Single application procedure

1)What is the single application procedure?

 

Single application procedure is a procedure for authorising a third-country national’s stay in Hungary for more than ninety days within a period of one hundred and eighty days and the establishment of an employment relationship between the applicant and a specific employer.

 

2)What is the single permit?

 

A single permit is a residence permit that entitles a third-country national to establish contract employment relationship with an employer indicated on the permit and to reside in the territory of Hungary.

 

3)When do single application procedures take place?

 

a)If the third-country national submitted an application for the issuance or for the extension of a residence permit for the purpose of the following reasons:

·        residence permit for seasonal employment,

·        residence permit for employment for the purpose of investment,

·        residence permit for the purpose of employment,

·        residence permit for guest workers,

·        National Card,

·        Hungarian Card,

·        EU Blue Card,

·        residence permit for intra-corporate transfer,

·        residence permit for research,

·        short-term mobility certificate of researchers

·        long-term mobility residence permit for the purpose of research

·        Corporate Card (in case of employment)

·        employment residence permit for reasons of Hungarian national interest.

 

b)If the applicant intends to establish a contract of employment relationship and submits an application for a residence permit for the following reasons:

·        on humanitarian grounds (as a recognised stateless person; as a person cooperating with the authorities for law enforcement or national security interest; or as a person who has been employed under particularly exploitative conditions or as a who has been employed without holding a residence permit)

·        for the purpose of family reunification.

 

c)If the applicant intends to establish a contract of employment relationship and holds a residence permit for the following reasons:

·        residence permit for the purpose of family reunification,

·        Corporate Card (as a senior officer of a legal person),

·        on humanitarian grounds (as a recognised stateless person; as a person cooperating with the authorities for law enforcement or national security interest; or as a person who has been employed under particularly exploitative conditions or as a who has been employed without holding a residence permit),

·        residence permit for reasons of Hungarian national interest.

 

The single application procedure shall not apply to:

 

·        persons with the right of free movement and residence;

·        person who has been posted to the territory of Hungary under Directive 96/71/EC of the European Parliament and of the Council;

·        a third-country national who is residing, or intends to reside in the territory of Hungary to work as an au pair or as a seafarer;

·        person who has applied for refugee status, subsidiary protection or temporary protection to the asylum authority;

·        person who has been granted refugee status, subsidiary protection or temporary protection in Hungary;

·        beneficiaries of tolerated status;

·        persons holding an EU residence permit certifying long-term residence status granted by any Member State of the European Union;

·        if the purpose of stay of the applicant is to perform self-employed activity for remuneration under the relevant legislation (e.g. self-employment, small-scale producer/farmer)

·         person applying for residence for the purpose of study;

·         a third-country national who wishes to work during a short-stay.

 

4)Procedure by the competent specialised authority within the single application procedure

In the single application procedure, in the first instance, the Government Office and in the second instance, the Minister responsible for the employment of third-country nationals in Hungary act as the competent authority in order to determine whether the employment of the third-country national is supported on grounds of the employment policy of Hungary.

The following government office is competent to conduct the procedure:

·        in principle, the competent government office where the third-country national is employed;

·        when the nature of the work is such that it may involve the territory of more than one county, the competent government office of the place where the work began;

·        if the third-country national is to be employed in several premises of the employer in different counties, the competent government office where the employer is based.

In the following cases, the Government Office and the Minister responsible for the employment of third-country nationals in Hungary does not participate as acting authority:

if the third-country national:

·        applies for the issuance of a residence permit for guest workers,

·        applies for the issuance or extension of a residence permit for employment for the purpose of investment,

·        applies for the issuance or extension of a National Card,

·        is working within the framework of post-doctorate related employment, and under the János Bolyai Research Scholarship as part of the tender and within the framework of the scholarship programme,

·        clergyman as defined by law,

·        is a researcher working within the framework of an international agreement between Hungary and another State, provided that this is verified by a certificate issued by the Hungarian Academy of Sciences,

·        conducts research in Hungary under a hosting agreement with an accredited research organisation,

·        professional athlete,

·        professional trainer/coach,

·        is a close relative of military personnel or of the civilian staff stationed in the territory of Hungary for official purposes under the NATO-SOFA Agreement,

·        person who has been legally residing in the territory of Hungary for at least one year before the submission of an application, holding a valid residence permit issued for the purpose of family reunification, and employment of the sponsor family member is an exempt from work permit requirement,

·        family member of a refugee or a person who is granted subsidiary protection, or a parent or guardian of an unaccompanied minor recognised as refugee, in case he/she has a valid residence permit issued for a purpose of family reunification before the submission of the application,

·        United Kingdom national who had an employment in Hungary before 31 December 2020 and in view of this status, was granted a residence permit for the purpose of employment, taking into account that his/her place of residence or accommodation was outside of the territory of Hungary, and who applies for the extension of his/her residence permit,

·        person who applies for a residence permit as a family member of a Hungarian citizen,

·        person who applies for a residence permit for reasons of Hungarian national interest.

The government agency acting as the specialised authority shall give its opinion to the acting regional directorate within the following time limits:

within 10 days

·        if the employment of the third-country national in the territory of Hungary under contract for employment relationship is exempt from the authorisation requirement or

·       employment is not subject to a labour market examination, and

·       in the case of seasonal employment, if the third-country national resided in Hungary for seasonal employment at least once during the five years before the submission of the application and has fully complied with the provisions of aliens policing and labour legislation.

within 8 days

 

·        if the employment of the third-country national in Hungary is granted by a residence permit for guest workers at preferential employer or lenders of labour force,

·       on the application for an EU Blue Card by a third-country national holding a residence permit issued by a Member State of the European Union for the purpose of highly qualified employment,

·       on the application for a residence permit of a family member who joins a third-country national holding an EU Blue Card in Hungary after the EU Blue Card has been issued and who holds a valid residence permit issued by another Member State of the European Union, and whose family relationship with the EU Blue Card holder already existed in the first Member State.

Please note that the procedure of the specialised authority does not count in the time limit of the single application procedure.

During the procedure, the specialised authority may issue a letter of formal notice to the applicant in order to clarify the facts.