,
ej) in the national interest,
(e) to ensure family cohabitation, or
el) for humanitarian reasons
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may reside on the basis of an individual residence permit issued if the conditions laid down in
this Act are met.
(2) The right of residence specified in paragraph (1)(b)(ba), (c)(cb), (cc) and (cd) and (e)(ea), (ec),
(eg), (ei) and (ek) shall be granted by Hungary in accordance with the uniform European Union
rules.
4. The obligation to leave the country
7. §
(1) A foreign national may reside on the territory of Hungary under one legal title at the same
time, with the exception provided by law. If a foreign national acquires the right to reside in
Hungary under another title in addition to his/her existing title, the previous title of residence shall
be revoked, subject to the exceptions provided by law.
(2) Once the right of residence in Hungary has expired, the foreign national must leave the
territory of the country immediately.
(3) Persons residing in Hungary without a legal title or violating the conditions of social
coexistence shall be expelled by individual decision in the cases and in the manner specified by
law.
5. Presumption in relation to third country nationals
8. §
A non-EEA national shall be considered a third-country national until proven otherwise,

a) who uses a valid travel document issued by a third country (a passport, identity card or
document recognised by Hungary as a document entitling the holder to cross its state
border and certifying his/her identity and citizenship or statelessness) as proof of his/her
nationality,
b) who is not likely to have the right of free movement and residence, or
c) who is not recognised as a national of any State under its own law (hereinafter referred to as
stateless persons).
6. Special rules concerning the applicability of certain provisions of this Act
9. §
(1) Persons enjoying the right of free movement and residence who are not nationals of a State
party to the Agreement on the European Economic Area shall be subject to the provisions of this
Act concerning the EU residence card, recognition as a stateless person and the issue of a travel
document to stateless persons.
(2) The provisions of this Act shall apply to persons enjoying the right of free movement and
residence if.
a) are a third-country national under Act I of 2007 on the Entry and Residence of Persons with
the Right of Free Movement and Residence (hereinafter referred to as the "Act on the Entry
and Residence of Persons with the Right of Free Movement and Residence"), and
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b) submit an application for a residence permit after the termination of their right of
residence under the Residence Act.
(3) The procedural rules laid down in this Act shall also apply to procedures relating to the entry
and residence of persons enjoying the right of free movement and residence.
(4) A third-country national who has been recognised as a refugee or granted subsidiary
protection by an asylum authority or a court or a Member State of the European Union shall be
subject to the provisions of this Act only
a) the EU Blue Card,
b) the long-term - indefinite - residence of the third-country national in Hungary,
c) law enforcement, and
d) the data processing
rules apply.
(5) A third-country national granted temporary protection by a Hungarian asylum authority or

court shall be subject to the provisions of this Act only
a) for the national residence card,
b) law enforcement, and
c) the data processing
rules apply.
(6) This Act shall apply to a third-country national enjoying diplomatic or other personal immunity
or entering under an international treaty, unless otherwise provided by an international treaty.
PART TWO
Short stay of a third-country national in Hungary
10. §
For the purposes of this Act

a) ETIAS travel authorisation: the authorisation as defined in Article 3(1)(5) of Regulation (EU)
2018/1240 of the European Parliament and of the Council;
b) short stay in Hungary: any intended stay in Hungary of less than ninety days in any one
hundred and eighty days.
11. §
(1) A third-country national may enter Hungary for a short stay under the conditions set out in
Regulation (EU) 2016/399 of the European Parliament and of the Council (hereinafter: Schengen
Borders Code).
(2) A third-country national who fulfils the conditions set out in paragraph (1) shall be entitled to a
short intended stay in Hungary.
12. §
(1) The entry and stay of a third-country national for the purpose of a short stay in Hungary
requires a visa, unless a European visa is directly applicable to the
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a Community act, an international treaty, this Act or a government decree under this Act provides
otherwise.
(2) A third-country national who holds a valid residence permit and a valid travel document issued
by a Member State of the European Union for the purpose of intra-corporate transfer, provided
that his/her entry or stay does not harm or endanger public policy, public security or national
security or the public health interests of Hungary, is entitled to.
a) move freely within the territory of the Member States of the European Union, enter and
stay in Hungary for an intended period not exceeding ninety days,
b) work in the Hungarian host organisation as part of an intra-corporate transfer without a
work permit.
(3) A third-country national who holds a valid EU Blue Card issued by a Member State of the
European Union and a valid travel document for the purpose of carrying out an economic activity,
provided that his/her entry or stay does not harm or endanger public policy, public security or
national security or the public health interests of Hungary, is entitled to.
a) move freely within the territory of the Member States of the European Union, enter and
stay in Hungary for an intended period not exceeding ninety days,
b) engage in economic activities, including temporary activities directly related to the
employer's business interests and the EU Blue Card holder's professional duties under the
employment contract in the first Member State, including attending internal or external
business meetings, conferences or seminars, negotiating economic transactions, carrying
out sales or marketing activities, exploring business opportunities or attending training,
without specific authorisation.
(4) A family member of a third-country national within the meaning of paragraph (3) who holds a
valid residence permit and a valid travel document issued by a Member State of the European
Union as a family member of a person within the meaning of paragraph (3) shall, provided that his
or her entry or stay does not harm or endanger public policy, public security or national security or
the interests of public health in Hungary, have the right to move freely within the territory of the
Member States of the European Union and to enter and stay in Hungary for a planned period not
exceeding ninety days.
13. §
(1) A third-country national holding a short-stay visa and a person legally residing in Hungary as a
national of a third country listed in Annex II to Regulation (EU) 2018/1806 of the European
Parliament and of the Council may work in Hungary, unless otherwise provided by this Act.
(2) Paragraph 1 does not exempt you from fulfilling the conditions for employment laid down by
other legislation, in particular the requirement to obtain a work permit.
PART THREE
Permanent residence of a third-country national in Hungary
I. Chapter
Visas for residence document
7. Visa for residence permit
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14. §
(1) The residence permit visa entitles the holder to enter Hungary once for the purpose of
obtaining a residence permit or a national residence card authorised by the Minister responsible
for immigration and asylum and to stay in Hungary for a maximum of thirty days.
(2) The validity of the visa for residence permit is limited to three months.
15. §
(1) A third-country national who has been granted a residence permit under this Act or who has
been granted a national residence card by the Minister responsible for immigration or asylum may
be issued with a visa entitling him/her to receive a residence permit.
(2) A visa for the purpose of obtaining a residence permit shall be invalid if the residence permit
on the basis of which it was issued has been withdrawn or would be subject to withdrawal.
8. The Visitor Investor Visa
16. §
(1) The Visitor Investor Visa entitles the holder to stay for more than ninety days within one
hundred and eighty days and to make multiple entries, and to apply for a Visitor Investor Residence
Permit.
(2) Visitor investor visas are available to third-country nationals,

a) for to enter and for your stay in Hungary for your investments is in
the national economic interest,
b) who fulfils the conditions set out in points a), c), d) and f)-i) of paragraph (1) of Article 17,
c) who declares that he holds or intends to hold at least one of the investments referred to in
paragraph 3,
d) who proves that he/she has a sum of money corresponding to at least one of the
investments referred to in paragraph (3), of legal origin, which must be available or
transferable within the territory of Hungary,
e) who submits a written commitment to make at least one investment of the amount and
type specified in paragraph (3) within three months of entering Hungary on a visitor investor
visa.
(3) For the purposes of paragraph (2)(a) and Article 22(3)(a), the following investments shall be
deemed to be of national economic interest:
a) the acquisition of investment units of at least EUR 250 000 issued by a real estate fund
registered by the Magyar Nemzeti Bank,
b) the acquisition of ownership of a residential property with a value of at least EUR 500 000,
located in kind in the geographical territory of Hungary and registered in the Land Register
under its parcel number, free of legal title, encumbrances and claims, not including the
prohibition of alienation and encumbrance pursuant to Paragraph (11) of Article 22, or
c) making a financial donation of at least EUR 1 000 000 to a higher education institution
maintained by a public trust with a public-service mission, for the purpose of supporting
educational, scientific research or artistic creation.
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(4) The aliens' registration authority shall request the opinion of the law enforcement and
national security authorities of Hungary on the application for a visitor investor visa in order to
protect public order, public security and national security in Hungary.
(5) The maximum validity period for a Visitor Investor Visa is two years.
(6) A visitor investor visa is invalid if a visitor investor residence permit has been issued.
II. Chapter 1
General rules
9. General conditions for permanent residence in Hungary
17. §
(1) A third-country national may enter or reside in Hungary for the purpose of permanent
residence if he or she
a) have a valid travel document,
b) has
ba) a visa for a stay exceeding ninety days within one hundred and eighty days,
bb) a residence permit, bc)
an immigration permit, bd) a
permanent residence
permit,
be) a temporary residence permit, bf) a
national permanent residence
permit, bg) an EC permanent
residence permit,
bh) a temporary residence card
bi) a national residence card, or
bj) EU residence card,
c) have the necessary authorisation for return or onward travel,
d) provide proof of the purpose of your entry and stay,
e) you have a place of accommodation or residence in Hungary,
f) have financial resources to cover their accommodation and subsistence expenses for the
entire duration of their stay, as well as the cost of their travel,
g) you are insured for the full range of healthcare or can afford to pay for healthcare,
h) you are not subject to expulsion or a ban on entry or residence, or your entry or residence
does not endanger public policy, public security, national security or public health interests
in Hungary,
i) is not subject to an SIS alert.
(2) In the absence of the conditions set out in paragraph 1, entry and residence may be
authorised only exceptionally by means of a residence permit issued in the national interest.
(3) A third-country national who is in possession of an authorisation listed in paragraph 1(b) shall
be exempted from the requirement to provide proof of the conditions set out in paragraph 1(c) to
(g) at the time of entry.
(4) In addition to the requirements of paragraph (1), a minor third-country national must prove
that his or her parent or legal representative is staying in Hungary for the purpose of the intended
stay.
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for the duration of - has agreed to.
10. General rules on residence permits
18. §
(1) A third-country national holding a valid residence visa is entitled to a residence permit for
staying in Hungary after the expiry of the period of stay stipulated in the visa, unless otherwise
provided by law.
(2) With the exception of the residence permit for visiting investors and the residence permit for
family reunification linked to the residence permit for visiting investors, the residence permit is
invalid if the third-country national does not enter Hungary within three months of the date of the
issue of the residence permit and does not start his/her authorised stay.
19. §
(1) Unless otherwise provided by law, a residence permit may be issued to a third-country
national who fulfils the conditions set out in points (a) and (c) to (i) of Section 17(1).
(2) In the event of an application for the extension of a residence permit, if this Act allows it, a
residence permit may be granted to a third-country national who, in addition to the conditions set
out in paragraph (1), holds a valid residence permit and, in the case and in the manner specified by
law, fulfils the conditions for social cohabitation.
(3) The extension of a residence permit - with the exception of the extension of a residence
permit for the purpose of ensuring family cohabitation in connection with a residence permit for
the purpose of a visiting investor and the extension of a residence permit for the purpose of
ensuring family cohabitation in connection with a visiting investor - may be granted only if the
conditions set out in this Act are met, provided that the third-country national's stay in Hungary
with a residence permit exceeded 90 days within any period of one hundred and eighty days prior
to the submission of the application for extension of the residence permit.
(4) For the purposes of paragraph 2, a residence permit shall be considered valid if no proceedings
for its withdrawal are pending.
11. Temporary residence certificate
20. §
(1) The third-country national must be provided with a temporary residence certificate,
a) who has submitted an application for a residence permit and by the time the permit is
issued, the validity of his or her previous residence permit has expired or he or she is
required to be issued with a residence permit under this Act, and also if he or she submits an
application for a residence permit pursuant to Section 9(2), unless he or she has not
complied with an expulsion order issued prior to the submission of the application,
b) who has submitted an application for a temporary residence card or a national residence
card pursuant to Paragraph (2) of Section 94 of the Residence Act in the territory of
Hungary,
c) who is staying in Hungary for longer than the duration of his/her legal stay
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because he/she is prevented from leaving the territory for humanitarian, work-related,
personal or unavoidable reasons not attributable to him/her,
d) who was born in Hungary as the child of a parent of a third-country national legally residing
in Hungary and whose legal residence in Hungary cannot be ensured by another permit
regulated by this Act,
e) who is a victim of trafficking in human beings, at the request of the victim support authority,
for a reflection period,
f) whose entry is permitted only exceptionally, in the absence of the conditions laid down in
this Act, for the purpose of complying with an international obligation, for urgent
humanitarian reasons or in the national interest, provided that he or she does not have a
permit entitling him or her to reside in the territory of Hungary,
g) whose travel document has been withheld by law and who does not have a permit to stay in
Hungary,
h) who is the subject of an aliens procedure for illegal entry or stay,
i) who has applied for a declaration of statelessness, for the duration of the procedure,
provided that he or she does not have a permit to reside in Hungary,
j) who has been ordered to stay in a place designated pursuant to Section 128 (1) (a), (b), (c),
(d), (f), (g) or (h),
k) who has applied for a residence permit in another EU Member State for the purpose of
highly qualified employment and has returned to Hungary for the period of unemployment
after the expiry of the EU Blue Card or after the withdrawal of the document.
(2) Period of validity of the temporary residence certificate

a) in the cases referred to in points (a) to (c) and points (f) to (h) of paragraph 1, for a
maximum period of three months, which may be extended on each occasion for a maximum
period of three months;
b) in the case referred to in paragraph 1(d), the duration of the parent's stay;
c) in the case referred to in paragraph 1(e), one month, which may not be extended;
d) in the case referred to in paragraph 1(i) and (j), for a maximum of six months, which may be
extended on each occasion for a maximum of six months;
e) in the case referred to in paragraph 1(k), three months, which may not be extended.
(3) A third-country national holding a temporary residence permit may work if he or she
a) has applied for a residence permit to work on the basis of a work permit,
b) has applied for an extension of his/her visa for seasonal work for the purpose of seasonal
employment for an intended stay not exceeding ninety days,
c) has applied for a residence permit for seasonal employment on the basis of an intended stay
visa for a period not exceeding ninety days,
d) has applied for the renewal of his/her residence permit for seasonal work, or
e) holds a residence permit issued by a Member State of the European Union for the purpose
of intra-corporate transfer and has applied for a residence permit for the purpose of intra-
corporate transfer (long-term mobility permit), provided that the residence permit issued by
the first Member State is valid and the application was submitted at least 20 days before the
expiry of the short-term mobility period.
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(4) The temporary residence certificate cannot be extended or must be withdrawn if the
circumstances that justified its issue no longer exist.
(5) The temporary residence permit entitles the holder to stay only in the territory of Hungary,
does not allow exit and return travel, expires when the third-country national leaves the country
and must be surrendered by the third-country national on exit. The surrendered certificate must
be sent to the issuing authority.
III. Chapter
The third-country national entrepreneur
12. The guest-self-employed
21. §
(1) A residence permit for the purpose of self-employment as a visitor may be issued to a third-
country national whose purpose of stay is to
a) carry on an activity which is permitted by law to be carried out independently for
remuneration, or
b) in a case not covered by point (a), act as a managing director of a company, cooperative or
other legal person established for gain.
(2) The Government may lay down in its decree the conditions for an undertaking constituting the
purpose of residence under paragraph (1). A residence permit for the purpose of self-employment
as a guest may not be issued or extended in respect of an undertaking which does not fulfil the
conditions.
(3) The validity of the residence permit of a self-employed guest/visitor shall be limited to one
year, renewable for a maximum period of two years for the same purpose only, provided that the
residence permit shall not be renewed for a period exceeding three years from the date of its first
issue.
(4) The extension of a residence permit issued for the purpose of self-employment as a guest may
be granted, even if the conditions laid down in this Act are met, only if the person has fulfilled the
obligation to report regularly to the aliens' registration office after the residence permit has been
issued.
(5) A guest self-employed person residing in the territory of Hungary who holds a valid residence
permit issued for the purpose of self-employment as a guest may apply for a residence permit for
the purpose of paragraph (1) beyond the period specified in paragraph (3), if he/she fulfils the
conditions set out in this Act. The validity of the residence permit shall be governed by paragraph
3.
(6) During the period of validity of the residence permit for self-employed visitors and after its
expiry, no other residence permit may be applied for in the country.
(7) For a period of one year from the date of issue of the residence permit for the purpose of self-
employment as a guest, no further residence title of a third-country national may be established
on the grounds of the guest's self-employed stay in Hungary, except for a residence permit issued
pursuant to paragraph (5).
(8) A national residence card cannot be issued to a self-employed guest.

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13. The visiting investor
22. §
(1) A visiting investor's residence permit is a residence permit which entitles the holder to reside
in Hungary and to pursue activities as an independent person for remuneration or as a managing
director of a company, cooperative or other legal person established for gainful purposes, in
accordance with the law.
(2) A residence permit for visiting investors and the related residence permit for the purpose of
family cohabitation entitles the holder to work for or under the direction of another person on the
basis of an employment relationship for consideration, and the third-country national is entitled to
work in Hungary without restriction.
(3) A third-country national may be granted a residence permit as a guest investor,

a) for to enter and for your stay in Hungary for your investments is in
the national economic interest,
b) who fulfils the conditions set out in points a), c)-e), h) and i) of paragraph (1) of Article 17, and
c) who, except as provided for in paragraph 4, holds a valid visiting investor visa.
(4) A residence permit for visiting investors may also be issued to a third-country national who
fulfils the conditions set out in points a) and b) of paragraph (3) and who is legally residing in the
territory of Hungary as a national of a third country listed in Annex II to Regulation (EU) 2018/1806
of the European Parliament and of the Council and who proves that he/she fulfils the conditions
set out in paragraphs (2) and (3) of Article 16.
(5) The application for a residence permit for a host investor shall be submitted by the third-
country national, upon first entry into the territory of Hungary with a host investor visa or as a
national of a third country listed in Annex II to Regulation (EU) 2018/1806 of the European
Parliament and of the Council legally as a third-country national, and after the obligation pursuant
to paragraph 7 has been fulfilled, no later than
within 93 days to the competent immigration authority or via the electronic interface for the
opening of aliens' cases.
(6) The maximum period of validity of a residence permit for a visiting investor is ten years,
renewable for a maximum period of ten years for the same purpose only. The period of validity of
a residence permit for a foreign investor may exceed the period of validity of the applicant's travel
document.
(7) In the case of an application for the issue of a residence permit for a foreign investor, a third-
country national shall, within three months of entering the territory of Hungary, prove through the
electronic platform for the opening of aliens' files that he/she has fulfilled the conditions set out in
Article 16.
(2) has fulfilled an investment commitment made pursuant to a declaration under paragraph 1(c) and
(e).
(8) The proof of the completion of the investment specified in Article 16(2)(c) and (e) within the
time limit specified in paragraph (7) shall be examined by the aliens' registration authority.
(9) In order to meet the requirements of point (a) of paragraph (3) of Article 16, a third-country
national must have held for at least five years an investment fund certificate issued by a real
estate fund which
a) at least 40% of its net asset value is invested in residential real estate in Hungary, and
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b) its real estate fund manager has at least a simplified site security certificate or is listed in the
list pursuant to Article 3, point 28 of Act XXX of 2016 on Procurement for Defence and
Security Purposes (hereinafter referred to as "Act XXX of 2016 on Procurement for Defence
and Security Purposes").
(10) A real estate fund manager who does not have a site security certificate may initiate a
pre-certification according to Article 118 of the Vbt. The rules of the Vbt. shall apply to the
classification and the procedure for the register, with the Office for the Protection of the
Constitution acting in this case.
(11) With regard to the real estate investment pursuant to Section 16 (3) (b)
a) at the time of acquisition of ownership of the residential property by the third-country
national, a prohibition of alienation and encumbrance of the residential property shall be
registered in the land register for a period of 5 years from the date of conclusion of the sale
and purchase contract, under the conditions specified by law,
b) the property is exclusively for five years
ba) owned by a third-country national, or
bb) jointly owned by a third-country national and one or more family members within the
meaning of paragraph (2) of Article 71.
who has submitted an application for a residence permit as a visiting investor.
(12) A third-country national who holds a residence permit for a foreign investor, if he/she is
(3) changes in the data on which his/her residence permit is based during the period of validity of
the residence permit, shall notify the change via the electronic platform for aliens within five days
of the change.
(13) The extension of the residence permit of a visiting investor pursuant to paragraph (6) may be
granted, except for the provisions of Article 19(3), if the other conditions specified by law are
fulfilled, if
a) the third-country national has an investment within the meaning of Section 16 (3) a) at the
time of the application,
b) in the case of an investment pursuant to Section 16(3)(b), the third-country national has the
property ownership value pursuant to this Act in respect of the real estate on which the
residence permit for a foreign investor is based,
c) in the case of an investment within the meaning of Section 16 (3) (b), in respect of the real
estate on the basis of which the residence permit for a foreign investor is issued
(ca) the property is no longer owned by the third-country national after the prohibition on
alienation and encumbrance has been lifted; or
cb) the value of the third-country national's property is less than EUR 500 000
the third-country national has an investment within the meaning of Section 16 (3) (b) at the
time of the application, or
d) the basis for the issue of the residence permit to a visiting investor was an investment within
the meaning of Article 16(3)(c).
(14) Third-country national holding a residence permit for a foreign investor § 71

(2) may enter and reside in Hungary in accordance with this Act.
IV. Chapter
The guest worker
13
14. The seasonal guest worker
23. §
(1) A residence permit for seasonal work may be issued to a guest worker whose purpose of stay
is to carry out seasonal work as defined by law.
(2) A residence permit issued for the purpose of seasonal employment is valid for a maximum
period of six months, which may be extended for a period not exceeding six months within a
period of twelve months. A residence permit for seasonal employment may not be issued for a
period exceeding six months within twelve months and may not be renewed after six months.
(3) A residence permit for seasonal work may not be issued to a guest worker who
a) a national of a third country covered by Directive 96/71/EC of the European Parliament and
of the Council of 16 December 1996 concerning the posting of workers in the framework of
the provision of services (hereinafter referred to as Directive 96/71/EC of the European
Parliament and of the Council) who is posted to the territory of Hungary, or
b) has the right of free movement and residence under the law.
(4) During the period of validity of a residence permit for seasonal employment and after its
(5) The residence permit of a guest worker holding a residence permit for the purpose of
seasonal work cannot be used to establish the residence title of a third-country national on the
grounds of his/her stay in Hungary.
(6) A guest worker holding a residence permit for seasonal work cannot be issued with a national
residence card.
15. Employment of guest workers to carry out an investment
24. §
(1) A residence permit for the purpose of work on a project may be issued to a guest worker who
a) the purpose of which is to carry out actual work for or under the direction of another
person, for consideration, on the basis of an employment relationship, in order to carry out
an investment,
b) your employer has entered into an agreement or contract with the Minister for Foreign
Economic Affairs, acting on behalf of the Government, or has accepted its offer of support
for the realisation of this investment, and
c) your employer has a prior group work permit (an official promise to employ a specific
number of guest workers for a specific period of time in order to carry out a project), as
defined by law.
(2) The preliminary group employment permit is issued by the Minister responsible for the
employment of third-country nationals in Hungary at the request of the employer, as specified in a
government decree.
25. §
14
(1) A residence permit issued for the purpose of carrying out an investment for the purpose of
employment entitles the holder to stay in Hungary until the investment is completed, but for a
maximum of three years.
(2) The validity period of a residence permit for the purpose of carrying out the investment for
the purpose of work may not exceed the period specified in the prior group work permit. A work
permit issued for the purpose of carrying out the investment may not be extended beyond the
period provided for in paragraph 1.
(3) During the period of validity of the residence permit issued for the purpose of carrying out the
project and after its expiry, no other residence permit may be applied for in the country.
(4) The residence permit of a guest worker who has been issued a work permit for the purpose of
carrying out an investment cannot be used as a basis for the residence title of a third-country
national in Hungary.
(5) A guest worker holding a residence permit for work purposes issued for the purpose of
carrying out an investment cannot be issued with a national residence card.
26. §
(1) Preference shall be given to the employer if the accommodation of the guest worker in
Hungary is provided by the employer on the site of the investment, in an area separate from the
local population.
(2) The issue or renewal of a work permit issued for the purpose of carrying out a project may also
be refused if the accommodation of the guest worker in Hungary is not provided by the employer
on the site of the project, in an area separate from the local residents.
27. §
(1) The employer shall ensure that the guest worker holding a work permit issued for the purpose
of carrying out the project shall leave the territory of Hungary no later than on the sixth day
following the termination of the employment relationship in the event of the termination or
cessation of the employment relationship.
(2) If the employer does not comply with the obligation specified in paragraph (1), the aliens'
registration authority shall impose a fine of HUF 5 million on the employer. The employer shall be
exempted from payment of the fine if he proves that, in fulfilling his obligation under paragraph 1,
he has acted in a manner which is normally expected in the given situation.
(3) The employer must reimburse the costs of expulsion, removal and detention in custody
advanced by the aliens policing authority and the body established for general police duties if
a) the expelled guest worker does not have the means to cover the costs, and
b) the expulsion was ordered because the guest worker
ba) does not fulfil the residence conditions laid down in this Act,
(bb) work without the required work permit or the authorisation provided for in this Act; or
bc) their entry and stay is harmful or dangerous to public health.
15
16. Residence permit for employment purposes
28. §
(1) A residence permit for employment purposes may be issued to a guest worker who, on the
basis of an employment relationship, is actually carrying out work for or under the direction of
another person for consideration. The Minister responsible for employment policy may specify in
a communication the occupations for which a residence permit for employment purposes cannot
be issued.
(2) A residence permit for employment purposes may also be granted to a guest worker who is
employed in Hungary on the basis of an employment relationship with an employer established in
a third country in order to fulfil an agreement with a domestic employer.
(3) The Minister responsible for the employment of third-country nationals in Hungary may, in a
decree issued with the approval of the Defence Council, determine that, in addition to the
provisions of paragraphs (1) and (2), a residence permit for employment purposes may be granted
to a specific third-country national.
(4) In addition to the provisions of paragraphs (1) and (2), the number of guest worker residence
permits and residence permits for employment purposes issued in Hungary shall not exceed the
number of permits determined annually by the Minister responsible for employment policy.
(5) A residence permit for employment purposes entitles you to stay in Hungary for a fixed term
of up to two years.
(6) A residence permit for employment purposes may be extended for a period not exceeding 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 under this Act.
(7) A guest worker residing in the territory of Hungary and holding a valid residence permit for
employment purposes may apply for a residence permit for employment purposes beyond the
period specified in paragraph (6), if he/she fulfils the conditions set out in this Act. The validity of
the residence permit for employment purposes shall be governed by paragraphs 5 and 6.
(8) During the period of validity of the residence permit for employment purposes and after its
(9) The residence title of a third-country national may not be based on the residence in Hungary
of a guest worker holding a residence permit for employment purposes.
(10) A guest worker holding a residence permit for employment purposes cannot be issued with a
national residence card.
(11) If the guest worker wishes to enter into an employment relationship with another employer
or if there is a change in the job or place of work, the guest worker must submit an application for
the extension of the residence permit for employment purposes.
29. §
16
(1) The employer shall ensure that the guest worker holding a residence permit issued for the
purpose of employment shall leave the territory of Hungary no later than on the sixth day
following the termination of the employment relationship, in the event of the termination or
cessation of the employment relationship.
registration authority shall impose a fine of HUF 5 million on the employer. The employer shall be
exempted from payment of the fine if he proves that, in fulfilling his obligation under paragraph 1,
he has acted in a manner which is normally expected in the given situation.
advanced by the immigration authorities and the police if
(bb) work without the required work permit or the authorisation provided for in this Act; or
17. The residence permit for foreign workers
30. §
(1) A guest worker residence permit can be issued to guest workers,

a) whose purpose of residence is to carry out actual work for or under the direction of another
person on the territory of Hungary on the basis of an employment relationship for
remuneration,
b) whose employer is a registered preferential employer or a registered qualified lender,
c) who is a national of a third country as defined in a decree issued by the Minister responsible
for the employment of third-country nationals in Hungary with the approval of the Defence
Council, and
d) whose employment is in an occupation which is not excluded by the Minister responsible for
employment policy in his communication.
(2) It is considered a preferential employer:

a) an employer with a strategic partnership agreement with the Government;
b) an employer that carries out an investment of major importance for the national economy;
c) an employer that has a partnership agreement under the Priority Exporter Partnership
Programme.
(3) A qualified lender is an employer listed in the register of qualified lenders as defined in the
Government Decree.
(4) In addition to the provisions of paragraph (1), the number of guest worker residence permits
and residence permits for employment purposes issued in Hungary shall not exceed the number of
permits determined annually by the Minister responsible for employment policy.
31. §
17
(1) A guest worker residence permit entitles you to stay in Hungary for a fixed period of up to two
years.
(2) The guest worker residence permit may be renewed for a maximum period of one year,
provided that it may not be renewed for a period exceeding three years from the date of first issue
of the guest worker residence permit.
(3) A guest worker residing in the territory of Hungary and holding a valid guest worker residence
permit may submit an application for a new guest worker residence permit beyond the period
specified in paragraph (2), if he/she fulfils the conditions laid down in this Act. The validity of a
residence permit for a guest worker shall be governed by paragraphs (1) and (2).
(4) During the period of validity of the residence permit and after its expiry, no other residence
permit may be applied for in the country.
(5) The residence permit of a guest worker holding a guest worker residence permit cannot be
used to establish the residence title of a third-country national on the grounds of his/her stay in
Hungary.
(6) A guest worker cannot be issued with a national residence card.
(7) The period of validity of the residence permit for foreign workers may be extended, in the
event of its renewal, up to the period specified in the resolution of the competent authority, but
not beyond the date specified in paragraph 2.
(8) If the guest worker wishes to establish an employment relationship with another employer,
the guest worker must submit an application for the extension of the guest worker residence
permit.
(9) If there is a change in the employment conditions of a guest worker employed by the
employer, the employer must notify the immigration authority within five days of the change by
providing the following information:
a) details of the employer (name, address, registered office, establishment, type of business,
company registration number),
b) the guest worker's natural person identification details,
c) the number of the guest worker's residence permit,
d) the title and FEOR number of the occupation authorised and changed,
e) the address of the authorised place of work and the changed place of work in Hungary.
(10) The notification pursuant to paragraph 9 shall be made to the aliens policing authority by
electronic means through the electronic interface for the opening of aliens policing cases. The fact
and date of the notification and the particulars of the notification referred to in paragraph 9 shall
be recorded by the aliens policing authority in its records.
32. §
(1) The employer must ensure that the guest worker holding a residence permit for guest workers
leaves the territory of Hungary no later than on the sixth day following the termination of the
employment relationship in the event of the termination or cessation of the employment
relationship.
registration authority shall impose a fine of HUF 5 million on the employer. The employer shall
18
shall be exempted from the payment of the fine if it proves that, in performing its obligation under
paragraph 1, it acted as it would normally be expected to act in the circumstances.
advanced by the immigration authorities and the police if
bb) work without the required work permit or the authorisation provided for in this Act, or
18. Loss of legal basis for the employment of a guest worker
33. §
(1) The legal basis for the guest worker's stay in Hungary is the existence of the guest worker's
employment relationship with the employer named in the residence permit.
(2) If the employment of the guest worker ceases within the period of validity of the residence
permit issued, no individual aliens' registration procedure shall be conducted in connection with
the revocation of the residence permit under this Chapter, and the residence permit shall be
invalid from the 6th day following the date of the employer's notification of the termination of
employment.
(3) An application for a residence permit under this Chapter shall be accompanied by a declaration
by the guest worker that, in the event of the residence permit becoming invalid pursuant to
paragraph 2, he/she will leave the territory of the Member States of the European Union and
other Schengen States voluntarily within 8 days of the date of the invalidity, specifying the country
of departure.
(4) The aliens' registration authority shall inform the guest worker of the legal consequences of
the invalidity of the declaration under paragraph 2 and the declaration under paragraph 3.
19. Registration and employment fee
34. §
(1) A registration fee and an employment fee are payable by qualified lenders and preferential
employers who apply for registration as specified in a government decree.
(2) The registration fee shall be payable at the time of registration of the employers referred to in
paragraph (1). The amount of the registration fee shall be determined by Government Decree.
(3) The employment fee shall be paid once a year in a lump sum after registration as provided for
in paragraph 2. It shall be calculated on the basis of the number of applications for employment of
third-country workers submitted by the employer referred to in paragraph 1 in the year preceding
the year in question, multiplied by the amount specified in a Government Decree.
(4) The obligation to pay the employment premium ceases at the end of the year in which the
employer is removed from the register. In the year of removal from the register referred to in
paragraph 1, the employment fee referred to in paragraph 3 shall be payable for the year in
question
19
about.
(5) The Government Office shall be responsible for keeping the register provided for in paragraph
(1), for imposing the registration fee provided for in paragraph (2) and the employment fee
provided for in paragraph (3), in accordance with the procedural rules laid down in a Government
Decree.
V. Chapter
Stay of a highly competent third-country national
20. Interpretative provisions
35. §
For the purposes of this

Act
a) first Member State: the first Member State of the European Union to issue
aa) an intra-corporate transferee permit for that third-country national,
(ab) an authorisation under Directive (EU) 2016/801 of the European Parliament and of the
Council for the third-country national, or
ac) EU Blue Card for the third-country national;
b) host organisation:
(ba) an organisation, irrespective of its legal form, to which the intra-corporate transferee is
transferred, operating as a legal entity established by law; and
bb) research organisations, higher education institutions, educational institutions and
organisations hosting trainees, as defined by law;
c) second Member State: any Member State other than the first Member State in which
ca) the intra-corporate transferee intends to exercise or exercises the right to mobility
under this Act,
(cb) the third-country national wishes to exercise or is exercising the right to legal mobility
under Directive (EU) 2016/801 of the European Parliament and of the Council; or
cc) the EU Blue Card holder wishes to exercise or is exercising the right to mobility under §
38.
21. Stay of a highly qualified worker - the Hungarian Card
36. §
(1) The Hungarian Card is a residence permit entitling the holder of a higher professional
qualification to reside in the territory of Hungary and at the same time to work in Hungary requiring
higher professional qualifications.
(2) Tertiary vocational qualification means a higher education qualification attesting to higher
education and professional qualifications.
(3) The Hungarian Card is only available to third-country nationals,

a) whose purpose of residence is to carry out, for consideration, actual work for or under the
direction of another person on the basis of an employment relationship, or
b) a c o m p a n y , cooperative or other legal entity established for gainful purposes
20
as owner or manager of a person, carries out actual work in addition to the activities covered
by this activity.
(4) A Hungarian Card may also be issued to third-country nationals with higher professional
qualifications who are employed in Hungary on the basis of an employment relationship with an
employer established in a third country in order to fulfil an agreement with a domestic employer.
(5) A third-country national may be issued a Hungarian Card even if the conditions set out in
paragraphs (3) and (4) are met only if.
a) has the professional qualifications specified in a communication of the Minister responsible
for higher education, drawn up in agreement with the Minister responsible for vocational
training, the Minister responsible for adult education, the Minister responsible for
employment policy and the Minister responsible for the employment of third-country
nationals in Hungary,
b) a professional athlete or professional coach,
c) a performer, or
d) a third-country national who is actually working in a film production company registered by
the professional authority for the cinema under the Cinematography Act.
(6) The validity period of the Hungarian Card is up to three years, which may be extended by up to
three years on occasion, if the third-country national fulfils the social coexistence conditions set by
law.
22. Highly qualified workers staying under EU rules - the EU Blue Card
37. §
(1) The EU Blue Card is a residence permit which entitles the holder to reside in the territory of a
Member State if he/she is highly qualified and at the same time to work under the conditions laid
down in this Act.
(2) An EU Blue Card is issued to third-country nationals,

a) who meets the conditions set out in points a) and d), h) and i) of paragraph (1) of Article 17,
b) who has the higher professional qualifications required for the job or a relevant higher
professional qualification of a specific duration as required by law,
c) who has not provided false information or false facts to the determining authority in order
to obtain the right of residence, has not misled the determining authority as to the purpose
of his/her stay, or the purpose of his/her stay does not deviate from the authorised purpose,
d) who is not disqualified under paragraph 3,
e) whose employment is supported by law and in the interest of domestic employment policy,
f) who is or has applied to be insured for the full range of health care benefits for all periods
during which he/she is not insured by virtue of the employment relationship, and
g) who has declared a genuine domestic address as their Hungarian accommodation.
(3) You cannot get an EU Blue Card

a) a third-country national who has applied for refugee status or has applied for temporary or
subsidiary protection from the asylum authority,
21
b) a person who has been granted temporary protection by Hungary,
c) a person admitted under the Asylum Act (hereinafter referred to as "admitted"),
d) a third-country national who applies to reside as a researcher for the purpose of carrying out
a research project,
e) a third-country national who holds an EU residence permit issued by another EU Member
State certifying his/her long-term resident status,
f) a third-country national who has entered the territory of Hungary on the basis of a
commitment contained in an international agreement facilitating the entry and residence of
certain categories of natural persons engaged in trade and investment, except for third-
country nationals who have been authorised to enter the territory of a Member State in the
framework of an intra-corporate transfer,
g) third-country nationals covered by Directive 96/71/EC of the European Parliament and of
the Council who are posted to Hungary.
(4) The EU Blue Card must be issued for at least two years. If the employment contract is for a
period of less than two years, the EU Blue Card shall be issued for a period exceeding three
months of the duration of the employment relationship under the employment contract.
(5) The EU Blue Card is valid for a maximum of four years, with the possibility of an occasional
extension of up to four years.
38. §
A third-country national who holds a residence permit issued by a Member State of the European
Union for the purpose of highly qualified employment is entitled to an EU Blue Card if
a) have resided legally for at least twelve months in the Member State issuing the EU Blue Card
or for six months in the second Member State, and
b) meets the conditions set out in paragraph (2) of Article 37.
39. §
(1) During a period of one year from the date of issue, the EU Blue Card can only be used
a) an employment relationship that gives rise to the expense, or
b) it entitles you to work in an authorised employment relationship requiring a high level of
qualification, on the basis of a consideration of the domestic employment policy interest.
(2) The EU Blue Card holder may not start a changed employment relationship within the meaning
of point ( b) of paragraph 1 until the issuance of the resolution provided for by law, but for a
maximum of 30 days.
23. Intra-corporate transfer
40. §
(1) An intra-corporate transferee is a third-country national residing outside the territory of the
Member States of the European Union at the time of application for a residence permit for an
intra-corporate transferee who has been intra-corporately transferred.
(2) Intra-corporate transferee is the temporary posting for employment or training purposes of
third-country nationals residing outside the territory of the Member States of the European Union
who are on a temporary posting from an undertaking established outside the territory of the
Member States of the European Union at the time of application for a residence permit for an
intra-corporate transferee,
22
to which the third-country national is bound by a work contract before and during the transfer to
an entity established in that Member State belonging to the same undertaking or group of
undertakings or, where applicable, between host entities established in one or more second
Member States.
(3) A group of undertakings shall mean two or more undertakings recognised as linked in
accordance with points (a) to (d), where one undertaking in respect of another undertaking
a) directly or indirectly holds the majority of the registered capital of the latter company,
b) control the majority of the voting rights attached to the issued share capital of the
undertaking,
c) appoint more than half of the members of the administrative, management or supervisory
bodies of the undertaking in question, or
d) it is managed as a parent company on a unified basis.
41. §
(1) An intra-corporate transferee permit is a residence permit entitling the holder to reside and
work in the territory of the first Member State and, where applicable, the second Member State,
under the conditions laid down by law.
(2) A residence permit for intra-corporate transferees is issued to third-country nationals who
a) proves that the host organisation and the company established in the third country belong
to the same company or group of companies,
b) meets the conditions set out in points (a) and (d), (h) and (i) of paragraph (1) of Article 17,
and does not have any of the grounds for exclusion set out in paragraph (3) or grounds for
refusal to issue a residence permit for the purpose of intra-corporate transfer,
c) certifies that the intra-corporate transfer was immediately preceded by at least three
months' continuous service in the same undertaking or group of undertakings in the case of
a legally defined managerial, professional or trainee employee,
d) proves that Hungary has the longest period of intra-corporate transfer in the EU Member
States,
e) have the professional qualifications and experience required in the host organisation to
which you are being transferred as a senior member of staff or expert, or, as a trainee, the
necessary university degree,
f) their employment is supported by law and in the interest of domestic employment policy,
g) is insured for the full range of health benefits or has applied for this for any period during
which he/she is not insured by virtue of the employment relationship,
h) have sufficient resources for themselves and their family members for the entire duration of
their stay so that their stay does not impose an unreasonable burden on the social
assistance system of Hungary, and
i) declared a real domestic address as your Hungarian accommodation.
(3) You cannot be granted an intra-corporate transfer residence permit

a) a third-country national holding a residence permit issued for the purpose of research,
b) a third-country national who is a national of the European Union and its Member States, on
the one hand, and
23
enjoys rights of free movement equivalent to those of citizens of the European Union under
agreements between third countries or is employed by an undertaking established in such
third countries,
c) third-country nationals covered by Directive 96/71/EC of the European Parliament and of
the Council who are posted to Hungary,
d) the self-employed person,
e) a third-country national who works on behalf of a temporary employment agency, a
temporary agency or any other undertaking whose activity consists in supplying labour to
work under the supervision and control of another undertaking,
f) a person who holds a residence permit for the purpose of studies or who is on a short-term
supervised traineeship as part of their studies.
(4) The period of validity of a residence permit issued for the purpose of intra-corporate transfer
shall be at least one year or the duration of the transfer. The shorter of the two periods shall be
taken as the period of validity of the residence permit.
(5) The validity of an intra-corporate transfer residence permit is limited to three years for
managers and experts and one year for trainees.
(6) A residence permit issued for the purpose of intra-corporate transfer may be renewed for the
purpose of intra-corporate transfer within the period and for the period specified in paragraph 5.
(7) A third-country national who is entitled to a residence permit for the purpose of intra-
corporate transfer may not be granted a residence permit for work under this Act.
42. §
A third-country national who holds a residence permit issued by a Member State of the European
Union for the purpose of intra-corporate transfer shall be granted a residence permit for the
purpose of intra-corporate transfer (long-term mobility permit) if he or she fulfils the conditions
set out in Article 17(1)(a) and (b) of this Regulation.
d), and the conditions set out in points a) and b) and points f) to i) of paragraph (2) of Article 41.
24. The researcher's stay
43. §
(1) A researcher is a third-country national holding a doctorate or an appropriate higher education

qualification giving access to doctoral programmes, who has entered and resides in the territory of
a Member State and has been selected by a research organisation to carry out a research activity
for which such qualifications are normally required.
(2) The research organisation is an accredited research organisation under the law.
44. §
(1) A residence permit for the purpose of research may be issued to third-country nationals,
a) who, under a hosting agreement with a research organisation accredited under the legislation
24
wishes to reside in Hungary for the purpose of carrying out scientific research, and
b) for whom the research organisation has given a written undertaking to reimburse the costs
incurred in connection with the expulsion of the researcher if the researcher stays for longer
than the duration of the authorised stay, unless the researcher has the necessary financial
resources.
(2) You cannot be granted a residence permit for research purposes

b) a person recognised as a refugee or granted temporary or subsidiary protection by Hungary,
c) for those admitted,
d) a third-country national whose expulsion has been suspended on factual or legal grounds,
e) a person with the right of free movement and residence,
f) a third-country national who holds an EU residence permit issued by another EU Member
g) from a third from national, who in a company
within relocation arriving in the European Union as a trainee in the framework
of a placement, and
h) a third-country national who enters the European Union for the purpose of highly qualified
employment.
(3) Period of validity of the research residence permit

a) at least one year, but not more than two years,
b) if the validity period of the betting agreement is less than one year, it will be adjusted to the
validity period of the betting agreement.
(4) The residence permit for research purposes may be renewed on a case-by-case basis for a
period equal to the period of validity of the hosting agreement, up to a maximum of two years.
45. §
(1) Researchers who are third-country nationals holding a residence permit issued by a Member
State of the European Union for the purpose of research may obtain a short-term mobility
certificate allowing them to stay in Hungary for one hundred and eighty days in any three hundred
and sixty-day period, provided that they intend to carry out part of their scientific research at a
Hungarian research organisation on the basis of a hosting agreement with a legally accredited
research organisation.
(2) Together with the notification for the issue of a short-term researcher mobility certificate, the
researcher must attach.
a) a hosting agreement with an accredited research organisation in Hungary,
b) your short-term mobility plan, indicating the planned duration and dates of y o u r mobility,
c) documents certifying the conditions set out in points (f) and (g) of paragraph (1) of Article 17,
and
d) a document stating the actual address as accommodation in Hungary.
(3) A family member of a third-country national researcher who has submitted a notification for
the issue of a short-term mobility certificate and who holds a valid residence permit issued by the
first Member State with respect to his/her family status shall be entitled to a short-term mobility
certificate for researchers pursuant to paragraph 1, provided that he/she encloses with his/her
notification
a) the conditions set out in points a), f) and g) of paragraph (1) of Article 17
25
documents proving compliance,
b) a certificate stating the planned duration and dates of the mobility, in line with the
researcher's short-term mobility plan, and
c) a copy of your residence permit issued by the first Member State.
(4) The period of validity of a short-term researcher mobility certificate issued to a member of the
researcher's family pursuant to paragraph 3 shall not exceed one hundred and eighty days in any
period of three hundred and sixty days, but shall not exceed the period of validity of the
researcher's short-term mobility certificate.
46. §
(1) A third-country national holding a residence permit issued by a Member State of the European
Union for the purpose of research may be granted a long-term mobility residence permit for
researchers for a period of stay in Hungary exceeding one hundred and eighty days if he/she
intends to carry out part of his/her scientific research at a Hungarian research organisation on the
basis of a hosting agreement concluded with a research organisation accredited under the law.
(2) When submitting an application for a long-term mobility residence permit for researchers, the
researcher must submit the following documents
a) signed a hosting agreement with the Hungarian research organisation,
b) your long-term mobility plan, indicating the planned duration and dates of y o u r mobility,
c) documents certifying the conditions set out in points (f) and (g) of paragraph (1) of Article 17,
and
(3) Long-term researcher mobility permits can be issued for a maximum of 365 days.
(4) The family member of a third-country national researcher applying for a long-term mobility
residence permit who holds a valid residence permit issued by the first Member State with respect
to his/her family status shall be entitled to a long-term mobility permit for researchers pursuant to
paragraph 1, provided that he/she submits with his/her application
a) documents proving that the conditions set out in points a), f) and g) of paragraph (1) of
Article 17 are fulfilled,
b) a certificate stating the planned duration and dates of the mobility, in line with the
researcher's long-term mobility plan, and
c) a copy of your residence permit issued by the first Member State.
(5) The period of validity of the long-term mobility residence permit issued to a member of the
researcher's family on the basis of paragraph 4 shall not exceed 360 days, but shall not exceed the
period of validity of the researcher's long-term mobility residence permit.
47. §
(1) A third-country national researcher may be granted a residence permit for the purpose of
seeking employment or starting a business if he or she holds a valid residence permit for the
purpose of research and can prove that he or she has completed his or her research activity, has
the qualifications referred to in Article 17(1)(a) and (f) to (g).
(i), and the post or business which the third-country national intends to take up is appropriate to
the level of research.
(2) The period of validity of a residence permit under this Section shall not exceed nine months.
26
(3) A residence permit pursuant to this Section shall not be renewable.
(4) A third-country national who holds a valid residence permit pursuant to this Section shall,
during the period of its validity in Hungary.
a) Request for the issuance of a Hungarian Card
b) for an EU Blue Card, or
c) may apply for a residence permit for the purpose of self-
employment as a guest.
25. Relocating a business to Hungary - the Business Card
48. §
(1) To be issued a Company Card, the third-country national must be a manager or employee of a
legal entity that is an employer as defined by Government Decree or an entrepreneur who has
concluded a settlement agreement with the employer.
(2) A third-country national whose purpose for obtaining a Company Card is to.
a) act as a director of a company, cooperative or other legal person established for profit,
b) to carry out actual work in addition to the activity covered by point (a), or
c) actually perform work for or under the direction of another person, f o r remuneration, on
the basis of his or her employment relationship.
49. §
(1) The Business Card entitles you to stay in Hungary for a fixed term of up to four years.
(2) The Business Card may be extended for a maximum of four years at a time for this purpose only.
(3) During the period of validity of the Business Card and after its expiry, no other form of
residence permit may be applied for in the country.
VI. Chapter
Residence of a third-country national of a specific nationality - the National Card
26. The National Card
50. §
Serbian and Ukrainian citizens may be issued with a National Card if the purpose of their stay is to
carry out actual work, including temporary employment, for remuneration, for or under the
direction of another person, on the basis of an employment relationship.
51. §
(1) The National Card entitles the holder to stay in Hungary for a fixed period of more than 90 days
but not more than two years within a period of one hundred and eighty days.
27
(2) The National Card can be extended for up to three years at a time.
52. §
If the Serbian and Ukrainian citizens wish to establish an employment relationship with another
employer, they must submit an application for extension of their National Card.
53. §
The provisions of § 33 shall apply to the National Card.
VII. Chapter
Other residence titles
27. Stay of the student for the purpose of further studies
54. §
(1) A residence permit for study purposes is issued to third-country nationals who
a) is or has been registered in Hungary with a public education institution registered in the
public education information system as operating in Hungary as a full-time school or under
the full-time education work schedule, or wishes to reside in Hungary in the framework of
full-time studies at a state-recognised higher education institution or a foreign higher
education institution operating in Hungary with a licence in order to pursue studies or to
participate in preparatory studies organised by the higher education institution,
b) proves that you have the language skills necessary to continue your studies,
c) paid the fees charged by the public education or higher education institution,
d) certifies that the conditions set out in points (a), (c) and (d) and points (f) to (i) of paragraph
(1) of Article 17 are fulfilled, and
e) declared a real domestic address as your Hungarian accommodation.
(2) You cannot be granted a residence permit for study purposes

g) from a third from national, who in a company
within relocation arriving in the European Union as a trainee in the framework
of a placement, and
employment.
(3) Period of validity of the residence permit for study purposes

a) at least one year but not more than three years, or
b) - if the training period is less than one year, a period of time corresponding to the duration of
the training.
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(4) The residence permit for study purposes may be renewed for a minimum of one year and a
maximum of three years at a time.
(5) The period of validity of the residence permit for study purposes shall not exceed the period of
validity of the applicant's travel document in the case provided for in paragraph 4.
(6) A third-country national holding a residence permit for the purpose of studies may not be
granted an additional residence title for a third-country national on the grounds of his/her stay in
Hungary.
(7) A third-country national holding a residence permit for study purposes cannot be issued with a
national residence card.
(8) A third-country national holding a residence permit for study purposes or a student mobility
permit or a student mobility certificate may work up to 30 hours per week during term time and
up to 90 days per year outside term time on a full-time basis.
55. §
(1) A third-country national student may be granted a residence permit for the purpose of
seeking a job or starting a business if he or she holds a valid residence permit for the purpose of
studies and can prove that he or she has successfully completed his or her studies, has the
qualifications referred to in Article 17(1)(a) and
the conditions set out in points (f) to (i), and the job or business which the third-country national
wishes to take up is appropriate to the level of studies pursued.
(2) The period of validity of a residence permit under this Section shall not exceed nine months.
(3) A residence permit pursuant to this Section shall not be renewable.
(4) A third-country national who holds a valid residence permit pursuant to this Section shall,
during the period of its validity in Hungary.
a) For the issuance of the Hungarian Card
b) for an EU Blue Card, or
c) may apply for a residence permit for the purpose of self-
employment as a guest.
56. §
(1) A student is a third-country national who has been admitted to a higher education institution in
Hungary and whose entry and residence in the territory of Hungary is permitted for the purpose of
pursuing as a main activity full-time studies leading to a higher education qualification recognised
by Hungary, including a diploma, certificate or doctoral degree of a higher education institution
which, in accordance with Hungarian law, also covers preparatory courses or compulsory practice
prior to such education.
(2) A student who holds a study permit issued by another Member State of the European Union
and who is not covered by an EU or multilateral programme involving mobility measures or an
agreement between two or more higher education institutions and who holds a valid residence
permit for the purpose of study issued by the first Member State
29
may be granted a student mobility residence permit if he or she wishes to pursue part of his or her
studies at a higher education institution specified by law.
(3) When submitting the application for a student mobility residence permit, t h e student must
attach the following documents
a) an agreement or admission certificate from a higher education institution in Hungary,
b) documents certifying the conditions set out in points (f) and (g) of paragraph (1) of Article 17,
c) proof of payment of the fee set by the higher education institution, and
(4) A student who holds a residence permit for the purpose of studies issued by another EU
Member State and who is covered by an EU or multilateral programme involving mobility
measures or an agreement between two or more higher education institutions and who holds a
valid study permit issued by the first Member State, may be issued with a student mobility
certificate if, in order to exercise student mobility, he/she notifies the aliens' registration authority
of his/her mobility plan and the planned duration of the mobility, indicating the dates and the
data content of the notification, by means of a notification form and a form specified by law.
(5) In addition to the information required under paragraph 4, the student shall, together with the
notification under paragraph 4, enclose.
a) an agreement or admission certificate from a higher education institution in Hungary,
b) documents certifying the conditions set out in points (f) and (g) of paragraph (1) of Article 17,
c) proof of payment of the fee set by the higher education institution, and
(6) With a student mobility residence permit pursuant to paragraph (2) and with a student
mobility certificate pursuant to paragraph (4), a third-country national may reside in the territory
of Hungary for a maximum period of 360 days.
(7) The aliens' registration authority shall issue a certificate of acceptance of the notification
referred to in paragraph (4), containing the information specified by law.
57. §
(1) A residence permit for the purpose of training may be issued to a third-country national who
a) meets the conditions set out in points (a) and (c) to (i) of paragraph (1) of Article 17, and
b) is receiving a scholarship from the Government or a Ministry to study in Hungary.
(2) A third-country national who fulfils the conditions for the issue or renewal of a residence
permit for the purpose of studies may not be granted a residence permit for the purpose of
studies.
(3) A residence permit for training purposes may be granted for a maximum period of one year
and may not be renewed for the same purpose. A third-country national may apply for an
extension of the residence permit for study purposes only.
(4) The residence title of a third-country national who holds a residence permit for training
purposes cannot be used as a basis for the residence title of a third-country national.
30
(5) Third-country nationals holding a residence permit for training purposes cannot be issued with
a national residence card.
28. The trainee's stay
58. §
(1) A trainee is a third-country national who holds a higher education qualification or is studying
for a higher education qualification in a third country and who is authorised to enter and reside in
Hungary for the purpose of a traineeship.
(2) An internship is a work placement that a trainee undertakes during the course of his/her
studies or as part of a traineeship programme organised for a graduate trainee, with the aim of
gaining knowledge, practice and experience in a workplace environment.
59. §
(1) A third-country national who can prove that he or she is

a) wishes to stay in Hungary on the basis of an approved traineeship contract with a host
organisation for the purpose of carrying out a traineeship, and the host organisation has
undertaken in writing to reimburse the costs incurred in connection with the expulsion of
the trainee if the trainee stays for longer than the authorised period of stay, unless the
trainee has the necessary financial means,
b) have obtained the higher education qualification required for the traineeship within the two
years preceding the submission of the application, or are studying for the higher education
qualification required for the traineeship, and
c) have the necessary language skills to carry out the traineeship.
(2) Not be issued a residence permit for the purpose of the traineeship
g) third-country nationals who arrive in the European Union as intra-corporate transferees or
as trainees, and
employment.
(3) Period of validity of the residence permit issued for the purpose of the traineeship
a) up to six months, or
b) - for training agreements of less than six months' duration - the traineeship
31
of a length appropriate to the duration of the period.
(4) A residence permit issued for the purpose of a traineeship cannot be renewed.
(5) A third-country national holding a residence permit issued for the purpose of a traineeship
may not be granted a residence title of a third-country national on the grounds of his/her stay in
Hungary.
(6) During the period of validity of the residence permit issued for the purpose of a traineeship
and after its expiry, no other residence permit may be applied for in the country.
(7) A third-country national holding a residence permit issued for the purpose of a traineeship
cannot be issued with a national residence card.
29. The official purpose of the stay
60. §
(1) A residence permit for official purposes may be issued to a third-country national who fulfils
the conditions set out in points (a) and (c) to (i) of Section 17(1), and
a) as a person enjoying diplomatic or other privileges and immunities under international law,
or as a member of their family,
b) as a member of an official delegation of a foreign state or public body or international
organisation,
c) as a press reporter,
d) in the framework of an international treaty, international cultural, educational, scientific
cooperation or an international governmental aid programme for study, education,
scientific, training or further training purposes,
e) as a member of the staff of a scientific, educational or cultural institution operating in
Hungary under an international treaty or as a person visiting the country in the course of the
activities of such an institution
wish to reside in Hungary.
(2) The period of validity of the residence permit for official purposes shall be equal to the
duration of the activity referred to in paragraph (1)(a) to (e), but shall not exceed three years,
which may be extended occasionally by a period of time corresponding to the duration of the
official service or training, but not exceeding three years.
30. Temporary residence permit issued on the basis of the international treaty on the
employment of tourists in temporary work (WHS)
61. §
(1) Temporary residence permits are issued by the immigration authorities on the basis of
international treaties on the employment of tourists on temporary work.
(2) A temporary residence permit may be issued to a third-country national who

a) fulfils the conditions set out in the international treaty in this area in a documented manner,
and
32
b) meets the conditions set out in points (h) and (i) of paragraph (1) of Article 17.
(3) The period of validity of the temporary residence permit may not exceed the period laid down
in the international agreement on the basis of which it was issued.
(4) The temporary residence permit cannot be renewed.
(5) No more than the maximum number of temporary residence permits provided for in
international agreements may be issued per year.
(6) During the period of validity of the temporary residence permit and after its expiry, no other
residence permit may be applied for in the country.
(7) Third-country nationals holding a temporary residence permit cannot be issued with a national
residence card.
31. The stay of the digital nomad - the White Card
62. §
(1) A White Card is a residence permit whose holder is in a certified employment relationship in a
country outside Hungary and performs his/her work from Hungary using advanced digital
technology, or holds a share in a company with a certified profit in a country outside Hungary and
performs his/her work or manages his/her business from Hungary using advanced digital
technology.
(2) A third-country national can be issued with a White Card if he or she

a) You have a certified employment relationship in a country outside Hungary and perform
your work from Hungary using an advanced digital technology solution, or you own a share
in a company with a certified profit in a country outside Hungary and perform your work or
manage your company from Hungary using an advanced digital technology solution,
b) meets the conditions set out in points (a) and (c) to (i) of paragraph (1) of Article 17 and
does not have any of the grounds for exclusion set out in paragraph (3), and
c) does not work in Hungary and does not own shares in a company in Hungary.
(3) You cannot get a White Card

a) a third-country national who fulfils the conditions for the issue of a residence permit for self-
employed visitors, a residence permit for visiting investors, a residence permit for
employment purposes issued for the purpose of carrying out an investment, a residence
permit for employment purposes, a residence permit for guest workers, a National Card, a
Hungarian Card or a Company Card,
b) a person who holds a residence permit for the purpose of studies or is on a short-term
supervised traineeship as part of their studies,
c) third-country nationals covered by Directive 96/71/EC of the European Parliament and of
the Council who are posted to Hungary,
d) a third-country national who has applied for refugee status or has applied for temporary or
e) a person who is recognised by Hungary as a refugee, or is granted temporary or subsidiary
protection
33
favoured,
f) for those admitted,
g) a third-country national whose expulsion has been suspended on factual or legal grounds,
h) third-country nationals who hold an EC residence permit or an EU residence card,
i) a third-country national who arrives in t h e European Union as part of an intra-corporate
transfer, and
j) a third-country national who enters the European Union for the purpose of highly qualified
employment.
(4) The validity of the White Card is limited to one year, renewable once for the same purpose
only, for a maximum of one year.
(5) During the period of validity of the White Card and after its expiry, no other form of residence
permit may be applied for in the country.
(6) The residence of a third-country national who holds a White Card cannot be used as a basis for
the residence title of another third-country national.
(7) A third-country national holding a White Card is not entitled to a national residence card.
32. Posted on
63. §
(1) A posted worker is a third-country national covered by Directive 96/71/EC of the European
Parliament and of the Council who is on a posting in the territory of Hungary.
(2) A residence permit for the purpose of a posting may be issued to a third-country national who
a) holds a residence permit issued by a Member State of the European Union for the purpose
of employment at the time of application for a residence permit for the purpose of posting,
and
b) you intend to work in Hungary for a limited period of time on the basis of an employment
relationship with the posting undertaking
(ba) on behalf and under the control of the sending undertaking, on the basis of a contract
concluded between the sending undertaking and the recipient of the service in that
Member State,
bb) at a site or undertaking owned by the sending group of undertakings, or
bc) sent by the posting temporary employment agency or employment agency to an
undertaking established or operating in Hungary.
(3) The posting undertaking and the worker are in an employment relationship during the period
of posting and the service is provided on the basis of a contract concluded between the posting
undertaking and the recipient of the service in the Member State in question, in the name and
under the direction of the posting undertaking.
(4) The period of validity of a residence permit issued for the purpose of a posting shall be
adapted to the duration of the posting, but shall not exceed two years. The residence permit may
be renewed for the same purpose within a period of two years from the date of issue.
(5) Period of validity of the residence permit for the purpose of posting, determined in accordance
with paragraph 4
34
shall not exceed the period of validity of the residence permit issued by a Member State of the
European Union.
33. Stay for medical treatment
64. §
(1) A residence permit for the purpose of medical treatment may be issued to a third-country
national who fulfils the conditions set out in points (a) and (c) to (i) of paragraph (1) of Article 17,
and
a) wishes to stay in Hungary for medical treatment, or
b) is accompanying his/her minor child under Hungarian law or another member of his/her
family who is unable to care for himself/herself, as defined in this Act, to Hungary for
medical treatment.
(2) The period of validity of the residence permit for medical treatment shall be adapted to the
duration of the treatment, but shall not exceed two years, which may be extended occasionally by
a period adapted to the duration of the treatment, but shall not exceed two years.
(3) During the period of validity of the residence permit for medical treatment and after its expiry,
no other residence permit may be applied for in the country.
(4) Third-country nationals holding a residence permit for medical treatment cannot be issued
with a national residence card.
34. Stay for the purpose of carrying out voluntary activities
65. §
(1) A residence permit issued for the purpose of carrying out voluntary activities may be issued to
third-country nationals who
a) meets the conditions set out in points (a) and (c) to (i) of paragraph (1) of Article 17, and
b) wishes to reside in Hungary on the basis of a volunteer contract with a host organisation as
defined by law for the purpose of carrying out voluntary activities in the public interest or to
carry out voluntary activities under the European Voluntary Service scheme.
(2) You cannot obtain a residence permit issued for the purpose of carrying out voluntary activities
a) a third-country national who has applied for recognition as a refugee or has requested
temporary or subsidiary protection from the asylum authority,
b) who have been recognised as refugees or granted temporary or subsidiary protection by
Hungary,
g) a third-country national who arrives in the EU as an intra-corporate transferee or trainee,
and
h) third-country nationals who enter the EU for the purpose of highly qualified employment.
35
66. §
(1) The period of validity of a residence permit issued for the purpose of voluntary activity - from
(2) shall not be less than one year, but not more than two years.
(2) If the period of validity of the voluntary agreement is less than one year, the period of validity
of the residence permit issued for the purpose of the voluntary activity shall be set at the same
length as the period of validity of the hosting agreement.
(3) The residence permit of a third-country national who has been issued a residence permit for
the purpose of carrying out voluntary activities may not be used to establish the residence title of
a third-country national in Hungary.
(4) During the period of validity of a residence permit issued for the purpose of voluntary activity
and after its expiry, no other residence permit may be applied for in the country.
(5) A third-country national holding a residence permit issued for the purpose of carrying out a
voluntary activity cannot be issued with a national residence card.
35. Residence permit issued in the national interest
67. §
(1) A residence permit issued in the national interest may be granted by the Minister responsible
for immigration and asylum.
(2) The Minister for Aliens and Refugees may also grant a residence permit in the national
interest to a third-country national whose purpose is to carry out actual work for or under the
direction of another person on the basis of an employment relationship for consideration.
(3) The Minister of Aliens and Refugees may take into account the economic, national political,
scientific, cultural and sporting interests of Hungary in the procedure for issuing a residence
permit issued in the national interest.
(4) The Minister for Aliens and Refugees decides on the existence of a national policy interest with
the involvement of the specialised authority specified in the Government decree.
(5) The Minister responsible for Aliens and Refugees shall seek the opinion of a body designated
by a government decision on the existence of economic, scientific, cultural and sporting interests
of Hungary. The opinion of the body shall not be binding on the Minister responsible for Aliens and
Refugees.
(6) A residence permit issued in the national interest is valid for a maximum of three years,
renewable for a maximum of three years at a time.
(7) When issuing a residence permit issued in the national interest, the conditions set out in this
Act shall not be examined, except for the condition set out in paragraph (2).
(8) There is no right of appeal against a decision on an application for a residence permit issued in
the national interest.
36
36. Members of the civilian staff covered by the Agreement between the North Atlantic
Treaty Organisation Member States on the Status of their Armed Forces, done at London
on 19 June 1951, and
entry and stay of relatives
68. §
(1) The provisions of the Agreement between the Member States of the North Atlantic Treaty
Organisation regarding the Status of their Armed Forces, signed in London on 19 June 1951
(hereinafter referred to as the NATO SOFA Agreement), which are covered by the NATO SOFA
Agreement I. The provisions of this Act shall apply to the entry and residence of civilian
personnel as defined in Article I(b) of the NATO SOFA Agreement, hereinafter referred to as
"civilian personnel", and their relatives as defined in Article I(c) of the NATO SOFA Agreement
(hereinafter referred to as "civilian personnel"), subject to proof of their status, by way of
derogation from paragraphs 2 and 3.
(2) A civilian shall be exempted from the obligation to obtain a visa for a stay exceeding ninety
days within one hundred and eighty days and from the obligation to prove the conditions set out
in points (e) to (g) of paragraph (1) of Article 17.
(3) The aliens' authority is obliged to notify the body designated by the Minister responsible for
defence of the initiation and conclusion of criminal proceedings against a civilian and of his or her
expulsion, with a view to informing the sending State.
(4) Civilian personnel of the armed forces of the States Parties to the Agreement between the
States Parties to the North Atlantic Treaty and the other States participating in the "Partnership
for Peace" on the Status of their Armed Forces, promulgated by Act CII of 1995, and their
dependants, who are subject to this Agreement, shall be treated in the same way as paragraphs 1
to 3.
37. Members of the civilian personnel covered by the Agreement between the
Government of Hungary and the Government of the United States of America on Defense
Cooperation, the
Entry and stay of US contractors and their relatives
69. §
(1) The Agreement between the Government of Hungary and the Government of the United
States of America on Defense Cooperation, promulgated by Act LI of 2019, which is subject to the
Agreement between the Government of Hungary and the Government of the United States of
America on Defense Cooperation
a) Civilian staff as defined in Article II(3),
b) US contractors as defined in Article II, point 4, and
c) Relatives as defined in Article II(5)
shall be subject to the provisions of this Act, with the derogation provided for in paragraphs (2) and
(3), upon proof of their status under Article II, points (3) to (5).
(2) The person specified in paragraph (1) shall be exempted from the obligation to obtain a visa
for a stay exceeding ninety days within one hundred and eighty days and from the obligation to
prove the conditions specified in points (e) to (g) of paragraph (1) of Article 17.
(3) In the event of the arrest or detention of a person referred to in paragraph (1), the aliens'
37
authority shall notify the body designated by the Minister responsible for defence for the purpose of
informing the sending State.
38
38. Residence permit for humanitarian purposes
70. §
(1) In the absence of the residence conditions provided for in this Act, a residence permit for
humanitarian purposes shall be issued
a) who was recognised by Hungary as a stateless person;
b) who has been recognised by Hungary as a refugee;
c) a third-country national who has applied to the asylum authority for recognition as a refugee
or who has applied to the asylum authority for temporary or subsidiary protection;
d) a third-country national who was born on the territory of Hungary and subsequently
remained unaccompanied by a person responsible for him/her under Hungarian law, or an
unaccompanied minor;
e) at the request of the court, the prosecution, the law enforcement and national security
authorities or the investigating authority of the National Tax and Customs Administration, on
the grounds of a significant law enforcement or national security interest, a third-country
national or, in respect of him or her, another third-country national who cooperates with
the authorities in the investigation of a criminal offence in a manner that significantly
facilitates the provision of evidence;
f) on the application of the court, a third-country national who has been employed under
particularly exploitative working conditions or a minor third-country national who has been
employed without a valid residence permit or other authorisation for residence.
(2) Period of validity of a residence permit issued for humanitarian purposes

a) in the case referred to in paragraph 1(a), three years, which may be extended on each
occasion for a maximum of one year;
b) in the cases referred to in paragraph 1(b) and (d), one year, which may be extended on each
occasion for a maximum of one year;
c) in the case referred to in paragraph 1(c), for a maximum of six months, which may be
d) in the case referred to in paragraph 1(e),
(da) with the exception of sub-paragraph (db), for a maximum of six months, which may be
(db) if the third-country national is a victim of trafficking in human beings, six months, which
may be extended by six months on each occasion;
e) in the case referred to in paragraph 1(f), up to a maximum of six months, which may be
extended by up to six months on each occasion, pending the final outcome of the
proceedings brought by the third-country national against his employer for payment of his
outstanding pension.
(3) If the residence permit is issued on the basis of a request by the authority or body entitled to
issue a residence permit on humanitarian grounds, the residence permit may be withdrawn,
extended or refused on the initiative or with the consent of the authority or body entitled to issue
the request.
(4) The residence permit of a third-country national covered by paragraph 1(d) may be withdrawn
or the extension of the period of residence specified in the residence permit may be refused only if
family reunification or public or other institutional care is ensured in his or her country of origin or
in the other State receiving him or her.
39
(5) A third-country national who is a victim of trafficking in human beings and who is a holder of a
residence permit pursuant to paragraph 1(e) shall be entitled to benefits and assistance as defined
by law.
(6) For the purposes of point (f) of paragraph 1, particularly exploitative terms and conditions of
employment shall mean terms and conditions of employment, including those which result from
discrimination based on sex or other grounds, which differ in a manifestly disproportionate
manner from the terms and conditions of employment of legally employed workers, which affect
in particular the health and safety of workers and which are offensive to human dignity.
VIII. Chapter
Ensuring family coexistence
39. Who is eligible
71. §
(1) A residence permit issued for the purpose of family reunification may be issued to a third-
country national who
a) a person holding a residence permit,
b) a person holding an immigration, permanent residence, temporary residence, national
permanent residence or EC permanent residence permit,
c) a person holding a temporary residence card, national residence card or EU residence card,
d) a person who holds a residence card, permanent residence card or long-term residence card
in accordance with the Residence Act, or
e) Hungarian citizen
(for the purposes of this Chapter, hereinafter together referred to as "the sponsor").
(2) Family members are defined as

a) the spouse of a third-country national or a Hungarian citizen,
b) minor children (including adopted and foster children) of the third-country national and
his/her spouse,
c) a dependent minor child (including adopted and foster children) of a third-country national
over whom the third-country national has parental responsibility,
d) the dependent minor child (including adopted and foster children) of a third-country
national or the spouse of a Hungarian citizen, over whom the spouse has parental custody,
e) a person with parental custody over a minor Hungarian citizen, who exercises parental
custody and lives in the same household as the Hungarian citizen.
(3) In addition to those referred to in paragraph 1, a residence permit for the purpose of family
reunification may be issued to
a) a family member of the person recognised as a refugee, and
b) an unaccompanied minor recognised as a refugee
ba) a parent, or
bb) in the absence of a person under (ba), his or her guardian.
(4) You may not obtain a residence permit for the purpose of family reunification from a third-
country national
40
a national of a country, if the sponsor
a) with a residence permit for self-employed visitors for at least one year,
b) a residence permit for seasonal work,
c) a residence permit issued for the purpose of work on an investment project,
d) a residence permit for employment purposes,
e) with a residence permit for foreign workers,
f) White Card,
g) a residence permit for study or training purposes,
h) a residence permit for the purpose of a traineeship, and
i) holds a residence permit for the purpose of carrying out
voluntary activities.
(5) A residence permit must be issued to the child of a third-country national born on the territory
of Hungary to a third-country national who is a holder of a residence permit, unless otherwise
provided by law, in order to ensure family cohabitation.
(6) A residence permit to ensure family reunification linked to a recognised refugee shall not be
refused solely on the grounds that there is no documentary evidence of the existence of a family
relationship.
(7) A residence permit issued for the purpose of family reunification may be issued to the sponsor
or his/her spouse or to a person recognised as a refugee
a) a dependent parent, and
b) your brother or sister and a relative in the same line if you are unable to look after yourself
because of ill health.
(8) The spouse of a recognised refugee may be granted a residence permit for the purpose of
family cohabitation if the marriage was contracted before the recognised refugee entered Hungary.
(9) The spouse of the sponsor cannot be granted a residence permit if the other spouse of the
sponsor is in possession of a residence visa or residence permit issued to ensure family
reunification.
72. §
(1) If the family member has not acquired the right of residence under any other title, he or she is
entitled to an additional right of residence
a) if five years have elapsed since the first issue of the residence permit, or
b) in the event of the death of the family member or of a person recognised as a refugee, if the
conditions of stay are guaranteed.
(2) If the family member holds an EC residence permit or an EU residence card, which was issued
to him/her as an EU Blue Card holder on the basis of having resided legally and continuously in
Hungary for at least two years immediately prior to the application and for at least five years with
an EU Blue Card, residing legally and uninterruptedly in the territory of the Member States of the
European Union with a residence permit for the purpose of research or study, the five-year period
referred to in paragraph 1 shall include, in the case of a family member, the period of residence in
the territory of the European Union under a residence permit issued by a Member State of the
European Union for the purpose of family reunification, provided that the applicant has resided in
the territory of the Member States of the European Union for at least
41
resided legally and continuously in Hungary for the two years immediately before.
40. Period of validity of residence permit issued for the purpose of family reunification
73. §
(1) Period of validity of residence permit issued for the purpose of family reunification
a) - except in the cases provided for in points (b) to (d), for a maximum period of three years,
which may be extended on each occasion for a maximum period of three years,
b) up to four years, which may be extended by up to four years on each occasion if the family
member holds an EU Blue Card or a Company Card,
c) up to five years, which may be extended by up to five years on each occasion, if the family
reuniter is a Hungarian citizen or holds an EC permanent residence permit or an EU
residence card issued under Section 87 (1) (b) of Paragraph 87,
d) up to 10 years, which may be extended by up to 10 years at a time if the family reunitee
holds a residence permit for a family investor.
(2) The period of validity of a residence permit issued for the purpose of family reunification may
not exceed the period of validity of the residence permit of the family member. If the sponsor
holds an EU Blue Card, the period of validity of the residence permit issued for the purpose of
family reunification shall be the same as the period of validity of the sponsor's EU Blue Card.
(3) In the cases referred to in paragraphs 1 and 2, the period of validity of a residence permit
issued for the purpose of family reunification shall not exceed the period of validity of the
applicant's travel document.
PART FOUR
Long-term residence of a third-country national in Hungary
IX. Chapter 1
General provisions
41. The right of permanent residence
74. §
(1) A third-country national who has the right of permanent residence is

a) before the entry into force of this Act
aa) an immigration permit,
ab) a permanent residence permit,
(ac) temporary residence permit, (ad)
national residence permit, (ae) EC
residence permit,
b) under this Act
ba) a temporary residence card,
bb) a national residence card, or
bc) has received an EU residence
card.
42
(2) A third-country national who has the right of permanent residence shall enjoy the rights
granted by law to holders of a residence permit, with the exception of the right of permanent
residence under paragraph (3), provided that he/she is entitled to stay in Hungary for an indefinite
period.
(3) The temporary settlement permit and the temporary residence card entitle you to stay in
Hungary for the duration of their validity.
(4) In the case covered by the Act on the Registration of Personal Data and Addresses of Citizens,
the proceeding authority shall notify the body managing the register of personal data and
addresses of citizens of
a) a long-term residence permit issued to a third-country national who is registered as a
refugee or a beneficiary of international protection for the purpose of registering a new
status in addition to the existing status, and
b) the withdrawal of immigration, residence, temporary, national, EC and temporary, national
and EU residence permits.
(5) In the procedures governed by this Chapter, the authority specified in the Government Decree
shall give its opinion on the technical question of whether the long-term residence of a third-
country national endangers the national security or public safety of Hungary.
a) 20 in the first instance,
b) in the appeal proceedings, fifteen
to the competent immigration authority within 20 days, which may be extended once for a further
20 days in proceedings at first instance and once for a further 15 days in proceedings at second
instance. This period shall not be counted as part of the time limit for taking action.
(6) The provisions of this Part shall apply to the renewal and revocation of authorisations under
paragraph 1(a), except that
a) the temporary residence permit, the extension and withdrawal of the temporary residence
card,
b) for the immigration permit, the permanent residence permit and the national permanent
residence permit for the withdrawal of the national residence card,
c) the EC residence permit is subject to the rules governing the
withdrawal of an EU residence card.
42. General conditions for acquiring the right of permanent residence
75. §
(1) Temporary residence cards, national residence cards or EU residence cards can be issued to
third-country nationals,
a) who have a secure place of residence and livelihood in Hungary,
b) who is insured for the full range of health care or who can meet the cost of health care in
the absence of such coverage, and
c) against whom there are no grounds for disqualification under this Act.
(2) A third-country national cannot obtain a temporary residence card, national residence card or
EU residence card,
a) whose settlement threatens the public security or national security of Hungary,
b) who is subject to expulsion, a ban on entry and stay or an SIS alert, or
43
c) who has provided false information or false facts in order to obtain the card or otherwise
misled the competent authority.
43. Residence of a child of a long-term resident
76. §
If a third-country national who has the right of permanent residence has a child born to a third-
country national in Hungary, after the birth has been notified, the child must be
a) a temporary residence card for a parent with a temporary residence card, or
b) a national residence card for a parent holding an immigration permit, permanent residence
permit, national permanent residence permit, EC permanent residence permit, national
residence card or EU residence card
be issued.
X. Chapter
The temporary residence card
44. Issuing a temporary residence card
77. §
A temporary residence card is a derivative right of residence linked to an EU residence permit

issued by another EU Member State certifying long-term resident status.
78. §
(1) A third-country national holding an EU long-term residence permit issued by a Member State
of the European Union on the basis of Council Directive 2003/109/EC is granted a temporary
residence card if.
a) - except in the case of seasonal employment, for the purpose of carrying out an employment
or business activity,
b) to pursue studies or vocational training, or
c) for other verified purposes
wishes to reside in Hungary and meets the additional conditions set out in the legislation.
(2) A third-country family member who applies for a temporary residence card with a third-
country national and a family member of a third-country national who holds a temporary
residence permit or a temporary residence card will be granted a temporary residence card if the
family relationship has already existed in the Member State that issued the EU residence permit
certifying long-term resident status and fulfils the additional conditions laid down by law.
79. §
(1) The validity of the temporary residence card is limited to five years, with the possibility of an
occasional extension of up to five years. An application for the extension of a temporary residence
card
44
an application may not be refused on grounds of public health if the illness occurred after the
temporary residence card was issued.
(2) The validity of the temporary residence card of a third-country family member applying for a
temporary residence card with a third-country national and of a family member of a third-country
national holding a temporary residence permit or a temporary residence card shall be the same as
the validity of the temporary residence permit or temporary residence card of the third-country
national.
45. Withdrawal of the temporary residence card
80. §
(1) The temporary residence card may be withdrawn if the third-country national
a) your housing and livelihood are no longer guaranteed in Hungary, or
b) you are not insured for the full range of health care and cannot otherwise meet the costs of
your health care.
(2) The temporary residence card must be withdrawn if.

a) the third-country national has been expelled or refused entry and residence, or
b) the third-country national is a threat to public security or national security in Hungary.
(3) A temporary residence card issued to a family member of a third-country national in respect of
a third-country n a t i o n a l shall be withdrawn if
a) the third-country national's temporary residence permit or temporary residence card has
been withdrawn, or
b) the family relationship has ended, unless, following the death of the third-country national,
the family member
ba) your residence and livelihood in Hungary are secure, and
bb) you are insured for the full range of health care benefits or can meet the costs of your
health care even if you are not insured.
46. Information flows between EU Member States
81. §
(1) The aliens' registration authority shall notify the Member State of the European Union which
issued the EU long-term residence permit to the third-country national of the issue or withdrawal
of the temporary residence card, stating the reason for the withdrawal.
(2) If a third-country national holding an EU long-term residence permit has been recognised as a
refugee or granted subsidiary protection by a Member State of the European Union, the aliens'
registration authority shall, before issuing the temporary residence card, contact the Member
State which issued the EU residence permit, indicating the third-country national's natural
identity, in order to verify whether the refugee status or subsidiary protection is still valid.
45
(3) If a third-country national holding an EU long-term residence permit is recognised as a refugee
or granted subsidiary protection by a Hungarian asylum authority or court before the temporary
residence card is issued, the aliens' registration authority will contact the Member State issuing
the EU residence permit, indicating the natural identity of the third-country national, in order to
amend the "Remarks" section of the EU residence permit document.
XI. Chapter
National residence card and EU residence card
47. Deadline for taking action
82. §
Applications for national residence cards and EU residence cards

a) seventy for the authority of first instance,
b) the appeal authority will decide within thirty days.
48. Eligibility for a national residence card
83. §
(1) For the purpose of permanent residence in Hungary, a national residence card may be issued
to a third-country national who holds a residence permit, temporary settlement permit or
temporary residence card, with the exception of paragraph (4), and who
a) have resided legally and uninterruptedly in Hungary for at least three years immediately
prior to the submission of the application,
b) has been living as a dependent parent in a cohabiting family for at least one year
immediately prior to the submission of the application with a Hungarian citizen or a third-
country national with long-term residence status or recognised as a refugee,
c) the spouse of a Hungarian citizen, a third-country national with long-term residence status
or a third-country national recognised as a refugee, provided that the marriage was
contracted at least two years before the application was submitted,
d) was a Hungarian citizen but has lost his/her citizenship, or his/her ascendant is a Hungarian
citizen or was a Hungarian citizen, or
e) minor children of third-country nationals who are long-term residents or refugees.
(2) A third-country national may be issued a national residence card for the purpose of
permanent residence in Hungary, even if the conditions set out in paragraph (1) are fulfilled, only
if
a) their long-term stay is in Hungary's interests, and
b) meets the social coexistence conditions laid down by law.
(3) A third-country national who is recognised as a refugee by the asylum authority may apply for
a national residence card without a residence visa or residence permit.
(4) A third-country national with a criminal record and who has not been exempted from any
criminal record cannot be issued with a national residence card.
46
(5) A third-country national cannot be issued with a national residence card if.
a) a residence permit for self-employed visitors,
b) a residence permit for seasonal work,
c) a residence permit issued for the purpose of work on an investment project,
d) a residence permit for employment purposes,
e) with a residence permit for foreign workers,
f) a residence permit for study purposes (including to look for a job and start a business),
g) a residence permit for training purposes,
h) a temporary residence permit,
i) a residence permit for medical treatment,
j) White Card,
k) a residence permit for the purpose of posting,
l) a residence permit for the purpose of a traineeship,
m) holds a residence permit for the purpose of carrying out
voluntary activities.
(6) If an application for a national residence card is rejected on the basis of paragraph 2, the court
shall not have the right to overturn the decision in an administrative appeal against the authority's
final decision to reject the application.
49. Calculation of your stay in Hungary
84. §
(1) Leaving the territory of Hungary for less than four months at a time is not considered a break
in residence in Hungary if the total duration of the foreign residence does not exceed two hundred
and seventy days in the three years preceding the submission of the application.
(2) The aliens' registration authority may also authorise the long-term stay of a third-country
national in the event of a longer interruption of his/her stay in the territory of Hungary than that
specified in paragraph (1), if the interruption of the stay is due to justifiable reasons, in particular
due to medical treatment abroad or a posting abroad in connection with the third-country
national's work.
(3) The period of residence required to obtain a national residence card does not include
a) time spent in Hungary on the basis of residence permits issued to members of diplomatic
missions and c o n s u l a r posts in Hungary, members of international organisations and
their branches, premises and offices in Hungary, as well as members of organisations with
privileges and immunities under the law and members of their families,
b) time spent in Hungary as a White Card holder.
50. National residence card issued in the national interest
85. §
(1) In cases of national interest, a third-country national may be granted a national residence card
on the basis of a decision by the Minister responsible for immigration and asylum even if the
conditions set out in this Chapter are not met.
47
(2) The Minister of Aliens and Refugees may take into account Hungary's economic, national
political, scientific, cultural and sporting interests when issuing a national residence card in the
national interest.
(3) The Minister for Aliens and Refugees decides on the existence of a national policy interest with
the involvement of the specialised authority specified in the Government decree.
(4) The Minister responsible for Aliens and Refugees shall seek the opinion of a body designated
by a government decision on the existence of economic, scientific, cultural and sporting interests
of Hungary. The opinion of the body shall not be binding on the Minister responsible for Aliens and
Refugees.
(5) There is no right of appeal against a decision of the Minister responsible for immigration and
asylum concerning a national residence card issued in the national interest.
51. Withdrawal of the national residence card
86. §
(1) The national residence card may be revoked by the aliens' registration authority if.
a) the conditions on the basis of which the authorisation was granted have changed so
significantly that this would preclude the issue of the authorisation or card, provided that
five years have not yet elapsed since the authorisation or card was issued,
b) in the case of a permit or card issued in respect of a family relationship, the marriage has not
ended within three years of receipt of the permit or card due to the death of the spouse, or
the third-country national's parental custody has ended, unless the third-country national
has been residing in Hungary for four years as a long-term resident or immigrant, or
c) the third-country national has left the territory of Hungary for more than six months.
(2) The immigration authority shall withdraw the permit or card if.
a) the third-country national has provided the aliens' authorities with false information or false
facts in order to obtain the permit or card,
b) in the case of a minor third-country national, the aliens' registration authority has revoked
the residence permit of the third-country national parent exercising parental authority over
the minor, and the conditions for the minor's continued residence in Hungary are not
ensured by the other parent exercising parental authority,
c) in the case of a permit or card issued to a third-country national on the grounds of a family
relationship, the spouse of a Hungarian citizen has left the territory of Hungary with the
intention of settling abroad, or the third-country spouse has ceased to reside legally in
Hungary,
d) the third-country national has been expelled or is subject to an entry and residence ban,
e) the third-country national requests the withdrawal of the permit or card, or
f) the third-country national is a threat to public security or national security in Hungary.
52. Eligibility for an EU residence card
48
87. §
(1) An EU residence card for permanent residence in Hungary is issued to third-country nationals
who
a) has resided legally and continuously in Hungary for at least five years immediately prior to
the submission of the application, or
b) have an EU Blue Card, and
ba) has been legally and continuously resident in Hungary for at least two years immediately
prior to the submission of the application, and
bb) have resided legally and uninterruptedly in the territory of the Member States of the
European Union for at least five years on the basis of an EU Blue Card, a residence
permit for research or study purposes.
(2) You cannot get an EU residence card

a) third-country nationals residing in Hungary for the purpose of pursuing higher education or
vocational training,
b) a third-country national staying in Hungary for the purpose of seasonal employment or as a
volunteer,
c) a third-country national residing in Hungary on the basis of diplomatic or other personal
immunity,
d) a third-country national who has applied for refugee status from the Hungarian asylum
authority or has requested temporary or subsidiary protection from the asylum authority,
pending the final decision on his/her application,
e) for those admitted,
f) a third-country national who has been recognised as a refugee or granted subsidiary
protection by an asylum authority, a court or a Member State of the European Union on the
basis of that status, if he or she no longer has refugee status or subsidiary protection, and
g) a third-country national granted temporary protection.
(3) If the third-country national holds a long-term residence permit issued in another Member
State of the European Union, the aliens' registration authority will notify the Member State
concerned of the issue of the EU residence card.
53. Calculation of your stay in Hungary
88. §
(1) The period of previous legal residence of a third-country national for the purpose of seasonal
work, as a volunteer, on the basis of diplomatic or other personal exemptions does not count
towards the period of eligibility for an EU residence card.
(2) Except in the case of residence with an EU Blue Card, half of the period of previous legal
residence for higher education or vocational training purposes shall count towards the period of
entitlement to an EU residence card, and half of the period of previous residence for higher
education or vocational training purposes in the territory of the Member States shall count
towards the period of residence with an EU Blue Card.
(3) The period during which the third-country national has resided in Hungary as a recognised
refugee or as a person enjoying temporary or subsidiary protection
49
in the territory of the EU is included in the period required to qualify for an EU residence card.
(4) Half of the period between the date of submission of the asylum application and the date of
issue of the document certifying the refugee status or subsidiary protection of the third-country
national who has been recognised as a refugee or granted subsidiary protection is counted
towards the period of eligibility for the EU residence card. If this period exceeds eighteen months,
the entire period shall be counted towards the period required to qualify for the EU residence
card.
(5) Interruption of residence in Hungary is not considered as a break in the period of entitlement
to the EU residence card
a) in the case of an EU Blue Card stay outside the country, to leave the country for less than six
months at a time, provided that the total duration of the stays abroad does not exceed 300
days over a period of five years, or
b) in the case of an EU Blue Card stay, leaving the territory of the Member States of the
European Union for less than twelve months at a time, provided that the total duration of
the stays abroad does not exceed eighteen months over a period of five years.
54. Withdrawal of the EU residence card
89. §
(1) The immigration authority will revoke the EU residence card if.
a) the third-country national has left the territory of the Member States of the European Union
for more than twelve months,
b) the third-country national acquires long-term resident status in another EU Member State,
c) the third-country national has not resided in Hungary for more than six years,
d) the third-country national has provided the aliens' authorities with false information or false
facts in order to obtain the permit or card,
e) the third-country national has been expelled or refused entry and residence, or
f) by way of derogation from point (a), the third-country national has obtained an EC
residence permit or an EU residence card as an EU Blue Card holder or as a member of
his/her family and has left the territory of the Member States of the European Union for
a period of more than twenty-four consecutive months.
(2) The aliens' registration authority may withdraw the EC settlement permit or the EU residence
card if the third-country national no longer has refugee status or subsidiary protection.
(3) In the case of a third-country national whose EC residence permit or EU residence card has
been withdrawn by the aliens' registration authority on the basis of paragraph 1(a) to (c), if
he/she applies for an EU residence card again, the period of entitlement shall be deemed to be
an existing period.
(4) The procedure for the extension of a permanent residence permit, national permanent
residence permit, national residence card or immigration permit or for the issue of an official
certificate shall be carried out by the aliens' registration authority in accordance with the procedure
laid down in the
50
residence card or immigration permit pending the final and enforceable conclusion of the
procedure for the review of the residence card or immigration permit.
PART FIFTH
Statelessness
90. §
(1) If the stateless person establishes or proves that he or she is likely to be so recognised, he or
she may be recognised as a stateless person as defined in Chapter XXXIII.
(2) A person who is covered by Article 1(2) of the Convention relating to the Status of Stateless
Persons, done at the United Nations in New York on 28 September 1954, promulgated by Law II of
2002, shall not be recognised as a stateless person.
91. §
Stateless persons shall be subject to the provisions of this Act applicable to third-country nationals.
PART SIX
Law enforcement rules
55. Interpretative provisions
92. §
For the purposes of

this Part
a) Dublin Regulations: Regulation (EU) No 604/2013 of the European Parliament and of the
Council and Commission Implementing Regulation (EU) No 118/2014;
b) person with special needs: unaccompanied minors or vulnerable persons, in particular
minors, elderly persons, disabled persons, pregnant women, single parents of minor
children, and persons who have been subjected to torture, rape or other serious forms of
psychological, physical or sexual violence, who, following an individual assessment of their
situation, are identified as having special needs;
c) detention facility: a facility specifically designed to accommodate an alien whose personal
liberty is restricted and which is used for the purpose of detention under aliens'
proceedings;
d) Schengen State: the Protocol integrating the Schengen acquis into the framework of the
European Union annexed to the Treaty on European Union and to the Treaties establishing
the European Communities and the European Atomic Energy Community (hereinafter
referred to as the Schengen Protocol) 1. and other States which apply in full the Schengen
acquis as defined in Article 1 of the Protocol integrating the Schengen acquis into the
framework of the European Union, as well as any additional measures taken by the
institutions of the European Union in the area covered by that acquis, as well as in Council
Decision 1999/435/EC, and other States which are parties to the Agreement concluded by
the Council of the European Union with the Council of the European Union, based on Article
6 of the Schengen Protocol, concerning the association of the European Union with the
implementation, application and development of the Schengen acquis;
e) SIS warning signal:
(ea) an SIS alert for expulsion issued by a Schengen State in the Schengen Information
51
System in respect of third-country nationals who are the subject of an expulsion order,
to warn them of the obligation to return
52
a data group to monitor and support the implementation of expulsion decisions, and
(eb) an SIS alert for refusal of entry and stay, which is a set of data entered by a Schengen
State in the Schengen Information System for the purpose of refusing a third-country
national entry into or stay on the territory of the Schengen States;
f) Visa Code: Regulation (EC) No 810/2009 of the European Parliament and of the Council.
56. Immigration control
93. §
(1) The aliens policing authority can check compliance with the rules on aliens policing laid down
by law.
(2) Third-country nationals shall present and surrender their travel document, residence permit
or other identity document upon request.
(3) The aliens' police authority shall seize any travel document found in the possession of a third-
country national, issued to another person and illegally held, and, if no criminal proceedings are
instituted, forward it to the Hungarian diplomatic mission or consular post of the issuing State, or
failing that, to the issuing State through the Minister responsible for foreign policy.
(4) A third-country national who cannot provide credible proof of the lawfulness of his/her stay in
Hungary or of his/her identity, or who violates the rules on aliens, must be brought before the
aliens police.
(5) Personal data generated by the storage element of the residence permit containing biometric
data by recording a physical characteristic (facial image, fingerprint) of the third-country national
for the purpose of identification of the third-country national may be processed by the aliens'
registration authority by reading the personal data from the storage element for the purposes set
out in Article 1(4) of Council Regulation (EC) No 380/2008.
(6) The fingerprint data recorded for the purpose set out in paragraph 5 may be processed by the
aliens' registration authority only for the purpose of establishing the facts referred to in Article 1(4)
of Council Regulation (EC) No 380/2008 until its completion, after which it shall be deleted without
delay.
(7) If, during the period of detention, the third-country national's residence status or identity
cannot be established, the third-country national shall be subject to a detention order for a
maximum period of twelve hours, against which a complaint may be lodged.
(8) If the exceptionally large number of third-country nationals in detention places a heavy burden
on the capacity of the aliens policing authority, the detention measure provided for in paragraph 7
may be ordered by the aliens policing authority for a maximum period of twenty-four hours,
against which an appeal may be lodged.
(9) If the third-country national intends to lodge an application for international protection with
the aliens' authorities during the period of detention or arrest, the
53
declares that, in addition to the period of arrest or detention, the aliens' police authority may
apply a detention measure to the third-country national for a maximum period of twelve hours
pending action by the asylum authority. The detention may be appealed against.
XII. Chapter 2
Entry and exit
57. Admission of a third-country national student or researcher on mobility
94. §
(1) A third-country national who is a mobile student or researcher is entitled to enter Hungary if
he or she has.
a) a valid travel document,
b) a residence permit issued by the first Member State, and
c) a copy of the notification for the issue of a student mobility or short-term mobility certificate
for researchers or, failing this, proof that the student is pursuing part of his/her studies
under an EU or multilateral programme involving mobility measures or an agreement
between two or more higher education institutions, or, in the case of a researcher, a copy of
the hosting agreement or a letter from the research organisation, including at least the
duration of the mobility and the address of the research organisation, or the student
mobility or short-term mobility certificate for researchers.
(2) Entry shall be refused if the third-country national

a) do not have a valid travel document,
b) does not have the document referred to in paragraph 1(c),
c) is subject to an entry and residence ban, or
d) It is subject to an SIS alert.
(3) A family member of a researcher on short-term mobility is entitled to enter Hungary if they
have
a) a valid travel document,
b) a residence permit issued by the first Member State certifying their family status, and
c) a short term researcher mobility certificate or a copy of t h e short term researcher mobility
notification.
58. Refusal of entry
95. §
(1) The border control authority shall refuse entry at the state border to a third-country national
who intends to enter for an intended stay of less than ninety days, on the basis of the provisions of
the Schengen Borders Code, and, taking into account his/her interests, shall direct him/her back to
a) to the territory of the country from which it came,
b) the territory of the country that is obliged to readmit the third-country national,
c) the territory of the country where the third-country national is habitually resident,
54
d) to any other state to which the third-country national may travel.
(2) If entry has b e e n refused because the third-country national is subject to an entry and
residence ban, the visa issued under this Act shall be invalid.
(3) There is no right of appeal against a refusal of entry.
59. The redirection
96. §
(1) In order to ensure the enforcement of the removal, the third-country national must.
a) stay on the outward or return journey for up to eight hours,
b) to stay for a maximum of seventy-two hours in the border area or, if arriving by air, for a
maximum of eight days in a specific place at the airport, and
c) transfer to another departing flight of the returning carrier.
(2) If the removal cannot be carried out within the period specified in paragraph 1(b), the third-
country national shall be expelled.
(3) The fact that a third-country national has used a forged, falsified or genuine public document
in order to enter the territory of the country in order to enter the country shall not be an obstacle
to the return or expulsion provided for in paragraph 2. In such a case, criminal proceedings shall
be initiated only if no return or expulsion order pursuant to paragraph 2 is issued.
XIII. Chapter
Cases, obstacles and orders to expulsion
60. Cases of expulsion
97. §
(1) A third-country national shall be expelled from the territory of Hungary, the other Member
States of the European Union and the other Schengen States by the aliens' police authorities in the
cases specified in this Act (expulsion by the aliens' police).
(2) The aliens policing authority shall have

a) expulsion ordered by a court in a criminal case,
b) expulsion ordered by the asylum authority under the Asylum Act, or
c) - in the case provided for by this Act - expulsion ordered by the authorities of another
Member State of the European Union or another Schengen State
on the implementation of.
(3) The expelled person must leave the territory of Hungary, the other Member States of the
European Union and the other Schengen States, as specified in the expulsion decision.
61. The expulsion of aliens
98. §
55
(1) A third-country national may be expelled by the aliens' police
a) who has illegally crossed or attempted to cross the border of Hungary,
b) who does not fulfil the conditions of residence laid down in this Act, or if the third-country
national's residence in Hungary no longer has a legal basis,
c) who has worked without the required work permit or without the permit provided for in
this Act,
d) whose entry and stay would be prejudicial to or endanger national security, public safety or
public order, or
e) whose entry and stay is harmful or dangerous to public health.
(2) In the case of a reason as referred to in paragraph (1)(d), the law enforcement agency specified
in the Government Decree may also initiate the order of expulsion of a third-country national for
the purpose of performing its duties in relation to the protection of interests defined by law,
within the scope of its own functions, and in the course of which it shall propose the duration of
the prohibition on entry and residence. The Aliens Police Authority may not deviate from the
proposal.
(3) In the case of termination of the right of residence of a third-country national in Hungary, the
expulsion shall be provided for in the decision rejecting the application for a residence permit or
revoking the document entitling the third-country national to stay. The third-country national may
appeal against the expulsion in the course of the appeal against the decision rejecting the
application for a residence permit or revoking the residence document.
(4) If
a) a residence permit for seasonal work,
b) a residence permit issued for the purpose of carrying out the project,
c) a residence permit for employment purposes,
d) a residence permit for foreign workers, or
e) the National Card
becomes invalid by virtue of this Act, the expulsion shall be ordered pursuant to paragraph (1)(b)
with regard to the guest worker's declaration under section 33(3). When taking the decision, the
immigration authority shall not summon the guest worker. The decision shall be notified by means
of a notice published on the website of the aliens' registration authority or, if the guest worker has
an authorised representative, the decision shall be notified to him or her. The decision shall be
deemed to have been notified on the date of publication.
62. Enforcement of expulsion ordered by another authority
99. §
(1) The immigration authority issues an order to enforce the expulsion ordered by the court.
(2) No expulsion shall be ordered against a third-country national who has been expelled by a final
and enforceable decision of an authority of another Member State of the European Union or of
another Schengen State and who has provided the immigration authority with the data necessary
to order the expulsion. This expulsion decision shall be enforced by the aliens' registration
authority by means of an order, in accordance with the terms of the order.
(3) An enforcement challenge may be brought against an order under paragraphs 1 and 2.
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100. §
(1) In order to enforce the sentence of expulsion, the court notifies the aliens' authority of the
final judgment, or the penitentiary institution of the expected release without delay.
(2) The immigration authority shall order the expulsion on the basis of the notification provided
for in paragraph 1.
(3) Upon receipt of the notification of the penitentiary institution referred to in paragraph (1), the
aliens' authority may take measures to establish the identity of the third-country national and
organise the enforcement of his or her expulsion before issuing the order referred to in paragraph
(1) of Article 99.
63. The expulsion decision
101. §
(1) The expulsion order must contain the following information

a) the assessment criteria, if any, to be applied when taking the expulsion decision,
b) the duration of the entry and residence ban,
c) the name of the State to which the expulsion will be enforced,
d) the time limit for voluntary departure from the territory of the Member States of the
European Union and Schengen States, in the case of Hungary as defined in this Act,
e) the obligation to tolerate the taking of a facial image and the recording of fingerprints, and
f) in the case of expulsion by voluntary departure, a warning that if the third-country national
does not comply voluntarily with the expulsion order, the aliens' removal authority will expel
him/her.
(2) There is no right of appeal against the expulsion decision, which can be challenged in an
administrative court within eight days. The court shall decide on the application within fifteen
days of the date on which the application is received by the court. If the claimant is in detention in
an aliens' police custody, the court shall, on the day of the hearing, provide the parties and
interested persons present at the hearing with a copy of the written operative part of the
judgment and shall also communicate it electronically to the aliens' police authority. Within three
working days, the court shall record the judgment in writing and shall communicate it
electronically to the aliens policing authority. No further appeal shall lie against the decision of the
court. If the application becomes admissible on the merits only on the basis of an order of the
court, the starting date of the time limit shall be calculated from that date.
(3) By way of derogation from paragraph (2), no hearing may be requested in administrative
proceedings brought against a decision ordering expulsion pursuant to paragraph (4) of Article 98.
The court shall give a decision on the application within eight days of the date on which the
application is received by the court, without a hearing, and shall notify the parties to the
proceedings of its decision within three days.
XIV. Chapter
Obstacles to expulsion and refoulement
64. Prohibition of refoulement and expulsion orders and enforcement
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102. §
(1) The return or expulsion may not be ordered or carried out in the territory of a country which is
not considered a safe country of origin or a safe third country for the person concerned, in
particular where the third-country national would be in danger of persecution on account of his or
her race, religion, nationality, membership of a particular social group or political opinion, or in the
territory of a State or at the border of a territory where there are serious grounds for fearing that
the third-country national being returned or expelled would be in danger of being persecuted for
reasons contrary to Article XIV of the Fundamental Law. (non-refoulement).
(2) If the third-country national is under asylum procedure, the return or expulsion cannot be
ordered or carried out if the third-country national is entitled to reside in Hungary as defined by
law.
(3) A third-country national is subject to an asylum procedure for the period defined in the
Asylum Act.
103. §
(1) The immigration authority is obliged to examine the requirement of non-refoulement in its
procedures for ordering and enforcing refoulement or expulsion.
(2) The prohibition of the enforcement of a court-ordered expulsion is established by the prison
judge on the basis of the asylum authority's opinion in accordance with the law.
(3) In the case provided for in paragraph 2, the deportee may apply directly to the enforcement
judge once in connection with the enforcement of the same sentence in order to establish the
obstacle to deportation. If the expellee submits an application addressed to the enforcement
judge to the aliens' registration authority, it shall be sent without delay to the enforcement judge
via the public prosecutor's office competent for the place where the aliens' registration authority
is located, together with the opinion of the aliens' registration authority.
(4) The procedure of the prison judge has a suspensive effect on the enforcement of the expulsion.
(5) If the judge of the penitentiary has found that the expulsion is no longer enforceable in view
of the non-refoulement requirement, and the asylum authority has issued an opinion under a
special law that the non-refoulement clause no longer applies in respect of the country concerned,
or the country of expulsion is changed, the competent aliens' authority shall initiate a review of
the non-refoulement via the prosecutor's office competent for the place of its seat.
104. §
If there is no safe country that will accept the third-country national concerned, the asylum
authority shall recognise the third-country national as a person who has been accepted in the
event of non-refoulement or non-refoulement and shall take measures to issue a humanitarian
residence permit on the basis of Section 70(1)(b).
65. Obstacles to the expulsion order
105. §
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If the renewal or issuance of a residence permit or other authorisation entitling to stay of a third-
country national staying illegally on the territory of Hungary is pending, the aliens' registration
authority may refrain from ordering expulsion until the procedure has been finally completed,
unless the third-country national reapplies for a residence permit after his/her previous
application has been rejected by the aliens' registration authority.
106. §
(1) Before issuing a decision ordering the expulsion of a third-country national who is permanently
staying in Hungary and who has a family member under this Act, the aliens' registration authority
shall consider the following aspects:
a) the age of the third-country national, his/her family circumstances and the possible
consequences of his/her expulsion for his/her family members residing in Hungary;
b) the third-country national's ties to Hungary or lack of ties to his/her country of origin.
(2) A third-country national who

a) resides in Hungary with a permanent right of residence, or
b) wire residence with a residence permit holders third from is in
a marital or family relationship with a national of a third country who is a beneficiary of the
right of residence and holds a residence permit,
may only be e x p e l l e d , after consideration of the criteria set out in paragraph 1, if his or her
continued presence would seriously threaten national security, public safety or public order.
(3) Pending the final determination of his/her application, the criteria for consideration under
paragraph 1 shall also apply to the immediate family member, as defined by law, of a third-
country national who has been recognised as a refugee or granted temporary or subsidiary
protection and who has applied to the asylum authority for recognition as a refugee.
107. §
A third-country national holding a residence permit issued by a Member State of the European
Union and another Schengen State may be expelled from its territory only if
a) fromimmigration authority in writing notice despite Hungary has not
left the territory of the Member State without undue delay, or
b) your presence on the territory of Hungary is a threat to national security, public safety or
public order.
108. §
(1) A third-country national who is a victim of trafficking in human beings can be expelled during
the reflection period granted to him/her only if his/her stay on the territory of Hungary endangers
national security, public safety or public order.
(2) A third-country national under the age of eighteen who entered Hungary unaccompanied by
an adult responsible for his/her supervision by law or custom or who remains unaccompanied
after entry until he/she is placed under the supervision of such a person (unaccompanied minor)
may be expelled only if family reunification or state or other institutional care is adequately
provided in his/her State of origin or other host State.
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109. §
(1) An expulsion order may not be issued for an offence for which the court hearing the case has
not ordered the expulsion of the third-country national as a penalty.
(2) A third-country national cannot be expelled for the same offence on the same legal and factual
basis if he or she is subject to a previously ordered expulsion order but has not yet been enforced.
In such a case, immediate action shall be taken to enforce the previously ordered expulsion.
(3) By way of derogation from Section 98 (1) a), the aliens police authority shall not expel a third-
country national who is unlawfully staying and who has lodged an application for asylum pursuant
to Section 71/A (1) b) or Chapter IX/A of Act LXXX of 2007 on Asylum.
(4) The aliens police authority shall not expel a third-country national staying illegally who is being
readmitted on the basis of a bilateral readmission agreement or other agreement concluded
before 13 January 2009 by the European Union or another Member State of the Schengen area.
The return decision is taken by the aliens' registration authority by means of an order against
which an enforcement challenge may be lodged. The rules on expulsion shall apply to the
enforcement of the return.
XV. Chapter
Compliance with expulsion
66. Ways to comply with the expulsion
110. §
The expulsion can be carried out

a) by the departure of the expelled volunteer, or
b) by enforcing removal under escort (hereinafter 'removal').
67. The departure of the expelled volunteer
111. §
(1) If a third-country national undertakes to leave the territory of the Member States of the
European Union and other Schengen States voluntarily, unless an exception is provided for in this
Act, the aliens' police authority shall set a time limit for voluntary departure in the expulsion
decision or in the order enforcing the expulsion (hereinafter together referred to as the expulsion
decision).
(2) If the return decision of the immigration authority provides for the removal to be carried out
by removal, it does not set a deadline for voluntary departure.
(3) The time limit for voluntary departure shall be set at a minimum of the seventh day and at a
maximum of the thirtieth day after the expulsion decision becomes final. The time limit fixed in the
expulsion decision shall not preclude the possibility of the person concerned complying with the
expulsion decision earlier.
(4) If the personal circumstances of the expellee, in particular the fact that he or she has been
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a long period of residence prior to departure, which makes the time needed to prepare for
departure longer than usual, or family and social ties, justify it, the aliens' authorities may, upon
request or of their own motion, extend the period for voluntary departure by up to 30 days. If the
expelled third-country national is a child under parental authority, a pupil and is studying at a
public education establishment or a vocational training establishment, the aliens' authorities may,
upon request or ex officio, extend the period for voluntary departure until the end of the current
academic term at the latest. An enforcement challenge may be lodged against an order extending
the period for voluntary departure.
(5) No time limit for voluntary departure need be set, or the aliens' authority may set a time limit
for voluntary departure earlier than seven days from the date of notification of the removal
decision, if the third-country national
a) the reason for the termination of the right of residence is that the third-country national is
subject to expulsion, a ban on entry and residence or an SIS alert,
b) his/her application for the issue or renewal of a residence permit has been rejected or
his/her residence permit has been withdrawn because he/she has provided false
information or false facts to the determining authority in order to obtain the right of
residence, or has misled the determining authority as to the purpose of residence, or has
established a family relationship in order to obtain a residence permit for the purpose of
family reunification,
c) expressly refuses to leave voluntarily or for other good reason is not likely to comply with
the expulsion decision, or
d) their presence in Hungary is a threat to national security, public policy or public security.
(6) In applying the provisions of paragraphs 4 and 5, the specific needs of persons with special
needs arising from their situation shall be taken into account.
112. §
By setting a deadline for voluntary departure, the aliens' authority will immediately arrange for
the SIS alert on expulsion to be entered in the alert system. The fact that the deadline for
departure has been extended shall be recorded in the SIS alert for expulsion. The SIS alert for
expulsion shall also record the fact that the execution of the expulsion has been suspended.
68. Deportation
113. §
(1) A return or expulsion decision by a judicial, immigration or asylum authority, or an expulsion

order by a Member State of the European Union or another Schengen State, shall be enforced by
means of removal if the third-country national
a) exit checks are necessary for the fulfilment of an obligation arising from an international
treaty or for the protection of national security, public security or public policy, or
b) you have not fulfilled your obligation to leave by the deadline set in the expulsion decision.
(2) Restrictions on personal liberty in the event of removal are based on the decision of the
removal authority.
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(3) Removal must be provided for in the decision ordering expulsion or in the order enforcing the
expulsion, otherwise it must be ordered by a separate decision or order. Following an expulsion
ordered by a Member State of the European Union or another Schengen State and following an
expulsion ordered by an asylum authority, in the case referred to in paragraph 1(b), the aliens'
registration authority shall order expulsion by means of a separate decision.
(4) The third-country national may lodge an enforcement challenge against the individual decision
or order of removal.
(5) The decision or order to expel shall be amended by the aliens' registration authority, ex officio,
with regard to the method of enforcement of the expulsion, if this is justified by changes that have
occurred during the enforcement of the expulsion, in particular the behaviour of the third-country
national or other facts affecting the method of enforcement of the expulsion. No appeal shall lie
against the amending decision or order.
(6) If the immigration authority changes the country of expulsion in its decision because of
conduct attributable to the client, in particular if the client communicates false facts to the
authority concerning the third-country national's nationality or if the decision or order is justified
by other facts affecting the country of expulsion, an enforcement challenge may be lodged against
the decision or order.
(7) The immigration authority may assist in the enforcement of expulsion orders issued by a State
bound to apply the provisions of Council Directive 2003/110/EC.
(8) The removal must be terminated if

a) the deportee's entry to the country of destination has been denied,
b) it cannot be carried out because of the condition of the deportee requiring urgent medical
intervention,
c) the requested State has not consented or has withdrawn its consent to the transfer by air in
the case of enforcement of removal on the territory of another State (hereinafter referred
to as the "requested State"), as defined by law,
d) the deportee entered the territory of the Requested State without authorisation during the
transit.
(9) The prosecutor shall supervise the execution of the removal in accordance with the rules
applicable to him/her, in the framework of which he/she shall carry out the task referred to in
Article 50(3) of Regulation (EU) 2019/1896 of the European Parliament and of the Council.
(10) The provisions of this § shall apply to persons requiring special treatment, taking into account
their special needs arising from their situation.
114. §
The expulsion of a third-country national is not prevented by the existence of criminal proceedings
or infringement proceedings. Removal may be ordered unless the judge in criminal proceedings
or, prior to the charge, the prosecutor, has been informed that
a) the criminal proceedings cannot be continued in the absence of the third-country national
who has been expelled,
b) a travel restriction has been imposed on the third-country national debtor, or
c) if the third-country national defendant is subject to a coercive measure restricting personal
liberty ordered in criminal proceedings.
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69. How the expulsion is carried out
115. §
(1) Expulsion must be carried out primarily on the basis of the provisions of the international
treaty on the readmission of persons across borders, transit under escort or transit authorization
(readmission convention).
(2) In order to ensure the expulsion and the enforcement of the return, the aliens' travel
document may be confiscated by the aliens' authorities, against which no specific appeal shall lie.
(3) The enforcement of the expulsion may be suspended until the conditions for expulsion are
met, in particular until the travel document, visa or ticket is obtained. There is no right of appeal
against the suspension order.
(4) The aliens' authority shall suspend the enforcement of a removal order issued before the
submission of an application for international protection until the conclusion of the asylum
procedure conducted on the basis of the law, if the third-country national is entitled to stay in
Hungary as defined by law. There is no right of appeal against the suspension order.
(5) The fact that a third-country national has used a false, forged or falsified document or a public
document in his or her name to enter the territory of the country is not an obstacle to the
enforcement of an expulsion order. In such a case, criminal proceedings shall be initiated only if
the expulsion is not ordered.
116. §
(1) If the third-country national holds an EU long-term residence permit, the aliens' registration
authority will, before taking a decision to expel him/her, contact the Member State which issued
the EU long-term residence permit, using the identification data stored in the central aliens'
registration database, in order to check whether the refugee status or subsidiary protection still
applies. If the refugee status or subsidiary protection is maintained, the aliens' registration
authority shall expel the third-country national holding an EU long-term resident permit issued by
a Member State of the European Union or another Schengen State from the territory of Hungary
to the State in which the refugee status or subsidiary protection is maintained.
(2) If a third-country national who holds an EC settlement permit or an EU residence card and
who has been recognised as a refugee or granted subsidiary protection by a Hungarian asylum
authority or court is expelled by a Member State of the European Union or another Schengen
state and the right of asylum or subsidiary protection is maintained, the third-country national or
his/her family member who has been recognised as a refugee or granted subsidiary protection
must be readmitted to the territory of Hungary.
(3) If a third-country national or a member of his/her family who holds an EC residence permit
or an EU residence card is expelled by a Member State of the European Union or another
Schengen State, he/she must be readmitted to Hungary even if the validity of the EC residence
permit or the EU residence card has expired.
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(4) A third-country national holding a residence permit issued by a Member State of the European
Union or another Schengen State and entitled to reside on the territory of a Member State shall be
expelled by the aliens' registration authority from the territory of Hungary to the State on whose
territory his/her residence permit is valid.
(5) Third-country nationals and their family members holding an EU Blue Card or a residence
permit issued by a Member State of the European Union or another Schengen State for the
purpose of intra-corporate transfer shall be expelled to the State which issued the EU Blue Card or
intra-corporate transfer, or a residence permit for the purpose of intra-corporate transfer or
family reunification, even if the period of validity of the EU Blue Card or the residence permit for
the purpose of intra-corporate transfer or family reunification has expired during the stay in
Hungary.
(6) If a third-country national or a family member holding an EU Blue Card or an intra-corporate

transferee residence permit, or a third-country national or a family member exercising short-term
or long-term mobility for research purposes, is expelled by a Member State of the European Union
or another Schengen State, he or she shall be allowed to return to Hungary even if the period of
validity of the EU Blue Card or the intra-corporate transferee residence permit or the residence
permit issued for the purpose of research and family reunification has expired. After readmission,
the provisions of Article 226 (1), Article 230 (2) and Article 231 and Article 232 (1) shall apply to the
third-country national and his/her family member.
(7) If the aliens' registration authority waives the expulsion of a third-country national for the
reasons specified in Section 106(3) or Section 108(1) or (2) and the third-country national does not
have the legal conditions of residence, the aliens' registration authority shall issue a humanitarian
residence permit.
XVI. Chapter
Meeting the costs of expulsion and return
117. §
(1) The costs of expulsion and return to a Member State of the European Union or another
Schengen State are borne by the third-country national.
(2) In order to secure the costs referred to in paragraph 1 and to fulfil the obligation laid down in
paragraph 4, the competent immigration authority may, in particular, detain the ticket in the
possession of the third-country national or, if the financial cover cannot be provided otherwise, the
amount of money necessary to purchase the ticket and to obtain the travel document. In order to
secure the costs incurred by the third-country national as specified in Article 128(7) and Article
135(5)(e) and to fulfil the obligation, the amount of money in the possession of the third-country
national corresponding to the costs specified in Article 128(7) and Article 135(5)(e) may be frozen
by the acting aliens' registration authority if the financial resources cannot be secured in any other
way. There shall be no appeal against the order of seizure.
(3) If the obligation to leave the country cannot be fulfilled because the third-country national
does not have sufficient financial means, the competent immigration authority will advance the
cost of the removal.
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(4) The costs advanced under paragraph 3 shall be reimbursed, unless otherwise provided by law:
a) the third-country national who has been expelled or is being returned;
b) the employer, if the expulsion was ordered under Section 98 (1) c) or Section 98 (4);
c) the research organisation, if the entry took place for research purposes and the expulsion
was ordered pursuant to Section 98 (1) (b);
d) the host organisation, if the purpose of the entry was for the purpose of a traineeship and
the expulsion was ordered pursuant to point (b) of paragraph (1) of Article 98.
(5) The liability of the research organisation and the host organisation under paragraph 4 shall
continue for six months after the termination of the hosting agreement.
(6) If the researcher's right of residence is extended for the purpose of seeking employment or
starting a business, the research organisation's liability under paragraph 5 shall continue only
until the date of the start of the residence permit issued for the purpose of seeking employment
or starting a business.
XVII. Chapter
Rules of procedure under the Dublin Regulations
118. §
(1) If, in the course of an aliens' removal procedure for a third-country national, there are
indications that the Dublin Regulations apply, the aliens' removal authority shall take the initiative
to the asylum authority to continue the Dublin procedure and suspend the aliens' removal
procedure until its conclusion.
(2) No appeal shall lie against an order staying proceedings pursuant to paragraph 1.
119. §
(1) If a State applying the Dublin Regulations is obliged to take back an applicant on the basis of
the Dublin Regulations, the asylum authority shall decide by order whether to take back the third-
country national. The order is subject to administrative appeal.
(2) The statement of claim contesting the order for restitutio must be lodged within three working
days.
(3) The asylum authority sends the application to the court within three working days, together
with the case file and the defence.
(4) The court will decide on the application within eight days of the date on which the application
is received by the court. There is no right of appeal against the decision of the court terminating
the proceedings.
(5) In administrative proceedings, the filing of a statement of claim and the application for a stay
of execution of the order for transfer shall not have suspensory effect on the execution of the
order.
120. §
(1) If the Dublin procedure ends with the return of the third-country national, the aliens' police
65
procedure must be terminated at the time of return.
(2) There is no right of appeal against the order terminating the procedure.
XVIII. Chapter
The entry and residence ban
70. Legal effects, types and duration of entry and residence bans
121. §
(1) A third-country national subject to an entry and residence ban may enter Hungary only with
the specific permission of the issuing authority.
(2) The entry and residence ban may be imposed on

a) independently, or
b) related to expulsion.
(3) The duration of the entry and residence ban shall be set in years and shall be imposed for a
maximum period of five years. The entry and residence ban may be imposed for a maximum
period of ten years if the stay of the third-country national on the territory of Hungary would
seriously endanger national security, public order or public safety. The expulsion ordered by the
court is for a period of time determined by the court's decision.
71. The autonomous entry and residence ban
122. §
(1) The aliens' police authority shall impose an autonomous entry and residence ban on that
third-country national who is in an unknown place or abroad,
a) for whose entry and residence Hungary is bound by an international legal obligation,
b) whose entry and residence ban has been decided by the Council of the European Union,
c) whose entry and stay is likely to prejudice or endanger national security, public safety or
public order,
d) who has not reimbursed the costs advanced to him by the Hungarian State with an
obligation to reimburse,
e) who has not paid the on-the-spot fine or administrative fine imposed within the prescribed
time limit, or there is no possibility of enforcing it, or
f) who has not paid or is unable to pay a final customs administrative penalty under the Act on
the Enforcement of Union Customs Law.
(2) The immigration authority may impose an individual entry and residence ban on the guest
worker on the basis of paragraph 1(c) if the residence permit becomes invalid or is withdrawn.
(3) In the case of a ground referred to in paragraph 1(c), the aliens' police authority shall impose
on the third-country national an autonomous ban on entry and residence
a) acting on its own initiative, or
b) in the performance of its task of protecting an interest defined by law, its own
66
on the basis of a proposal by a law enforcement agency, which is bound by a government
decree, to bind the Aliens Police Authority in this respect, also on the duration of the ban on
entry and residence
order.
(4) The duration of an autonomous ban on entry and residence imposed pursuant to paragraph
1(a) and (b) shall be proportionate to the obligation on which it is based. For the purposes of
paragraph 1(d) to (f), the
(The duration of the autonomous ban on entry and residence ordered pursuant to paragraphs 2
and 3(a) shall be determined by the issuing aliens' registration authority and may be imposed for a
maximum period of five years, which may be extended on occasion for a further period of up to
five years. If the entry and residence ban contained in the proposal pursuant to paragraph 3(b)
provides for a period of validity of more than three years, the autonomous entry and residence
ban, together with the SIS alert, shall be reviewed within five years. The autonomous entry and
residence ban shall be lifted immediately when the reason for imposing it has ceased to exist.
(5) There is no right of appeal against an autonomous entry and residence ban. No appeal shall lie
against an autonomous ban on entry and residence imposed pursuant to paragraph 1(a) and (b)
and paragraph 2.
72. The entry and residence ban imposed with expulsion
123. §
(1) Unless otherwise provided for in this Act, a ban on entry and residence shall be imposed
together with the expulsion order if the aliens' removal order has been issued by the aliens'
removal authority.
(2) In the event of an expulsion ordered by the aliens' police or the asylum authority, the aliens'
police authority may impose a ban on entry and residence, taking into account the nature and
gravity of the offence, the personal circumstances of the third-country national, the threat to
national security, public order or public safety posed by his or her repeated entry and residence.
(3) The duration of the ban on entry and residence imposed in addition to expulsion shall be
calculated from the date of departure from the territory of the Member States of the European
Union and the Schengen States or, in the case of expulsion from the territory of Hungary, from the
date of departure from Hungary or, if this is not known, from the date of the border crossing
specified for this purpose.
124. §
(1) The immigration authority shall issue an autonomous decision imposing a ban on entry and
residence if.
a) the third-country national is expelled because he or she has not voluntarily left Hungary or
the territory of the Member States of the European Union and the other Schengen States
within the time limit for departure as set out in the expulsion decision, or
b) the expulsion decision taken by the asylum authority has been enforced by the immigration
authority by means of a removal order.
(2) The third-country national may appeal against the individual decision to ban entry and
residence. No further appeal shall lie against the decision. The appeal may be l o d g e d with the
issuing immigration authority within twenty-four hours of notification of the decision. The aliens'
67
registration authority shall file the appeal together with the case file
68
without delay to the authority competent to hear the appeal, which will decide on the appeal
within eight days.
73. Entry of the entry and residence ban in the travel document
125. §
The permanent expulsion and the duration of the ban on entry and stay must be entered in the
passport. From the date of entry
a) shall be waived if the third-country national is in possession of a valid residence permit
issued by another Member State of the European Union or another Schengen State, or
b) may be waived if the alien undertakes to leave voluntarily or if he or she complies with the
expulsion under a voluntary return programme.
74. Revocation of expulsion and entry and residence bans, reduction of their
duration
126. §
(1) The entry and residence ban may be lifted or its duration reduced by the immigration
authority, either on its own initiative or on request, if.
a) the third-country national has been subject to an entry and residence ban together with an
expulsion order with the possibility of voluntary departure and can prove that he or she has
fully complied with the expulsion order, or
b) is no longer justified in the light of a significant change in the circumstances that led to its
imposition.
(2) An expulsion ordered on a legal basis other than point (d) of paragraph (1) of Article 98, as
well as a ban on entry and residence, may be revoked by the aliens' registration authority, ex
officio, before the expulsion is carried out, if
a) the expulsion has not been enforced for reasons not attributable to the third-country
national for a period of twenty-four months from the date on which the expulsion became
enforceable, or
b) there has been a significant change in the health or living conditions of the third-country
national concerned after the order was made, as certified by the third-country national.
(3) An expulsion order and the related entry and residence ban shall be revoked by the aliens'
registration authority if.
a) the expellee has been recognised as a person who has been granted temporary or subsidiary
protection, or has been granted temporary or subsidiary protection, or
b) the threat to national security, public order or public safety is no longer present, according
to the information of the law enforcement body specified in the government decree.
(4) No appeal may be lodged against a decision taken under paragraphs 1 and 2.
XIX. Chapter
Restrictions on travelling abroad, staying in a designated place
75. Travel restrictions abroad
69
127. §
(1) The aliens police authority shall impose a travel restriction abroad on a third-country national
whose travel document is to be withheld, if the court or the prosecutor's office has notified the
aliens police authority of the need to withhold it under the law on travel abroad.
(2) On the basis of the notification pursuant to paragraph 1, the aliens' police authority shall, in its
decision imposing a travel restriction abroad, withhold the third-country national's travel
document.
(3) There is no right of appeal against the decision.
(4) On the basis of a notification sent by a court, prosecutor's office or investigating authority to
lift the travel restriction, or if it otherwise becomes aware that the third-country national is no
longer subject to the travel restriction under the Act on Travel Abroad, the aliens' authority shall
immediately lift the travel restriction and return the third-country national's withheld travel
document.
76. Order to stay in a designated place
128. §
(1) The immigration authority may order the third-country national to stay in a designated place
if.
a) the return or expulsion of a third-country national cannot be ordered or enforced because of
Hungary's obligations under an international convention;
b) is a minor and should be placed in custody;
c) he or she would be s u b j e c t t o a detention order, and his or her minor child staying with
him or her i n Hungary would be left without custody if a detention order were issued;
d) the period of detention has expired but the grounds for detention still exist;
e) the third-country national holds a residence permit for humanitarian purposes;
f) the third-country national is being expelled and does not have the material and housing
conditions necessary for his/her subsistence;
g) he or she would be subject to detention as an alien pursuant to paragraph (1)(a) or (b) of
Article 132(1), and such detention would cause him or her disproportionate disadvantage, in
particular with regard to his or her state of health or age;
h) the third-country national is the subject of aliens proceedings.
(2) The operative part of the decision shall specify:

a) the compulsory place of residence;
b) the rules of conduct of the stay;
c) if the place of residence is not a community accommodation or reception centre, the
obligation to appear periodically before the authority.
(3) In determining the rules of conduct referred to in paragraph 2(b), it shall also be provided that
the third-country national may not leave the administrative territory of the county of the
designated place of residence specified in the decision ordering the designated place of residence,
unless the
has a residence permit issued for humanitarian purposes pursuant to Section 70 (1) (b) or (e), or
has been granted such a permit by the aliens' immigration authority at the alien's request.
(4) The immigration authority may amend the rules of conduct of its own motion if, in its discretion.
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the third-country national's conduct no longer jeopardises the successful conduct of the aliens'
proceedings or, for other reasons, other rules of conduct are justified.
(5) The mandatory residence may be in a community shelter or reception centre if the third-
country national is not self-sufficient, has no adequate housing, means of subsistence or income,
or has no dependants.
(6) In a crisis situation caused by mass immigration, a mandatory residence in a transit zone can
be designated.
(7) The costs incurred in connection with a stay in a community accommodation centre, reception
centre or transit zone, except for third-country nationals who are holders of a humanitarian
residence permit or who have been granted international or subsidiary protection by an asylum
authority or a court, shall be borne by the third-country national.
(8) The third-country national may not request the suspension of the procedure for the residence
order at the designated place.
(9) The third-country national may object to the decision ordering residence in the designated
place before the district court competent for the designated place of residence as a legal remedy,
on the grounds of violation of the law, and the application shall not have suspensory effect on the
enforcement of the decision. The provisions of Articles 138 and 140 shall apply to the objection,
with the proviso that the objection may be lodged at any time during the period of the obligation
to reside in the designated place.
(10) The court will rule on the objection within eight days.
(11) The immigration authority shall terminate the third-country national's stay at the designated
place by decision if.
a) the third-country national has left without authorisation for an unknown destination and
has not returned within one month,
b) the reason for the stay order has ceased to exist.
(12) The third-country national may appeal against the decision to terminate the stay at the
designated place in accordance with paragraphs (9) and (10), except that the appeal may be
lodged within 8 days of the notification of the termination decision.
129. §
(1) If two months have elapsed from the date of the order for compulsory residence in the
community accommodation or reception centre, but the conditions for ordering residence in the
designated place are still met, the third-country national must be assigned another place of
residence.
(2) In the case of a person requiring special treatment under this Act, the aliens' registration
authority may, ex officio, on an equitable basis, in particular in view of the health condition of the
person concerned, authorise an extension of the period of stay in the community accommodation
if the accommodation of the third-country national is not possible as provided by law.
(3) If the third-country national fails to leave the community accommodation or the reception
centre after being requested to do so, the aliens' police authority shall order the enforcement of
the obligation within five days. The third-country national shall have the right to appeal against
the enforcement order
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a citizen may - as a legal remedy, on the grounds of an infringement of the law - raise an
enforcement objection. The aliens may be forced to leave the community accommodation or the
reception centre by the aliens' authority with the assistance of the police.
130. §
(1) A third-country national who has been designated by the aliens' registration authority for a
compulsory stay in a community accommodation centre, a reception centre or in the
administrative territory of a specific county is entitled to work under a public employment
relationship as defined by law, unless
a) from an employment relationship as referred to in paragraph (2),
b) from an employment relationship under the rules governing the employment of third-
country nationals in Hungary, or
c) has income from other lawful activities under
this Act.
(2) A third-country national whose stay at a designated place has been ordered by the aliens'
registration authority pursuant to Section 128 (1) (e) shall be entitled to work in Hungary in
accordance with the rules on employment, with the consent of the ordering aliens' registration
authority.
(3) The third-country national shall be obliged to fulfil the obligation to reimburse the income
from the legal relationship specified in paragraph (1) in accordance with paragraph (7) of Article
128.
XX. Chapte
r
Detention
77. Types of detention
131. §
(1) Detention under this Act

a) immigration detention, and
b) pre-deportation detention.
(2) No pre-deportation detention or detention pending expulsion (hereinafter referred to

collectively as "detention") may be ordered solely on the ground that the third-country national
has lodged an application for asylum.
(3) A third-country national under the age of 16 years shall not be detained, except in the case
provided for in paragraph 4.
(4) A family with a child under the age of 16 and a minor over the age of 16 may be detained only
as a measure of last resort for a maximum period of thirty days, taking into account the best
interests of the child, if the aliens' registration authority finds that the purpose of the detention
cannot be achieved by applying the provisions of Article 115(2) or 128(1).
(5) If a third-country national who was previously in detention is ordered to be expelled on new
factual grounds, the detention ordered to ensure the latter
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does not include the period of detention ordered in the previous proceedings.
(6) Detention shall be lifted immediately when the reason for its imposition ceases to exist.
(7) The third-country national may not request the suspension of the detention order.
(8) The immigration authority will take a decision to change the place of detention on the basis of
the legal notification. The decision shall be implemented at the same time as the notification.
(9) There is no right of appeal against the decision ordering detention and changing the place of
detention.
78. The detention of aliens
132. §
(1) From immigration Authority a deportation enforcement ensuring may place

a third-country national in immigration detention who
a) is hiding from the authorities or otherwise obstructing the enforcement of the removal,
b) refuses to leave, or for other good reason, is likely to delay or frustrate the removal, or is in
danger of absconding,
c) has seriously or repeatedly breached the rules of conduct in the place of mandatory stay,
d) has failed to comply with the obligation to appear before the authorities when summoned
to do so, thereby obstructing the aliens' proceedings, or
e) was released from a custodial sentence for a premeditated crime.
(2) Before ordering detention pursuant to paragraph (1)(a) or (b), the aliens policing authority
shall consider whether the enforcement of the removal can be ensured by applying the provisions
of Article 115(2) or 128(1).
(3) The detention shall be ordered by decision and shall be executed at the same time as the
notification.
(4) The detention may be ordered for a maximum of seventy-two hours, which may be extended
by the district court of the place of detention until the third-country national is deported, up to a
maximum of sixty days at a time.
(5) After six months, the detention may be extended for a further period of up to six months, as
provided for in paragraph 4, if, despite taking all necessary measures, the expulsion is to be
enforced for more than six months because
a) the third-country national concerned does not cooperate with the immigration authority, or
b) the obtaining of the necessary documents for removal is delayed due to the procedures of
the third-country national's country of origin or the authorities of the State obliged to
readmit or otherwise receive him/her under a readmission agreement.
(6) Aliens' detention shall be lifted if.

a) the conditions for carrying out the expulsion are in place,
b) it becomes clear that the expulsion cannot be carried out,
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c) six months, or twelve months if the conditions in paragraph 5 are met, have elapsed since
the order of detention,
d) the third-country national is entitled to reside in Hungary on the basis of his/her application
for international protection, as defined by law,
e) the third-country national is placed under asylum detention, or
f) the third-country national's availability is deemed to be assured by the aliens' police
authority by the lodging of a surety and the ordering of bail.
(7) Detention ordered pursuant to paragraph (1)(b) may be lifted by the aliens' police authority ex
officio if, due to a significant change in the circumstances of the third-country national, it can no
longer be assumed that he or she will delay or frustrate the enforcement of the removal order or
that there is a risk of absconding.
(8) For the purposes of paragraph 6(c), the period of detention shall include the period of
detention pending expulsion. The period of detention for asylum purposes shall not be counted as
part of the period of detention for immigration purposes or of detention pending expulsion.
(9) In the event of the termination of detention pursuant to paragraph 6(b), (c) or (f) and
paragraph 7, the detaining authority shall order the third-country national to stay in a place
designated for him or her.
(10) If the detention is terminated without expulsion being ordered, the SIS warning for expulsion
is recorded in the system by the aliens' registration authority.
79. Detention pending expulsion
133. §
(1) The immigration authority may detain a third-country national in custody pending expulsion in
order to carry out immigration proceedings if the third-country national
a) his identity is unclear,
b) the legality of his or her stay is not clear, or
c) is in the process of being returned to a Member State of the European Union or another
Schengen State under a bilateral readmission agreement.
(2) Detention pending expulsion shall be ordered by decision and shall be carried out at the same
time as the notification.
(3) Detention pending expulsion may be ordered for a period of seventy-two hours, which may be
extended by the district court of the place of detention until the identity or the lawfulness of the
third-country national's stay is clarified, but for a maximum of thirty days.
80. Enforcement of detention
134. §
(1) The third-country national in custody shall be informed of his/her rights and obligations in
his/her mother tongue or in another language known to him/her.
(2) At the request of the third-country national, or if bilateral agreements have been concluded, the
authority ordering detention
74
consular convention makes this obligatory, must notify the body responsible for the consular or
diplomatic representation of the third-country national in Hungary directly and without delay of
the detention or the obligation to stay in the designated place or the extension of the period of
detention.
(3) The detaining authority shall immediately arrange for the accommodation of the
unaccompanied or dependent family member of the detained third-country national or the safe
custody of his/her valuables left unattended as a provisional measure.
135. §
(1) Detention shall be carried out by the immigration authority in the place designated for that
purpose.
(2) During custody, men, with the exception of spouses, should be separated from women,
families with minor children and persons under the age of 18 from other detainees, with
appropriate privacy safeguards.
(3) A third-country national in detention shall be entitled to

a) accommodation, food, clothing - seasonal clothing if necessary - and health care as provided
by law;
b) with your representative, or a consular representation member of the
consular office check without, and to communicate with a relative without control;
c) receive and send parcels, carry out correspondence and receive visitors, as defined by law;
d) to supplement his or her subsistence at his or her own expense;
e) practise their religion, including eating religiously;
f) to make use of the public cultural facilities available;
g) to make objections, requests, complaints, whistleblower reports, whistleblowing;
h) at least one hour a day outdoors.
(4) In addition to the provisions of paragraph (3), a minor detainee shall be entitled to engage in
leisure activities, including play and recreational activities appropriate to his or her age, and a
minor detainee under the age of 16 shall be provided with education appropriate to his or her age,
depending on the duration of detention.
(5) A third-country national in custody shall be required to.

a) maintain the order of the facility where the custody is carried out and comply with the
relevant instructions;
b) behave i n a manner that does not violate the rights or disturb the peace of other persons
in custody;
c) contribute to the cleanliness of the premises it uses without remuneration;
d) submit to searches of your person, to the inspection of your clothing and to the removal of
personal belongings that cannot be kept on your property;
e) except as provided for in paragraph 7, to reimburse the costs of his maintenance and care
and any damage caused intentionally by him.
(6) The examination of the detained person under paragraph 5(d) shall include a medical
examination of the detained person as part of the conditions for removal laid down by law for the
purpose of entry into the country of removal or transit through countries of transit. These
examinations may be enforced and the third-country national shall not be entitled to refuse
treatment.
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(7) A third-country national is not required to reimburse the costs of his or her maintenance and
care if he or she has been granted international or subsidiary protection or has been granted
reception status by an asylum authority or court.
136. §
(1) Paragraphs 135(1) and 139(1) shall not apply if the exceptionally large number of third-country
nationals to be expelled places an unforeseeable and heavy burden on the capacity of the
accommodation facilities or the aliens policing authority.
(2) In the case provided for in paragraph (1), the aliens' authority may, during the exceptional
situation, apply to the district court for an extension of detention beyond seven days within five
days of the order.
(3) In the case provided for in paragraph (1), the detention may be carried out by the aliens'
registration authority at a place other than the place provided for in paragraph (1) of Article 135.
81. Bail for aliens
137. §
(1) The aliens' police authority shall examine ex officio whether a third-country national in
detention is eligible for bail. The third-country national may not apply for bail. If the availability of
the third-country national who has been expelled and is awaiting deportation in the proceedings
for the enforcement of the expulsion and the effectiveness of the deportation can be ensured by
the lodging of a third-country national on the basis of the discretion of the aliens' authority, the
aliens' authority shall inform the third-country national accordingly and state whether he or she
undertakes to post bail as provided for by law. If the third-country national accepts bail as
provided for by law, the aliens' authority shall take a decision on the granting of bail.
(2) The immigration authority may authorise the lodging of a bail bond at any stage of the
procedure, pending the organisation of removal.
(3) No appeal shall lie against the decision of the immigration authority under paragraph 1.
(4) Once the alien has lodged a bond, the aliens' police authority shall designate a place of
mandatory residence for the third-country national and inform him/her of his/her obligations
regarding availability, in the event of non-compliance with which the alien may not claim the bond
back.
(5) If the third-country national complies with the obligation to make himself available, the
amount of the aliens' bail less the costs of transfer, if the costs of executing the expulsion, the
amount spent on his maintenance and care and the damage he has intentionally caused have not
been reimbursed by the expellee, shall be returned to the third-country national after deduction.
(6) If the bail cannot be claimed back by the expelled third-country national or if the bail is not
returned to him/her through his/her own fault
76
cannot be returned after one year, the amount of the refund shall be forfeited to the Hungarian
State.
82. The objection
138. §
(1) The detained third-country national may lodge an objection, which shall not have suspensory
effect for the enforcement of the decision, if the aliens' registration authority has failed to fulfil its
obligation under Articles 134-136.
(2) The objection is examined by the district court of the place where the detention is carried out.
(3) The court decides that the omitted measure must be remedied or the infringing situation must
be brought to an end.
(4) The court will rule on the objection within eight days.
(5) The court may not terminate the detention by ruling on the objection.
83. Judicial extension of detention
139. §
(1) The aliens' authority may apply to the district court with the power to extend detention beyond
72 hours within 24 hours of the order.
(2) The court may extend detention for up to sixty days at a time. The aliens' detention may be
extended for a further sixty days by the aliens' detention authority by application to the court,
provided that the application reaches the court within eight working days before the day on which
the extension is due.
(3) The immigration authority shall state the reasons for its request.
84. Common rules of court procedure
140. §
(1) The court acts as a single judge in the proceedings to rule on the objection and to extend the
period of detention, and issues an order.
(2) If the court has rejected the objection or the motion, no new objection or motion may be
made on the same grounds.
(3) Only a legal representative may represent a third-country national in court proceedings.
(4) The court shall appoint a guardian ad litem for the third-country national if the third-country
national does not speak Hungarian and cannot be represented by a proxy.
(5) In all cases, when detention is extended for the first time, a personal interview shall be held at
the request of the detainee in the objection procedure and in the procedure for the further
extension of detention.
77
(6) The hearing may also be held in the absence of the third-country national's legal
representative.
(7) The hearing shall take place at the place of detention or by means of an electronic
communications network, if the conditions for this are met at the place of detention.
(8) The court may dispense with the hearing if the third-country national is unable to appear
because of his or her care in an in-patient hospital or if the objection or application does not come
from the person entitled.
(9) At the hearing, the third-country national or the aliens' authorities may present their evidence
in writing or orally. Those present must be given the opportunity to hear the evidence. If the
representative of the third-country national or of the petitioning aliens' police authority does not
appear but has submitted his observations in writing, the court shall present them.
(10) The court's decision must be communicated to the third-country national concerned and to
the immigration authority. If the third-country national has an authorised legal representative or a
guardian ad litem, the decision shall also be communicated to him or her. The decision taken at
the hearing shall be notified by publication and shall be served as soon as it has been recorded in
writing. A decision taken without a hearing shall be communicated to the third-country national
concerned by the court through the detaining authority.
(11) There is no further appeal against the court's decision.
(12) The court proceedings are free of charge.
XXI. Chapter
Face and fingerprint capture, search warrant
85. Face and fingerprint capture
141. §
(1) For the purposes of preventing multiple proceedings and establishing the identity of the third-
country national, the authority ordering the pre-deportation detention, return under a readmission
agreement, expulsion, stay in a designated place, detention under an expulsion order or judicial
expulsion shall record the facial image and fingerprints of the third-country national.
(2) When applying for a local border traffic permit, residence permit, temporary residence
card, national residence card and EU residence card, you must apply for a residence card in
accordance with Article 70. § (1) a), b) and d)-f), and in the case of the replacement and
replacement of immigration and settlement permits, national settlement permits, EC residence
permits, temporary residence cards, national residence cards and EU residence cards, the
aliens' registration authority shall act in accordance with Regulation (EU) 2017/1954 of the
European Parliament and of the Council.
(3) The third-country national must allow his/her facial image and fingerprints to be recorded.
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86. Ordering the search of persons
142. §
(1) The aliens police authority may order the wanted person to be sought for a third-country
national staying in an unknown place who
a) is the subject of an aliens procedure under this Part;
b) has escaped from custody or left the place of dete n t i o n ordered for him/her in the aliens'
procedure in breach of the rules of conduct;
c) has not complied with the enforcement of the expulsion order which has become final.
(2) There is no right of appeal against the search warrant decision.
(3) The wanted list must be withdrawn if no result can be expected from maintaining the wanted
list or i f the reason for its imposition has ceased to exist.
PART SEVEN
Liability rules
87. Liability of the carrier
143. §
(1) A carrier is any natural or legal person or unincorporated organisation engaged in the carriage
of passengers by road for hire or reward.
(2) Carriers transporting a third-country national by air or sea or by regular road transport to or
through the territory of Hungary to another State of destination must ascertain before the
transport whether the third-country national is in possession of a valid travel document for entry
or transit or a visa for an intended stay not exceeding ninety days.
(3) Carriers transporting third-country nationals by air, sea or road shall carry out the checks
provided for in Article 13(3) of Regulation (EU) 2017/2226 of the European Parliament and of the
Council.
(4) Air carriers, maritime carriers and carriers performing international land long-distance coach
and bus groupage services transporting third-country nationals shall carry out the checks provided
for in Article 45 of Regulation (EU) 2018/1240 of the European Parliament and of the Council.
(5) A carrier transporting a third-country national by air, sea, road or rail must ensure his or her
immediate return to the country from which he or she brought the third-country national or which
is obliged to receive him or her, if
a) the entry into Hungary of the passenger it is transporting has been refused on the grounds of
the absence of a condition laid down by law;
b) the transit passenger it is carrying has been returned to Hungary because of refusal of entry
to another State of destination; or
c) a carrier who undertakes to carry a passenger to another State of destination refuses to
embark the passenger he is carrying.
(6) If the return cannot be carried out immediately, pending the return, the third-country
79
costs incurred during the stay of the national shall be borne by the carrier.
(7) If the carrier disputes the existence of the obligation to return or to bear the costs, the aliens'
registration authority shall issue a decision requiring him to fulfil the obligation to return and to
bear the costs.
(8) A carrier who fails to comply with its obligation under paragraph 2 shall be liable to a public
order fine as provided for by law.
(9) The carrier shall be exempted from the obligation to pay the public order fine if it proves that
it has complied with its obligation to carry out the checks provided for in paragraph 2 with the due
diligence required of it.
144. §
(1) At the initiative of the border traffic control authority, the aliens police authority shall impose
a public order fine as defined by law on the air carrier if the air carrier, in breach of its obligations
under the Act on Air Transport, fails to provide data on passengers who are not being transported
from a Member State of the European Union or a Schengen State to Hungary.
(2) The provisions of paragraph 1 shall also apply where the air carrier transmits incomplete data
or, in the absence of due diligence, false data.
88. Responsibilities of the employer and the host organisation
145. §
(1) The employer or the host organisation must verify, at the latest on the day the third-country
national starts working, whether the third-country national has a valid residence permit entitling
him/her to work for the employer or the host organisation.
(2) The employer or the host organisation shall keep a copy of the residence permit as referred to
in paragraph 1 presented by the third-country national for the duration of the employment.
(3) The employer or the host organisation must notify the immigration authority of the start of
the employment of the third-country national within the following deadlines:
a) if the employer or the host organisation has applied for a work permit, within five days of
receipt of the work permit issued to the third-country national;
b) if the employer or the host organisation has applied for a work permit, but the third-country
national arrives in Hungary after the date of receipt, within a reasonable time from the
expected starting date of work as agreed in the prior agreement, within five days of the date
of entry;
c) in cases not covered by points (a) and (b), within five days of receipt of the residence permit
issued to the third-country national entitling him/her to work,
d) for third-country nationals holding a residence permit for the purpose of studies, within five
days of the start of the work.
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(4) The employer or the host organisation must notify the immigration authority if the third-
country national does not start the authorised work within the following deadlines,
a) if the employer or the host organisation has applied for a residence permit for work and the
employer or the host organisation becomes aware that the third-country national will not
start working for the employer or the host organisation, immediately and at the latest within
5 days of becoming aware of this;
b) if the employer or the host organisation has not applied for a residence permit for work, but
becomes aware that the third-country national will not start working for the employer or
host organisation within a reasonable period of time after the expected starting date
specified in the prior agreement for the employment relationship, immediately and no later
than five days after the expected starting date specified in the employment contract.
(5) The employer or the host organisation must notify the immigration authority within 5 days of
the occurrence of the fact or circumstance on which the notification is based that the work will
cease within the period of validity of the residence permit.
(6) The employer or the host organisation shall comply with the notification provided for in
paragraphs 3 to 5 by providing the following information:
a) the details of the employer or host organisation (name, address, registered office, place of
business, type of business, company registration number),
b) natural person identification data of a third-country national employee or intra-corporate
transferee,
c) the number of the residence permit of the third-country national worker or intra-corporate
transferee,
d) job title,
e) the date of commencement or non commencement of actual employment or intra-
corporate transfer, or the date of termination within the period of validity of the work
permit or single permit.
(7) An employer or host organisation which fails to comply with the obligation laid down in
paragraphs 1 to 5 shall be subject to a public order fine, as determined by law, in proportion to the
number of third-country nationals employed.
(8) The employer or the host organisation shall be exempted from the obligation to pay the public
order fine if it proves that it has complied with its obligation to check and report as provided for in
paragraphs 1 to 5, unless it knew or could reasonably have known that the document presented as
a valid residence permit or other residence authorisation was false.
(9) If the employer or the host organisation

a) the obligation set out in paragraph (1) of Article 27,
b) its obligation under paragraph (1) of Article 29,
c) its obligation under paragraph (1) of Article 32,
d) its obligation under paragraph (4), or
e) its obligation under paragraph (5)
fails to comply with the provisions of Article 27 (2) of the Act in the case of 30% of the number of
guest workers brought to Hungary by the employer or the host organisation in a calendar year, the
employer or the host organisation in breach of its obligation shall be liable to pay the costs of the
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paragraph (2) of Article 29, paragraph (2) of Article 32, paragraph (2) of Article 32, or for two years
from the date of the imposition of the public order fine, may not employ any additional guest
workers beyond the existing guest worker staff.
(10) The main contractor and all intermediate subcontractors shall be jointly and severally liable
with the subcontracting employer or the host organisation for the payment of the public order
fine if they knew or could have known with due diligence that the subcontracting employer was
employing a third-country national without a residence permit under this Act.
(11) The host organisation is obliged to notify, at the latest within five days of the start of
employment, if a third-country national holding a residence permit issued by a Member State of
the European Union for the purpose of intra-corporate transfer is to work in Hungary for the host
organisation for an intended period not exceeding ninety days. The notification shall include the
natural identity data of the third-country national, the intended duration of the intra-corporate
transfer and the affiliation to the group of undertakings of the host entity.
(12) The employer shall, after electronic identification, make its notification under paragraphs (3)
to (5) and paragraph (11) electronically through the electronic interface for the opening of aliens'
files.
89. Notification of internship programme and host organisation
146. §
(1) The host organisation must notify the immigration authority in advance of the operation of the
traineeship programme and of any changes to the data reported. The host organisation shall submit
the notification electronically after electronic identification.
(2) An organisation hosting trainees can be

a) the local government;
b) within the scope of the public tasks of the national minority self-government as defined by law;
c) the budget body in the scope of its core business;
d) a church legal person established in Hungary in the field of its religious, public and
operational activities;
e) a company with a strategic partnership agreement with the Government for the training
specified in the strategic cooperation agreement.
(3) The notification shall contain

a) the name, registered office and tax number of the host organisation;
b) the start and end dates of the traineeship and the name of the trainee;
c) the content of the traineeship programme.
(4) If the host organisation

a) a legal ecclesiastical person, the aliens' registration authority will obtain and check the data
of the host organisation from the register of registered churches or, in the case of an
unregistered internal legal ecclesiastical person, the data of the internal legal ecclesiastical
person,
b) a company, the aliens' registration authority shall obtain the company registration
certificate of the host organisation from the business register by direct electronic search.
(5) The data reported shall be made available by the aliens' registration authority to the public of
the host organisation and the
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keeps records to protect trainees. The registration shall be notified to the host organisation within
15 days of receipt of a complete notification. The name of the host organisation included in the
register shall be published by the aliens policing authority on its website.
(6) The procedures for notifying host organisations, notifying changes to data and removing data
from the register of host organisations are free of charge.
(7) The aliens' registration authority shall refuse to register the host organisation or traineeship
programme and shall delete the host organisation or traineeship programme from the register if
the notification does not meet the conditions set out in paragraphs (2) and (3) or the trainee is not
being hosted in the framework of the activities of the host organisation as defined in the business
register referred to in paragraph (2)(e).
(8) When examining the matters referred to in paragraph (7), the aliens' registration authority
may request the opinion of the ministries and professional chambers with responsibilities in
connection with the nature of the employment, as well as the employment supervisory authority
and the public employment service. The requested body shall send its opinion to the aliens
policing authority within 5 working days.
(9) If the host organisation fails to comply with the obligation to notify, the aliens' registration
authority will issue a decision, taking into account the seriousness of the infringement, removing
the host organisation from the register of organisations hosting trainees and prohibiting it from
hosting trainees for a maximum of one year.
PART THREE
Reporting obligations and provision of travel documents for third-country nationals
90. Obligation to report the accommodation of a third-country national
147. §
(1) Third-country nationals must notify the immigration authority of their accommodation in
Hungary by providing the following information:
a) natural person identification data,
b) the identification data of the travel document,
c) address of the accommodation,
d) the starting and expected ending dates of the use of the accommodation, and
e) your visa or residence permit number.
(2) The data of a third-country national staying in a commercial accommodation or other

accommodation maintained by a legal person, as defined in Chapter 6/B of Act CLVI of 2016 on
State Tasks for the Development of Tourist Areas (hereinafter: Tourism Act), shall be recorded by
the accommodation provider on the hosting provider designated by the Government when the
third-country national checks in to the accommodation, in the manner specified in the Tourism
Act.
(3) The data recorded pursuant to paragraph (2) shall be received by the aliens policing authority
from the accommodation provider through the hosting provider, by means of an IT application,
and shall be recorded for the purpose of monitoring the legality of the stay.
(4) A third-country national may change his or her place of accommodation or change of
accommodation by
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is reported electronically via the electronic platform for the opening of aliens' cases - after
electronic registration.
91. Obligation for third-country nationals to declare their employment
148. §
A third-country national holding an EU Blue Card must notify the immigration authority of
a) the termination of the employment relationship within five days of the termination of the
employment relationship, and
b) the new employment relationship established after the termination of the employment
relationship under point (a) within five days of the date of its creation
inside.
149. §
Third-country nationals holding a White Card must notify the aliens' registration authority of the
termination of their employment relationship or the cessation of their business activity in a
country other than Hungary within five days of the date of termination or cessation.
150. §
(1) Third-country nationals must notify the aliens' registration authority of their intention to
establish an employment relationship with a specific employer,
a) if he/she is employed by an employer or under different terms and conditions from the
previous employer, immediately and no later than five days after the termination of his/her
previous employment or the change in the terms and conditions of his/her employment, or
b) ha
ba) a residence permit issued for the purpose of family reunification,
bb) EU Blue Card,
bc) a residence permit issued for the purpose of self-employment as a guest,
bd) Hungarian Card,
be) a residence permit issued for humanitarian purposes pursuant to clauses a) and e) to f) of
paragraph (1) of Article 70,
bf) a residence permit issued for the purpose of research,
bg) a residence permit for seasonal employment,
bh) an intra-corporate transfer residence permit, or
bi) a long-term mobility permit
without undue delay, but no later than five days after the conclusion of the prior agreement
provided for by law.
(2) A third-country national may start working under the conditions set out in the notification
referred to in paragraph (1) only after the extension of the residence permit has been granted,
unless otherwise provided by law, if the extension of the residence permit is permitted by this Act.
92. Birth announcement
151. §
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If a third-country national holding a visa for intended stay not exceeding 90 days, a visa for stay
exceeding 90 days within 180 days or a residence permit, or a third-country national holding a
permanent residence permit, gives birth to a child in the territory of Hungary, he/she shall notify
the aliens' registration authority of the birth of the child by providing the following information:
a) the child's natural identity data,
b) the identification details of the child's travel document, and
c) the address or residence of the child.
93. Notification obligations for educational establishments
152. §
(1) For the purposes of the procedures provided for in this Act, the educational institution shall
inform the competent aliens' registration authority of foreign students who have started,
completed or interrupted their studies, or who have not fulfilled their enrolment obligations, or
whose student status has been terminated, within eight working days of the occurrence of these
facts, by providing the following information:
a) details of the educational institution (name, address),
b) the natural identity data of the third-country national, the number of his/her residence
document,
c) the type of student status, the date of its creation, interruption and termination, and how it
is terminated,
d) the name of the course the student is following, how it is financed and the work schedule,
the semesters started, the period of interruption of the student's studies, the expected date
of completion of the course.
(2) The educational institution may also submit its notification under paragraph 1 by electronic
means, following its electronic identification.
94. Notification obligations and administrative measures relating to third-country

nationals' identity documents
153. §
(1) The third-country national must report the loss, theft or destruction of his/her travel
document and residence permit to the aliens' registration authority without delay. The Aliens
Police Authority shall issue a certificate of notification.
(2) A travel document which is believed to be lost and which is found after it has been reported
lost must be notified to the immigration authorities without delay.
(3) A third-country national must obtain a new travel document to replace a lost, stolen,
destroyed or expired travel document, unless an international agreement provides otherwise. The
third-country national may leave the territory of the country in possession of the new travel
document and the certificate of notification referred to in paragraph 1 or the expired travel
document.
(4) The Aliens Police Authority, through the Minister responsible for foreign policy, must ensure
that.
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forwarding the travel documents found to the diplomatic mission or consular post of the State
having jurisdiction for the place of issue.
95. Providing third-country nationals with a travel document
154. §
The diplomatic mission of Hungary issues a travel document for a one-off journey to a third-
country national recognised by Hungary as a stateless person or having the right of permanent
residence, whose travel document lost or destroyed abroad cannot be replaced abroad or can be
replaced only with disproportionate difficulty, and therefore cannot be returned to Hungary.
155. §
(1) The aliens' registration authority may provide a third-country national who has the right of
permanent residence with a travel document entitling him/her to return to the territory of
Hungary for the purpose of travelling abroad, if he/she does not have a valid travel document
from his/her country of origin and it cannot be replaced for reasons beyond his/her control.
(2) The travel document is valid for one year from the date of issue.
156. §
The immigration authority may issue a single travel document to a third-country national for the
purpose of returning to the country of permanent residence if the lost or destroyed travel
document cannot be replaced.
157. §
(1) The aliens' registration authority shall provide a stateless person staying in the territory of
Hungary with a travel document entitling him/her to return to the territory of Hungary within the
period of validity of the document, upon his/her application for the purpose of travelling abroad.
(2) The travel document is valid for one year from the date of issue.
158. §
If the court or the prosecutor's office has notified the aliens police authority under the Act on
Travel Abroad in order to withhold the travel document of a third-country national or stateless
person residing in Hungary who holds a travel document issued by the aliens police authority, the
aliens police authority shall revoke the travel document.
PART NINE
The aliens procedure
XXII. Chapter
General rules on the aliens procedure
96. Scope rules
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159. §
(1) In proceedings before an immigration authority

a) supervisory body: unless otherwise provided by law or government decree, the supervisory
body is the authority which is or would be entitled to hear the appeal;
b) aliens' registration authority: a body, organisation or person which is authorised by a
government decree to exercise the powers of an aliens' registration authority or designated
by law to exercise the powers of an aliens' registration authority;
c) a matter for the immigration authorities:
ca) all procedures relating to the entry and stay of aliens, in the course of which the aliens'
authority takes a decision establishing the rights, obligations and infringements of the
client, certifies facts, conditions, data or records, or enforces its decisions concerning
them,
(cb) the procedure in the course of which the immigration authority carries out an official
control,
cc) the procedure for establishing statelessness,
cd) the procedure for imposing a public order fine,
(ce) the procedure for the imposition of fines pursuant to paragraphs (2) of Article 27, (2) of
Article 29 and (2) of Article 32.
(2) The aliens' registration authority may not be deprived of its competence.
97. Client
160. §
(1) Client
a) a natural person who applies to the immigration authorities for authorisation to enter and
stay,
b) the natural or legal person or other entity in respect of whom (or which) the aliens' register
contains data,
c) the natural or legal person or other entity subject to control by an immigration authority,
d) the natural or legal person or other entity whose right or obligation has been established by
the immigration authority in relation to the rules on entry and residence,
e) the natural or legal person or other entity against whom (or against which) the immigration
authority enforces its decision,
f) the natural person who has applied for a declaration of statelessness,
g) a natural person whose right or obligation established by the immigration authority in
connection with the rules on entry and residence and the determination of statelessness is
being reviewed by the immigration authority.
(2) The client in the procedure for an application for a visa for a stay not exceeding 90 days is the
third-country national applying for the visa.
161. §
(1) Unless otherwise provided for in this Act, in aliens proceedings, the succession of the client is
excluded.
(2) In the case of public order fines, the obligation to pay the fine is imposed on the natural person
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in the event of the death of the debtor, the debtor's successor under civil law, or, in the case of a
legal person debtor, the debtor's successor under civil law.
(3) Where the debtor is replaced by a legal successor in respect of an obligation established by a
final decision, the debtor must be given the opportunity to comply with the obligation voluntarily,
upon a reasoned request, by setting a new deadline for compliance.
(4) The decision on the question of succession and the new time limit for performance must be
communicated to the customer. A separate appeal may be lodged against an order on succession
and refusing to set a new time limit for performance.
98. Jurisdiction rules
162. §
(1) Unless otherwise provided for by law, the competent aliens' authority is the one which has
jurisdiction over the place where the customer has his domicile, residence or accommodation, or
the place where the legal person has its headquarters, or where the unlawful conduct was
committed.
(2) If the domicile, residence or place of accommodation of the client or the registered office of
the legal person is unknown, the last known domicile, residence or place of accommodation of the
client or, in the case of a legal person, the registered office shall prevail, and if this cannot be
established, the aliens' police authority specified by law shall have exclusive jurisdiction in the
aliens' police case.
99. Examination of jurisdiction and competence
163. §
(1) The aliens' registration authority shall examine its competence and jurisdiction of its own
motion at all stages of the procedure. If it detects any deficiency and if it can be established
beyond doubt that the authority having jurisdiction in the matter is the competent authority, it
shall refer the case or, failing that, terminate the proceedings or reject the application without
examining the merits. The aliens policing authority shall inform the applicant of the referral at the
same time as the referral and, if referral is not possible, shall inform the applicant accordingly.
(2) The aliens police authority shall act within its jurisdiction in the matter within its competence.
100. Language use
164. §
(1) No one should be disadvantaged in the aliens' proceedings because of their lack of knowledge
of Hungarian. The client may use his/her mother tongue or another language he/she understands
orally and in writing in aliens' proceedings.
(2) In the visa procedure, the costs of translation and interpretation, as well as the costs of sign
interpretation (hereinafter referred to as the costs related to the use of the mother tongue) are
borne by the applicant.
(3) In addition to paragraph (2), the costs of translation, interpretation and sign interpretation
incurred in communicating the decision in aliens proceedings initiated on request shall be borne
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by the acting aliens' registration authority, and the costs of other procedural steps incurred in
carrying out the
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the cost of using your mother tongue is borne by the applicant. The aliens' registration authority
shall issue an order for the costs to be borne and advanced.
(4) In ex officio aliens proceedings, the costs relating to the use of the mother tongue shall be
borne by the acting aliens police authority, unless otherwise provided for in this Act.
(5) The costs of interpretation services incurred in connection with the examination of the
objection and the hearing in the proceedings for the extension of detention shall be borne by the
court. The judge shall arrange for an interpreter.
(6) In ex officio aliens proceedings, the acting aliens police authority may use an interpreter, even
in the absence of a warrant, on the basis of a contract concluded between the aliens police
authority and the interpreter, in urgent cases.
(7) The costs of communicating the decision in the visa procedure by using the mother tongue
are borne by the client.
101. Contact
165. §
The requested body must reply to a request sent at the time of production or detention without
delay, but no later than the expiry of the period of production or detention indicated in the
request.
102. General rules on contact
166. §
(1) In the case provided for in paragraph (4) of Article 168, the acting aliens' registration authority
may also contact the employer during the procedure, but the content of the document sent to the
employer shall be notified to the client. If the acting immigration authority does not communicate
with the employer, the employer shall be informed of the content of the document sent to the
client.
(2) Unless otherwise provided in this Act, the aliens' registration authority may contact the client
by post only if the postal address is a domestic postal address.
(3) By way of derogation from paragraph 2, the decision imposing a public order fine and the
document generated in the visa procedure may also be posted to a foreign address.
(4) In procedural acts where the personal appearance of the customer is mandatory, the customer
is not entitled to communicate with the authority by electronic means.
(5) In ex officio proceedings, the contact method is chosen by the immigration authority.
(6) The Aliens Management Authority shall operate an electronic information system (hereinafter
referred to as the "electronic Aliens Management Interface").
a) by electronic identification service, or
b) electronically, by providing natural person identification data.
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(7) In the case of registration under paragraph (6)(b), the identification of the customer shall be
made by the first personal appearance before the authority. The documents submitted by him up
to that time shall be deemed authentic if they are acknowledged by him at the personal
appearance.
(8) A customer or employer registered in accordance with paragraph (6) shall be sent by the
authority to the delivery location provided by the electronic platform for aliens' cases, which is
established and maintained for that purpose. The delivery of an electronic document shall be
governed by Act CCXXII of 2015 on the General Rules of Electronic Administration and Trust
Services No 14.
§ and the provisions of § 15 (2) and (3) shall apply, except that if the system confirms that the
consignment has not been received despite two notifications to the addressee, the electronic
document shall be deemed to have been delivered on the fifth working day following the date
indicated in the confirmation of the second notification.
(9) In the case of procedural acts where personal appearance is not mandatory, the natural person
client may also communicate with the aliens' registration authority by electronic means, as
specified in paragraphs (6) to (8) and in the Government Decree. In procedural acts where this is
permitted by this Act, the authority shall communicate with the registered client via the electronic
interface for the initiation of aliens' cases. A document not signed by the customer electronically
may be accepted for communication via the electronic interface for the opening of aliens' cases.
103. Data processing and access to the file
167. §
The client or his authorised representative may, in the course of the enforcement of the decision
of the aliens' registration authority, have access only to those documents the inspection of which
does not impede the success of the enforcement.
XXIII. Chapter
Rules on aliens proceedings on request
104. The application
168. §
(1) Unless otherwise provided by this Act, in aliens' proceedings initiated on request, the request
may be submitted in person to the aliens' authority competent to decide on the request, on the
form provided by law, together with the supporting documents regulated by the Government
Decree implementing this Act, unless otherwise provided by law.
(2) The competent aliens' authority may waive the obligation to appear in person if the applicant
is unable to do so because of his or her state of health.
(3) Unless otherwise provided by law, the application shall be submitted by the legal
representative of the applicant instead of the minor applicant with limited capacity or incapacity.
If the minor applicant is over the age of six at the time of application, he or she must be present
when the application is submitted. The personal appearance of the minor before the aliens'
registration authority shall be arranged by his/her legal representative.
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(4) For work permits, intra-corporate transfers, research residence permits, guest worker
residence permits, National Cards, EU Blue Cards and Company Cards issued for the purpose of
carrying out an investment, and, where permitted by this Act, the possibility to establish an
additional residence title in view of the third-country national's stay, the application for the issue
and renewal of a residence permit may be submitted via an employing or host organisation in the
case of a family member applying together with a third-country national, if the applicant consents
thereto by means of a unilateral written declaration and
a) the third-country national has not yet entered Hungary, or
b) the third-country national is legally residing in Hungary and this Act allows for the
submission of an application for the issue of a residence permit in Hungary by a third-
country national residing in Hungary.
(5) With regard to the consent of the third-country national pursuant to paragraph (4), the aliens'
registration authority shall send the employer or host organisation the notification of the
deficiency and the decision on the application.
(6) For the purpose of fulfilling the conditions laid down by law, the client shall also be obliged to
appear in person before the competent aliens police authority in the case provided for in
paragraph 4, if the authority so requests.
(7) The application provided for in paragraphs 1 to 3 may, with the exception of paragraph 8, be
submitted by the third-country national by electronic means after electronic registration on the
electronic platform for the opening of aliens' files.
(8) The application provided for in paragraphs 1 to 3 may not be made by the third-country
national via the electronic platform for the opening of aliens' files
a) for applications made at the diplomatic mission or consular post, or
b) if this Act does not permit the submission of an application for the issue of a residence
permit by a third-country national residing in Hungary.
(9) Can only be submitted electronically - after electronic registration on the electronic Aliens
Case Start e-Interface -
a) applications for the issue or renewal of national residence cards and EU residence cards,
b) an application for renewal of a residence permit,
c) an application for the replacement or replacement of a residence permit, and
d) the application for an official certificate.
(10) Where the third-country national's proxy in proceedings initiated by an application pursuant
to paragraph 7 is a legal representative or a legal person, the application may only be submitted
after electronic registration on the electronic platform for the opening of aliens' cases.
(11) The application served is deemed to have been received by the aliens' registration authority
if the third-country national or his authorised representative
a) paid the application fee, if the procedure is subject to a fee, and
b) the third-country national's facial image and fingerprints have been recorded and the
specimen signature has been provided in accordance with Article 141(2), with the exception
of paragraphs (2) and (3), no later than 15 days after the confirmation is sent.
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(12) A served application shall not be deemed to have been received by the aliens' registration
authority if the applicant fails to comply with the obligation to pay the fee or to appear in person
within the time limit referred to in paragraph 11(b).
(13) The request provided for in paragraph 4 may be submitted by the employer or the host
organisation only by electronic means, after electronic identification.
(14) An application under paragraph 13 shall not be deemed to have been received by the
immigration authority if
a) the application is not submitted by an employing or host organisation as referred to in
paragraph 4,
b) the application does not include the client's photograph, or
c) the application fee has not been paid, if the procedure is subject to a fee.
(15) The served application shall be deemed to have been received by the immigration authority
if the requirements of paragraph 14 are met. The immigration authority shall inform the applicant
of this fact.
(16) Requests that are considered as non-received by the aliens' registration authority will be
deleted by the aliens' registration authority on the 16th day following the confirmation, which will
be communicated to the customer via the electronic aliens' registration e-launching platform.
(17) In aliens proceedings under Part Sixth, the person entitled may submit the application in
person, in writing before the aliens police authority competent to conduct the proceedings or at
the diplomatic mission or consular post of his or her habitual residence.
105. The gap
169. §
(1) If the application meets the requirements of the legislation

a) does not comply, or
b) but is necessary in view of new information that has come to light in the course of clarifying the
facts,
from acting as immigration authority up to forty-five days
with a time limit of forty-five days, a the applicant to remedy the deficiency, with a
warning of the legal consequences of failure to do so.
(2) Az eljáró idegenrendészeti hatóság az ügyfél kérelmére a hiánypótlási felhívás teljesítési

határidejét egy alkalommal – amennyiben az adott ügyfajtára megállapított objektív határidő
lehetővé teszi – legfeljebb huszonegy nappal meghosszabbíthatja. The extended time limit for
completing the application may not exceed the time limit laid down in paragraph 1.
(3) An order granting or refusing an extension of the time limit for the submission of a request for
a request for a supplementary statement of information cannot be appealed separately, but may
be challenged in the decision in the aliens' procedure.
(4) The client or his/her authorised representative and, in cases specified by law, the employer
may also comply with the request for a notification of deficiencies communicated to him/her via
the electronic platform for the opening of aliens' files. A deficiency report submitted by electronic
means shall be deemed to have been received by the aliens' registration authority on the working
day following that on which it is received by the aliens' registration authority.
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(5) No data other than the data necessary to identify the customer may be requested from the
customer,
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which is public, or which is by law established by law public
must be included in a public register.
106. Rejection of the application without examination of the merits
170. §
The immigration authority shall reject the application within eight days without examining the merits
if.
a) the immigration authority has no jurisdiction or is not competent and the application cannot
be referred,
b) the request is for a manifestly impossible purpose or there is no legal basis for complying
with the request,
c) the legislation s ets a time limit or deadline for making the request and the request is late
or the request is premature,
d) the immigration authority has already examined the merits of the application and a new
application for the same right has been submitted with the same facts and legal regime,
e) the request is manifestly not from the person entitled to make it, or
f) the domestic submission of the application is not permitted by this Act.
107. Termination of the procedure
171. §
(1) The aliens policing authority shall terminate the proceedings if.
a) the client fails to make a statement in response to a request from the aliens' registration
authority or fails to submit the documents requested by the aliens' registration authority
within the time limit, failing which the application cannot be examined,
b) the applicant did not appear before the aliens' registration authority despite being informed
or summoned to do so by the aliens' registration authority and failed to excuse his/her
absence in advance or as soon as the circumstances preventing him/her from appearing had
ceased to exist, and thus obstructed the clarification of the facts,
c) the decision on the merits of the case depends on a preliminary ruling on a question which
falls within the competence of a court or other body (hereinafter referred to as a
preliminary question) and the client does not comply with the request of the immigration
authority to initiate proceedings,
d) the procedure has become devoid of purpose,
e) the procedure was initiated on request and the client's request was withdrawn,
f) the client fails to meet the obligation to advance the costs of interpretation, translation or
expert services,
g) a fee or an administrative service charge is payable for the administrative procedure and the
customer fails to pay within the time limit set, despite being requested to do so by the
immigration authority,
h) in the ex officio aliens proceedings, the facts could not be clarified to the extent necessary
for a decision to be taken, and no further procedural steps could be expected to produce
results,
i) the ex officio aliens procedure did not reveal any infringement,
j) the proceedings shall be terminated on the grounds of Section 163 or Section 178 (4),
k) should have been refused without an examination of the merits, but the reason for this was
brought to the attention of the immigration authority after the procedure had been opened.
(2) The customer shall be entitled to the exemption provided for in paragraph 1(b) on the day
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following the day of the summons or on the
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t h e day after the circumstances preventing him from attending have ceased to exist. No excuse
shall be granted after five days from the date on which the person was required to appear in
person.
108. Stay of proceedings
172. §
(1) The aliens' registration authority shall suspend the proceedings if the decision on the merits of
the case depends on a preliminary ruling on a question on which the proceedings fall within the
competence of another body or cannot be reasonably decided without a decision of the same
authority in another case closely connected with the case in question.
(2) The aliens police authority will also suspend the procedure if the case has to be referred to a
foreign body.
(3) No request for suspension of the proceedings may be made by the client or his representative.
(4) All time limits are suspended during the suspension of the procedure, and resume when the
suspension is lifted. The duration of the suspension may not exceed the objective time limit laid
down by law for each procedure.
(5) All procedural steps taken during the period of suspension shall be null and void, except those
aimed at removing the ground for suspension.
(6) No appeal may be lodged against the order staying the proceedings.
(7) If the client has the right to initiate proceedings before a court or other body, the aliens'
authority shall invite him or her to do so, setting an appropriate time limit.
109. The time limit and the calculation of the time limit
173. §
(1) Unless otherwise provided for by law or government decree, the time limit for the
administration of aliens' proceedings is 21 days. The time limit starts on the working day following
the day on which the application is received by the authority.
(2) In the case of proceedings instituted ex officio, the time limit for taking action shall begin on
the day on which the first procedural step is taken.
(3) The administrative deadline does not include

a) the duration of the designation of the competent immigration authority in proceedings for
the exclusion of an immigration authority,
b) the period from the date of the request to remedy the deficiency or to provide the
information necessary to clarify the facts until the date of its execution or until the expiry of
the time limit specified in the request without result,
c) the duration of the suspension,
d) unless otherwise provided in this Act or a Government Decree, the duration of the
administrative procedure,
e) the duration of the summons,
f) the duration of a breakdown or other unavoidable event that prevents the aliens policing
authority from functioning for at least one full day,
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g) the duration of the expert opinion,
h) with the exception of a request sent at the time of production or retention, the period from
the date of dispatch of the official request or decision until the date of its delivery, and the
period of publication of the notice,
i) in the event of a request for clarification of the facts by another body or department, the
period from the date of the request for the check until the date of receipt by the aliens
policing authority of the information on the results of the check.
(4) In the case of proceedings before the aliens' registration authority and the supervisory
authority competent to hear the appeal, and in the case of repeated proceedings, the time limit
for the processing of the case shall begin on the day following the date of receipt of all the
documents in the case by the authority competent to hear the proceedings. The aliens policing
authority shall be required to produce the file at the request of the supervisory authority.
(5) The head of the competent aliens' registration authority may, in justified cases, extend the
time limit for the administration of the case by a maximum of twenty-one days once. The client
shall be informed of this in the case of proceedings initiated on request.
174. §
If the last day of the time limit is a day on which the work of the aliens' registration office is
suspended, the time limit, including the time limit for the administration of the case, expires on the
next working day.
110. Request for verification
175. §
(1) The authority responsible for deciding on the request for verification is the aliens' authority in
the course of whose proceedings the failure occurred. The aliens policing authority which issued
the first instance decision shall decide on the request for verification for failure to comply with the
time limit for appeal.
(2) Unless otherwise provided by law, a request for verification may be submitted within five days
of the date on which the omission or the obstacle ceases to exist, but no later than thirty days
from the missed deadline or the last day of the missed deadline.
(3) If the aliens' registration authority has complied with the rules on notification of clients and
communication of the decision, there is no right to apply for a certificate of non-compliance with
the time limit for lodging an appeal on the grounds that the notification or communication of the
decision was not effected by post.
(4) There is no right of appeal against an order rejecting a request for certification, and the
rejection of a request for certification may be challenged in the context of an appeal against an
order rejecting the request without an examination of the merits.
(5) If the authority grants the request for certification, it does not issue a separate order.
111. The citation
176. §
(1) In urgent cases, a summons must be sent by short message - by telephone or e-mail or by
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special
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by delivery by hand - is also possible. This method of summons must be indicated in the documents.
(2) A minor under the age of 14 shall be summoned by the aliens' authority through his or her
legal representative with a request to appear. The aliens' police authority shall notify the legal
representative of the summons of a minor over the age of 14 even if he has been summoned on
the same day.
(3) A minor under the age of fourteen shall be subject to the provisions of Act CL of 2016 on the
General Administrative Procedure (hereinafter: Ákr.) No.60. § However, if the minor under the age
of fourteen who has been summoned as a witness fails to appear despite having been duly
summoned or has left without permission and his legal representative does not prove that he is at
fault for the minor's failure to appear or his absence, the legal representative may be fined a
procedural penalty.
112. Clarification of the facts and the client's declaration
177. §
(1) If the clarification of the facts so requires, the aliens' authority may invite the person
concerned to make a statement. The client may make a statement either orally or in writing. If the
client makes a statement orally, the acting aliens police authority shall take a record of it. If the
record cannot be made for objective reasons, the aliens' registration authority shall make a note
of the client's oral statement.
(2) If the client or his representative, despite the knowledge of others, untruthfully states or
conceals information relevant to the aliens' case, or if he fails to fulfil his obligation to provide
information in the scope of the mandatory information, he may be subject to a procedural fine,
unless otherwise provided for in this Act.
(3) During the procedure, the aliens police authority shall warn the client of his rights and
obligations and of the legal consequences of providing false, falsified or untrue evidence.
113. General rules for the administrative procedure
178. §
(1) In the procedures regulated by this Act, the Government shall designate a specialised
authority for the adjudication of certain matters in a Government decree issued for the
implementation of this Act.
(2) The acting immigration authority shall, at the same time as it requests the competent
authority, bring to the attention of the competent authority any facts or circumstances which may
affect the content of the competent authority's opinion. If such facts or circumstances come to the
knowledge of the determining authority after it has been requested to do so, it shall immediately
inform the determining authority.
(3) Unless otherwise provided for in this Act or in a government decree, the time limit for the
administration of the procedure by the competent authority is 15 days. The head of the
specialised authority may, in justified cases, extend the time limit for the administration of the
case by 15 days once, and the competent aliens' registration authority shall be notified thereof.
The period of time for the competent authority procedure shall not include the period of time for
the submission of a deficiency report pursuant to § 169, if the deficiency report relates to facts or
circumstances without which a substantiated competent authority opinion cannot be issued.
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(4) The competent authority shall notify the aliens' registration authority without delay of any
deficiency as referred to in paragraph 3. If the client fails to comply with the request to remedy
the deficiencies in the procedure initiated on the application, the specialised authority shall notify
the authority of the failure to remedy the deficiencies, which shall terminate the procedure if the
procedure cannot be continued ex officio.
(5) If the competent authority does not communicate its opinion to the competent aliens'
registration authority within the time limit set for the competent authority procedure, the consent
of the competent authority shall be deemed to have been given, unless otherwise provided by law
or government decree.
179. §
(1) If, after the competent authority has sent the opinion of the competent authority, any
information concerning the third-country national comes to its attention which justifies the
withdrawal of the previous consent of the competent authority, the competent authority shall
immediately send the new opinion of the competent authority to the competent immigration
authority.
(2) If the competent authority subsequently finds that its position infringes the law, it may amend
its position once until the decision of the immigration authority or the order terminating the
proceedings becomes final.
(3) The competent authority need not be consulted if the application is rejected without an
examination of the merits or if, within eight days of the submission of the application, the
competent authority determines that the application should be rejected irrespective of the
opinion of the competent authority.
(4) The opinion of the competent authority shall be binding on the competent aliens' registration
authority in respect of the matter.
(5) If the conditions for the cooperation of the competent authority are met, the acting aliens'
authority shall, unless otherwise provided by law or government decree, forward the data of the
third-country national as recorded in the central aliens' register to the competent authority. The
competent authority may inspect or make copies of the documents attached to the application.
(6) The authority may hear the applicant on the basis of a legal mandate to that effect.
(7) The provisions applicable to the authority shall apply mutatis mutandis to the competent
authority.
(8) The Authority's position

a) include the name of the competent authority,
b) contains the consent of the competent authority, the specific competent authority
requirement, condition or refusal of consent.
(9) The decision of the authority may be challenged in the context of an appeal against the decision
closing the procedure.
114. Means of proof - the document
180. §
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(1) The immigration authority may ask the client to produce documents or other evidence to
establish the facts.
(2) A public document issued abroad, or a private document authenticated by a foreign court,
administrative authority, notary or other person vested with public authority, if by law,
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unless otherwise provided by international treaty or reciprocal practice, it has the evidentiary
value under Hungarian law only if it has been diplomatically authenticated by the Hungarian
diplomatic mission in the country of issue. The aliens' registration authority may waive the
requirement of diplomatic supersec authentication by the Hungarian diplomatic mission or
consular post in cases specified by law. Unless otherwise provided by law, a document issued in a
language other than Hungarian may be accepted only if accompanied by a certified Hungarian
translation.
115. Means of evidence - the witness
181. §
(1) The fact of the aliens case can be proved by witnesses.
(2) A person summoned as a witness shall, except as provided in this Act, be required to give
evidence.
(3) In aliens proceedings, testimony may be refused if.

a) the witness would accuse himself or herself or a relative of having committed a criminal
offence, or
b) the witness is a person with diplomatic immunity.
(4) A person who is incapacitated or has limited capacity to act may be heard as a witness in
aliens' proceedings only if the evidence expected from his or her testimony cannot be replaced by
any other evidence.
(5) A person who, because of his mental or other condition, has a limited capacity to appreciate
the significance of refusing to testify may be heard as a witness in aliens' proceedings only if he
wishes to testify and his legal representative consents.
(6) In aliens' proceedings, the legal representative of a witness who is incapacitated or has limited
capacity to act may be present at the hearing.
(7) If there is a conflict of interest between the witness and the legal representative, the
guardianship authority will appoint an ad hoc guardian or an ad hoc guardian ad litem.
(8) Testimony taken in violation of Section 66 (2) of the Code of Criminal Procedure, as well as
testimony which the witness was not warned of his or her right under paragraph (3) prior to
making it, shall not be admissible as evidence in aliens' proceedings.
(9) If a witness, except for an incapacitated witness, fails to comply with the obligation to give
evidence despite being warned of the consequences, the aliens' police authority may impose a
procedural fine.
182. §
The aliens police authority may allow the witness to give written evidence after or instead of being
heard. In such a case, the witness shall write down and sign his statement in his own handwriting,
or the witness's statement, if otherwise written down, shall be authenticated by a judge or notary.
In the case of a witness who is incapacitated or has limited capacity, the written statement shall
also be signed by the legal representative or, in the case of a conflict of interest, by the guardian
ad litem or guardian ad litem. The giving of a written statement does not preclude the witness
from being summoned by the aliens' registration authority for questioning.
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116. Means of evidence - expert and interpreter
104
183. §
(1) For reasons of cost-effectiveness and simplification, the aliens' registration authority may,
with the consent of the client, allow any third party to act as interpreter, provided that the person
concerned also speaks a language that is undoubtedly common to the client.
(2) If the conditions are met and if justified by cost-effectiveness or security considerations, a
third-country national may be heard by means of a closed telecommunications network, provided
that the immediacy of the connection between the place of the hearing and the place where the
person to be heard or the interpreter is located is ensured by a device transmitting moving images
and sound simultaneously.
(3) If the interview is conducted via a closed telecommunications network, the legal
representative of the third-country national may be present at the place of the interview.
(4) At the beginning of the interview, the aliens' registration authority establishes the identity of
the interpreter. The acting aliens police authority shall ask the interpreter to declare his or her
relationship with the client and his or her ability to act without bias.
117. Consequences of obstruction and procedural penalties
184. §
In the cases provided for in this Act, a procedural fine may be imposed in the event of a culpable
breach of the obligation. If the client or other participant in the procedure otherwise acts in bad
faith, obstructing the aliens' proceedings, the authority may impose a procedural fine.
118. Minutes and note
185. §
In the case of audio and video recording, the aliens' registration authority shall, at the request of
the client, issue a record of the audio and video recording in accordance with Article 78(2) of the
Code of Criminal Procedure.
119. Rules of representation
186. §
(1) If the law does not require the client to act in person, unless otherwise provided by this Act,
a) Instead
aa) the legal representative,
ab) inHungary 90 days more than 90 days stay with a
right of residence a spouse who,
ac) dependent parent in the case of a in Hungary 90
days more than 90 days an adult child with the right of
residence or
ad) the person authorised by the client or his/her legal representative, spouse or, in the case
of a dependent parent, by his/her adult child, and
b) the client and his authorised representative
may act together.
(2) Application for a visa for a stay in Hungary not exceeding ninety days
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and in proceedings under Part Sixth, only the client or an authorised representative acting on his
behalf may act.
(3) In aliens proceedings, legal representation shall be understood to mean the activity of a lawyer
as defined by law, and legal representative shall be understood to mean the person entitled to
exercise the activity of a lawyer as defined by law.
(4) If the client is in immigration detention, only a legal representative may represent the client.
(5) If the client is not acting in person, the aliens' authority shall verify the representative's right to
represent the person acting. The authorised representative shall provide proof of his or her
entitlement to representation in the manner provided for in this Act.
(6) If the authorised legal representative is prevented from attending the proceedings, he or she
must ensure that he or she is replaced. No request for an extension of the time limit for the
submission of a statement of deficiencies may be made on the grounds that the authorised legal
representative is prevented from attending. The aliens' registration authority shall reject an
application submitted on this ground by order within five days.
187. §
(1) The power of attorney must be in the form of an authentic instrument or a private document
with full probative value. The authorisation shall be authenticated by the handwritten signature of
the authorised representative and the representative or, in the case of electronic authentication,
by the authentication of the document. In aliens' proceedings, a general authorisation covering all
matters cannot be granted; the authorisation must always be for a specific procedure.
(2) A power of attorney issued by remote identification in proceedings before an aliens'

registration authority cannot be used as proof of representation.
(3) If the power of attorney is entered in the register of dispositions, the client or the
representative acting as agent must refer to it during the procedure.
(4) The representative must attach his/her original authorisation or a certified copy thereof to the
documents at the time of the first contact.
(5) A power of attorney issued by a third-country national in Hungary must be accompanied by a

document proving the third-country national's residence in Hungary at the time of the power of
attorney.
(6) A power of attorney issued abroad shall be recorded in a public or a certified private document
and, unless otherwise p r o v i d e d by this Act, an international treaty or reciprocal practice, the
authenticity of the signature or the handwriting of the client on the private document shall be
certified by a consular certificate issued by the Hungarian diplomatic mission in the state where
t h e d o c u m e n t i s issued, and in the case of a public document, by a diplomatic
certificate in accordance with the rules on supersignature. A power of attorney issued in a
language other than Hungarian may be accepted only if accompanied by a certified Hungarian
translation.
(7) The authorisation may cover the entire aliens procedure or specific procedural acts.
(8) The authorisation covers the entire aliens procedure,
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and all statements and acts relating to the administrative proceedings.
(9) The termination of the authorisation by revocation, termination or death of the client is
effective from the date of notification to the authority.
188. §
(1) In the aliens' proceedings, the aliens' registration authority shall refuse the representative's
application if the representative
a) is manifestly unfit to represent you in aliens proceedings,
b) fails to prove his or her right of representation despite a request to do so, or the power of
attorney attached does not meet the requirements of this Act and is not certified despite a
request to do so, or
c) obstructs the clarification of the facts of the case by his or her conduct during the aliens'
proceedings, or seeks to delay the aliens' proceedings unduly, or otherwise substantially
impedes the proceedings.
(2) If the representative refuses, the authority will invite the customer to act in person or to
arrange for a suitable representative to act on his/her behalf. If the client does not arrange for a
suitable representative to represent him or her and does not appear in person, the aliens'
registration authority may terminate the aliens' registration procedure.
(3) The immigration authority shall decide on the refusal of the representative by means of an
order, against which an independent appeal may be lodged in the cases provided for in paragraph
1(a) and (c). In the case provided for in paragraph 1(b), the order shall not be subject to an
individual appeal and may be appealed against together with the decision or the termination
order of the aliens' registration authority.
(4) If the client has a representative and the client does not provide otherwise, the aliens'
authority shall send the documents to the representative, except for the summons to appear in
person. The authority shall simultaneously notify the representative of the summons to appear in
person.
XXIV. Chapter
Decisions of the immigration authority
120. Decision and Order
189. §
(1) The aliens policing authority shall, with the exception provided for by law, decide on the merits
of the aliens policing procedure, and shall decide on all other matters arising in the course of the
aliens policing procedure by means of an order.
(2) The competent immigration authority will either grant the visa application by issuing the visa
or reject it by decision.
(3) The competent aliens' registration authority shall either grant the application for a residence
permit by issuing a residence permit document or reject it by decision.
(4) Applications for national, temporary, EU residence cards are granted by the competent
immigration authority by issuing a long-term residence permit or by a decision to refuse it.
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(5) The aliens' registration authority shall record the decision in a separate document, in a report
or on the file.
(6) In the cases provided for in paragraphs 2 to 5, if the competent immigration authority grants
the application for a visa, residence permit, national, temporary or EU residence card in full, it is
sufficient to record the fact of the decision in the file. In this case, if a specialised authority has
been involved in the aliens' registration procedure, the aliens' registration authority shall notify
the specialised authority of its decision.
190. §
(1) The decision shall contain all the information necessary to identify the competent aliens'
authority, the client and the case, the operative part - information on the decision of the authority,
the position of the competent authority, the appeal and the costs incurred - and the statement of
reasons, including the facts established, the evidence, the reasons for the position of the
competent authority, the grounds for the assessment and the decision and the legal basis on
which it is based.
(2) A law or government decree may lay down further detailed rules on the content of the
decisions of the aliens policing authority in relation to specific types of cases.
(3) If the decision contains an obligation, a time limit or deadline for compliance must be set.
(4) The form and content of the decision on refoulement shall be governed by the provisions of
the Schengen Borders Code, while the form and content of the decision on refusal of a visa
application, annulment of a visa and revocation of a visa shall be governed by the provisions of the
Visa Code.
121. Notification of the decision
191. §
(1) The decision shall be communicated by the aliens' registration authority to the client, the
representative and the competent authority involved in the case. If the decision has been
communicated to both the client and the representative, the legal effects shall take effect from
the date of the previous communication.
(2) If the decision is entered in the case file, the aliens' registration authority shall inform the client,
the representative and the competent authority of its decision.
(3) The order shall be communicated by the aliens' registration authority to the person to whom it
applies and whose right or legitimate interest is affected.
(4) Decisions taken in aliens' proceedings shall, subject to the exceptions provided for in this Act,
be notified by service.
(5) Unless otherwise provided by this Act, the following must also be communicated orally to the
client in his or her mother tongue or in another foreign language which he or she understands
a) the decision;
b) the decision of the court in the administrative proceedings concerning the decision;
c) a court decision on the extension of detention, taken at a hearing or communicated by the
immigration authority ordering detention.
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(6) The immigration authority may also communicate the expulsion decision to the client present
by providing a translation of the operative part of the decision into a language understood by the
expellee. This method of communication may not be requested by the client.
(7) The fact and date of the oral communication shall be recorded in the minutes.
(8) The decision of the authority of second instance shall be notified by the authority of first
instance.
(9) If the client is in an unknown place, the decision and the order are notified by means of a
public notice, the operative part of the decision being published on the website of the immigration
authority. A guardian ad litem shall not be appointed.
(10) Decisions imposing an autonomous ban on entry and residence, expulsion decisions and
decisions imposing a ban on entry and residence on grounds of public policy, public security or
national security shall be deemed to have been notified on the date of publication.
(11) If, in the case of a foreign address, it is not possible to trace the postal service or if the first
service was unsuccessful, the decision and the order are notified in accordance with the rules on
publication of the notice.
122. Rules for delivery
192. §
(1) An objection may only be raised by a non-natural addressee or the customer's authorised legal
representative if service has not been effected properly.
(2) With the exception of aliens' proceedings involving a third-country national or a member of his
family who holds a national permanent residence permit in the national economic interest, no
person authorised to act as agent for service of documents may act in aliens' proceedings. The
legal representative shall act as agent for service.
XXV. Chapter
Certificate, identity card and registration
123. Authority certificate
193. §
(1) The official certificate is a decision.
(2) The aliens' registration authority shall, at the request of the client, issue an official certificate
attesting to the alien's status, indicating the purpose of the use.
(3) If the client requests verification of false information or information that the aliens'
registration authority does not have, the aliens' registration authority shall refuse to issue the
certificate.
124. Authority identification card
194. §
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(1) The official identity card decision.
(2) The aliens' registration authority shall issue an official identity card for the purpose of periodic
verification of the client's particulars or rights, in the cases and with the data specified by law.
(3) If the authority or official authorised to check the official card establishes that the official card
or the entry made on it is false or untrue, the official card will be forfeited for further action, and a
receipt will be issued.
125. Public registers
195. §
(1) The Aliens Police Authority shall keep official public records of the data specified by law, as
specified by law.
(2) Decision to register in the records kept by the Aliens Police Authority in accordance with the
law.
(3) Until proven otherwise, data entered in the records kept by the aliens policing authority under
the Act shall be presumed to exist and data deleted from the records kept by the aliens policing
authority under the Act shall be presumed not to exist.
XXVI. Chapter
Official control by the immigration authority
126. The purpose of official controls by the immigration authorities is to
196. §
(1) The provisions of this Act relating to aliens' proceedings shall apply to the control of the aliens'
authority by the aliens' authority, with the following exceptions.
(2) The Aliens Police Authority checks that the legal conditions are met in aliens' proceedings and
that third-country nationals are exercising their right of entry, exit and residence as provided for
by law.
(3) The purpose of the official control by the aliens' registration authority is to verify the fulfilment
of the conditions and obligations provided for by the law, and to discover and prove the facts,
circumstances and data necessary for the assessment of the proceedings pending before the
aliens' registration authority, and which provide the basis for the finding of an infringement or
abuse of rights in the framework of a separate procedure.
(4) The means of administrative control by the immigration authorities:

a) data provision, document presentation and other information
requesting, declaration by making a statement,
b) on-site inspection,
c) a request for an opinion or a request for a competent authority opinion.
127. The on-the-spot check
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197. §
(1) The immigration authority is entitled to carry out an on-the-spot check in order to clarify the
facts on which the right of residence is based for the purpose of the official check.
(2) In the course of the on-the-spot check, it is at the discretion of the immigration authority which
person, activity, conduct or circumstance to investigate in order to clarify the facts of the case.
(3) During the on-the-spot check, the aliens policing authority shall be entitled, in particular, to
a) the veracity of the declarations submitted,
b) the accuracy of the contracts, documents and records attached to the application,
c) the prospective and existing conditions and circumstances of employment of foreign workers,
d) the conditions for the legal employment of foreign workers,
e) circumstances and conditions relating to the operation of the business,
f) the conditions and circumstances of family life,
g) housing conditions and circumstances,
h) to examine the
conditions of livelihoods.
128. General rules for on-the-spot checks
198. §
(1) If it is necessary to inspect movable or immovable property (hereinafter together referred to

as "the object of the check") or to observe a person in order to clarify the facts, the aliens'
registration authority may order an on-the-spot check. The inspection shall be carried out within
twenty days of the request and the results shall be communicated to the applicant.
(2) The holder of the object of the inspection and the person referred to in paragraph 1 shall be
notified in advance of the on-site inspection, unless the effectiveness of the on-site inspection is
jeopardised, at least three days before the planned on-site inspection.
(3) If the holder of the object of the inspection is absent - if his/her presence is not necessary - this
does not prevent the on-site inspection from being carried out.
(4) Unless the holder of the subject of the check has been ordered to keep his or her natural
person identification data and address confidential, the customer may be present at the on-site
check.
129. Initiation and conduct of the on-the-spot check
199. §
(1) The immigration authority is authorised to carry out on-the-spot checks.
(2) The on-site inspection may be carried out between 8 am and 8 pm during the day, but the
aliens' registration authority may derogate from this in justified cases.
(3) During the on-site inspection, the person subject to the inspection and the owner or possessor
of the movable or immovable property must tolerate the inspection and must behave in a manner
that does not hinder the inspection.
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(4) The aliens' police authority is entitled to carry out an on-the-spot check at the home of a
private person if the property is the former, current or future residence, domicile, place of stay or
accommodation of the client or his/her relatives or if the client is likely to be found there.
(5) When carrying out an on-the-spot check, the member of the authority acting on its behalf may,
in particular
a) enter the area, building or other premises under inspection, or the premises necessary for
the inspection of a business, factory or other economic activity,
b) examine any document, object or work in progress,
c) a from the scene,movable, real estate, private person,its
activities, work processes, or to take photographs or to make audio or video recordings,
d) ask for information, or
e) to take further other evidence.
(6) A person who obstructs the conduct or the effective conduct of an on-site inspection may be
subject to a procedural fine.
130. Measures that may be taken by the aliens' registration authority during official checks
200. §
(1) In order to perform its duties under this Act and the Government Decree implementing this
Act, the Aliens Police Authority is entitled to.
a) the foreigner, or
b) other individuals, if the circumstances indicate that the individual is connected with the alien
or his or her conduct.
to ask for proof of identity.
(2) The verified person must provide credible proof of identity. Proof of identity is primarily
provided by means of an identity card, passport or residence permit. In addition, any document
which can be used to establish the identity of the person, except for foreign nationals, is
acceptable, and the authority may accept as proof the statement of another person present who
is known to be the person concerned.
(3) If, during the verification, the aliens police authority finds that the alien cannot prove his or her
lawful residence in Hungary, the aliens police authority may call on the assistance of the body
established to perform general police duties. The aliens may be detained on the spot by the aliens
policing authority until the body responsible for general police duties has left the country.
(4) Identification checks should last only for the time necessary to establish identity. During the
verification, the person to be verified shall be informed of the reason for the verification.
(5) If the client, his representative or the witness fails to comply with the obligation to appear in
person despite having been duly summoned and fails to provide adequate proof of his absence,
the head of the competent aliens' authority may order him to be produced. The prosecutor's prior
approval is required before a summons can be issued.
131. The rights and obligations of the immigration authority during official controls
201. §
112
(1) The person carrying out the official inspection must, without being specifically requested to do
so, prove himself or herself and his or her entitlement to carry out the inspection by means of a
service card before the inspection begins.
(2) During the inspection, the person carrying out the official inspection is obliged to evaluate the
facts, circumstances and data and, in the case of an ex officio aliens' procedure, to inform the
client of the findings of the inspection.
(3) In the course of an on-the-spot check, the aliens' registration authority is obliged to clarify and
prove the facts to the extent necessary to reach a decision, unless the law places the burden of
proof on the client.
(4) Means of proof and evidence include, in particular: the document, the expert opinion, the
statement of the client or his representative, the testimony of witnesses, the report of the on-site
inspection, notes, simplified report, electronic data or information from the records of other
authorities or publicly available.
(5) The immigration authority is also obliged to find facts in the client's favour when clarifying the
facts.
132. Rights and obligations of the customer during the official control
202. §
(1) The client is obliged to cooperate with the aliens' registration authority during the control,
and to ensure the conditions of the control during the official control.
(2) The customer is entitled to

a) verify the identity of the person carrying out the check,
b) be present at the inspection activities,
c) ensure that you are properly represented.
(3) The exercise of the customer's right under paragraph 2(c) shall not jeopardise the effective and
timely conduct of the official control.
(4) In aliens proceedings initiated on request, the client has the right to access the documents
generated during the official control.
(5) In the case of aliens' proceedings initiated from the Office, the client has the right to inspect
the documents generated during the official control, to request information on the findings, to
comment on them, to inspect the minutes and records, and to comment within 3 days after the
delivery of the minutes and records.
133. Recording of procedural acts
203. §
(1) A record shall be made of the oral request, if it is not complied with immediately, and of the
procedural steps taken to clarify the facts, if the conditions for such a record exist, or, in other
cases, a note shall be taken.
(2) If, at the place of the official check

a) there is no person who can be heard as a client or witness, or
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b) it is not possible to hear the persons present as clients or witnesses because of the particular
circumstances of the case, or
c) the foreign language used by the client or witness is not spoken by the administrator or an
interpreter cannot be provided,
the acting immigration official shall make a record of the official control.
(3) If the conditions for taking a report on the spot are not met, at least two official persons must
be present at the place of inspection to certify the information contained in the record made
afterwards.
(4) The record shall contain the place and time of its preparation, the data necessary for the
identification of the persons present at the scene of the procedural act, the substance of their
statements and the findings of fact relating to the clarification of the facts during the conduct of
the act. The record shall also contain a warning of rights and obligations.
(5) The note is signed by the two officials acting, the record is signed by the administrator acting
and by the persons involved in the procedural act.
(6) The aliens policing authority may make video and audio recordings of certain procedural acts.
In the case of such recording, only the data necessary for the identification of the persons involved
in the procedural act and the place and time of the recording shall be indicated in the record made
afterwards.
(7) The client and other parties to the aliens proceedings may consult the record by consulting the
file during the proceedings.
XXVII. Chapter 1
Proceedings of the Office
134. Different rules
204. §
(1) The provisions applicable to aliens proceedings instituted ex officio shall apply to aliens
proceedings instituted on application, subject to the derogations contained in this Chapter.
(2) If the aliens' registration authority detects a violation of rights or obligations regulated by law,
it shall, upon becoming aware of the circumstances giving rise to the initiation of proceedings,
initiate aliens' registration proceedings ex officio.
(3) The aliens policing authority shall also initiate aliens policing proceedings ex officio if.
a) has been instructed to do so by its supervisory body,
b) otherwise required by law.
(4) If ex officio aliens proceedings are instituted against a client who is not present before the
aliens police authority, the aliens police authority shall summon the client to appear before the
aliens police authority, stating the reasons for the summons. The summons shall be governed by
the provisions of this Act.
(5) A citation under paragraph 4 may be omitted only if

a) it would jeopardise the effectiveness of the procedure,
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b) the authority takes a decision on the substance of the case within eight days of the opening
of the procedure or terminates the procedure,
c) proceedings are initiated on grounds of national security, public policy or public security, or
d) the customer is not resident in Hungary.
(6) The alien policing authority shall inform the client who has appeared before the alien policing
authority of the grounds for, procedural rights and obligations of the alien policing procedure
initiated ex officio against him/her.
(7) In ex officio proceedings, the customer is obliged to provide the information necessary for a
decision on the merits when requested to do so by the authority. A law or government decree
may lay down legal consequences for failure to provide information or for providing false
information. The client may refuse to provide the information if he could refuse to give evidence
to that effect.
XXVIII. Chapter 1
Administrative
measures
135. The lock-in
205. §
(1) If the facts of the case cannot be clarified in any other way, or if this would entail considerable
delay, or if not taking the property into custody would jeopardise the success of the clarification of
the facts, the immigration authority is entitled to deprive the holder of the property of the
possession of the property (hereinafter referred to as "seizure").
(2) There is no right of appeal against an order of detention or against an order refusing a request
to lift detention.
206. §
To access the data stored in the object under lock and key, the aliens policing authority will call on
the assistance of an expert. If the data stored contain personal data, the aliens policing authority
may use and store them for the time and to the extent necessary to establish the identity of the
person concerned in the aliens policing procedure. The data stored in the object under lock and
key may not be deleted by the aliens policing authority and the expert used and shall be used for
the purpose for which it was intended in order to retrieve the data.
207. §
(1) If the object under arrest is a forged or falsified document or document, it may not be released
even after the aliens' proceedings have been concluded.
(2) Money seized from the customer may be retained to secure the obligation to pay the money.
(3) If the money seized from the customer cannot be returned to the customer through no fault of
his/her own, the aliens' authority shall dispose of the amount left after one year from the date of
the attempt to return it to the customer.
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XXIX. Chapter 3
Remedies and enforcement
objections
136. Rules on redress
208. §
In the appeal procedure, the provisions of this Act shall apply with the derogation provided for in
this Chapter.
209. §
(1) There is a right of appeal against the decision of the immigration authority, unless otherwise
provided by law.
(2) There is no right of appeal in residence permit procedures against the decision of the aliens'
registration authority to grant an application.
(3) An independent appeal against an order of the aliens' registration authority may be lodged if
this is permitted by this Act. Otherwise, the right to appeal against the order may be exercised in
the context of an appeal against the decision or, failing this, against the order terminating the
proceedings.
137. Appeal
210. §
(1) Unless otherwise provided by law or government decree, the appeal may be lodged within
fifteen days of the notification of the decision with the aliens' authority of first instance, unless
otherwise provided by law.
(2) An appeal against a decision on a residence permit or on an application for a mobility

residence permit or mobility research certificate by a student or researcher may be lodged within
eight days.
(3) The appeal cannot refer to new facts of which the client was aware before the decision was
taken. The appeal must be reasoned. The immigration authority is not bound by the grounds of
the appeal.
(4) There is a separate appeal

a) rejecting the application without examining the merits,
b) unless otherwise provided by this Act, the proceedings are terminated,
c) in relation to the payment obligation provided for in this Act,
d) the person imposing the procedural fine,
e) rejecting a request for certification for failure to comply with the time limit for appeal,
f) an order at first instance restricting or refusing access to the file
against.
(5) The first instance aliens' authority shall forward the appeal, together with the case file, to the
second instance authority within ten days of receipt of the appeal, or within fifteen days in the
case of proceedings by a specialised authority, unless the aliens' authority corrects, supplements,
amends or withdraws the contested decision in accordance with the appeal, or rejects the appeal
116
without examining the merits, and unless the appeal is submitted to the second instance authority
within ten days of receipt of the appeal, or within fifteen days in the case of proceedings by a
specialised authority, unless the appeal is
117
was withdrawn before. At the same time as the referral, the first instance aliens' registration
authority shall state its position on the appeal.
(6) If the client has submitted a request for rectification for failure to comply with the time limit for
appeal, the time limit starts to run after the decision granting the request becomes final. If the
appeal has been lodged with the aliens' registration authority competent to hear the appeal, the
time limit for lodging the appeal starts to run from the date of receipt of the appeal by the aliens'
registration authority which issued the first instance decision.
(7) The aliens' registration authority that issued the first instance decision sends the appeal to the
competent authority. If the appeal does not affect the opinion of the specialised authority, the
first-instance deciding authority shall refrain from sending the appeal to the specialised authority.
The competent authority may amend or withdraw its decision on the basis of the appeal.
(8) The time limit for deciding on an appeal against a decision is twenty-one days and the time
limit for deciding on an appeal against an order is eight days.
(9) If there is an appeal against the decision of the competent immigration authority and
a) there is not enough data to make a decision at second instance,
b) new facts arise after the first instance decision,
c) otherwise further clarification of the facts is necessary, or
d) the decision of the first instance authority is contrary to law,
the second instance aliens authority annuls the decision and may issue an order directing the first
instance aliens authority to start a new procedure, or it conducts the additional evidentiary
procedure itself and decides on that basis.
(10) There is no right of appeal against the first instance decisions of the aliens' registration
authority at second instance.
(11) The aliens' registration authority which issued the first instance decision rejects the application
without examining the merits
a) the late appeal,
b) an appeal from a person not entitled to appeal,
c) an appeal against an order which cannot be challenged in a separate appeal, and
d) an appeal lodged in breach of paragraph (3).
(12) If the customer submits a request for legal aid in the appeal procedure within the time limit
for the submission of a request for a statement of deficiencies pursuant to paragraph 13, the
decision of the authority of first instance shall be examined.
(13) The first-instance authority shall reject the appeal without examining the merits of the appeal
even if the client fails to pay the fees or charges for the appeal procedure within the time limit set,
despite being requested to do so by the first-instance authority, and does not obtain legal aid.
138. Enforcement objection
211. §
(1) If an enforcement objection is to be lodged under this Act, the enforcement objection may be
lodged with the first instance aliens' authority that issued the decision within twenty-four hours of
the notification of the decision.
(2) The enforcement objection to the enforcement of the return and to the removal
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has no suspensive effect.
(3) The third-country national may request the suspension of the enforcement of the removal in
an objection to enforcement lodged pursuant to paragraph (4) of Article 113.
(4) The enforcement objection lodged pursuant to paragraph 1 shall, unless paragraph 6 applies,
be forwarded by the first instance aliens authority within one day to the authority competent to
examine the enforcement objection, which shall examine the enforcement objection within eight
days. No appeal shall lie against the decision on the enforcement objection.
(5) If
a) there is insufficient information to enable the authority responsible for examining the
enforcement objection to reach a decision,
b) a new fact arises after the decision contested by the enforcement challenge has been taken,
c) otherwise further clarification of the facts is necessary, or
d) the decision of the authority which issued the decision challenged in the enforcement challenge is
contrary to law,
the authority competent to examine the enforcement challenge shall annul the decision and may
issue an order directing the aliens' authority which issued the decision challenged by the
enforcement challenge to initiate new proceedings in the case, or to conduct the additional
evidentiary procedure itself and decide on that basis.
(6) An enforcement challenge shall be rejected by the first-instance aliens' registration authority
which issued the contested decision without an examination of the merits if
a) is too late,
b) it was not submitted by the person entitled to raise an enforcement objection,
c) the client fails to comply with the statutory obligation to pay the enforcement objection fee
within the time limit set, despite being requested to do so by the first instance authority,
and is not granted legal aid.
139. The administrative procedure
212. §
(1) In administrative proceedings relating to aliens, the court shall give its decision within sixty
days of the date on which the application is received by the court, unless otherwise provided by
this Act. If the application becomes admissible on the merits only on the basis of an order of the
court, the starting date of the time limit shall be calculated from that date.
(2) With the exception of the procedure for establishing statelessness, the decision taken by the
aliens' registration authority may not be changed by the court.
XXX. Chapter
Rules for implementation
140. Enforcing the decision of the immigration authority
213. §
(1) If the client has not complied with the obligation contained in the final decision of the
immigration authority, the decision is enforceable. Unless otherwise provided by this Act,
enforcement shall be by order.
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(2) There is no right of appeal against the enforcement order.
(3) The immigration authority shall order enforcement ex officio.
214. §
Unless otherwise provided by law or government decree, the State Tax Authority shall enforce the
obligation to pay money ordered under this Act.
215. §
(1) Unless otherwise provided for in this Act, the obligation to pay a sum of money established by
law or implementing regulation shall expire three years after the last day of the period for
performance.
(2) A procedural fine cannot be enforced if one year has elapsed from the date on which the
decision imposing the procedural fine became final. The period of limitation shall not include the
period of deferment or payment by instalments of the procedural fine.
(3) The limitation period is interrupted by an action for enforcement of an unpaid procedural fine.
The limitation period starts to run again on the date of the interruption.
(4) No enforcement is possible after two years from the date on which the decision imposing the
procedural fine becomes final.
(5) The enforcement of an order against a third-country national subject to a prohibition on entry
and residence in an unknown place or abroad in respect of costs advanced by the Hungarian State
with an obligation to reimburse shall be suspended ex officio by the aliens' registration authority
until the entry and residence prohibition has been lifted.
216. §
(1) Any other obligation imposed by the immigration authority, which does not constitute an
obligation to pay money, shall expire five years after the decision on it becomes final.
(2) The limitation period for enforcement is interrupted by any act of enforcement.
(3) The limitation period is suspended during the period of suspension of enforcement.
(4) After ten years from the date specified in paragraph 1, the decision shall no longer be
enforceable.
217. §
The executing authority shall terminate enforcement if.

a) the claim is time-barred and the debtor applies for a stay of enforcement, or
b) no further enforcement action is expected to produce results.
XXXI. Chapter 3
Other procedural rules
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141. Legal costs, payment of legal costs and advance payment of legal costs
218. §
(1) Procedural costs are all costs incurred in the aliens' proceedings.
(2) The fees for aliens proceedings initiated on request are set by law.
(3) The costs of proceedings which no one may be required to pay shall be borne by the
competent aliens' registration authority.
(4) The costs incurred in the taking of evidence shall be advanced by the party requesting the
taking of evidence, with the exception of the costs referred to in paragraph 7.
(5) The authority decides on the advance payment as the costs are incurred, but if the costs
incurred are more substantial or if other circumstances justify it, the authority may order the
customer to deposit the amount expected to be needed to cover the costs with the authority in
advance.
(6) In aliens' proceedings, if no statutory administrative service fee has been determined, the
provisions of Act XCIII of 1990 on Fees shall apply.
(7) The applicant shall advance and bear the costs of the real estate expert appointed by the
aliens registration authority in the procedure for issuing the residence permit to a tourist investor.
142. Legal assistance
219. §
Third-country nationals must be given the opportunity to obtain legal assistance and to appoint a
legal representative in expulsion proceedings at their own expense. The authority shall assist with
legal advice, if necessary by providing an interpreter.
220. §
(1) A third-country national may, upon request, obtain free legal assistance as provided for by law
to challenge a decision to expel an alien in administrative proceedings.
(2) The immigration authority shall forward the request for legal assistance to challenge a final
expulsion decision to the legal assistance service without delay, together with a copy of the
expulsion decision, by electronic means of communication (in particular electronic mail).
143. Application of the General Tax Code
221. §
In the proceedings governed by this Act, the provisions of the Ákr.
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1. §§ 1-6,
2. § 15.
3. § 20 (1) and (4),
4. § 22,
5. § 23 (1) to (3) and (5),
6. §§ 24-28
7. §§ 33 and 34,
8. § 52(1) to (3), (5) and (6),
9. § 53 (1), (4) and (5),
10. § 54,
11. §§ 58-62,
12. § 66 (2),
13. § 67 (1) to (4) and (6),
14. § 71-73,
15. § 77 (2) and (3),
16. § 78,
17. Article 81(2)(a).
18. § 82,
19. § 84,
20. § 85 (5),
21. § 86,
22. § 88 (2),
23. §§ 90 and 91,
24. §§ 108-110,
25. §§ 113-115,
26. §§ 120-123,
27. § 131-136.
XXXII. Chapter
Specific procedural rules relating to certain residence permits
144. Specific procedural arrangements for visas for intended stays of no more than
ninety days
222. §
Visas for intended stays not exceeding ninety days are issued in accordance with the procedures
and conditions set out in the Visa Code.
223. §
(1) In cases determined by the Minister responsible for immigration and asylum, the Minister
responsible for foreign policy, the Minister responsible for the management of civilian national
security services and the Minister responsible for the management of civilian intelligence, in order
to protect public security and national security and to prevent and detect migration risk
assessment, abuse and fraud, as defined in the Visa Code, visas for intended stays not exceeding
ninety days may be issued only with the consent of the central visa authority.
(2) The central visa authority shall issue visas for intended stays of less than ninety days.
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must consult the central authorities of the Schengen States which request the consultation before
giving their consent to the issue of a visa.
(3) There is no right of appeal against a decision to grant an application for an intended stay visa
for a period not exceeding ninety days.
(4) A decision to refuse an application for an intended stay visa for a period of less than 90 days,
to annul a visa or to revoke a visa is subject to appeal.
(5) An administrative appeal may be brought against a decision rejecting the appeal.
(6) An appeal against a decision rejecting an appeal must be lodged within three days.
(7) The court will decide on the application in a simplified procedure within eight days of the date
on which the application is received by the court. The Metropolitan Court of Budapest shall have
exclusive jurisdiction. No appeal lies against the decision of the court. The competent aliens'
registration authority shall forward the application, together with the case file and the defence, to
the court without delay.
224. §
(1) A diplomatic mission or consular post of another Schengen State authorised to issue visas may
also issue visas for intended stays not exceeding ninety days on behalf of Hungary.
(2) A Hungarian diplomatic mission or consular post authorised to issue visas may also issue visas
on behalf of another Schengen state.
145. Applying for a residence permit in Hungary
225. §
Unless otherwise provided by law, the application for a residence permit of a third-country national
residing in Hungary may be granted if he or she fulfils the following conditions.
§ 17 (1) a) and c)-i), and
a) - with the exception of points (c), (e) and (f), as a national of a state listed in Annex II to
Regulation (EU) 2018/1806 of the European Parliament and of the Council or, if this Act
allows for the establishment of an additional residence title with regard to the residence of
the third-country national, as a family member of such third-country national, legally resides
in the territory of Hungary,
b) stays of more than ninety days for the purpose of research,
c) the application for a residence permit for self-employed visitors
(ca) you are applying for the first time as a national of a State listed in Annex II to Regulation
(EU) 2018/1806 of the European Parliament and of the Council; or
(cb) in possession of a valid residence permit for self-employed visitors, which would expire
the maximum period of residence allowed by this Act, including any extension, no more
than forty days before the expiry of the period of validity of the residence permit,
d) a third-country national residing legally in Hungary applies for a residence permit for a
foreign investor,
e) the application for a residence permit for employment purposes
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(ea) you are applying for the first time as a national of a State listed in Annex II to Regulation
(eb) in possession of a valid residence permit for employment purposes, which would expire
the maximum period of residence allowed by this Act, including any extension, and is
submitted no more than forty days before the expiry of the period of validity of the
residence permit,
f) an application for a residence permit for foreign workers
(fa) you are applying for the first time as a national of a State listed in Annex II to Regulation
(fb) in possession of a valid residence permit for foreign workers, which would expire the
maximum period of stay, including any extension, allowed by this Act, no more than
forty days before the expiry of the period of validity of the residence permit,
g) a third-country national legally residing in Hungary or holding a certificate pursuant to
Section 20 (1) (k) of Paragraph (1) submits an application for an EU Blue Card,
h) a third-country national who holds a residence permit issued by a Member State of the
European Union for the purpose of intra-corporate transfer applies for a residence permit
(long-term mobility permit) for the purpose of intra-corporate transfer and a family member
legally residing in Hungary with such a permit, provided that the residence permit issued by
the first Member State is valid,
i) third-country nationals holding a valid residence permit for job-seeking or business
purposes who apply for a Hungarian Card, an EU Blue Card or a residence permit for self-
employed visitors,
j) a third-country national residing in Hungary with a valid residence permit legally issued by a
Member State of the European Union and entitled to work in Hungary applies for a
residence permit for the purpose of posting,
k) a third-country national residing legally in Hungary applies for a residence permit in the
national interest,
l) a third-country national holding a valid research residence permit applies for a residence
permit for the purpose of seeking employment or setting up a business after having
completed his/her research activities,
m) a third-country national holding a valid residence permit for study purposes applies for a
residence permit for job-seeking purposes or for the purpose of setting up a business after
having successfully completed his/her studies,
n) a student holding a valid residence permit for the purpose of study issued by a Member
State of the European Union submits an application or notification for a student mobility
permit,
o) submits an application or notification for a short- and long-term mobility permit for
researchers holding a valid research permit issued by another Member State of the
European Union,
p) a family member who is legally residing in Hungary with a third-country national holding a
valid residence permit issued by another Member State of the European Union and who is a
family member of a third-country national holding a permit pursuant to point (o) submits a
notification or an application for a residence permit,
q) a third-country national holding a valid EU Blue Card issued by a Member State of the
European Union applies for an EU Blue Card,
r) an application for a residence permit for a family member holding a valid residence permit
issued by another Member State of the European Union who is legally residing in Hungary
together with a third-country national holding a permit pursuant to point (q)
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submit.
146. Conditions for the issue and renewal of residence permits and withdrawal of
residence permits
226. §
(1) The residence permit shall be refused or extended, unless otherwise provided for in this Act,
or the residence permit issued shall be withdrawn if the third-country national
a) does not comply with any of the conditions set out in points (a) and (c) to (i) of paragraph (1)
of Article 17,
b) has provided the determining authority with false information or false facts in order to
obtain the right of residence or has misled the determining authority as to the purpose of
residence,
c) suffers from a disease that endangers public health and does not undergo compulsory and
regular health care, or does not comply with the provisions of the Hungarian legislation in
force on health care during his/her stay in Hungary,
d) the family relationship was established for the purpose of obtaining a residence permit for
the purpose of family reunification, or
e) the number of residence permits issued to third-country nationals of the same nationality
would exceed the annual ceiling set by Government Decree.
(2) By way of derogation from paragraph 1, a third-country national who is the subject of an SIS
alert for the purpose of complying with an international obligation, on imperative humanitarian
grounds or in the national interest, may be issued with a residence permit or shall not have to
withdraw the residence permit issued to him/her.
227. §
(1) In addition to the cases specified in points b), c) and e) of Paragraph (1) of Article 226, the issue
or renewal of a residence permit for a foreign investor shall be refused if
a) the third-country national does not fulfil the conditions set out in points a), c), d), f)-i) of
b) the third-country national declares, after the issue of the visitor investor visa, that he or she
will not carry out the investment undertaken pursuant to Article 16 (2) (c) and (e) or that it is
likely, on the basis of the available data and facts, that he or she will not carry out the
investment,
c) § 22. for the performance of the investment undertaken pursuant to § 16 (2) (c) and (e)
(7) has expired without result,
d) in the case of an extension, the third-country national has not fulfilled the requirements of
Article 22(13).
(2) In addition to the provisions of paragraph (1), the issue of a residence permit to a tourist
investor shall also be refused if, according to a report prepared by a real estate expert appointed
by the aliens registration authority, there is a noticeable disproportion between the purchase
price and the value of the property.
(3) The residence permit for visiting investors must be withdrawn

a) in the cases set out in points (a) to (c) of paragraph 1, or
b) if it is likely, on the basis of the available facts and data, that the provisions of Article 16 (2) c)
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the investment undertaken under points (a) and (e) is not maintained for the period specified
in this Act.
228. §
(1) For the purpose of seasonal employment, the issue of a residence permit shall be refused in
the cases specified in points (a) to (c) and (e) of paragraph (1) of Article 226 also if the third-
country national
a) is unlikely, on the basis of the available facts and figures, to leave the territory of the
Member States of the European Union and the other Schengen States at the expiry of the
residence permit, or
b) have already held a residence permit issued for the purpose of seasonal work for six months
within a twelve-month period.
(2) The renewal of a residence permit for seasonal work shall be refused or the residence permit
issued for seasonal work shall be withdrawn, in addition to the cases specified in points (a) to (c)
and (e) of paragraph (1) of Article 226, if the third-country national has already held a residence
permit issued for seasonal work for six months within the twelve months preceding the
submission of the application.
(3) In addition to the cases provided for in paragraph 2, the aliens' registration authority may
refuse to renew a residence permit for seasonal employment or may revoke a residence permit
issued for seasonal employment if the third-country national has applied for recognition as a
refugee by the asylum authority or has requested temporary or subsidiary protection from the
asylum authority.
229. §
The issue or renewal of a residence permit for seasonal employment, a residence permit for
employment purposes issued for the purpose of carrying out a project, a residence permit for
employment purposes, a residence permit for guest workers and a National Card shall also be
refused if the application for the issue of a residence permit is not accompanied by a declaration
of the guest worker pursuant to Article 33(3).
230. §
(1) The issuance of the EU Blue Card shall be refused if the third-country national does not fulfil
any of the conditions set out in Article 37(2).
(2) The renewal of the EU Blue Card shall be refused or the EU Blue Card issued shall be
withdrawn, in addition to the case specified in point (e) of paragraph (1) of Article 226, if the third-
country national
a) does not meet or did not meet one of the conditions set out in points (a), (c) and (d) of
paragraph (2) of Article 37 at the time of issuance of the EU Blue Card,
b) you do not have the higher professional qualifications required for the job or the relevant
high-level professional qualifications required by law for a specified period,
c) his or her livelihood is not guaranteed in the territory of Hungary, unless the third-country
national is not in an employment relationship in such a way that the conditions set out in
points (e) or (f) are not met,
d) has provided the determining authority with false information or false facts in order to
obtain the right of residence or has misled the determining authority as to the purpose of
residence,
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or for a purpose other than that for which you are authorised,
e) has not been in employment for at least three consecutive months in the two years
following the issue of the EU Blue Card, or for at least six consecutive months after the
expiry of the two years following the issue of the EU Blue Card,
f) your employment has been terminated at least twice during the period of validity of the EU
Blue Card,
g) carried out work other than that previously authorised without prior written authorisation
in the two years following the issue of the EU Blue Card,
h) does not satisfy the condition under point (b) of paragraph (2) of Article 37 because
if) the employer has not fulfilled its legal obligations relating to social security, taxation,
employer's rights or working conditions, or
hb) the conditions for highly qualified employment in the occupational sector concerned are
no longer met,
and does not apply for a new employment relationship during the period granted by the
immigration authority in accordance with the law,
i) has failed to notify a change in the conditions specified in Article 37(2) or in Article 150(1)(a),
unless it proves that the competent authority did not receive the notification for reasons
beyond its control, or
j) does not fulfil the conditions set out in § 38.
231. §
(1) The issue or renewal of a residence permit for the purpose of intra-corporate transfer shall be
refused in the cases specified in points (b), (c) and (e) of paragraph (1) of Article 226(1), if
a) the third-country national does not fulfil the conditions set out in points a), c), d), f)-i) of
b) the host organisation was set up for the sole purpose of facilitating intra-company transfers,
c) the third-country national has already held a residence permit for intra-corporate
transferees for three years in the case of legally defined managerial and professional staff
and one year in the case of trainees.
(2) A residence permit issued for the purpose of an intra-corporate transfer shall be withdrawn in
the cases set out in paragraph 1(a) and (b).
(3) In addition to the cases provided for in paragraph 1(a) and (b), the aliens' registration authority
may refuse to renew a residence permit for the purpose of intra-corporate transfer or may
withdraw a residence permit issued for the purpose of intra-corporate transfer if the third-country
national has not respected his/her obligations laid down by law concerning mobility within the
European Union.
(4) An application for a residence permit (long-term mobility permit) for the purpose of intra-
corporate transfer by a third-country national who holds a residence permit issued by a Member
State of the European Union may be rejected by the aliens' registration authority if the third-
country national
a) does not meet the conditions set out in § 42,
b) in the case of Article 226(1)(b) or (1), or
c) a residence permit issued by a Member State of the European Union for the purpose of an
intra-corporate transfer has expired.
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232. §
(1) For the purposes of study, research, voluntary work or traineeship, the residence permit shall
be refused or renewed or the residence permit issued shall be withdrawn, in addition to the cases
specified in points (b), (c) and (e) of paragraph (1) of Article 226, also if
a) the third-country national does not fulfil the conditions set out in points (a) to (d) and (f) to
(i) of Paragraph (1) of Article 17, Paragraph (4), Article 44, Paragraph (1) of Article 54, Article
56, Article 59 and Article 65,
b) the host organisation is not legally accredited,
c) the host organisation is set up and operated primarily to facilitate the entry of third-country
nationals,
d) the host entity is or has been in liquidation under the laws and regulations relating to
insolvency proceedings, or is not engaged in business activities, or has not fulfilled legal
obligations relating to social security, taxation, employment rights or working conditions,
e) the real purpose of the third-country national's stay is different from that stated in his/her
application for entry and residence,
f) the third-country national has not declared any real accommodation data in Hungary.
(2) The aliens' registration authority may refuse to renew or may withdraw a residence permit for
study purposes if the student
a) fails to comply with the conditions under paragraph (8) of Article 54, or
b) does not obtain the diploma within one and a half times the period of study required for the
training and the qualification.
(3) If the conditions for refusal under paragraph 1(c) or (d) apply in the case of revocation or
renewal of a residence permit for study purposes, the student may, before the decision is taken,
provide evidence of having continued studies in the same field of study as his/her previous
studies.
(4) The renewal of a residence permit issued for the purpose of carrying out a voluntary activity
shall be refused or the permit issued shall be withdrawn if the host organisation has been
sanctioned for undeclared work or illegal employment as provided for in this Act or other
legislation.
233. §
(1) The aliens' registration authority shall object by decision to the notification for the purpose of
issuing a short-term mobility certificate for researchers within 30 days of receipt of the complete
notification, if
a) the notification is not submitted in the form and with the content specified in the legislation,
or the researcher does not meet the conditions specified in paragraph (2) of Article 45,
b) the researcher's stay endangers public policy, public security, national security or the public
health interests of Hungary,
c) the researcher has provided false information or false facts to the immigration authorities in
order to obtain a short-term mobility certificate for researchers, or
d) the maximum period of stay specified in paragraph 45 (1) has expired.
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(2) The aliens' registration authority shall issue a certificate of acceptance of the notification for
the purpose of issuing a short-term mobility certificate for researchers, containing the information
specified by law.
(3) The aliens' registration authority may object by decision to the notification of the family
member of the researcher pursuant to paragraph (3) of Article 45 within 30 days of receipt of a
complete notification, if
a) the conditions set out in paragraph (3) of Article 45 are not fulfilled,
b) the third-country national or the researcher has provided false information or false facts to
the competent immigration authority in order to obtain a short-term mobility certificate,
c) the family member's presence endangers public policy, public security, national security or
the public health interests of Hungary, or
d) the notification of the researcher for the purpose of issuing a short-term mobility certificate
was objected to by the immigration authority.
pursuant to paragraph (3) of Article 45, with the data content specified in the legislation.
(5) The immigration authority will refuse to issue a long-term mobility residence permit for
researchers if.
a) the application is not submitted on the form and with the data content specified in the
legislation, or the researcher does not meet the conditions specified in paragraph (2) of
Article 46,
c) the researcher has provided false information or false facts to the immigration authorities in
order to obtain a long-term mobility permit for researchers, or
d) the maximum period of stay specified in paragraph (3) of Article 46 has expired.
(6) The immigration authority shall revoke the long-term mobility permit for researchers if.
a) the researcher no longer meets the conditions set out in paragraph (2) of Article 46,
health interests of Hungary, or
c) in the case specified in paragraph (1) of Article 232.
(7) The aliens' registration authority shall reject the application for a residence permit of a
member of the researcher's family pursuant to paragraph (4) of Article 46 if
a) the conditions set out in paragraph (4) of Article 46 are not fulfilled,
b) the third-country national or the researcher has provided false information or false facts to
the immigration authorities in order to obtain a long-term mobility permit for researchers,
c) the family member's presence endangers public policy, public security, national security or
the public health interests of Hungary,
d) the researcher's application for a long-term mobility residence permit for researchers has
been rejected by the immigration authorities or his/her residence permit has been
withdrawn,
e) the researcher's residence permit issued in the first Member State has expired,
f) the period of residence specified in paragraph (3) of Article 46 has expired, or
g) in the case specified in paragraph (1) of Article 232.
(8) The long-term mobility residence permit for researchers issued to a member of the
researcher's family pursuant to Paragraph 46(4) may be revoked by the aliens' registration
authority if the researcher's family member
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has withdrawn his/her long-term mobility residence permit and the family member is not entitled
to stay in his/her own right.
234. §
(1) Within 30 days of receipt of a complete application for a mobility residence permit or
notification, the aliens' registration authority shall refuse to issue a student mobility residence
permit pursuant to Section 56(2) or shall object to the notification pursuant to Section 56(4) by
decision if
a) the application pursuant to paragraph (2) of Article 56 was not submitted on the form and
with the data content specified in the legislation, or the student does not meet the
conditions specified in paragraph (3) of Article 56,
b) the notification pursuant to paragraph (4) of Article 56 was not submitted on the form and
with the content specified in the legislation, or the student does not meet the conditions
specified in paragraph (5) of Article 56,
c) the student's stay endangers public policy, public security, national security or the public
d) the student has provided false information or false facts to the immigration authorities in
order to obtain a student mobility permit, or
e) the maximum period of stay specified in paragraph (6) of Article 56 has expired.
pursuant to Section 56(4), containing the information specified by law.
235. §
(1) The issue of a residence permit for the purpose of seeking employment or starting a business
shall be refused in the following cases
In addition to the case specified in point (e) of paragraph (1) of Article 226, if the third-country
national
a) does not meet the conditions set out in § 47 or § 55,
b) submitted the application after the statutory deadline.
(2) A residence permit for the purpose of seeking employment or starting a business shall be
withdrawn in accordance with Article 226.
(1)(e), even if the third-country national
a) the conditions set out in points (a), (f), (g) to (i) of paragraph (1) of Article 17 are no longer
met,
b) you have not declared real accommodation data in Hungary, or
c) does not prove that he or she has a real chance of finding a job or starting a business within
three months of the issue of a residence permit issued pursuant to § 47 or § 55.
236. §
The issue or renewal of a residence permit for official purposes shall be refused or the residence
permit for official purposes issued shall be withdrawn, in addition to the cases specified in points
a) to c) and e) of paragraph (1) of Article 226, if the third-country national does not fulfil the
conditions set out in Article 60.
237. §
The temporary residence permit shall be refused or the temporary residence permit issued shall be
130
withdrawn if the third-country national
131
a) fails to comply or no longer complies with the terms of the international treaty,
b) does not meet one of the conditions set out in points (h) and (i) of paragraph (1) of Article
17, or
c) one of the conditions set out in points (b) and (c) of paragraph (1) of Article 226.
238. §
The aliens' registration authority shall revoke the White Card, in addition to the cases provided for
in paragraph (1) of Article 226, if the third-country national
a) does not meet the conditions set out in paragraph (2) of Article 62 or in the case of
any of the circumstances set out in paragraph (3) of Article 62,
b) left the territory of Hungary for more than 90 days, or
c) works for or on behalf of a domestic employer or acquires a share in a Hungarian company.
239. §
The issue or renewal of a residence permit for medical treatment shall be refused or the residence
permit for medical treatment issued shall be withdrawn in accordance with Section 226 (1)
in addition to the cases set out in points a) to c) and e), even if the third-country national does not
fulfil the conditions set out in § 64.
240. §
In the cases referred to in points (b), (d) and (e) of paragraph (1) of Article 226, the issue or
renewal of a residence permit applied for for the purpose of family reunification may be refused
or the residence permit issued may be withdrawn.
241. §
A residence permit issued for humanitarian purposes may not be renewed or shall be withdrawn,
notwithstanding the provisions of paragraph (1) of Article 226, if
a) the circumstances justifying its release no longer exist;
b) the third-country national has provided false information or false facts to the competent
authority in order to obtain the right of residence;
c) the revocation is initiated by the authority or body requesting the extradition, for the reason
set out in point (a) or for any other reason.
147. Rules for the issue and renewal of a single permit
242. §
(1) The residence permit shall be issued or renewed, except in the cases provided for in paragraph
4, in the framework of a single application procedure where the third-country national
a) a residence permit for seasonal work,
b) a residence permit issued for the purpose of work on an investment project,
c) a residence permit for employment purposes,
d) a residence permit for foreign workers,
e) National Card,
f) Hungarian Card,
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g) EU Blue Card,
h) an intra-corporate transfer residence permit,
i) a residence permit for research purposes,
j) short-term mobility certificate for researchers,
k) a long-term mobility permit for researchers,
l) the Company Card pursuant to points b) and c) of paragraph (2) of Article 48, and
m) submits an application for a residence permit issued in the national interest
pursuant to Article 67(2).
(2) A residence permit is also issued or extended under a single application procedure if the third-
country national intends to establish an employment relationship in accordance with the
employment rights defined in this Act and
a) a humanitarian residence permit pursuant to points a), e) and f) of paragraph (1) of Article 70,
b) submits an application for a residence permit issued for the
purpose of family reunification.
(3) A residence permit is also issued or extended under a single application procedure if the third-
country national intends to establish an employment relationship in accordance with the
employment rights defined in this Act and
a) a residence permit issued to ensure family reunification,
b) the Corporate Card pursuant to point a) of paragraph (2) of Article 48,
c) a residence permit issued for humanitarian purposes pursuant to paragraph 70 (1) (a), (e)
and (f), or
d) holds a residence permit issued in the national
interest.
(4) The single application procedure is not applicable

a) a person with the right of free movement and residence as defined by law,
b) a third-country national covered by Directive 96/71/EC of the European Parliament and of
the Council who is posted to Hungary,
c) third-country nationals intending to reside or staying in Hungary as au pairs or seafarers,
d) a third-country national who has applied for recognition as a refugee or has requested
temporary or subsidiary protection from the asylum authority,
e) a person who has been recognised as a refugee or granted temporary or subsidiary
protection by Hungary, except when applying for an EU Blue Card,
f) to the recipient,
g) a third-country national who holds an EU residence permit validating his/her long-term
resident status issued by another EU Member State,
h) a third-country national whose purpose of residence is to pursue an activity as a self-
employed person for remuneration in accordance with the law,
i) a third-country national whose purpose of residence is to pursue studies, and
j) third-country nationals who wish to enter and stay in Hungary for a short period.
(5) In the procedure referred to in paragraphs 1 to 3, the aliens policing authority shall issue a
residence permit
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issued as a single licence.
(6) The aliens' registration authority may issue a single permit under the single permit procedure - for
(7) may, with the exception provided for in paragraph 1, issue a visa if the third-country national
a) his or her employment is supported by the competent government office of the place of
employment in first instance proceedings, or by the Minister responsible for the
employment of third-country nationals in Hungary in second instance proceedings, on the
basis of criteria defined by law and in the interest of domestic employment policy, or is
exempted from such examination by law, and
b) meets the residence conditions laid down by law.
(7) In the consolidated application procedure, the Government Office and the Minister
responsible for the employment of third-country nationals in Hungary do not act as the specialised
authority if the third-country national
1. applies for a residence permit for a foreign worker,
2. applies for the issue or renewal of a residence permit for the purpose of work on an
investment project,
3. applies for the issue or renewal of a National Card,
4. is employed on the basis of a postdoctoral employment application and the Bolyai János
Research Fellowship, under the application and the fellowship,
5. a church person as defined in Article 12 (1) of Act CCVI of 2011 on the Right to Freedom of
Conscience and Religion and on the Legal Status of Churches, Religious Associations and
Religious Communities,
6. conducts research activities which, according to a certificate issued by the Hungarian
Academy of Sciences, fall within the scope of an international treaty concluded between
Hungary and another state,
7. conducts research in Hungary under a hosting agreement with an accredited research
organisation in accordance with the provisions of the Government Decree on the
accreditation of research organisations hosting third-country national researchers and on
hosting agreements,
8. a professional sportsperson who pursues his/her sporting activities in the context of employment,
9. a professional coach who provides coaching for sporting activities,
10. the States Parties to the NATO SOFA Article I, point 1 of the NATO SOFA
(a) and (b) and who is on duty in the territory of Hungary,
11. the family member of a third-country family member of a family member of a third-country
family member as defined in § 71, provided that he or she has been legally residing in
Hungary for at least one year prior to the application for a residence permit submitted in the
single application procedure with a valid residence permit issued for the purpose of ensuring
family cohabitation and the employment of the family member is unauthorised,
12. a family member of a person recognised as a refugee, a person granted subsidiary
protection or the parent or, failing that, the guardian of an unaccompanied minor
recognised as a refugee, provided that he or she holds a valid residence permit issued prior
to the application for a residence permit under the single application procedure in order to
ensure family reunification,
13. applies for a residence permit pursuant to Section 95 (16) of the Residence Act,
14. applies for a residence permit as a family member of a Hungarian national,
15. applies for a residence permit issued in the national interest pursuant to Article 67(2).
(8) The employer
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a) the issue or renewal of a residence permit for seasonal work, and
b) on the issue of a residence permit for foreign workers
shall, prior to the consolidated application procedure, notify its labour needs for the purpose
of filling the given job or jobs and submit its application for the facilitated mediation procedure
specified in the Government Decree on Employment Promotion Services and Subsidies to the
public employment service, pursuant to Section 3 (3) of Act CXXXV of 2020 on Employment
Promotion Services and Subsidies and on Employment Supervision.
(9) An application for a residence permit as referred to in paragraph 8(b) shall be accompanied by
a certificate issued by the public employment service on the declaration of labour needs and the
result of the facilitated mediation procedure.
XXXIII. Chapter
Procedures relating to statelessness
148. Procedure for establishing statelessness
243. §
(1) The procedure for the determination of statelessness shall be initiated upon application to the
aliens' registration authority by an applicant residing in the territory of Hungary, which may be
made orally or in writing by the applicant for recognition as a stateless person (for the purposes of
this Chapter: the applicant).
(2) The aliens' registration authority must record the oral application.
(3) When the application is lodged, the aliens' registration authority shall inform the applicant of
his/her procedural rights, obligations, the consequences of non-compliance and the
accommodation designated.
(4) Acknowledgement of the information shall be recorded in minutes.
244. §
(1) The applicant must attend the procedure in person and must be heard.
(2) The applicant may use his/her mother tongue or a language he/she understands, orally and in
writing, in the procedure.
(3) The applicant should be given the opportunity to seek legal assistance.
245. §
(1) An application for a declaration of statelessness shall be rejected by decision if the applicant
a) is covered by Article 1(2) of the Convention relating to the Status of Stateless Persons,
adopted at the United Nations in New York on 28 September 1954, promulgated by Law II of
2002,
b) has deliberately renounced his or her nationality with a view to obtaining stateless status, or
c) their presence in Hungary is prejudicial to or endangers the national security of Hungary.
135
(2) The immigration authority shall terminate the procedure if the applicant
a) dies;
b) withdraws its request in writing;
c) fails to appear at the personal interview after a repeated written request and to excuse
his/her absence;
d) left for an unknown destination, thereby frustrating the proceedings.
(3) The determining authority will decide on the application for recognition of statelessness within
45 days.
(4) In the procedure for the determination of statelessness, the statutory authority shall give its
opinion to the competent aliens police authority within twenty days on the technical question of
whether the third-country national endangers the national security of Hungary.
246. §
(1) In the procedure for establishing statelessness, the applicant must prove or establish the
likelihood of his/her statelessness, in particular by:
a) your place of birth,
b) your previous place of residence or domicile, and
c) the country of nationality of the members
of his/her family or parents.
(2) In the procedure under paragraph (1), the aliens' registration authority shall, upon request,
provide administrative assistance through the Hungarian diplomatic missions and consular posts.
247. §
(1) There is no right of appeal against a decision taken in the course of a procedure to establish
statelessness.
(2) The decision can be challenged in an administrative appeal within fifteen days. T h e
authority shall send the statement of claim, together with the case file and the defence, to the
court without delay.
(3) The Metropolitan Court of Budapest has exclusive jurisdiction. The court shall give its decision
on the application within ninety days of the date on which the application is received by the court.
The court may hear the applicant in person at the hearing.
(4) The procedure to establish statelessness is free of charge.
248. §
A representative of the United Nations High Commissioner for Refugees may take part in the
procedure for determining statelessness at any stage. In this context
a) be present at the hearing of the applicant;
b) may provide administrative assistance to the applicant;
c) have access to the documents of the proceedings and can make copies of them;
d) the immigration authority sends the administrative or judicial decision.
149. Review of the conditions for establishing statelessness
136
249. §
(1) Stateless status shall be withdrawn if the stateless person

a) voluntarily regained his lost nationality;
b) acquired a new nationality;
c) his or her status has been established despite the existence of a ground for exclusion under
Article 245(1), or such a ground for exclusion exists against him or her;
d) the conditions for recognition were not met at the time the recognition decision was taken;
e) in the course of the procedure for establishing statelessness, has omitted to disclose a
material fact or facts, or has made an untrue statement of such fact or facts or has used false
or falsified documents, provided that the finding of statelessness was substantially affected.
(2) In the procedure for revocation, the provisions of Articles 243 to 248 shall apply mutatis
mutandis.
(3) The competent immigration authority will decide within 45 days on the review of the stateless
person status.
PART TWELVE
Rules on the processing of data of third-country nationals
150. General rules
250. §
For the purposes of this

Part:
a) European Border Management System: border management system within the meaning of
Article 1(1) of Regulation (EU) 2017/2226 of the European Parliament and of the Council;
b) ETIAS: European Travel Information and Authorisation System as referred to in Article 1(1)
of Regulation (EU) 2018/1240 of the European Parliament and of the Council;
c) natural person identification data:
ca) surname and first name(s);
cb) surname(s) and given name(s) at birth;
cc) previous surname and first name(s);
cd) place and date of birth;
ce) no;
cf) mother's maiden name(s) and surname(s);
cg) nationality(ies) or stateless status;
d) EU information systems: information systems within the meaning of Article 4(15) of
Regulation (EU) 2019/817 of the European Parliament and of the Council and Article 4(15) of
Regulation (EU) 2019/818 of the European Parliament and of the Council;
e) Water Information System: the Water Information System established by Council Decision
2004/512/EC;
f) Visa Code: Regulation (EC) No 810/2009 of the European Parliament and of the Council.
251. §
Personal data of third-country nationals registered under the law for the purposes of
identification, verification of the authenticity of documents, determination of the duration of legal
residence and prevention of duplication of procedures.
137
in the sub-registers of the Central Aliens Register.
252. §
(1) In the case of linked residence titles for the purpose of proving the residence of a third-
country national in Hungary or in the territory of a Member State of the European Union and for
the exercise of the rights attached thereto, data processing shall last for the period of time
specified in relation to the most recent residence title.
(2) For the purposes of paragraph 1, a linked residence title shall mean any residence title which
is a condition or consequence of each other, in particular the extension of a residence permit,
shorter residence titles defined as a condition for acquiring permanent residence, provided that
they are linked in time.
253. §
The aliens policing authority may entrust the data processing tasks related to the central aliens
policing register only to a public administration body or an economic entity wholly owned by the
State.
151. Aliens sub-registers
254. §
(1) The aliens' registration authority shall process the following data of the third-country national
on the basis of the application for a visa and the visa or visa replacement permit issued
(hereinafter jointly referred to in this § as "visa"):
a) natural person identification data;
b) the portrait;
c) the identification data of the travel document;
d) purpose of entry and intended duration of stay, country of former habitual residence;
e) data contained in the documents proving the conditions of entry and stay;
f) the fact and reasons for refusal to issue or renew the visa and for withdrawal of the visa;
g) the number of the visa issued (extended), its period of validity and its territorial validity;
h) time of entry and exit, place of border crossing, next country of usual residence;
i) address of the accommodation;
j) the technical contact number assigned to the facial image, as defined in the Act on the Facial
Image Analysis Register and the Facial Image Analysis System;
k) the name and address for service of the representative authorised by the third-country
national.
(2) The data referred to in paragraph 1 shall be processed by the aliens' registration authority
from the date of refusal of the visa application or, in the case of an issued (extended) visa, for a
period of five years after the expiry or revocation of the visa.
(3) Under Chapter VI of the Visa Code, at a road, air or water border crossing point in Hungary
138
in the case of an application for a visa, the aliens' registration authority which records the
applicant's fingerprints shall transmit the fingerprint data to the aliens' registration authority
responsible for examining the visa application for the purpose of entering them into the Visa
Information System (VIS) by the aliens' registration authority responsible for examining the visa
application, in accordance with Article 9 of Regulation (EC) No 767/2008 of the European
Parliament and of the Council (hereinafter referred to as the VIS Regulation).
(4) The fingerprint data shall be processed by the aliens' registration authority which records the
applicant's fingerprints only until the fingerprint data is forwarded to the aliens' registration
authority responsible for examining the visa application. It shall delete the fingerprint data
without delay thereafter.
(5) The fingerprint data shall be processed by the aliens' registration authority responsible for
examining the visa application only until the fingerprint data is entered into the Visa Information
System. It shall delete the fingerprint data immediately thereafter.
(6) The aliens' register shall constitute a public register in respect of the data referred to in
paragraph 1.
255. §
(1) The fingerprint of the third-country national may be recorded by the aliens' police authority
for the purpose of comparison with the data stored in the Visa Information System for the
purposes of verification under Articles 19 and 20 of the VIS Regulation.
(2) The fingerprint data recorded for the purpose specified in paragraph 1 may be processed by the
aliens' registration authority only for the purpose of carrying out a search in accordance with
Articles 19 and 20 of the VIS Regulation until its completion, after which it shall be deleted without
delay.
256. §
(1) On the basis of the application for a residence permit, the mobility notification and the issued
residence permit and mobility certificate, the aliens' registration authority shall process the
following data of the third-country national:
b) the portrait;
c) the identification data of the travel document;
d) the purpose of your stay;
e) the fact of rejection of the application for the issue or renewal of a residence permit or a
mobility certificate, or of the objection, as well as the reasons for the withdrawal of the
residence permit or mobility certificate;
f) the number, serial number and expiry date of the issued (extended) residence permit and
mobility permit;
g) address of the accommodation;
h) the planned length of stay;
i) the country of former habitual residence;
j) data on qualifications and education;
national,
l) data contained in the documents proving the conditions of entry and stay;
m) the date of first entry and last exit;
139
n) a facial image and fingerprints in accordance with Council Regulation (EC) No 1030/2002,
Council Regulation (EC) No 380/2008 and Regulation (EU) 2017/1954 of the European
Parliament and of the Council;
140
o) the technical contact number assigned to the facial image, as defined in the Act on the Facial
p) data relating to the delivery of the residence permit document.
(2) The information specified in paragraph 1(l):

a) data provided by the third-country national in support of his/her application,
b) in the single application procedure
ba) the employer's details (name, address, registered office, establishment, type of business,
tax number, KSH number, TEÁOR number),
bb) the place of work,
bc) the occupation (FEOR number), and
bd) the duration of the employment relationship,
c) the knowledge required for the job (professional experience, skills, specialised knowledge,
qualifications, language skills),
d) details of the educational institution or host organisation.
(3) The data specified in paragraph (1) shall be processed by the aliens' registration authority,
with the exception of paragraph (4), from the date of refusal of the application for a residence
permit or of an objection to a mobility notification, or, in the case of a residence permit or
mobility certificate issued (extended), until the end of the fifth calendar year following the expiry
or withdrawal of its validity.
(4) Az (1) bekezdés n) pontjában meghatározott adatokat az idegenrendészeti hatóság a

tartózkodási engedély iránti kérelem tárgyában hozott véglegessé vált és végrehajtható döntésig,
illetve a 70. §
(1) (a), (b) and (d) to (f) until the issue of a humanitarian residence permit, after which it shall
delete it without delay.
(5) The aliens register shall be a public register in respect of the data referred to in paragraph 1(a)
to (j) and paragraph 2.
257. §
The aliens' registration authority shall process the facial image and fingerprint data recorded for the
purpose of issuing the local border traffic permit in accordance with Council Regulation (EC) No
1030/2002 and Council Regulation (EC) No 380/2008 until the decision on the application for the
local border traffic permit becomes final and enforceable, after which it shall be deleted without
delay.
258. §
in connection with the temporary residence certificate:
b) the portrait;
c) the number, serial number and expiry date of the temporary residence permit issued
(extended);
d) address of the accommodation;
e) the identification data of the travel document;
f) the reason for issuing the temporary residence certificate;
g) the renewal of the temporary residence permit and the fact of its withdrawal, and the
reasons for it;
141
h) the facial image, the facial image analysis register and the facial image analysis system
142
technical contact number as defined in the Act.
(2) The data specified in paragraph (1) shall be processed by the aliens' registration authority
until the fifth calendar year following the expiry or withdrawal of the validity of the temporary
residence permit (extended).
(3) The aliens' register shall be a public register in respect of the data referred to in points (a) to
(d) of paragraph 1.
259. §
in relation to an application for an immigration permit and a residence permit, a temporary
residence card, a national residence card or an EU residence card issued and an application for a
temporary residence permit, a national residence permit, an EC residence permit or a temporary
residence card, a national residence card or an EU residence card issued:
b) the portrait;
c) the fact of refusal or withdrawal of an application for the issue of a licence;
d) the number, serial number and expiry date of the licences issued (renewed);
e) the identification data of the travel document;
f) the particulars contained in the documents certifying the conditions under which the licences
are issued;
g) date of first entry and final exit, country of previous usual residence, country of next usual
residence;
h) your first registered address in Hungary;
i) a facial image and fingerprints in accordance with Council Regulation (EC) No 1030/2002 and
Council Regulation (EC) No 380/2008;
j) the technical contact number assigned to the facial image, as defined in the Act on the Facial
national.
(2) The data referred to in paragraph 1 shall, with the exception of paragraph 3, be kept by the
aliens' registration authority for a period of ten years from the date of refusal of the application
for a permit or from the date of termination of the status.
(3) The data referred to in point (k) of paragraph 1 shall be processed by the aliens' registration
authority until the decision on the application for a permit has become final and enforceable, after
which it shall be deleted without delay.
260. §
(1) The diplomatic mission or consular post of Hungary and the aliens' registration authority
process the following data of third-country nationals applying for a travel document or a single
entry document:
b) the number of the document certifying the right of permanent residence, stateless status
and the period of validity of the document,
c) the facial image and handwritten signature of the third-country national,
d) the type, number and expiry date of the travel document issued,
e) information on the replacement or replacement of the travel document,
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f) the unique identification code of the staff member carrying out the passport authority
procedure,
g) the address of the third-country national's accommodation or residence, and
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your e-mail address and telephone number, if you consent,
h) the identity details, personal identification number, official identity card number and
handwritten signature of the legal representative of the minor and of the third-country
national who is a ward of the court or of the court or of the court of a third country national
who is a ward of a court or of a third country national who is a ward of a court or of a third
country national who is incapacitated,
i) in the case of minors, the details of the declaration of consent to travel abroad and the
details of the final decision confirming the termination or suspension of parental rights, the
name of the court or authority, the case number, the date of the decision, the duration of
the suspension and the starting date of the termination,
j) data relating to the management of SIS alerts to be placed in the Schengen Information
System,
k) the fact that the travel abroad restriction has been imposed or lifted,
l) the reasons for refusing the application for a travel document.
(2) The data referred to in paragraph 1 shall be processed by the aliens' registration authority
from the date of refusal of the application for a travel document or, in the case of a travel document
issued, for 10 years after the expiry or withdrawal of its validity.
(3) The aliens' register shall be a public register in respect of the data referred to in points (a) to (f)
of paragraph 1.
261. §
(1) The aliens' registration authority shall process the following data of third-country nationals
who report the loss or theft of their travel document or residence document:
b) the type and identification data of the travel document or residence document reported as
lost, stolen or destroyed, and the fact that an SIS alert has been issued in the Schengen
Information System;
c) the date of notification;
d) the number, validity and issuing authority of the residence document;
e) the type, number and validity of the new travel document;
f) the name of the body receiving the notification.
(2) The aliens policing authority shall keep the data referred to in paragraph 1 until the document
is found or, failing that, for a maximum period of 10 years from the date of entry of the data.
(3) The aliens register shall be a public register in respect of the data referred to in paragraph 1(a)
to (e).
262. §
(1) The aliens' registration authority processes the following data of third-country nationals who
are obliged to leave the territory of Hungary or the Member States of the European Union and
other Schengen States, who are obliged to stay at a designated place, who are subject to expulsion
by the aliens' registration authority, expulsion ordered by the asylum authority, expulsion by a
judge, entry and residence ban, detention pending expulsion, and detention by the aliens'
registration authority:
b) accommodation details,
c) my face and my fingerprint,
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d) how to get into the country,
e) the issuing body and the name of the measure, the decision number,
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f) the legal basis, time-limit or duration of the measure or obligation under the decision ordering
it,
g) threat to public order, public security, national security, behavioural characteristics,
h) whether you are liable to pay compensation for the trip, and the amount of the compensation
i) the country of expulsion,
j) the place and time of exit in connection with the expulsion, and
k) on payment of the aliens' bail
ka) the amount of the aliens' bail,
kb) the registration number of the aliens' bail bond,
kc) the date of the lodging (payment) of the aliens' bail,
(kd) the number of the decision granting bail,
(ke) if the third-country national who has been expelled and is the subject of a removal
order requests the transfer of the aliens' bail to another person, the name, address, place
of accommodation or residence of that person, the number of his or her travel
document, residence permit or other identity document and bank account number,
kf) the date of return of the aliens' bail,
kg) the date of the transfer of the amount of the aliens' bail to the State.
(2) The following data of a third-country national may be processed by the immigration authority
for the purpose of requesting or authorising assistance in cases of transit for removal by air:
b) the type, number and validity of the travel document;
c) details of the flight(s) used to carry out the expulsion (flight number, point of departure and
arrival, time of departure and arrival);
d) the justification for an official escort;
e) data on medical care, identifiable epidemic diseases;
f) data on previous unsuccessful expulsion attempts.
(3) The data referred to in paragraph 1 shall be kept by the aliens' registration authority for five
years after the lifting of the obligation or prohibition.
(4) The data referred to in paragraph 2 shall be kept by the aliens policing authority for five years
after the transfer is initiated.
(5) The aliens' register shall be a public register in respect of the data referred to in paragraph 1.
263. §
(1) The aliens' registration authority processes the following data relating to a third-country
national who is subject to a travel restriction abroad:
a) the natural identity data of the third-country national,
b) the name of the body that has initiated the travel restriction abroad, and
c) the type, number and expiry date of the third-country national's travel document.
(2) The data referred to in paragraph 1 shall be kept by the aliens policing authority for three
years after the end of the restriction.
(3) The aliens' register shall be a public register in respect of the data referred to in paragraph 1.
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264. §
(1) In the course of its procedures under this Act, the immigration authority shall be entitled to
record and retrieve data in the European Border Registration System by direct access in
accordance with Regulation (EU) 2017/2226 of the European Parliament and of the Council.
(2) In the course of its procedures under this Act, the aliens' registration authority shall have the
right to add, correct and delete data recorded by it in the European Border Registration System in
accordance with Article 35 of Regulation (EU) 2017/2226 of the European Parliament and of the
Council.
265. §
In the course of its procedures under this Act, the aliens' registration authority shall have the right
to retrieve data stored in ETIAS by direct access in accordance with Regulation (EU) 2018/1240 of
the European Parliament and of the Council.
266. §
(1) The face image and fingerprints of the third-country national may be recorded by the
immigration authority for the purpose of comparing them with data stored in Union information
systems pursuant to Articles 21 and 26 to 29 of Regulation (EU) 2019/817 of the European
Parliament and of the Council and Articles 21 and 26 to 29 of Regulation (EU) 2019/818 of the
European Parliament and of the Council for the purpose of manual verification of identity or
multiple identities.
(2) The aliens policing authority shall only use the facial image and fingerprint data recorded for
the purposes set out in paragraph 1 in accordance with Articles 21 and 26 of Regulation (EU)
2019/817 of the European Parliament and of the Council.
Article 29 and Articles 21 and 26 to 29 of Regulation (EU) 2019/818 of the European Parliament
and of the Council for the purposes of carrying out the search, until the search is completed, after
which it shall delete it without delay.
(3) When examining visa and residence permit applications, the aliens policing authority shall, for
the purposes of manual verification of identity or multiple identities, select from among the
biometric data referred to in Article 4(11) of Regulation (EU) 2019/817 of the European Parliament
and of the Council
a) the body carrying out the facial image analysis, or
b) the fingerprint expert registration body under the Act on the Criminal Records System, on
the Registration of Convictions of Hungarian Citizens by the Courts of the Member States of
the European Union and on the Registration of Biometric Data in Criminal and Law
Enforcement Matters
to initiate a comparison in order to analyse the biometric data.
267. §
(1) For the purposes of fulfilling obligations under international treaties, the aliens' registration
authority processes the following data of third-country nationals detained in Hungary or whose
personal liberty is otherwise restricted in any other way, and of third-country nationals involved in
extraordinary events (death, serious injury, accident, etc.):
b) address of the accommodation, address;
c) the details of the incident, the name and case number of the body responsible.
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(2) The data referred to in paragraph 1 shall be kept by the aliens' registration authority for three
years from the date on which the obligation to provide information is fulfilled.
268. §
The aliens policing authority shall process the data referred to in Article 14( 1) of Regulation (EU) No
603/2013 of the European Parliament and of the Council.
269. §
(1) The aliens policing authority may, in the course of its proceedings under this Act, receive and
process personal data included in the records of the International Criminal Police Organisation
available through the INTERPOL FIND wanted persons module network database, which are
covered by the scope of the data that may be processed under this Act.
(2) In the course of its proceedings under this Act, the aliens policing authority may receive and
process personal data in the public interest that are subject to processing under this Act, including
data from a public foreign data source.
270. §
(1) The Aliens Police Authority shall process the following data generated in cases of applications
for the issuance of invitation letters initiated before the entry into force of this Act on the entry
and residence of third-country nationals under Act II of 2007 on the Entry and Residence of Third-
country Nationals (hereinafter: Harmtv.):
a) the natural identity of the inviting natural person, or the name of the inviting legal person or
unincorporated organisation;
b) the address of the inviting natural person or the registered office (place of business) of the
inviting legal person or unincorporated organisation;
c) the natural identity data of the invited third-country national;
d) the duration of the commitment;
e) the serial number of the invitation letter with the official consent;
f) the fact of the refusal to give official consent and the reasons for it.
(2) The data referred to in paragraph 1 shall be kept by the aliens policing authority for a period of
five years following the termination of the undertaking.
271. §
The following data of the organisation hosting the trainee will be processed by the immigration
authority:
a) the name, registered office and tax number of the host organisation;
b) the start and end dates of the traineeship and the name of the trainee;
c) in the case of an organisation banned from carrying out a traineeship, the date on which the
ban began and ended and the reason for the ban.
152. Data transfer
272. §
From immigration Authority from Aliens sub-registers for the

purposes of carrying out their statutory tasks, within the limits of the data specified by law
1. the judicial authorities,
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2. the investigating authority and the body carrying out the preparatory procedure,
3. the national security services,
4. the asylum authority,
5. the tax and customs authorities,
6. the competent authorities involved in the aliens' proceedings,
7. law enforcement agencies,
8. the body responsible for citizenship matters and the Minister responsible for citizenship
matters,
9. the authority responsible for matters relating to the register of identity and address,
10. the employment supervisory authority,
11. the labour inspectorate,
12. the public health authority,
13. the health insurance body, the rehabilitation authority and the pension insurance
administration,
14. is a local government body with public authority functions,
15. the district (metropolitan district) office of the Metropolitan and Voivodeship Government
Office,
16. for the verification of the identity of the person subject to an offence procedure, the
authorities conducting the offence procedure or the preparatory procedure,
17. the penitentiary institution for the purpose of verifying the identity of the sentenced person
at the time of admission and informing the prisoner of the order to expel him/her,
18. the Responsible Authority defined in the Government Decree on the use of funds from the
Internal Security Fund and the Asylum, Migration and Integration Fund for the 2014-2020
programming period (hereinafter referred to as the "Responsible Authority"), pursuant to
Article 27 of Regulation (EU) No 514/2014 of the European Parliament and of the Council, in
order to ensure the controllability of the use of funds,
19. the company information service and the electronic company registry service for the
verification of the identity of the persons entered in the company register,
20. the body keeping the road traffic register and the traffic management authority, by means
of direct access, for the verification of the identity of the person in the road traffic register,
the verification of the right of representation and the performance of their traffic
management and registration tasks,
21. the European Borders and Coastguard Agency and its staff for the purposes laid down in
Articles 12, 31, 36 to 40, 48, 49, 51 and 52 of Regulation (EU) 2019/1896 of the European
Parliament and of the Council and Articles 12, 31, 36 to 40, 48, 49, 51 and 52 of Regulation
(EU) 2019/1896 of the European Parliament and of the Council and Articles 12, 31, 36 to 40,
48, 49, 51 and 52 of Regulation (EU) 2019/1896 of the European Parliament and of the
Council,
Member of the pool set up under Articles 51 and 52 of the Treaty,
22. the body responsible for the operation of the education register under the Education
Register Act, and
23. Hungarian diplomatic missions and consular posts, and, if required by international or
bilateral agreements or if necessary for the effective conduct of the proceedings, or, in
proceedings concerning expulsion decisions, consular posts in Hungary or headed by a
diplomatic or consular officer accredited to Hungary, at the request of the client
may transfer data to.
273. §
(1) The Aliens Department may transmit data from the aliens sub-registers to the National
Information Centre for the purpose of risk analysis of passenger data, analysis-assessment and to
meet intelligence needs.
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(2) The International Centre for Criminal Co-operation and the Hungarian law enforcement agency
authorised to directly exchange information under the Act on International Co-operation of Law
Enforcement Agencies may transfer data from the aliens sub-registers to the law enforcement
agency of an EEA member state or a third country on the basis of an international treaty on
international co-operation between law enforcement agencies, promulgated by law, within the
scope and for the purposes specified therein.
(3) The aliens' registration authority shall provide the wanted persons' registration system with
the facial image of persons covered by the sub-registers pursuant to Articles 254, 256, 258 and
259 of the Act on the Wanted Persons Registration System for the purpose of entering the facial
image in the register.
(4) The Prosecutor General or the Minister responsible for justice may request data from the
partial registers pursuant to Article 262 (1) (a), (e) and (f) and Article 267 (1) in the course of the
pardon procedure. The Minister responsible for Justice may request data from the aliens sub-
registers in the course of the settlement procedure in connection with the enforcement of
property compensation in connection with the delay of certain court proceedings and the
simplified compensation procedure in connection with the wrongful deprivation of liberty, in
respect of the natural person identification data, address data and notification address data
necessary for the conduct of the procedure.
(5) The aliens policing authority shall provide direct access to the central aliens policing register to
the authority examining the application for the issuance of a Hungarian identity card or a
Hungarian family member's identity card for the purposes of examining the eligibility conditions in
the course of the procedure for examining the application and for examining the grounds for
revocation in the course of the procedure for revoking the card, with regard to data on expulsion,
the existence of a ban on entry and residence and the existence of the status of immigrant or long-
term resident.
(6) The Aliens Police Authority shall provide data to the metropolitan and county government
offices for the purposes of assessing the existence of entitlement to, and the provision,
maintenance and termination of, cash and in-kind social benefits under the Act on Social
Administration and Social Benefits and child support under the Act on Child Protection and
Guardianship Administration.
(7) Transfers made by him are recorded by the aliens' registration authority.
274. §
(1) For the purpose of creating and registering a facial image profile, the aliens' registration
authority shall provide the facial image of persons covered by the sub-registers pursuant to Articles
254, 256, 258 and 259, as well as the technical contact number assigned to the facial image, to the
facial image profile register.
(2) The bodies entitled to use the data specified in the Act on the Facial Image Analysis Register
and the Facial Image Analysis System may also request data from the register by providing the
technical contact number assigned to the facial image specified in the Act on the Facial Image
Analysis Register and the Facial Image Analysis System, under the conditions specified in this Act.
(3) The aliens' registration authority shall, by using the technical contact number specified in the
Act on the Facial Image Analysis Register and the Facial Image Analysis System, immediately
provide data to the
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body on the registration of the facial image data of persons subject to the partial registers
pursuant to Articles 254, 256, 258 and 259, and on changes to the facial image data.
275. §
An immigration authority may transmit data from the partial immigration records to foreign law
enforcement, border police, immigration and judicial authorities, international organisations or
Community bodies established by directly applicable Community acts, on the basis of directly
applicable Community acts or international treaties, within the scope of the data set out therein.
276. §
(1) The immigration authority may request data in the course of its proceedings under this Act:
a) from the register of identity and address,
b) from the register of offenders, persons with a criminal record and persons subject to criminal
proceedings, and from the register of criminal and law enforcement biometric data,
c) by direct access to the wanted persons register,
d) from the register of persons holding a work permit,
e) from the company register,
f) from the register of self-employed persons,
g) from the public health authority,
h) from the database of taxpayers with no public debt,
i) from the Higher Education Information System,
j) the tax authorities in the cases specified by law,
k) in relation to the benefits provided for in the Act on Social Administration and Social
Benefits, from the data controller specified in the Act on Social Administration and Social
Benefits,
l) Hungary's law enforcement and national security agencies,
m) from the body responsible for citizenship matters,
n) the health insurance body, the rehabilitation authority and the pension insurance
administration.
(2) An immigration authority may receive data for the purposes of the aliens' proceedings from
foreign law enforcement, border police, immigration and judicial authorities, international
organisations or Community bodies established by a directly applicable Community act, on the
basis of a directly applicable Community act or an international treaty, within the scope of the
data set out therein.
(3) For the purposes of Articles 15 to 20 of the VIS Regulation, the Visa Information System may be
directly accessed by the aliens' registration authorities specified by the Government in a Regulation.
(4) In the procedure for issuing temporary residence cards and EU residence cards and for
expulsion by the aliens' police, the aliens' police authority shall apply the provisions of Article
81(2) and (3) and Article 116(1) of the
(1), may receive from a Member State of the European Union the natural identity data of the
third-country national and data relating to his/her qualification as a refugee or the existence of
subsidiary protection.
277. §
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The data processed under this Act may be used for statistical purposes and may be provided by
the body managing the central aliens' register for statistical purposes in a manner that does not
allow for identification of the person.
278. §
(1) The Responsible Authority, as defined in Article 25(1)(a) of Regulation (EU) No 514/2014 of the
European Parliament and of the Council, shall keep a register of participants in actions financed by
the Asylum, Migration and Integration Fund (hereinafter referred to as the "Fund") in order to
ensure the verifiability of the use of the grants.
(2) The register contains the following data on persons belonging to the target group of the Fund
under the Government Decree on the use of assistance from the Asylum, Migration and
Integration Fund, provided by the beneficiaries financed by the Fund:
a) surname and given name,
b) place of birth,
c) date of birth,
d) no,
e) citizenship,
f) The title of residence in Hungary,
g) if the target person needs special treatment or, where the target person is an
unaccompanied minor, the fact that he or she needs special treatment,
h) the number of the target person's document issued in Hungary.
(3) Data registered under paragraph 2 may be consulted by the body responsible for monitoring
the use of Union funds.
(4) The data recorded in the register may be used for statistical purposes and may be transmitted
for statistical purposes in a non-personally identifiable form.
(5) The Fund shall keep the data referred to in paragraph 2 for a period of ten years following the
end of the eligibility period for its resources available for the 2014-2020 period of the European
Union budget.
279. §
(1) The Minister responsible for foreign policy is entitled to process the following data of consular
missions in Hungary, international organisations and their branches, premises and offices in
Hungary, as well as of organisations enjoying privileges and immunities under international
treaties (hereinafter together referred to as "missions") or members of such organisations and
their family members entitled to immunity under international treaties, in order to fulfil
international commitments:
a) your surname and forename, place and date of birth, sex and nationality, diplomatic rank or
military rank and portrait,
b) details of your passport or identity card and a photocopy of it,
c) the name of the diplomatic mission or consular post which employs him or her and his or her
position there,
d) the quality of your placement or family,
e) the date of the start and planned end of the stay for official purposes,
f) the address of your residence in Hungary,
g) your address as it appears on the identification documents,
h) a relative living with him/her in the same household in Hungary during his/her period of service
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ha) surname and first name,
hb) place and date of birth,
hc) your nationality,
hd) an indication of the degree of kinship,
(he) the number of your identity document or passport, your facial image,
i) the details of foreign nationals employed exclusively in the private employment of t h e
above persons, as referred to in points (h)(ha), (hb) and (hc), and the quality of their
employment and their job title.
(2) In addition to the data referred to in paragraph ( 1), the Minister responsible for foreign policy
is entitled to process the data in order to fulfil international commitments:
a) the data of the members of consular posts in Hungary headed by an honorary consular
officer, as referred to in paragraph 1(h)(ha), (hb) and (hc),
b) details of vehicles with special registration plates used by the persons and institutions
referred to in paragraph 1, and
c) the details of the vehicle used for official purposes by the representative office referred to in
point (a).
280. §
The purpose of the keeping of the register provided for in Section 279 is to ensure the legal status of
the organisations and persons specified in Section 279 (1), arising from international treaties or
generally recognised rules of international law and as provided for in Hungarian legislation. Unless
a longer period is laid down by law, the data shall be kept for 30 years.
281. §
(1) The Minister responsible for foreign policy shall, for the purposes of conducting proceedings
concerning the person concerned or his or her legitimate interest, provide the following
information on the data specified in points (a), (c), (d) and (e), (h) (ha), (hb), (hc) and (hd) and (i) of
paragraph 279(1)
a) the competent court,
b) the prosecutor's office,
c) the investigating authority,
d) the offending authority or the authorities responsible for the preparatory procedure,
e) the notary conducting the non-contested procedure,
f) the immigration authority,
g) the State Tax and Customs Administration,
h) in respect of the above persons without an address card, the notary of the local municipality
competent for the place of residence in Hungary, or the district (metropolitan district) office
of the competent metropolitan and county government office,
i) the national security services for the purposes of intelligence, national security protection
and counterintelligence, information gathering, national security, internal security and crime
prevention control under the Act,
j) on the basis of a request by a person or organisation as defined in § 279, and with the data
content specified in the request, in a procedure or legal transaction with a financial
institution, educational establishment or other organisation which is necessary for their
livelihood and which requires an address card or registration
provide data to.
(2) The provision of the data referred to in paragraph (1) shall be further subject to the condition
that the body requesting the data provision provides evidence of the purpose of the processing
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and its right to process the data requested.
155
(3) The Minister responsible for external relations shall keep a record of all information provided
under paragraph 1.
282. §
The Minister responsible for foreign policy shall have the power to issue certificates and
documents attesting to the legal status, particulars and entitlements in Hungary of the
organisations and persons specified in Section 279, and to determine the format and the
procedure for their issue, taking into account the provisions of the law on mandatory data
content. The certificate shall certify the data contained therein in an authentic manner.
PART ELEVEN
Final provisions
153. Delegated provisions
283. §
(1) The Government is empowered to regulate by decree

1. the authorities competent to act in the aliens' procedure and in relation to the notification
of accommodation or residence and the data of third-country nationals processed under this
Act, their competence and the detailed rules of procedure;
2. the role, powers and responsibilities of the visa issuing authorities, the detailed rules on the
visa procedure, the scope of the documents entitling the holder to enter and stay without a
visa and the format of the visas required;
3. the conditions for issuing a residence permit, temporary residence certificate, temporary
residence card, national residence card, EU residence card and the form of the documents;
4. the range of valid travel documents;
5. the detailed rules for requesting the issue, renewal and revocation of a residence permit for
humanitarian purposes, and for cooperation between immigration and national security and
law enforcement authorities;
6. the amount of the aliens' bail, the procedural rules relating to the lodging of aliens' bail and
the provisions relating to the administration of aliens' bail;
7. rules on the preparation for expulsion and on the enforcement of detention and the
establishment or designation of a place of mandatory residence, as well as detailed rules on
the provision of health care and assistance to third-country nationals in detention;
8. the health care of third-country nationals, the extent of the financial coverage of health care
and proof of such coverage;
9. the amount of and the procedure for imposing fines on the carrier and the employer under
this Act;
10. mandatory rules of conduct for the person required to stay in the designated place;
11. rules on the care of third-country nationals who are required to stay in an airport transit
area;
12. the rules on care and support for third-country nationals staying in community
accommodation or reception centres and for third-country nationals who are victims of
trafficking in human beings;
13. the requirements for the establishment of community accommodation, the rules of the
community accommodation;
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14. the detailed rules for entry and stay of civilian personnel and their relatives and contractors
covered by the NATO SOFA Agreement and the Agreement between the Government of
Hungary and the Government of the United States of America on Defence Cooperation;
15. the detailed rules for the recognition and enforcement of expulsion decisions taken by a
Member State of the European Union or another Schengen State;
16. detailed rules on the procedure for establishing statelessness;
17. the detailed rules for providing third-country nationals with a travel document;
18. the law enforcement authorities entitled to initiate the autonomous entry and residence ban
and to make proposals on the duration of the autonomous entry and residence ban;
19. the content of the single permit, the conditions for issuing it and the rules for the single
application procedure;
20. the detailed rules for the submission of the application through the electronic interface for
the opening of aliens' files;
21. a guest worker in Hungary accommodation employing by by the host
employer.
(2) The Government is empowered to designate the authorities responsible for the authentication
of storage media containing biometric data for residence documents issued under Council
Regulation (EC) No 1030/2002 and Council Regulation (EC) No 380/2008.
(3) The Government shall be empowered to adopt, by decree, in the proceedings of the aliens'
registration authorities
a) designate the competent authorities involved,
b) defines the competence of the authority within which it will take a position,
c) sets out the content requirements for the specific regulatory requirement or condition, the
aspects that the authority will consider in developing its position,
d) lays down detailed rules of procedure for the involvement of the competent authority and for
cooperation between the authority competent to decide on the substance of the case and the
competent authority.
(4) The Government is empowered to adopt a regulation laying down the detailed rules for the
application of the framework ensuring the interoperability of EU information systems and Europol
data, including the aliens' and visa issuing authorities involved in interoperability and their specific
tasks related to interoperability.
(5) The Government is empowered to issue a decree

a) regulates the procedures for applying for a visitor investor visa,
b) lays down the conditions and procedures for making the investments required to qualify for
a visitor investor visa and a visitor investor residence permit, and for proving that these
investments have been made.
(6) The Government is empowered to lay down social coexistence conditions in connection with
the renewal of residence permits and the issue of national residence cards.
(7) The Government is empowered to lay down in a decree the conditions to be taken into
account by the aliens' registration authority when issuing or renewing a residence permit for self-
employed visitors.
(8) The Government is empowered to lay down detailed rules on the imposition of registration
and employment fees by decree.
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(9) The Government is empowered to lay down in a decree the detailed conditions applicable to
an employer or a farmer who has concluded a contract of establishment with an employer or a
farmer who has concluded a contract of establishment with an employer.
(10) The Government shall be empowered to establish by decree the maximum number of
residence permits that may be issued to third-country nationals of the same nationality in a year
under this Act, either per purpose of residence or jointly.
(11) The Government is empowered to

a) the detailed rules for prior group authorisation,
b) the detailed rules concerning the agreement to be concluded with the investor on the basis
of which the residence permit for the purpose of the investment is issued; and
c) the conditions relating to the investment which must be taken into account when issuing or
renewing a residence permit for the purpose of work for the purpose of carrying out the
investment on which it is based
set out in a regulation.
284. §
(1) The Minister for Aliens and Refugees is empowered to make regulations, in agreement with
the Minister for Foreign Affairs and the Minister for Tax Policy:
a) fees for procedures relating to the entry, exit and residence of third-country nationals and
the issue of travel documents to third-country nationals;
b) the indicative amount of the financial coverage required for entry and stay;
c) rules on the bearing of costs relating to aliens proceedings.
(2) The Minister responsible for immigration and asylum shall be empowered to regulate by decree
the content of and annexes to the forms and documents under this Act.
(3) The Minister for Aliens and Refugees is empowered, in agreement with the Minister for
Foreign Affairs, to issue regulations on the form of travel documents issued to third-country
nationals.
(4) The Minister responsible for foreign policy is empowered, in agreement with the Minister
responsible for immigration and asylum, to lay down by decree certain rules on the entry, exit and
residence of persons enjoying diplomatic or other immunities under international law.
(5) The Minister responsible for immigration and asylum is empowered to lay down, in
agreement with the Minister responsible for justice, the rules for the implementation of detention
and expulsion by decree.
(6) The Minister responsible for health is empowered, in agreement with the Minister responsible
for immigration and asylum, to lay down by decree the diseases that are a threat to public health.
(7) The Minister for Aliens and Refugees is empowered to consult with the Minister for Foreign
Affairs, the Minister for Civilian National Security, the Minister for the Management of Civilian
National Security Services
158
in agreement with the Minister and the Minister responsible for the management of civil
intelligence, to establish by decree the cases in which, in order to protect public security and
national security and to prevent and detect migration risk assessment, abuse and fraud, as defined
in the Visa Code, the following shall be
a) visas for intended stays not exceeding ninety days may be issued only with the agreement of
the central visa authority, and
b) the visa issuing authority of another Schengen State consults the central visa authority
before issuing a visa for an intended stay not exceeding 90 days.
(8) The Minister for Aliens and Refugees is authorised, in agreement with the Minister for Foreign
Affairs, the Minister for Civilian National Security Services and the Minister for Civilian Intelligence,
to determine by decree the third countries whose nationals must be in possession of an airport
transit visa in the case referred to in Article 3(2) of the Visa Code.
(9) The Minister responsible for immigration and asylum is authorised to determine by decree, in
agreement with the Minister responsible for foreign policy, the Minister responsible for the
management of civilian national security services and the Minister responsible for the
management of civilian intelligence, the third countries whose nationals are subject to a request
for information by the central visa authority pursuant to Article 31(1) of the Visa Code.
(10) The Minister responsible for foreign policy shall be empowered to establish by decree the
detailed rules on the form and procedure for the issuance of certificates and documents certifying
the legal status, particulars and entitlements in Hungary of the persons and organisations specified
in Section 279(1).
(11) The Minister responsible for employment policy is empowered to determine by decree
a) the total number of residence permits for employment purposes and guest worker
residence permits that can be issued in Hungary per year;
b) the procedure and details of the ban on employing additional guest workers, which may be
imposed on an employer or host organisation that fails to comply with its obligations
concerning the employment of guest workers.
(12) The Minister responsible for the employment of third-country nationals in Hungary is
empowered to issue a decree specifying which third-country nationals may be employed with a
residence permit for employment purposes or a residence permit for guest workers.
154. Entry into force of the provisions
285. §
(1) This Act shall enter into force on 1 January 2024, with the exception of paragraphs (2) to (5).
(2) Article 328(b), Article 351, Chapter 218 and Article 398 shall enter into force on 2 January 2024.
(3) Section 250(d), section 266 and Chapter 227 shall enter into force on 1 January 2025.
159
(4) Sections 10(a), 143(4), 250(b), 265, 289, 319, 390(c), (d), (f), (g) and (i), 228, 229 and 231.
Subtitle 231, 231, 231, 231 and 231 of Regulation (EU) No (EU) 2018/1240 of the European
Parliament and of the Council of 12 September 2018 on the establishment of the European Travel
Information and Authorisation System (ETIAS) and amending Regulation (EU) No 1077/2011,
Regulation (EU) No 515/2014, Regulation (EU) 2016/399, Regulation (EU) 2016/1624 and
Regulation (EU) 2017/2226 shall enter into force on the date specified in the Commission Decision
referred to in Article 88(1) of Regulation (EU) 2018/1240 of the European Parliament and of the
Council of 12 September 2018 on the establishment of the European Travel Information and
Authorisation System (ETIAS) and amending Regulation (EU) No 1077/2011, Regulation (EU) No
515/2014, Regulation (EU) 2016/399, Regulation (EU) 2016/1624 and Regulation (EU) 2017/2226.
(5) Article 143(3), Article 250(a), Article 264, Chapter 167 and Article 390. § (a), (b), (e) and (h) of
the Act of 22 December 2017 on the establishment of a border registration system (EES) for
recording data on the entry and exit of third-country nationals crossing the external borders of the
Member States and on the conditions for access to the EES for law enforcement purposes and
amending the Convention implementing the Schengen Agreement, Regulation (EC) No 767/2008
and Regulation (EU) No 1077/2011, as amended by the Act of 22 December 2017 amending the
Schengen Convention, Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011. (EU)
2017/2226 of the European Parliament and of the Council of 30 November 2017 shall enter into
force on the date specified in the Commission Decision referred to in Article 66(1) of Regulation
(EU) 2017/2226.
(6) The calendar day of entry into force of the provisions under paragraph (4) shall be
determined by an individual decision of the Minister responsible for the management of civil
national security services, published in the Hungarian Gazette immediately after its publication.
(7) The calendar day of entry into force of the provisions referred to in paragraph (5) shall be
determined by the Minister responsible for border police by an individual decision published in the
Hungarian Gazette immediately after the date on which the provisions become known.
155. Transitional provisions
286. §
(1) The procedure for applications for residence and permanent residence permits submitted
before the entry into force of this Act shall be suspended between 1 January 2024 and 29
February 2024.
(2) Between 1 January 2024 and 29 February 2024

a) an application for a residence permit, except for an application for a residence permit
issued in the national interest,
b) an application for a permanent residence permit and a residence card under this Act, with
the exception of a n application for a national residence card issued in the national interest
cannot be submitted.
(3) The validity of residence permits and permanent residence permits expiring between 1
January 2024 and 29 February 2024 will be extended until 30 April 2024.
(4) A visa, residence permit, temporary residence certificate issued before the entry into force of
this Act shall entitle the holder to stay within the period of validity of the certificate.
(5) Immigration permits, residence permits, temporary permits, national and EC residence
160
permits and travel documents issued before the entry into force of this Act shall entitle the holder
to stay within the period of validity of the permit.
(6) In the procedure relating to an application for a visa and residence permit submitted before
the entry into force of this Act which has not been finally decided, the provisions of the
161
and the provisions of this Act shall apply to the proceedings. If a residence permit may be issued
on the basis of a residence permit pursuant to the Act on the Protection of Family Life, it shall be
issued pursuant to the Act on the Protection of Family Life after the entry into force of this Act and
the provisions of the Act shall apply.
(7) In proceedings concerning a national permanent establishment permit or an EC permanent

establishment permit submitted before the entry into force of this Act which have not been finally
decided, or in repeated proceedings, the provisions of the Harmtv. and the Szmtv. shall apply.
(8) In the case of an application for the issue and renewal of a temporary, national and EC
residence permit pending at the time of entry into force of this Act, a temporary, national and EU
residence card shall be issued.
(9) In case of replacement and exchange of the temporary, national and EC residence permit
document submitted after the entry into force of this Act, a temporary, national and EU residence
card document shall be issued.
(10) After the entry into force of this Act, until 31 December 2025, the travel document pursuant
to § 155 may be issued in the format prior to the entry into force of this Act.
(11) The provisions of the Act shall apply to a procedure for the determination of statelessness or a
repeated procedure submitted before the entry into force of this Act which has not been finally
decided.
(12) Proceedings initiated on the basis of a request recorded on the electronic platform for the
opening of aliens' cases by 31 December 2023 shall be deemed to be pending if the administrative
service fee has been paid by 31 December 2023.
(13) The provisions of this Act, with the exception of paragraphs (14) to (17), shall apply from 1
March 2024.
(14) E Act
a) Chapter 35
b) § 74 (1) to (3),
c) Chapter 50,
d) ELEVENTH PART
It shall apply from 1 January 2024.
(15) Until 29 February 2024, the Harmtv. Chapter I, Chapter II, § 13, § 14, § 16 and § 16 of the
§ 17, § 18(1), § 23, § 29(1)(b) and (c), § 29
(2)(b) and (c), 30(1)(f) to (h) and (j), 30(2)(a) and (d), V. Chapter V, Chapter VI, Chapter VII,
Chapter VIII and Chapter X in force on 31 December 2023 shall apply.
(16) Until 29 February 2024, the Harmtv. Chapter IX in force on 31 December 2023 shall apply.
(17) Chapters 8 and 13 of this Act shall apply from 1 July 2024.
287. §
(1) A third-country national who holds a residence permit valid in Hungary at the time of the entry
into force of this Act shall, in the case of a stay in Hungary, be entitled to the following rights
under this Act
162
may apply for the issuance of his/her residence permit - except in the case of a change of
occupational conditions, not earlier than 45 days before the expiry of the residence permit -
exclusively by electronic means, through the Aliens' Case Initiation Interface, provided that the
period of validity of the residence permit document as defined in this Act shall be deemed to
commence with the date of submission of the application for a residence permit under this Act,
except for the residence permits specified in paragraph (2).
(2) Residence permits for seasonal employment, intra-corporate transferees, White Card,
residence permits for traineeships, residence permits for job-seeking or business start-ups,
temporary residence permits, residence permits for voluntary activities, and applications for a
mobility certificate and a mobility residence permit under this Act may be granted only if the
period of validity of the residence permit for the established residence title does not exceed the
total duration of the third-country national's stay, taking into account his/her previous residence
permits.
(3) A third-country national who holds a residence permit for gainful employment may apply for a
residence permit for the purpose of self-employment as a guest, as provided for in paragraph 1.
(4) A third-country national who is a holder of a residence permit for the purpose of work is
(1) may apply for the issue of a residence permit on the basis of the grounds entitling him/her to
work under this Act.
(5) A third-country national who has obtained a residence permit for the purpose of family
reunification before 31 August 2024 and whose permit is valid on the date of entry into force of this
Act shall have the rights and obligations of residence for the purpose of family reunification under
this Act, with the proviso that the residence permit for the purpose of family reunification may be
extended even if, under this Act, no further third-country national may establish a residence title
by reference to the residence of the family member. At the time of the extension, the third-
country national, through his/her legal representative in the case of a minor, shall declare that if
the residence permit of the family member becomes invalid by virtue of this Act, he/she will leave
the territory of the Member States of the European Union and other Schengen States voluntarily
within 8 days of the date of the invalidity.
(6) No request for verification may be submitted beyond the period of validity of the residence
permit on the grounds of late submission of an application for a residence permit pursuant to
paragraphs 1 and 5.
288. §
(1) The provisions of Parts VI to XII of this Act shall also apply to proceedings instituted
before the entry into force of this Act.
(2) The relevant provisions of this Act shall apply to detention pending expulsion and detention
pending deportation of a third-country national ordered before the entry into force of this Act.
(3) A third-country national who was obliged to stay in a place designated as a community
accommodation and reception centre before the entry into force of this Act shall be subject to the
provisions of this Act.
163
(4) The provisions of this Act relating to enforcement shall also apply to enforcement proceedings
which have not yet been ordered and are pending at the date of entry into force of this Act.
289. §
Carriers engaged in international groupage transport by coach and bus on mainland shall be subject
to the 143.
§ (4) shall not be obliged to carry out the audit for three years from the date of entry into force
pursuant to Article 31 (3) of Act XCVI of 2019 amending certain acts related to the European
Border Registration System and the European Travel Information and Authorisation System for the
purpose of harmonisation.
290. §
On the date of the entry into force of this Act, a qualified temporary employment agency
registered in the register shall be obliged to pay the registration fee pursuant to paragraph (2) of
Article 34 upon the request of the Government Office. Thereafter, the obligation to pay the
employment fee shall be subject to the provisions of Section 34 (4).
156. Severability clause
291. §
E Act
a) § 159-a, § 163-a, § 167-a, § 168-a, § 170-a, § 171-a, § 177-a, § 189-a, § 190-a, § 191
(1), Article 286 (2) and (16), Article 350 (b), (d), (f), (g), (i), (j), (l), (n), (o) and (p) and Article
397 (c) of the Fundamental Law, pursuant to Article XIV (1) of the Fundamental Law,
b) 308 of the Fundamental Law, Article G (4),
c) §§ 311, 318, 320 of the Fundamental Law on the basis of Article 46 (6),
d) Article 353(a), (b) and (c) are considered to be fundamental under
Article XIV(5) of the Fundamental Law.
157. Compliance with European Union law
292. §
This Act is intended to partially comply with the following Community acts:
1. Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of
the Convention implementing the Schengen Agreement of 14 June 1985,
2. Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification,
3. Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country
nationals who are long-term residents,
4. Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the
purposes of removal by air,
5. Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-
country nationals who are victims of trafficking in human beings or who have been the
subject of an action to facilitate illegal immigration, who cooperate with the competent
authorities,
6. Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate
passenger data,
7. Council Decision of 30 November 1994 on the conclusion by the Council of the Convention on
European Union
164
K. 3 (2) of a common measure adopted pursuant to Article 3(2) of the
165
on travel opportunities for school pupils from other countries,
8. Council Resolution of 30 November 1994 on the restrictions on admission of third-country
nationals to the territory of the Member States for the purpose of self-employment,
9. Council Recommendation of 22 December 1995 on harmonising means of combating illegal
migration and illegal employment and improving effective methods of control,
10. Council Recommendation of 4 March 1996 on cooperation between local consulates on
visas,
11. Council Resolution of 26 June 1997 on unaccompanied minors in third countries,
12. Council Resolution of 4 December 1997 on measures to combat marriages of convenience,
13. Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008
on common standards and procedures in Member States for returning illegally staying third-
country nationals,
14. Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021
on the conditions of entry and residence of third-country nationals for the purposes of
highly qualified employment and repealing Council Directive 2009/50/EC,
15. Council Directive 2009/52/EC of 18 June 2009 providing for minimum standards on sanctions
and measures against employers of illegally staying third-country nationals,
16. Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011
amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international
protection,
17. Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying
down rules for the reception of applicants for international protection (recast),
18. Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011
on standards for the qualification and status of third country nationals or stateless persons
as beneficiaries of international protection, for a uniform status for refugees or for persons
granted subsidiary protection and for the content of the protection granted (recast),
19. Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on
common procedures for granting and withdrawing international protection (recast),
20. Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011
on a single application procedure for a single permit for third-country nationals to reside and
work in the territory of a Member State and on a common set of rights for third-country
workers legally residing in a Member State,
21. Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on
the conditions of entry and residence of third-country nationals for the purpose of paid
employment and work as seasonal workers,
22. Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the
conditions of entry and residence of third-country nationals in the framework of an intra-
corporate transfer,
23. Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on
the conditions of entry and residence of third-country nationals for the purposes of
research, study, training, voluntary service, pupil exchange programmes or educational
projects, and au pair activities.
293. §
166
E Act
1. Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016
on the Union Code on the rules governing the movement of persons across borders
(Schengen Borders Code),
2. Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for
residence permits for third-country nationals,
3. Council Regulation (EC) No 380/2008 of 18 April 2008 amending Regulation (EC) No
1030/2002 laying down a uniform format for residence permits for third-country nationals,
4. Regulation (EU) 2017/1954 of the European Parliament and of the Council of 25 October
2017 amending Council Regulation (EC) No 1030/2002 laying down a uniform format for
residence permits for third-country nationals,
5. Articles 6, 9 and 19 to 20 of Regulation (EC) No 767/2008 of 9 July 2008 concerning the
Visa Information System (VIS) and the exchange of data between Member States on
short-stay visas (VIS Regulation),
6. Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009
establishing a Community Code on Visas (Visa Code),
7. Regulation (EU) No 2019/1155 of the European Parliament and of the Council of 20 June
2019 amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa
Code),
8. Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community
statistics on migration and international protection,
9. Regulation (EU) No 2019/1896 of the European Parliament and of the Council of 13
November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No
1052/2013 and (EU) 2016/1624,
10. Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013
establishing the criteria and mechanisms for determining the Member State responsible for
examining an application for international protection lodged in one of the Member States by
a third-country national or a stateless person,
11. establishing Eurodac for the comparison of fingerprints for the effective application of
Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the
Member State responsible for examining an application for international protection lodged
in one of the Member States by a third-country national or a stateless person, and amending
Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 23
November 2013 amending Regulation (EU) No 1077/2011 concerning requests for
comparisons with Eurodac data by law enforcement authorities of the Member States and
Europol for law enforcement purposes and establishing an Agency for the operational
management of large-scale IT systems in the area of freedom, security and justice.
Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013,
12. Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November
2018 on the use of the Schengen Information System for the return of illegally staying third-
country nationals,
2018 on the establishment, operation and use of the Schengen Information System (SIS) for
the management of border traffic, amending the Convention implementing the Schengen
Agreement and amending and repealing Regulation (EC) No 1987/2006,
14. Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016
amending Regulation (EU) 2016/399 of the European Parliament and of the Council of 9
March 2016 on the Union Code on the rules governing the movement of persons across
borders (Schengen Borders Code), the Convention implementing the Schengen Agreement,
Regulation (EC) No 810/2009 of the European Parliament and of the Council, Council
Regulation (EC) No 1683/95, Council Regulation (EC) No 539/2001 and Regulation (EC) No
167
767/2008 of the European Parliament and of the Council,
168
Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013,
15. Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013
establishing the criteria and mechanisms for determining the Member State responsible for
examining an application for international protection lodged in one of the Member States by
a third-country national or a stateless person,
16. Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending
Regulation (EC) No 1561/2003 laying down detailed rules for the application of Council
Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the
Member State responsible for examining an asylum application lodged in one of the
Member States by a third-country national,
17. Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014
laying down general provisions on the Asylum, Migration and Integration Fund and
establishing an instrument for financial support for police cooperation, preventing and
combating crime, and crisis management,
2018 listing the third countries whose nationals must be in possession of visas when crossing
the external borders and those whose nationals are exempt from that requirement,
19. Regulation (EU) 2019/592 of the European Parliament and of the Council of 10 April 2019
amending Regulation (EU) 2018/1806 listing the third countries whose nationals must be in
possession of visas when crossing the external borders and those whose nationals are
exempt from that requirement as regards the United Kingdom's exit from the Union,
20. Regulation (EU) 2019/1157 of the European Parliament and of the Council of 20 June 2019
on strengthening the security of identity cards of EU citizens and residence documents
issued to EU citizens and their family members enjoying the right of free movement,
2017 establishing a border registration system (EES) for recording data on the entry, exit and
refusal of entry of third-country nationals crossing the external borders of the Member
States and determining the conditions of access for law enforcement purposes to the EES
and amending the Convention implementing the Schengen Agreement, Regulation (EC) No
767/2008 and Regulation (EU) No 1077/2011,
22. Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September
2018 establishing the European Travel Information and Authorisation System (ETIAS) and
amending Regulation (EU) No 1077/2011, Regulation (EU) No 515/2014, Regulation (EU)
2016/399, Regulation (EU) 2016/1624 and Regulation (EU) 2017/2226,
23. Regulation (EU) No 2019/817 of the European Parliament and of the Council of 20 May 2019
establishing a framework for interoperability between EU information systems in the area of
borders and visas and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU)
2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European
Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA,
24. Regulation (EU) No 2019/818 of the European Parliament and of the Council of 20 May 2019
laying down a framework for interoperability among Union information systems in the areas
of police and judicial cooperation, asylum and migration and amending Regulations (EU)
2018/1726, (EU) 2018/1862 and (EU) 2019/816
lays down the provisions necessary for the implementation of.
XXXIV. Chapter
Provisions amending certain laws
169
158. Amendment of Act XCIII of 1990 on Fees
294. §
Section 102 (2) (b) of the XCIII Act of 1990 on Fees shall be replaced by the following
provision:
[A non-Hungarian citizen living in Hungary as referred to in paragraph (1) of Article 2 shall be

deemed to be a person who]
"b) is subject to t h e Act on the General Rules for the Entry and Residence of Third-Country
Nationals and has the right of permanent residence;"
159. Amendment of Act IV of 1991 on the Promotion of Employment and Unemployment

Benefits
295. §
(1) Article 7 of Act IV of 1991 on the Promotion of Employment and Unemployment Benefits
(6) is replaced by the following:
"(6) The Minister responsible for the employment of third-country nationals in Hungary shall be
empowered to determine by decree - in agreement with the ministers with responsibilities
according to the occupation concerned by the regulation and after consultation with the social
partners - the method of calculating the minimum remuneration payable to third-country
nationals who establish employment relationships in Hungary on the basis of the EU Blue Card."
(2) Paragraph 7(7a) of Article 7 of Act IV of 1991 on the Promotion of Employment and
Unemployment Benefits shall be replaced by the following provision:
"(7a) The agreement

a) up to five years for residence permits issued for the purpose of family reunification,
b) Up to four years for EU Blue Card applications,
c) up to three years in the case of a humanitarian residence permit pursuant to Article 70 (1)
(a) of Act No... of 2023 on the General Rules for the Entry and Residence of Third-Country
Nationals (hereinafter: Btátv.),
d) in the case of a humanitarian residence permit pursuant to Section 70 (1) (e) and (f) of the
Btátv., for a maximum period of six months,
e) in the case of seasonal work as defined in paragraph (7) of Article 58, for a maximum of six
months within twelve months,
f) in the case of a residence permit issued for the purpose of carrying out an investment
project pursuant to Paragraph (1) of Article 24 of the Btátv., for a maximum period of three
years,
g) up to three years in case of renewal of the National Card under the Btátv,
h) in the case of a Hungarian Card issued for the purpose under Section 36 (3) a) of the Btátv.,
up to three years,
i) in the case of a residence permit issued in the national interest pursuant to Section 67 (2) of
the Btátv., up to three years,
j) in the case of a Corporate Card pursuant to Section 48 (2) (b) or (c) of the Btátv.
170
four-year-old
may be for a fixed-term employment relationship."
(3) The following point (c) shall be added to Article 7(8a) of Act IV of 1991 on the Promotion of
Employment and Unemployment Benefits:
(The employer and the third-country national do not enter into a prior agreement if the third-country
national is employed in Hungary)
"c) a residence permit for visiting investors as defined in the Act on the General Rules for the
Entry and Residence of Third-Country Nationals"
(will take place on the basis of.)
296. §
Section 58(5)(f) of Act IV of 1991 on the Promotion of Employment and Unemployment Benefits
shall be replaced by the following:
(For the purposes of this Act)

"f) highly qualified employment: the employment of a person, for remuneration at least equal to
the minimum remuneration payable to a third-country national, as defined by law, who has
the higher professional qualifications required for the job or who has relevant high-level
professional qualifications required by law for a specified period of time,"
297. §
Act IV of 1991 on the Promotion of Employment and Unemployment Benefits

a) § 2(3), the words "the Act on the Entry and Residence of Nationals of Third Countries" shall
be replaced by the words "the Act on the General Rules for the Entry and Residence of
Nationals of Third Countries",
b) Section 7 (1), in the opening wording, the words "the Act on the Entry and Residence of
Nationals of Third Countries" shall be replaced by the words "the Act on the General Rules
for the Entry and Residence of Nationals of Third Countries",
c) Article 7 (1) (a) the words "the Act on the Entry and Residence of Nationals of Third
Countries" shall be replaced by the words "the Act on the General Rules for the Entry and
Residence of Nationals of Third Countries",
d) § 7 (8a) paragraph a) the words "the Act on the Entry and Residence of Nationals of Third
e) In Article 7(10), the words "the Act on the Entry and Residence of Nationals of Third
f) Article 39/A(1), the words "The Minister responsible for the Fund" shall be replaced by the
words "The Minister responsible for the Fund, Employment Policy (hereinafter referred to as
the Minister)",
g) Article 58 (5) (v), the words "the Act on the Entry and Residence of Nationals of Third
Residence of Nationals of Third Countries"
spleen.
171
160. Amendment of Act XLI of 1991 on Notaries
298. §
Section 122 (5) (f) (fd) of Act XLI of 1991 on Notaries (Act XLI of 1991 on Notaries) shall be
replaced by the following provision:
(For the purpose of verification, the notary may check the following data of the person to be
identified from the registers:
the document identifier of his/her identity card and official identity card and address and the
following facts recorded on the basis of the document identifier:)
"fd) § 76(d), § 80(b) and (c) of Act I of 2007 on the Entry and Residence of Persons with the
Right of Free Movement and Residence, and § 254(1)(g) and § 256(1) of Act ... of 2023
on the General Rules for the Entry and Residence of Third-Country Nationals
(f) and the facts referred to in Article 261(1)(b) and (c)."
299. §
In Section 122 (5) (b) of Act XLI of 1991 on Notaries, the words "refugee, immigrant, settled
person" shall be replaced by the words "long-term resident, refugee".
161. Amendment of Act XXXIII of 1992 on the Legal Status of Public Servants
300. §
Act XXXIII of 1992 on the Legal Status of Public Servants

a) 20.(2)(c) the words "immigrant or settled" shall be replaced by the following
"long-term resident",
b) Article 85 (3) (a) (aa), the words "the right to be granted or the status of immigrant or
settled person" shall be replaced by the words "the right to be granted or the right of
permanent residence",
c) Article 85 (3) (e) (ef)), the words "immigrant or settled status" shall be replaced by the words
"long-term resident status"
spleen.
162. Amendment to Act LXVI of 1992 on the Registration of Personal Data and
Addresses of Citizens
301. §
Act LXVI of 1992 on the Registration of Personal Data and Addresses of Citizens, § 11.
(3) is replaced by the following:
"(3) Where a person with refugee or protected status acquires long-term resident status, the
register shall contain both the refugee or protected status and the long-term resident status."
302. §
172
Paragraph (4) of Article 29/E of Act LXVI of 1992 on the Register of Personal Data and Addresses of
Citizens shall be replaced by the following provision:
"(4) The permanent identity card of a long-term resident shall be issued with the period of
validity specified in paragraphs (1) and (1a), but not exceeding the period of validity entered in
his/her permanent residence permit, temporary residence permit, national permanent residence
permit, EC permanent residence permit, temporary residence card, national residence card or EU
residence card."
303. §
Act LXVI of 1992 on the Registration of Personal Data and Addresses of Citizens
a) Article 4(1)(a), the words "having settled status" shall be replaced by the words "having the
right of permanent residence",
b) In Article 8/A(c), the words "settled status" are replaced by "long-term resident status",
c) In Article 8/A(l), the words "settled status" are replaced by "long-term resident status",
d) Article 9 (2) (g) (gc)), the words "or the revocation of the temporary residence permit" shall
be replaced by the words "the temporary residence permit, the national residence card, the
EU residence card or the revocation of the temporary residence card",
e) § 11 (1) (b) the words "the status of protected persons, immigrants, settled persons" shall be
replaced by the words "the status of protected persons, the right of permanent residence",
f) § 12 (1) the words "protected, settled status" shall be replaced by the following
the words "protected status, long-term resident status" and the words "settled status" are
replaced by "long-term resident status",
g) Article 25(1)(g), the words "immigration, settlement" shall be replaced by the following
"with the right of permanent residence",
h) Article 29/F(5)(a), the words "immigrant, person having the status of a permanent resident"
shall be replaced by the words "person having the right of permanent residence",
i) Article 29/F(5)(c), the words "citizen with immigrant or settled status" shall be replaced by
the words "citizen with long-term resident status",
j) § 48 (1) in the opening words of the paragraph, the words "settled citizens" are replaced by
the following
the words "long-term residents"
spleen.
304. §
Act LXVI of 1992 on the Registration of Personal Data and Addresses of Citizens is repealed.
a) § 4(1)(a), the words "the immigrant",
b) In § 12 (1), the words "immigrant,".
163. Amendment of Act LXXIX of 1992 on the Protection of Foetal Life
305. §
Section 3 (1) c) of Article 3 of Act LXXIX of 1992 on the Protection of Fetal Life shall be replaced by
the following provision:
173
(Eligible for free antenatal care)
"c) a person subject to the Act on the General Rules for the Entry and Residence of Third-Country
Nationals who has the right of permanent residence."
164. Amendment of Act III of 1993 on Social Administration and Social Benefits
306. §
Point b) of Paragraph (1) of Article 3 of Act III of 1993 on Social Administration and Social Benefits
shall be replaced by the following provision:
[The scope of this Act shall, with the exceptions provided for in paragraphs (2) to (3), extend to]
"b) long-term residents,"
307. §
Act III of 1993 on Social Administration and Social Benefits

a) in point (b) of Article 18, the words "or immigrant, settled," shall be replaced by the words
"long-term resident or",
b) Article 18/A(b), the words "or immigrant, settled," shall be replaced by the words "long-term
resident, or",
c) Article 20 (2) (c), the words "immigrant, settled" shall be replaced by the words "long-term
resident"
spleen.
165. Amendment of Act LV of 1993 on Hungarian Citizenship
308. §
In Section 23 (1) (a) of Paragraph (1) of Act LV of 1993 on Hungarian Citizenship, the
the words "has long-term resident status" shall be replaced by "has long-term resident status".
166. amendment of Act LXXVIII of 1993 on Certain Rules for the Lease and Disposal of
Dwellings and Premises
309. §
In Article 1/B (1) of Act LXXVIII of 1993 on Certain Rules for the Renting and Disposal of Dwellings
and Premises, the words "with settled status" shall be replaced by the words "with permanent
residence status".
167. Amendment of Act XXXIV of 1994 on the Police
310. §
Paragraph (1) of Article 91/L of Act XXXIV of 1994 on the Police shall be replaced by the
following:
174
"(1) The police shall, for the purposes of checking the rules of legal residence on the territory of
Hungary, law enforcement and crime prevention, process in the border police dataset, for the data
retention period specified in Article 34 of Regulation (EU) 2017/2226 of the European Parliament
and of the Council, the data of third-country nationals crossing the border, as defined in the Act on
General Rules for the Entry and Residence of Third-Country Nationals
a) surname and given name,
b) date of birth (year, month, day),
c) gender,
d) citizenship,
e) the number and type of your travel document,
f) the exact date of entry and exit and the border crossing point used,
g) the number and type of your visa and
h) the registration number of the vehicle used to cross the border."
311. §
In Article 42(5a) of Act XXXIV of 1994 on the Police, the words "the Act on the Entry and
Residence of Third-Country Nationals" shall be replaced by the words "the Act on the General
Rules for the Entry and Residence of Third-Country Nationals".
168. Amendment of Act LIII of 1994 on Judicial Enforcement
312. §
(1) Section 47/A(4)(b) of Act LIII of 1994 on Judicial Enforcement shall be replaced by the following
provision:
(The executor may check the following data from the register:)
"b) citizenship, statelessness, refugee or EEA national status, long-term resident status,"
(2) Section 47/A(4)(f)(fd) of Act LIII of 1994 on Judicial Enforcement shall be replaced by the
following:
(The executor may check the following data from the register:
the document identifier of the identity card and of the official identity and address card and the
following facts recorded on the basis of the document identifier:)
"fd) the facts pursuant to Article 76 (d), Article 80 (b) and (c) of Act I of 2007 on the Entry and
Residence of Persons with the Right of Free Movement and Residence, and Article 254
(1) (g), Article 256 (1) (f), Article 261 (1) (b) and (c) of Act ... of 2023 on the General Rules
for the Entry and Residence of Third-Country Nationals."
169. Amendment of Act XXXII of 1995 on Patent Agents
313. §
Act XXXII of 1995 on Patent Agents
175
a) § 2 (2) (a) the words "settled or immigrant" shall be replaced by the following
"has the right of permanent residence",
b) Article 5(1)(f), the words 'his/her status as a settled person or as an immigrant' shall be replaced
by the following
"long-term resident status",
c) Article 26(2)(a), the words "settled or immigrated" shall be replaced by the words "or has
the right of permanent residence",
d) Article 26(7)(e), the words "settled or immigrant status" shall be replaced by "long-term
resident status"
spleen.
170. Amendment of Act XCVII of 1995 on Air Transport
314. §
Point 43 of § 71 of Act XCVII of 1995 on Air Transport shall be replaced by the following
provision:
(For the purposes of the Act)

"43. third-country national: a person as defined in Article 8 of Act No... of 2023 on the General
Rules for the Entry and Residence of Third-Country Nationals."
171. Amendment of Act CXVII of 1995 on Personal Income Tax
315. §
(1) Section 3, point 2, subpoint c) of Article 3 of Act CXVII of 1995 on Personal Income Tax
(For the purposes of this Act, certain terms have the following meanings:
Resident individual:)
"c) a person with long-term resident status or a stateless person subject to the Act on
General Rules for the Entry and Residence of Third-Country Nationals; and"
(with the centre of vital interests being the State with which the individual has the closest personal,
family and economic ties, and the permanent residence being the place of residence where the
individual has settled and effectively resides on a permanent basis. Permanent residence does not
change if the individual is temporarily abroad for a longer period.)
(2) Point 3 of Section 3 of Act CXVII of 1995 on Personal Income Tax shall be replaced by the
following provision:
(For the purposes of this Act, certain terms have the following meanings.)
"3. Non-resident individual: a natural person who is not a resident individual and, by derogation
from point 2(c), a person who is a long-term resident within the meaning of Article 83(1)(e)
of Act No... of 2023 on the General Rules for the Entry and Residence of Third-Country
Nationals, provided that in any 12-month period he/she spends less than 183 days, counting
the day of exit and entry as a whole day, and
176
is staying in Hungary."
316. §
The following point 4.40 is added to Annex 1, point 4 of Annex 1 to Act CXVII of 1995 on
Personal Income Tax:
(4. Tax exempt for certain activities:)
"4.40. a monthly stipend not exceeding the amount of the minimum wage, provided by the
Ministry headed by the Minister of Justice to a student of a law degree programme, under the
conditions specified in a government decree."
317. §
In Annex 1, point 1, sub-point 1.10 of Annex 1 to Act CXVII of 1995 on Personal Income Tax,
the words "one-off permanent residence allowance" shall be replaced by "one-off permanent
residence allowance".
172. Amendment of Act CXXV of 1995 on National Security Services
318. §
Point n) of Article 5 of Act CXXV of 1995 on National Security Services shall be replaced by the
(The Office for the Protection of the Constitution)

"n) carry out prequalification, qualification in connection with the procurement procedure and
record-keeping checks under the Act on Defence and Security Procurement, and may carry
out the necessary additional checks for its own qualified procurements, as well as
prequalification and record-keeping checks under the Act on General Rules for the Entry and
Residence of Third-Country Nationals;"
319. §
The following Article 52/P shall be added to the chapter of Act CXXV of 1995 on National
Security Services entitled "Special Provisions on the Data Management of the National
Information Centre":
"52/P. §
(1) In the procedure of the ETIAS national unit, the rules of the Act on General Rules on the Entry
and Stay of Third-Country Nationals on the Handling of Aliens' Affairs shall apply, with the
derogations provided for in this Act and the Government Decree implementing it, in matters not
covered by Regulation (EU) 2018/1240 of the European Parliament and of the Council.
(2) The refusal to issue a travel authorisation, the annulment of the travel authorisation and the
177
an appeal against a decision to withdraw a travel authorisation. The appeal must be lodged with
the ETIAS national unit.
(3) Appeals against the decision of the ETIAS national unit are heard by the National Police
Commissioner. The ETIAS national unit shall immediately send the appeal, together with the case
file, to the National Police Commissioner.
(4) If the appeal against the decision to refuse to issue a travel authorisation is upheld by the
National Police Commissioner, the ETIAS national unit will immediately issue the travel
authorisation.
(5) If the appeal against the decision to annul or revoke the travel authorisation is upheld by the
National Police Commissioner, the ETIAS national unit will immediately issue the travel
authorisation.
(6) Administrative proceedings may be brought against a decision of the National Police Chief to
refuse, annul or revoke a travel permit.
(7) The application must be lodged within eight days of receipt.
(8) The court shall decide on the application in a simplified action within fifteen days of the date
on which the application is received by the court. The National Police Commissioner shall send the
application, together with the case file and the defence, to the court without delay. No appeal
shall lie against the decision of the court."
320. §
Act CXXV of 1995 on National Security Services

a) in Article 5(g), the words "settled status" shall be replaced by "long-term resident status",
b) In Annex 2, in the table under heading 'II. Nationality', row 8, the following entries are made
the words "establishment" are replaced by "long-term residence"
spleen.
173. Amendment of Act XX of 1996 on the means of identification and the use of
identification codes to replace the personal identification number
321. §
Act XX of 1996 on the means of identification and the use of identification codes replacing the
personal identification number
a) Article 10/A(6)(a), the words "settled" shall be replaced by the words "long-term resident",
b) Article 10/A(9)(a), the words "settled" shall be replaced by the words "long-term resident",
c) Article 37(2)(b), the words "immigrant and settled citizen" shall be replaced by the words
"long-term resident"
spleen.
174. Amendment of Act XXXVIII of 1996 on International Mutual Assistance in Criminal

Matters
178
322. §
Act XXXVIII of 1996 on International Mutual Assistance in Criminal Matters

a) Article 25/A(5), the words "the Act on the Entry and Residence of Nationals of Third
b) Article 49 (1) the words "immigrated to Hungary, settled" shall be replaced by the following
the words "having the right of permanent residence in Hungary"
spleen.
175. Amendment of Act LVIII of 1996 on professional chambers of design and expert
engineers and architects
323. §
In Article 25(1)(b) of Act LVIII of 1996 on the Professional Chambers of Design and Expert
Engineers and Architects, the words "Act on the Entry and Residence of Nationals of Third
Countries" shall be replaced by the words "Act on the General Rules for the Entry and Residence
of Nationals of Third Countries".
176. Amendment of Act CXIII of 1996 on Housing Savings Banks
324. §
In point 21 (2) c) of Section 21 of Act CXIII of 1996 on Housing Savings Banks, the
the words "has long-term resident status" shall be replaced by "has long-term resident status".
177. Amendment of Act XXXI of 1997 on the Protection of Children and the
Administration of Guardianship
325. §
Act XXXI of 1997 on the Protection of Children and the Administration of Guardianship
a) Article 4(1)(a), the words "settled, immigrant" shall be replaced by the words "having the
right of permanent residence",
b) in point (t) of Article 5, the words "his/her status as an immigrant, settled person, protected
person or refugee" shall be replaced by "his/her long-term resident, protected person or
refugee status",
c) Article 76 (1) (f), the words "Act on the Entry and Residence of Nationals of Third Countries"
shall be replaced by the words "Act on the General Rules for the Entry and Residence of
d) Article 84 (1) (c), the words "Act on the Entry and Residence of Nationals of Third Countries"
Nationals of Third Countries"
spleen.
178. Amendment of Act CLIV of 1997 on Health Care
326. §
179
In point s) of Article 3 of Act CLIV of 1997 on Health Care, the words "settled person and person
with immigration status" shall be replaced by the words "person with long-term residence status".
179. Amendment of Act XII of 1998 on foreign travel
327. §
Act XII of 1998 on Travel Abroad

a) In Article 3(3), the words "stateless persons, immigrants and permanent residents" shall be
replaced by the words "stateless persons and long-term residents",
b) In Article 16/A(2), the words "immigrant, settled" shall be replaced by the words "long-term
resident",
c) In Article 16/C(2), the words "with immigrant or settled status" shall be replaced by the
following
"has the right of permanent residence"
spleen.
180. Amendment of Act XXVI of 1998 on the Rights of Persons with Disabilities and Ensuring
their Equal Opportunities
328. §
Act XXVI of 1998 on the Rights of Persons with Disabilities and Ensuring their Equal
Opportunities
a) In Article 21/A(2), the words "the immigrant and the resident visually impaired person" shall
be replaced by the words "or the visually impaired person with permanent residence
permit",
b) § 23 (1), in the opening wording, the words "settled person and person with immigration
status" shall be replaced by the words "person with long-term residence status",
c) § 23/F (1) (b) the words "or immigrant, settled," shall be replaced by the following
"long-term resident status, or"
spleen.
181. Amendment of Act LXXXIV of 1998 on Family Support
329. §
Act LXXXIV of 1998 on Family Support

a) In § 2(a)(ab), the words "with immigrant or settled status" are replaced by the following
b) Article 45 (2) (b), the words "immigrant, settled" shall be replaced by the words "long-term
resident"
spleen.
182. Amendment of Act LXII of 2001 on Hungarians Living in Neighbouring States
330. §
Act LXII of 2001 on Hungarians Living in Neighbouring States

a) § 1 (3) (c) the words "immigrant, settled," shall be replaced by the words "long-term
resident,".
180
the right of residence, or",
b) In Article 15, the words "Act on the Entry and Residence of Nationals of Third Countries"
c) Article 21(2)(b), the words "has been granted immigration or settlement status" shall be
replaced by the words "has been granted long-term residence status",
d) Article 21 (7) (a), the words "the existence of settled or immigration status" shall be replaced
by the words "the existence of long-term residence status"
spleen.
183. Amendment of Act LXXXV of 2001 on the Protection Programme for Participants in
Criminal Proceedings and Assistants to Justice
331. §
In point b) of paragraph (3) of Article 34 of Act LXXXV of 2001 on the Protection Programme for
Participants in Criminal Proceedings and Assistants to Justice, the words "settled" shall be
replaced by the following
"long-term resident" is replaced by "long-term resident".
184. Amendment of Act XCIII of 2001 on the abolition of foreign exchange

restrictions and amendment of certain related acts
332. §
In Article 2(1)(a) of Act XCIII of 2001 on the abolition of foreign exchange restrictions and the
amendment of certain related acts, the words "in the case of Hungarian citizens under the age of
fourteen, immigrants and settled persons" shall be replaced by the words "in the case of
Hungarian citizens under the age of fourteen, persons with long-term residence rights".
185. Amendment of Act C of 2001 on the recognition of foreign certificates and

diplomas
333. §
Paragraph (4) of Article 6 of Act C of 2001 on the Recognition of Foreign Certificates and Diplomas
shall be replaced by the following:
"(4) A person referred to in paragraph (3) shall also be entitled to have his/her certificate or
diploma recognised or naturalised if he/she has applied for a residence permit for the purpose of
employment submitted by a preferential employer or a qualified lender as defined in the Act on the
General Rules for the Entry and Residence of Third-Country Nationals and proves this during the
recognition procedure. A decision on the application submitted in the recognition procedure may
be taken when the applicant presents the residence permit issued."
334. §
Act C of 2001 on the Recognition of Foreign Certificates and Diplomas, § 28 (2)

c) is replaced by the following:
181
(To be treated as a national of a Member State:)
"c) the long-term resident, and"
335. §
Act C of 2001 on the recognition of foreign certificates and diplomas

a) In Article 6(3), the words "for gainful employment" shall be replaced by the words "for the
purpose of employment",
b) § 6(5), the words "for the purpose of pursuing gainful employment" shall be replaced by the
following
"for employment purposes"
spleen.
186. Amendment of Act LXXX of 2003 on Legal Aid
336. §
Section 4 (1) f) of Act LXXX of 2003 on Legal Aid shall be replaced by the following provision:
(The party may be eligible for support if)

"f) is subject to the Btátátv., but does not have his/her residence or usual and lawful place of
abode in the territory of Hungary, and against whom the aliens' police authority has issued a
deportation order pursuant to Paragraph (1) or (3) of Article 98 of the Btátátv."
337. §
Section 23 (3) of Act LXXX of 2003 on Legal Aid shall be replaced by the following provision:
"(3) The legal aid service shall decide on the request for legal aid necessary to challenge before a
court the expulsion decision that has become final pursuant to Paragraph (1) or (3) of Article 98 of
the Btátv. as soon as possible, but no later than on the working day following the receipt of the
request."
338. §
Section 41 (2) of Act LXXX of 2003 on Legal Aid shall be replaced by the following provision:
"(2) If the legal aid service grants the application for legal aid necessary to challenge before the
court the expulsion decision which has become final pursuant to Article 98 (1) or (3) of the Btátv.,
it shall, simultaneously with the decision on extrajudicial assistance, by order appoint a legal aid
attorney and, if necessary, an interpreter, who shall interpret between the legal aid attorney and
the party in the course of providing the legal service on the basis of the appointment. No appeal
shall lie against the decision granting the application."
339. §
182
Act LXXX of 2003 on Legal Aid
a) Article 4(1)(b), the words "settled status" shall be replaced by the words "long-term resident
status",
b) Article 4 (1) (e), the words "Act on the Entry and Residence of Nationals of Third Countries"
shall be replaced by the words "Act No... of 2023 on the General Rules for the Entry and
Residence of Nationals of Third Countries (hereinafter referred to as the Btátv.)",
c) Article 5(2)(e), the words "settled status" shall be replaced by the words "long-term resident
status"
spleen.
187. Amendment of Act II of 2004 on Cinematography
340. §
Act II of 2004 on Cinematography

a) § 2, point 34(c), the words "holds an EC or national permanent residence permit" shall be
replaced by the words "holds an EC permanent residence permit, a national permanent
residence permit, an EU residence card or a national residence card",
b) Article 31/F (7), the words "a copy of the EC or national permanent residence permit" shall
be replaced by the words "a copy of the EC permanent residence permit, national
permanent residence permit, EU residence card or national residence card"
spleen.
188. Amendment of Act LXXXVIII of 2005 on Voluntary Activities in the Public Interest
341. §
Act LXXXVIII of 2005 on voluntary activities in the public interest

a) § 4 (6), in the opening words, the words "the Act on the Entry and Residence of Nationals of
Third Countries" shall be replaced by the words "the Act on the General Rules for the Entry
and Residence of Nationals of Third Countries" and the words "the Act on the Entry and
Residence of Nationals of Third Countries" shall be replaced by the words "the Act on the
Entry and Residence of Nationals of Third Countries".
"immigrant or permanent resident" is replaced by "or long-term resident",
b) 6.(5)(e), the words "immigrant or settled" shall be replaced by the following
"or a long-term resident",
c) In Annex 1, point 5, subpoint 5.5, the words "Act on the entry and residence of third-country
nationals" shall be replaced by "Act on the general rules for the entry and residence of third-
country nationals" and the words "Act on the entry and residence of third-country
nationals" shall be replaced by "Act on the general rules for the entry and residence of third-
country nationals".
"immigrant or permanent resident" is replaced by "or long-term resident"
spleen.
189. Amendment of Act I of 2007 on the entry and residence of persons with the right of
free movement and residence
342. §
Section 11 (2) c) of Act I of 2007 on the Entry and R e s i d e n c e o f Persons with the Right of Free
Movement and Residence shall be replaced by the following:
183
(The right of residence of a spouse who is a national of a third country shall be maintained as a
family member in the event of divorce or annulment of the marriage if)
"(c) it is justified by exceptional circumstances, in particular if the EEA national spouse has
committed a criminal offence intentionally during the marriage or has been in possession of
a permanent residence permit under Act No... of 2023 on the General Rules for the Entry
and Residence of Third-Country Nationals (hereinafter: Btátv.) before the marriage, or"
343. §
The following Article 62/A shall be added to the Chapter "Common Rules on Restrictions on the
Right of Residence" of Act I of 2007 on the Entry and Residence of Persons with the Right of Free
Movement and Residence:
"62/A. §
An EEA national or a family member who is subject to a restriction of the right of free movement
and residence on grounds of public policy, public security, national security or public health
pursuant to Article 33, or to an expulsion order by a final and conclusive decision of a court, or who,
on the basis of a notification by the aliens' registration authority, no longer has the right to stay for
more than 90 days within a period of one hundred and eighty days, shall be brought before the
aliens' registration authority."
344. §
Paragraph (4) of Article 64 of Act I of 2007 on the Entry and Residence of Persons with the Right of
Free Movement and Residence shall be replaced by the following:
"(4) On the basis of the notification sent by the court, the prosecutor's office or the investigating
authority to lift the travel restriction, or if the EEA citizen or family member is not subject to a
coercive measure pursuant to Section 16 (1) a) to f) of Act XII of 1998 on Travel Abroad, the
competent aliens' authority shall immediately lift the travel restriction and return the withheld
travel document of the EEA citizen or family member."
345. §
Paragraph (3) of Article 70 of Act I of 2007 on the Entry and Residence of Persons with the Right of
Free Movement and Residence shall be replaced by the following:
"(3) The client may also submit the application for the registration certificate, the residence card
of the family member of an EEA citizen and the permanent residence card via the electronic
interface for the initiation of aliens' cases pursuant to Section 166 (6) of the Btátv."
346. §
(1) Paragraph (2) of Article 94 of Act I of 2007 on the Entry and Residence of Persons with the
Right of Free Movement and Residence shall be replaced by the following:
184
"(2) A third-country national who holds a valid residence card or permanent residence card issued
to a family member of a Hungarian citizen at the time of the entry into force of the Act on the
Protection of the Rights of the Child (2) shall, upon application, be issued a national residence card
until the expiry of the validity of the residence card or permanent residence card without
examination of the conditions set out in Article 75 (1) (a) and (b) of the Btátv. and Article 83 (1) and
(2) of the Btátv:
a) in order to obtain a residence card or permanent residence card, the third-country national
has provided the aliens' authorities with false information or false facts,
b) has established the family relationship on the basis of which the residence card is issued in
order to obtain the right of residence,
c) the grounds for exclusion set out in Section 75 (1) c) and (2) of the Btátv. are applicable in
relation to his/her right of permanent residence,
d) the third-country national has a criminal record and has not been exempted from the
criminal record disqualification,
e) the marriage with the Hungarian citizen has not ended due to the death of the spouse within
three years of the issue of the residence card or permanent residence card, or the third-
country national's parental custody rights have ended,
f) there is no actual cohabitation with the Hungarian citizen,
g) the family member of a third-country national who is a Hungarian citizen has left the
territory of Hungary for more than six months, or
h) in the case of a residence card issued to a third-country national on the grounds of a family
relationship or, in the case of a permanent residence card of a Hungarian citizen, the spouse
of a Hungarian citizen has left the territory of Hungary with the intention of settling abroad."
(2) Section 94(2b)(b) of Act I of 2007 on the Entry and Residence of Persons with the Right of Free
Movement and Residence shall be replaced by the following:
[If the family member of a third-country national who is a Hungarian citizen had an immigrant or
settled status before the issue of the permanent residence card, his/her status has not been
withdrawn and he/she is not entitled to a national settlement permit under paragraph (2), the
document certifying his/her previous status shall be issued to him/her ex officio, unless]
"b) the conditions for revocation of the national residence card pursuant to Section 86 of the
Btátv. are fulfilled, or"
"(3) With regard to paragraph (2) c), the designated authorities shall be contacted in accordance
with the rules of the Btátv. on the acquisition of the right of permanent residence in order to
request a statement from the authorities."
"(5) In the case of a specialised matter specified in paragraph (4)(b), the designated specialised
authorities shall be contacted in accordance with the rules of the Btátv. on the acquisition of the
right of permanent residence with a view to requesting a statement from the specialised
authorities."
185
347. §
"(4) A family member of a UK citizen and a UK citizen who is a third-country national and who
holds a valid travel document and a registration certificate, residence card or permanent
residence card, may, upon application - pursuant to Section 75 of the Btátatv.
(1) (a) and (b) and without examination of the conditions set out in Section 83 (1) and (2) of the
Btátv.
a) any of the grounds for exclusion set out in Section 75 (2) of the Btátv. in relation to his/her
right of permanent residence,
b) the UK national or a family member of a UK national who is a third-country national has a
criminal record and has not been exempted from the criminal record disqualification,
c) in the case of a family member of a UK national who is a national of a third country, there is
no de facto cohabitation with the UK national, or
d) for a family member of a UK national who is a third-country national, if the UK national has
left Hungary with the intention of settling abroad."
"(7) A United Kingdom citizen who can provide credible evidence that he/she has resided in
Hungary on a regular basis before 1 January 2021 and holds a valid travel document may apply for
a national residence card pursuant to paragraph (4) even in the absence of the residence
documents listed therein, provided that if the application is submitted after 31 December 2021,
he/she must also provide evidence of reasonable grounds for missing the deadline."
(3) Paragraphs (10) and (11) of Article 95 of Act I of 2007 on the Entry and Residence of Persons
with the Right of Free Movement and Residence shall be replaced by the following provisions:
"(10) With regard to paragraph (9) c), the designated authorities shall be contacted in accordance
with the rules of the Btátv. on the issuance of national residence cards in order to request a
statement of the authorities. The designated specialised authority shall give its opinion within
fifteen days in both first instance and second instance proceedings on the question of whether the
permanent residence of an applicant for a national residence card endangers national security or
public safety in Hungary.
(11) If a child is born to a UK citizen who is a long-term resident under the Btátv. and a family
member who is a third-country national, a national residence card shall be issued to the child
after the birth has been notified in the case of a parent who holds a national permanent residence
permit, an EC permanent residence permit, a national residence card or an EU residence card."
(4) On the entry and residence of persons enjoying the right of free movement and residence
186
I. of 2007 Act No. I. of 2007, § 95 (13) and (14) shall be replaced by the following provisions:
"(13) A national residence card obtained under paragraphs (4), (7), (9) and (11) or a national
permanent residence permit obtained before the entry into force of the Btátátv. shall be revoked
by the aliens' registration authority if the UK citizen or a family member of the UK citizen who is a
third-country national
a) left Hungary for more than five consecutive years,
b) threatens public security or national security in Hungary,
c) is subject to expulsion or a ban on entry and residence or an SIS alert for a ban on entry and
residence, or
d) request the withdrawal of your national residence card.
(14) The national residence card of a family member of a UK citizen who is a third-country
national, obtained in accordance with paragraphs (4), (7), (9) and (11) or the national residence
card of a family member who is a third-country national, obtained in accordance with the Btátv.
national permanent residence permit or national residence card of a third-country national
obtained before the entry into force of the Btátv shall be withdrawn by the aliens' registration
authority if the national permanent residence permit or national residence card of the UK national
has been withdrawn, unless the family member has been granted a national permanent residence
permit or national permanent residence card in accordance with the general rules for the
acquisition of the right of permanent residence under the Btátv, excluding the Btátv.
§ 83 (2) - complies."
(5) Paragraphs (16) and (17) of Article 95 of Act I of 2007 on the Entry and Residence of Persons
with the Right of Free Movement and Residence shall be replaced by the following provisions:
"(16) A UK citizen who had an employment relationship in Hungary before 31 December 2020 and,
in view of this status, and taking into account that his/her place of residence or accommodation
was outside the territory of Hungary, was granted a residence permit for the purpose of
employment pursuant to Section 29/A of Act II of 2007 on the Entry and Residence of Nationals of
Third Countries (hereinafter: Harmtv.) In the procedure for the extension of his residence permit
without proof of the provisions of Section 13(1)(e) to (g) - the provisions of Section 242(1) of the
Btátv shall apply and the residence permit may be issued for the purpose of residence pursuant to
Section 28 or Section 36 of the Btátv. In the procedure for the extension of the residence permit,
the UK citizen need not provide proof of the provisions of Section 17(1)(e) to (g) of the Btátv.
(17) A UK citizen who was self-employed in Hungary before 31 December 2020 and, in view of this
status, taking into account that his/her place of residence or accommodation was outside the
territory of Hungary, obtained a residence permit for the purpose of earning income as defined in
Section 20 (1) of the Harmtv.
(1) (e) to (g) - in the procedure for the extension of his/her residence permit, the residence permit
may be issued for the purpose of residence pursuant to Section 21 of the Btátv. In the procedure
for the extension of the residence permit, the UK citizen does not need to provide evidence of the
requirements of Section 17 (1) (e) to (g) of the Btátv."
348. §
Act I of 2007 on the entry and residence of persons with the right of free movement and residence
a) § 41(6), the words "SIS alert pursuant to Article 2(j) of Act II of 2007 on the Entry and
Residence of Third-Country Nationals" shall be replaced by the following
187
the text "SIS warning signal under the Btátv.",
b) in § 47/B, the words "Act II of 2007 on the Entry and Residence of Nationals of Third
Countries (hereinafter: Harmtv.)" shall be replaced by "Btátv." the words "shall be replaced
by the following,
c) In § 61/A, the words "comply with." is replaced by "to comply, except in duly substantiated
cases of urgency." Text,
d) Article 67(3), the words "may also do so electronically" shall be replaced by the words "shall
complete the electronic aliens' case initiation electronic interface electronically",
e) In § 69, the words "Harmtv. Chapter IX." is replaced by "Btátv. PART IX of the BTA",
f) § 70 (4a), the words "Paragraph (7) of Section 86/H of the Harmtv." shall be replaced by the
words "Paragraph (7) of Section 86/H of the Btátv.
§ 166(7)",
g) § 94 (1) the words "Harmtv" shall be replaced by the words "Btátv",
h) In § 94 (2a) the words "Harmtv." is replaced by "Btátv." in the second sentence of Article 2,
i) § 94 (2b), in the opening words, the words "national permanent residence permit" are
replaced by "national residence card",
j) In § 94 (2c) the words "Harmtv" are replaced by the words "Btátv",
k) In § 94 (2d) the words "national application for permanent residence" are replaced by the
words "application for a national residence card",
l) In § 94 (6) the words "national permanent residence permit, the Harmtv." is replaced by the
words
"residence card, the Btátv." text,
m) § 94 (7) the words "EC application for permanent residence" shall be replaced by the words
"application for an EU residence card" and the words "Harmtv." is replaced by "Btátv." the
text ""Harmstat"",
n) In § 95 (1), the words "the Harmtv." is replaced by "the Btátv." the text,
o) § 95 (5) the words "the Harmtv. on the issue of a national permanent residence permit"
shall be replaced by the words "the Btátv. on the issue of a national residence card", the
the words "national permanent residence permit" are replaced by "national residence card"
and the words "permanent residence" are replaced by "long-term resident",
p) Article 95(6), the words "national permanent residence permit" shall be replaced by the
words "national residence card",
q) In Article 95 (8) the w o r d s "EC permanent residence permit pursuant to the rules of the
Harmtv." shall be replaced by the words "EU residence card pursuant to the rules of the
Btátv.",
r) In the opening wording of paragraph (9) § 95, the words "national settlement permit
pursuant to the Harmtv." shall be replaced by the words "national residence card pursuant
to the Btátv.",
s) Article 95(9)(a), the words "residing as a resident" shall be replaced by the following
"residing as a long-term resident",
t) Article 95(9)(b), the words "settlement permit" shall be replaced by "residence card",
u) Section 95(9)(c) the words "Section 33 of the Harmtv." shall be replaced by the words
"Section 75 of the Btátv.",
v) Article 95(12), the words "national permanent residence permit" shall be replaced by the
words "national residence card",
w) In § 95 (15) the words "Harmtv." is replaced by "Btátv." shall be replaced
by.
349. §
Section 95(18) of Act I of 2007 on the Entry and Residence of Persons with the Right of Free
Movement and Residence shall cease to apply.
188
190.
189
amendment of the law
350. §
The Act of 2007 on the entry and residence of third-country nationals (2007.
Act II
a) 1-86. §-a,
b) § 86/A,
c) 86/B-86/D. §-a,
d) § 86/E,
e) 86/F-86/H. §-a,
f) 86/I. §-a,
g) 86/J. §-a,
h) 86/K. §-a,
i) 86/L. §-a,
j) 86/M. §-a,
k) 86/N-86/R. §-a,
l) 87. §-a,
m) 87/A-87/K. §-a,
n) 87/L. §-a,
o) 87/M. §-a,
p) § 87/N (1),
q) § 87/N (2)-(10),
r) 87/O-120. §-a.
351. §
The Act of 2007 on the entry and residence of third-country nationals (2007.
Act II.
191. Amendment of Act LXXX of 2007 on the Right of Asylum
352. §
Paragraph (4) of Article 1 of Act LXXX of 2007 on the Right of Asylum shall be replaced by
the following provision:
"(4) An alien recognised as a refugee or a person enjoying the protection of a Member State of the
European Union may be granted an EU Blue Card (hereinafter referred to as EU Blue Card) in
accordance with Act No... of 2023 of ... on the General Rules for the Entry and Residence of Third-
Country Nationals (hereinafter referred to as the Btátv.). If an alien recognised by Hungary as a
refugee or a person granted protection is in receipt of an EU Blue Card, the asylum authority shall
take measures to withdraw the alien's identity card."
353. §
Act LXXX of 2007 on the Right of Asylum

a) Article 25(1)(c), the words "settled status" shall be replaced by the words "long-term
resident status",
b) Article 45(5), the words "on the entry and residence of third-country nationals" shall be
replaced by
190
Act II of 2007 on the 2007. évi II. törvény" is replaced by "Btátv." the text,
c) In § 45 (6), the words "Act II of 2007 on the Entry and Residence of Nationals of Third
Countries" shall be replaced by "Btátv." in the second sentence of Article 3(2) of the Act,
d) In paragraph (3) of Article 66, the words "Act II of 2007 on the Entry and Residence of
Nationals of Third Countries" shall be replaced by "Btátv." in Article 66(2) of the Act,
e) 80/D. § (1) paragraph (d) a "third country nationals on the entry of
third-country nationals and Residence Act" is replaced by "Btátv." the text,
f) In § 89 (5), the words "EC establishment permit holder" are replaced by the following
"holder of an EC residence permit or EU residence card",
g) in Article 89 (6), the words "Paragraph (10) of Article 34 of Act II of 2007 on the Entry and
Residence of Citizens of Third Countries" shall be replaced by the words "Paragraph (3) of
Article 81 of the Btátv."
spleen.
192. Amendment to Act IV of 2009 on State Guarantees for Housing Loans
354. §
Article 1 of Act IV of 2009 on the State Payment Guarantee for Housing Loans Act No.
point 10(c) is replaced by the following:
(In this Act and in the legislation issued pursuant to this Act, a natural person is:)
"c) a third-country national, if he/she has the right of permanent residence according to Act
No... of 2023 on the General Rules for the Entry and Residence of Third-Country
Nationals (hereinafter referred to as "the Act"),"
193. Amendment of Act CXV of 2009 on the Sole Entrepreneur and the Sole Proprietorship
355. §
Point d) of Paragraph (1) of Section 3 of Act CXV of 2009 on Individual Entrepreneurs and
Individual Companies shall be replaced by the following provision:
(You can be self-employed:)

"d) a person with a long-term residence permit subject to the Act on General Rules for the Entry
and Residence of Third-Country Nationals, a person with a residence permit issued for the
purpose of self-employment as a guest, for the purpose of employment, for the purpose of
family reunification or for the purpose of study, and a person who is admitted and stateless
and has a residence permit issued for humanitarian purposes."
194. Amendment of Act CXXV of 2009 on Hungarian Sign Language and the Use of
Hungarian Sign Language
356. §
Act CXXV of 2009 on Hungarian Sign Language and the Use of Hungarian Sign Language § 4 (1)
191
in the opening words of paragraph 1, the words 'immigrant and settled hearing impaired persons'
shall be replaced by the following
"a hearing impaired person with a permanent right of residence".
195. Amendment of Act I of 2010 on Civil Status Procedure
357. §
In Section 62 (2) (a) of Act I of 2010 on Civil Registration Procedure, the

the words "as an immigrant, settled" are replaced by "as a long-term resident".
196. Amendment of Act LXXV of 2010 on Simplified Employment
358. §
Act LXXV of 2010 on simplified employment

a) Article 2(5), the words "the Act on the Entry and Residence of Nationals of Third Countries"
shall be replaced by the words "the Act on the General Rules for the Entry and Residence of
b) § 5(1), the words "person with immigration or settlement status" shall be replaced by
"person with long-term resident status"
spleen.
197. Amendment to Act LXXV of 2011 on the Fixing of the Repayment Rate of
Foreign Currency Loans and the Regulation of the Compulsory Sale of
Residential Real Estate
359. §
Section 1(1)(13)(c) of Act LXXV of 2011 on the Fixing of the Repayment Rate of Foreign Currency
Loans and the Regulation of the Compulsory Sale of Residential Real Estate shall be replaced by
the following:
(In this Act and in the legislation issued pursuant to this Act: natural person:)
"c) a third-country national, if he/she has the right of permanent residence according to Act
No... of 2023 on the General Rules for the Entry and Residence of Third-Country
Nationals (hereinafter referred to as "the Act"),"
198.Amendment of Act CVI of 2011 on public employment and amending other acts related
to public employment and other acts
360. §
Article 1(4)(b)(bc) of Act CVI of 2011 on public employment and amending other acts related to
public employment and other acts shall be replaced by the following:
(A natural person who meets one of the following conditions may be

employed as a public employee:)
"bc) a third-country national who is the subject of an aliens' registration
192
ordered to stay at a place designated pursuant to Article 128 (1) (a), (c), (d) or (f) of Act
No... of 2023 on the General Rules on the Entry and Stay of Third-Country Nationals."
199. Amendment of Act CXXXII of 2011 on the National University of Public Service and on
Higher Public Administration, Law Enforcement and Military Education
361. §
In Article 13/A of Act CXXXII of 2011 on the National University of Public Service and on Public
Administration, Law Enforcement and Military Higher Education, the words "immigrant or
settled status" shall be replaced by the words "long-term residence status".
200. Amendment of Act CXC of 2011 on National Public Education
362. §
Section 92 (1) (c) of paragraph (1) of Article 92 of Act CXC of 2011 on National Public Education
(A minor who is not a Hungarian citizen becomes entitled to nursery care and is of compulsory
school age in Hungary if)
"c) is subject to the Act on the General Rules for the Entry and Residence of Third-Country
Nationals and has a long-term residence permit or a permit entitling him/her to reside in the
territory of Hungary."
201. Amendment of Act CXCI of 2011 on the Benefits of Persons with Disabled Work
Capacity and on the Amendment of Certain Acts
363. §
Act CXCI of 2011 on Benefits for Persons with Disabled Work Capacity and amending certain Acts
a) 21.(1)(a)(al), the words "immigrant, settled" shall be replaced by the following
"long-term resident status",
b) § 21/B (2) (a) (ac) in subsection (2) (a), the words "immigrant, settled" shall be replaced by
the words "long-term resident"
spleen.
202. Amendment of Act CCIV of 2011 on National Higher Education
364. §
Act CCIV of 2011 on National Higher Education

a) Article 39 (1) (b) the words "immigrant, settled person" shall be replaced by the following
b) Article 39 (1) (f), the words "the Act on the Entry and Residence of Nationals of Third
193
c) Article 80(2b), the words "having the status of holder, immigrant or settled person" shall be
replaced by "having the status of holder or long-term resident"
spleen.
203.Amendment of Act II of 2012 on offences, the offence procedure and the offence
registration system
365. §
Paragraph (1) of Article 208 of Act II of 2012 on Administrative Offences, Administrative Offences
Procedure and the Administrative Offences Registration System shall be replaced by the following
provision:
"(1) Any person who violates the rules on the notification, reporting or stay of aliens in the
territory of the country, including the case where the alien has not left the territory of Hungary
until the day following the deadline specified in the expulsion decision or the order on the
enforcement of the expulsion by a court, regardless of whether or not the alien has been
deported, commits an offence."
366. §
In Article 168/A of Act II of 2012 on Administrative Offences, Administrative Offences Procedure

and the Administrative Offences Registration System, the words "the Act on the Entry and
Residence of Third-Country Nationals" shall be replaced by the words "the Act on the General
Rules for the Entry and Residence of Third-Country Nationals".
204. Act LXXXVI of 2012 on transitional provisions and legislative amendments related to
the entry into force of Act I of 2012 on the Labour Code
modify
367. §
In the opening wording of paragraph (1) of Article 19 of Act LXXXVI of 2012 on transitional
provisions and amendments to the Act I of 2012 on the Labour Code, the words "Act on the Entry
and Residence of Nationals of Third Countries" shall be replaced by the words "Act on the General
Rules for the Entry and Residence of Nationals of Third Countries".
205. Amendment of Act C of 2012 on the Criminal Code
368. §
Paragraph (5) of Article 459 of Act C of 2012 on the Criminal Code shall be replaced by the
"(5) For the purposes of this Act

a) third-country national shall be understood as defined in the Act on the General Rules for the
Entry and Residence of Third-Country Nationals,
b) an authorisation issued for the purpose of work:
194
ba) the National Card,
bb) a Company Card issued pursuant to Article 48 (2) (b) or (c) of Act No... of 2023 on the
General Rules for the Entry and Residence of Third-Country Nationals,
bc) a residence permit for seasonal work,
bd) a residence permit issued for the purpose of carrying out an investment project,
be) a residence permit for employment purposes,
bf) a guest worker residence permit,
bg) Hungarian Card,
bh) EU Blue Card,
bi) a residence permit (including a long-term mobility permit) issued for the purpose of intra-
corporate transfer,
bj) a research residence permit (including a long-term research residence permit and a short-
term researcher mobility certificate),
bk) a residence permit for study purposes (including a student mobility residence permit and
a student mobility certificate),
bl) a residence permit issued under the single application procedure for the purpose of
ensuring family reunification,
bm) a residence permit issued for humanitarian purposes,
bn) a residence permit for the purpose of posting."
369. §
Act C of 2012 on the Criminal Code

a) Article 59(3), the words "with the right of residence as a settled person or immigrant" shall
be replaced by the words "with the right of permanent residence",
b) In § 209(b), the words "the right to pursue a gainful occupation" are replaced by the following
"issued for employment purposes",
c) In the opening words of § 356 (1), the words "authorised to engage in gainful employment"
are replaced by "issued for the purpose of employment",
d) Article 356 (2) (a), the words "authorised to engage in gainful activity" shall be replaced by
the words "issued for the purpose of employment",
e) Article 356 (3) (a), the words "the Act on the Entry and Residence of Nationals of Third
spleen.
206. Act CLXXXI of 2012 on the exchange of information within the framework of
the second generation Schengen Information System and on the amendment of certain
laws relating to law enforcement in connection with this and the Hungarian
Simplification Programme
modify
370. §
In point c) of Article 16 of Act CLXXXI of 2012 on the exchange of information within the
framework of the second generation Schengen Information System and on the amendment of
certain laws relating to law enforcement in connection therewith and the Magyary Simplification
Programme, the words "the Act on the entry and stay of third-country nationals" shall be replaced
by the following
"Act on the General Rules for the Entry and Residence of Third-Country Nationals".
195
207. Amendment of Act LXXVII of 2013 on Adult Education
371. §
In Section 25 (3) (a) of Act LXXVII of 2013 on Adult Education, the words "with recognised,
immigrant or settled status" shall be replaced by the words "with recognised or long-term
residence status".
208. amendment of Act LXXXVIII of 2013 on the wanted persons' registration system
and on the tracing and identification of persons and things
372. §
Point b) of paragraph (1) of Article 3/A of Act LXXXVIII of 2013 on the Wanted Persons Registration
System and on the Search and Identification of Persons and Things shall be replaced by the
[After recording the data specified in Section 3 (2) a) aa)-ai) of paragraph 3, the registry will
contact the following by direct data link]
"b) the body keeping the sub-registers of the Central Aliens Police Register pursuant to Articles
254, 256, 258 and 259 of Act No... of 2023 on the General Rules on the Entry and Stay of
Third-Country Nationals (hereinafter referred to as the "Btátv."), and"
(transmit the facial image of the wanted person in the register kept by the person concerned to the
registrar by direct data link.)
373. §
Section 3/B (1) b) of Act LXXXVIII of 2013 on the Wanted Persons Registration System and on the
Search and Identification of Persons and Things shall be replaced by the following provision:
[The registry shall electronically compare the data referred to in point (a) of paragraph (2) of
Article 3 for the purpose of monitoring their changes when recording, amending or correcting the
data specified in points (a) to (l) of paragraph (2) of Article 3, and before requesting or
transmitting data from the register]
"b) in the case of persons subject to the central aliens' register, with the data managed by the
body keeping the sub-registers of the central aliens' register pursuant to Articles 254, 256,
258 and 259 of the Btátv."
209. Amendment to Act CCXL of 2013 on the enforcement of penalties, measures, certain
coercive measures and the detention of offenders
374. §
Act No CCXL of 2013 on the enforcement of penalties, measures, certain coercive measures
and the detention of offenders
a) In Article 301(5), the words "on the entry and residence of third-country nationals" are
replaced by "on the general rules on the entry and residence of third-country nationals",
b) Article 301(6), the words "on the entry and residence of third-country nationals" shall be
replaced by "on the entry and residence of third-country nationals".
196
and residence',
c) In Article 388(2a), the words "Act on the Entry and Residence of Nationals of Third
Countries" shall be replaced by the words "Act on the General Rules for the Entry and
spleen.
210. Amendment of Act CXLIII of 2015 on Public Procurement
375. §
In point l) of paragraph (1) of Article 62 of Act CXLIII of 2015 on Public Procurement, the words
"Act on the Entry and Residence of Nationals of Third Countries" shall be replaced by the following
"third from nationals for entry and residence vonatkozó the text
of the Act on general rules on the admission and residence of citizens of the Republic of
211. Amendment of Act CLXXXVIII of 2015 on the Facial Image Analysis Register
and the Facial Image Analysis System
376. §
Point h) of Section 1 of Act CLXXXVIII of 2015 on the Facial Image Analysis Register and the Facial
Image Analysis System shall be replaced by the following provision:
(For the purposes of this Act)

"h) body obliged to disclose data: the body keeping the register of identity and address, the sub-
registers of the central aliens' register pursuant to Articles 254, 256, 258 and 259 of Act No...
of 2023 on the general rules on the entry and residence of third-country nationals
(hereinafter referred to as the Btátv.), the register of refugees and the central travel
document register, and the criminal records body,"
377. §
Act CLXXXVIII of 2015 on the Facial Image Analysis Register and the Facial Image Analysis System
a) § 3 (3) (m) the words "the Harmtv." is replaced by "the Btátv." the words,
b) Section 4 (1) (b), the words "Section 95 of the Harmtv." shall be replaced by the words
c) Section 4 (1) (c), the words "Section 96 of the Harmtv." shall be replaced by the words
d) Section 4 (1) (d), the words "Section 98 of the Harmtv." shall be replaced by the words
e) Section 4 (1) (e), the words "Section 99 of the Harmtv." shall be replaced by the words
f) In § 15 (2), the words "§ 95, § 96, § 98 and § 99 of the Harmtv." shall be replaced by the
following
"Sections 254, 256, 258 and 259 of the Btátv.",
g) In § 15 (3), the words "§ 95, § 96, § 98 and § 99 of the Harmtv." shall be replaced by the
following
h) § 15 (8) the words "§ 95, § 96, § 98 and § 99 of the Harmtv." shall be replaced by the following
i) In § 15 (9), the words "§ 95, § 96, § 98 and § 99 of the Harmtv." shall be replaced by the
197
following
j) In § 15 (10), the words "§ 95, § 96, § 98 and § 99 of the Harmtv." shall be replaced by the
following
"Sections 254, 256, 258 and 259 of the Btátv."
198
spleen.
378. §
Article 21 of Act CLXXXVIII of 2015 on the Facial Image Analysis Register and the Facial Image
Analysis System shall cease to apply.
212. Amendment of Act CCXXII of 2015 on the General Rules of Electronic Administration
and Trust Services
379. §
In Article 82 (4) of Act CCXXII of 2015 on the General Rules for Electronic Administration and
Trust Services, the words "Act on the Entry and Residence of Third-Country Nationals" shall be
replaced by the words "Act on the General Rules for the Entry and Residence of Third-Country
Nationals".
213. Amendment of Act XV of 2016 on National Home Building Communities
380. §
In Section 33 (2) (c) of Act XV of 2016 on National Homebuilding Communities, the words "having
immigrant or settled status," shall be replaced by the words "having the right of permanent
residence, or".
214. Amendment of Act XXX of 2016 on Defence and Security Procurement
381. §
In point 13 of paragraph (1) of Article 45 of Act XXX of 2016 on Defence and Security Procurement,
the words "the Act on the Entry and Residence of Nationals of Third Countries" shall be replaced
by the words "the Act on the General Rules for the Entry and Residence of Nationals of Third
Countries".
215. Amendment of Act LXXVIII of 2017 on the Activities of Lawyers
382. §
Act LXXVIII of 2017 on the Activities of Lawyers

a) § 32 (3) (b) the words "refugee, immigrant, settled or EEA national status," shall be replaced
by the words "refugee or EEA national status, long-term resident status,",
b) 32.(3)(i), the words "Article 95(1)(g), Article 96(1)(g) and Article 100. § Article 96(1)(b) and
(c)" shall be replaced by "Article 254(1)(g), Article 256(1)(f) and Article 261(1)(b) and (c) of
Act ... of 2023 on the General Rules on the Entry and Residence of Third-Country Nationals,
c) § 33 (2) (c)) the words "refugee, immigrant, settled or EEA national status," shall be replaced
by "refugee or EEA national status, long-term resident status,"
199
spleen.
216. Amendment of Act XC of 2017 on Criminal Procedure
383. §
Act XC of 2017 on Criminal Procedure

a) Article 830(2), the words "Act on the Entry and Residence of Nationals of Third Countries"
b) Article 830 (4) (a), the words "the Act on the Entry and Residence of Nationals of Third
c) Section 830 (4) (b), the words "Act on the Entry and Residence of Nationals of Third
d) Article 830(6), the words "Act on the Entry and Residence of Nationals of Third Countries"
spleen.
217. Amendment of Act CLIII of 2017 on the enforcement procedures to be taken by the
tax authority
384. §
Act CLIII of 2017 on enforcement procedures to be taken by the tax authority

a) § 34 (5) (b) the words "refugee, immigrant, settled" shall be replaced by the following
"long-term resident, refugee",
b) in Article 34(5)(f)(fc), the words "Article 95(1)(g), Article 96(1) of Act II of 2007 on the Entry
and Residence of Nationals of Third Countries
( g), and under Article 100(1)(b) and (c) of the Act" shall be replaced by the following
"pursuant to Article 254(1)(g), Article 256(1)(f) and Article 261(1)(b) and (c) of Act ... of 2023
on the General Rules for the Entry and Residence of Third-Country Nationals"
spleen.
218. Amendment of Act LII of 2018 on Social Contribution Tax
385. §
In point (d) of paragraph (2) of Article 5 of Act LII of 2018 on Social Contribution Tax, the
"immigrant or settled status" text replaced by a "permanent
long-term resident status".
219. Amendment of Act LV of 2018 on the Right of Assembly
386. §
In Section 3(3)(c) of Act LV of 2018 on the Right of Assembly, the words "the Act on the Entry and
Residence of Nationals of Third Countries" shall be replaced by the following
200
"Act on the General Rules for the Entry and Residence of Third-Country Nationals" and the words
"with long-term resident status" are replaced by "with long-term resident status".
220. Amendment of Act LXXXIX of 2018 on the Education Register
387. §
In Article 7 (24) of Act LXXXIX of 2018 on the Education Register, the words "Act II of 2007 on the
Entry and Residence of Third-Country Nationals" shall be replaced by the words "Act ... of 2023 on
the General Rules for the Entry and Residence of Third-Country Nationals".
221. Amendment of Act CIII of 2018 on the Provision of Home Ownership for
Natural Persons Participating in the National Asset Management Programme
388. §
Act CIII of 2018 on the Provision of Housing for Natural Persons Participating in the National Asset
Management Programme
a) In § 1(h)(hc), the words "Act on the entry and residence of third-country nationals" shall be
replaced by "Act on the general rules for the entry and residence of third-country nationals"
and the words "Act on the entry and residence of third-country nationals" shall be replaced
by "Act on the general rules for the entry and residence of third-country nationals".
the words "with immigration or settlement status" are replaced by "with long-term resident
status",
b) In § 1, point (h)(hd), the words "Act on the Entry and Residence of Nationals of Third
Residence of Nationals of Third Countries".
spleen.
222. Amendment of Act CXIV of 2018 on the Status of Defence Employees
389. §
In point c) of paragraph (1) of Article 12 of Act CXIV of 2018 on the Status of Defence Employees,
the words "immigrant or settled" shall be replaced by the words "with long-term residence
permit".
223. amending, for the purposes of harmonisation, certain acts related to the European
Border Registration System and the European Travel Information and Authorisation
System
amendment of Act XCVI of 2019 on the amendment of Act XCVI of
2019
390. §
Act XCVI of 2019 amending certain Acts related to the European Border Registration System and
the European Travel Information and Authorisation System for the purpose of harmonisation shall
not enter into force
a) § 6 (1),
b) § 23 (1),
c) § 23 (2),
d) 24. §-a,
201
e) § 25 (1),
f) § 25 (2),
g) § 26 (2),
h) § 28 (1),
i) § 28 (2).
224. Amendment of Act CXXII of 2019 on the persons entitled to social security benefits and
the coverage of these benefits
391. §
Act CXXII of 2019 on persons entitled to social security benefits and on the coverage of these
benefits
a) In § 4, point 1, subpoint 1.1, the words "immigrants and persons having settled status" are
replaced by the following
b) Article 43(2), the words "the Act on the Entry and Residence of Nationals of Third Countries"
shall be replaced by the words "the Act on the General Rules for the Entry and Residence of
spleen.
225. Amendment of Act C of 2020 on the Health Service Relationship
392. §
In Article 17(1)(h)(ha) of Act C of 2020 on the Health Service, the words "the status of immigrant
or settled person" shall be replaced by the words "the status of permanent resident".
226. amendment of Act CXXXV of 2020 on services and subsidies to promote employment and
on the supervision of employment
393. §
In Act CXXXV of 2020 on Services and Subsidies to Promote Employment and on the
Supervision of Employment, Section 11 (1) a) ab) of the
"immigrant, settled," is replaced by "long-term resident,".
227.
to create the capacity of the European Union to act in the field of the protection of the
environment, the amendment of Act CXLII of 2021 amending
certain acts for the purpose of legal harmonisation
394. §
Sections 21-24 of Act CXLII of 2021 amending certain Acts for the purpose of legal harmonisation
in order to create the interoperability of EU information systems in the areas of borders, visas,
police and judicial cooperation, asylum and migration shall not enter into force.
228.
Amendment of Act IV of 2022 amending Act II of the Law of the Republic of Hungary
202
395. §
Act IV of 2022 amending certain Acts related to Act II of 2022 on t h e List of Ministries of Hungary
shall not enter into force
a) 40. §-a,
b) 86. §-a.
229. amendment of Act XXXVIII of 2023 amending certain acts related to the
professional service and records
396. §
Article 65 of Act XXXVIII of 2023 amending certain Acts related to the professional service and
records shall not enter into force.
230. Amendment of Act L of 2023 on the Employment of Guest Workers in Hungary
397. §
Act L. of 2023 on the Employment of Guest Workers in Hungary shall cease to have effect
a) 1-6. §-a,
b) § 7 (1)-(4),
c) § 7 (5),
d) § 7(6)-(10),
e) 8-15. §-a.
398. §
Act L of 2023 on the employment of guest workers in Hungary shall cease to have effect.
231.Amendment of Act No... of 2023 on the general rules for the entry and residence of third-
country nationals
399. §
Paragraph (1) of Article 12 of Act ... of 2023 on the General Rules for the Entry and Residence of
Third-Country Nationals shall be replaced by the following:
"(1) The entry and stay of a third-country national for the purpose of a short stay in Hungary
shall require a visa or an ETIAS travel authorisation, unless otherwise provided by a directly
applicable European Community act, an international treaty, this Act or a government decree
based on the authorisation of this Act."
400. §
Paragraph (1) of Article 273 of Act No... of 2023 on the General Rules for the Entry and Residence
of Third-Country Nationals shall be replaced by the following:
"(1) The acting immigration authority may provide data to the National Information Centre as
follows:
203
a) from the aliens sub-registers specified in this Part for the purposes of risk analysis of
passenger data, analysis-assessment and the fulfilment of intelligence requirements,
b) in order to carry out the task set out in Article 55(5) and (6) of Regulation (EU) 2018/1240 of
the European Parliament and of the Council:
ba) in relation to paragraph (1) of Article 254, in respect of third-country nationals who are
holders of a visa or a permit in lieu of a visa,
bb) with regard to Article 256(1), third-country nationals who are family members of a third-
country national who, under an agreement between the Union and its Member States,
on the one hand, and the third country concerned, on the other, enjoy rights of free
movement equivalent to those of Union citizens and who, on that basis, hold a
residence permit pursuant to Regulation (EC) No 1030/2002,
bc) in relation to point (b) of paragraph (1) of Article 260, stateless persons residing in
Hungary or other persons who do not have the nationality of any country."
204

New Hungarian Immigration Regulations - en

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New Hungarian Immigration Regulations - en

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Document number: T/6079/12.

Date of submission: 2023-12-08 11:17

The Parliamentary Parlex ID: RPMSBSRM0004

Addressed to László Kövér, Speaker of the National Assembly

on the general rules for entry and residence of third-country nationals

(1) The Hungarian citizen

(3) A separate law defines

2. Duration and limits of stay

Third-country national in Hungary

3. Titles of permanent residence

(1) Third-country national residing permanently in Hungary

4. The obligation to leave the country

5. Presumption in relation to third country nationals

A non-EEA national shall be considered a third-country national until proven otherwise,

6. Special rules concerning the applicability of certain provisions of this Act

(5) A third-country national granted temporary protection by a Hungarian asylum authority or

For the purposes of this Act

7. Visa for residence permit

8. The Visitor Investor Visa

(2) Visitor investor visas are available to third-country nationals,

9. General conditions for permanent residence in Hungary

10. General rules on residence permits

11. Temporary residence certificate

(2) Period of validity of the temporary residence certificate

12. The guest-self-employed

(8) A national residence card cannot be issued to a self-employed guest.

(3) A third-country national may be granted a residence permit as a guest investor,

(14) Third-country national holding a residence permit for a foreign investor § 71

15. Employment of guest workers to carry out an investment

17. The residence permit for foreign workers

(1) A guest worker residence permit can be issued to guest workers,

(2) It is considered a preferential employer:

(6) A guest worker cannot be issued with a national residence card.

18. Loss of legal basis for the employment of a guest worker

19. Registration and employment fee

20. Interpretative provisions

For the purposes of this

21. Stay of a highly qualified worker - the Hungarian Card

(3) The Hungarian Card is only available to third-country nationals,

(2) An EU Blue Card is issued to third-country nationals,

(3) You cannot get an EU Blue Card

23. Intra-corporate transfer

(3) You cannot be granted an intra-corporate transfer residence permit

24. The researcher's stay

(1) A researcher is a third-country national holding a doctorate or an appropriate higher education

(2) You cannot be granted a residence permit for research purposes

(3) Period of validity of the research residence permit

25. Relocating a business to Hungary - the Business Card

26. The National Card

The provisions of § 33 shall apply to the National Card.

27. Stay of the student for the purpose of further studies

(2) You cannot be granted a residence permit for study purposes

(3) Period of validity of the residence permit for study purposes

(3) A residence permit pursuant to this Section shall not be renewable.

28. The trainee's stay

(1) A third-country national who can prove that he or she is

29. The official purpose of the stay

(2) A temporary residence permit may be issued to a third-country national who

(4) The temporary residence permit cannot be renewed.

31. The stay of the digital nomad - the White Card

(2) A third-country national can be issued with a White Card if he or she

(3) You cannot get a White Card

33. Stay for medical treatment