Latest Updates on Labour Migration Legislative Framework in Hungary

Changing legislative framework on labour migration to Hungary Krist f Andr s J GER dr. Pol. Lt. Col. Director National Directorate-General for Aliens Policing 1

Legislative change The Act XC of 2023 on the General Rules for the Entry and Right of Residence of Third-Country Nationals, published in the Hungarian Gazette on 21.12.2023, came into force on the 1st of January 2024 Government Decree 35/2024. (II. 29.) on the Implementation of The Act XC of 2023 on the General Rules for the Entry and Right of Residence of Third- Country Nationals came into force on the 1st of March 2024 2

The newest legislative change Annex 1 of Government Decree no. 180/2024 (regarding nationals of the Philippines, the Republic of Indonesia, the Republic of Kazakhstan, Mongolia, the Socialist Republic of Vietnam, the Federative Republic of Brazil, Georgia, the Kyrgyz Republic, the Bolivarian Republic of Venezuela, and the Republic of Colombia) was in force only until the 31st of December 2024. The GD shall be applied only to the processing of ongoing applications if the respective procedural fee is paid by the 31st of December 2024, at the latest. Government Decree no. 450/2024 came into force on the 1st of January 2025 The list published by the Minister responsible for foreign policy of countries in a Communication included in the Official Bulletin, annexed to the Hungarian Gazette. From the 1st of January 2025 nationals of Georgia Armenia and The Republic of the Phillipines shall apply for a residence permit for the purpose of employment and a residence permit for guest workers . 3

Workrelatedpurposesof residence Enterprise or investment Employment with a higher education / university degree Guest self-employer Guest investor Hungarian Card EU Blue Card National Card Guest workers Seasonal employment Residence permit issued for the purpose of implementing an investment Residence permit for the purpose of employment Guest worker residence permit 4

Other purposes of residence Categories Studies Job-searching or enterpreneurship Training Trainees Official duty Working Holiday Visa (WHS) White Card Intra-corporate transfer Reserach Corporate Card Posting Medical treatment Volunteer activities National interest Family reunification Humanitarian grounds 5

Long term permits Categories Interim residence card National residence card EU residence card 6

Provisions Relating to the Issue and Renewal of the Single Permit The issue or renewal of a residence permit is carried out by way of the single application procedure also if the third-country national plans to enter into a contract for employment relationship and submits an application: a) for a residence permit for the purpose of seasonal employment; b) for a residence permit issued for the purpose of implementing an investment; c) for a residence permit for the purpose of employment; d) for a residence permit for the purpose of guest workers; e) for a residence permit for the purpose of National Card; f) for a residence permit for the purpose of Hungarian Card; g) for a residence permit for the purpose of Eu Blue Card; e) for a residence permit for the purpose of Intra-corporate transfer i) for a residence permit for the purpose of research, j) for a residence permit for the purpose of a short-term researcher mobility certificate , k) Corporate Card, and m) for a residence permit for the purpose of a national interest n) family reunification. 7

Unskilled workers 8

Residence permit issued for the purpose of seasonal employment A residence permit for the purpose of seasonal employment may be issued to third-country nationals whose purpose of residence is to perform seasonal work provided for in specific other legislation. Validity period: max 6 months (may be extended by not more than six months within a period of twelve months, that may be extended by not more than six months within a period of twelve months) Validity period: max 3 years (after it cannot be extended) The applicant shall supply a preliminary agreement on establishment of an employment relationship, a document on legal relationship of employment Family member: Cannot join to the applicant. The applicant cannot apply for a National residence card. Change of purpose: Not possible. 9

Residence permit issued for the purpose of investment A residence permit for employment for the purpose of investment may be granted to guest workers: whose purpose is to perform actual work for or under the direction of others, for remuneration, under contract for employment relationship in order to implement an investment, whose employer has concluded an agreement or contract with the minister responsible for foreign economic affairs acting on behalf of the Government, or has accepted the offer of support, in order to implement this investment, and whose employer has a prior approval for group employment defined by law (an official promise to employ a specified number of guest workers for a specified period of time in order to implement the investment) If the applicant is allowed to enter the territory of Hungary visa free due to their nationality, and they are not a holder of a residence permit, they shall submit an application within the territory of Hungary during their legal stay. The applicant shall supply: a preliminary agreement on establishment of an employment relationship, a document on legal relationship of employment. Further attachments required are: prior approval for group employment issued to the employer, certificate of the agreement or of the acceptance of the offer of support in order to implement the investment, issued by the minister responsible for foreign economic affairs. A specialist authority for labour force does not act in these cases! Validity period: max 3 years (cannot be extended) Extension of a residence permit is only possible until the realisation of the investment, but only for a period not exceeding 3 years from the date of first issuance of the permit. 10 Family member: Cannot join to the applicant. The applicant cannot apply for a National residence card. Change of purpose: Not possible.

Residence permit for the purpose of employment A residence permit for the purpose of employment may be issued to third-country nationals: a) whose purpose of residence is to perform actual work for or under the direction of others, for remuneration, under contract for employment relationship, b) whose employment is based on an existing employment relationship with an employer established in a third country, in order to fulfil an agreement concluded with a Hungarian employer (in this case the Hungarian employer is considered to be the employer) c) who are nationals of a third country as defined in the Government Decree no. 450/2024 and the list published by the Minister responsible for foreign policy of countries in a Communication. If the applicant is allowed to enter the territory of Hungary visa free due to their nationality, and they are not a holder of a residence permit, they may submit an application for the first time issuance of a residence permit for the purpose of employment within the territory of Hungary as well. The applicant shall supply: a preliminary agreement on establishment of an employment relationship, a document on legal relationship of employment the agreement concluded between the Hungarian employer and the employer established in the third country concerning the employment of the third-country national in Hungary. A specialist authority for labour force acts both in the case of issue and extension Validity period: 2 +1 year extension Family member: Cannot join to the applicant. The applicant cannot apply for a National residence card. Change of purpose: Not possible. New application due to change in employment conditions: The TCN must apply for an extension of a residence permit (only for the same purpose). 11

Guest workerresidencepermit A residence permit issued for the purpose of Guest workers may be issued to third-country nationals: a) whose purpose of residence is to perform actual work for or under the direction of others, for remuneration, under contract for employment relationship, including employment via temporary work agency, b) whose employer is registered as a preferential employer or a qualified temporary work agency (i.e. lender of labour force), c) who are nationals of a third country as defined in a Government Decree, and d) who undertake work under employment not precluded by the Communication by the minister responsible for employment policy. The applicant shall supply: a preliminary agreement on establishment of an employment relationship, a document on legal relationship of employment. Applications for the issuance of a residence permit for guest workers and for the extension of a residence permit for guest workers may also be lodged by an employer. A specialist authority for labour force acts only in the case of an extension Validity period: 2 +1 year extension Family member: Cannot join to the applicant. The applicant cannot apply for a National residence card. Change of purpose: Not possible. 12

Guest workers concerned with in absentia return orders TCNs holding 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 If employment is ceased within the validity of the residence permit: the residence permit turns invalid ipso iure on the 6th day after the employer reports the termination of employment Declaration of guest worker upon application to leave voluntarily within 8 days after the residence permit turns invalid - BASIS FOR IN ABSENTIA RETURN ORDER 13

Responsibilitiesof theemployerI. Extended application of Directive 2009/52/EC Check that the guest worker hold an eligible residence permit Keep a copy or record of the residence permit Notify the aliens policing authority on the start the termination the cancellation (not started as planned) of employment. 5 days deadline as a general rule! Sanction: 1 million HUF fine per capita! 14

Responsibilitiesof theemployerII. The employer shall take measures to ensure that the guest worker leaves after the termination of employment on the 6th day the latest With providing information With providing plane ticket if needed Sanction: 5 million HUF fine! Aim of increased responsibility of the employers and in absentia return order: Clear, but strict rules for employers and guest workers Achieve a more thorough selection of guest workers by employers Quick reaction on the side of the authorities Prevention of illegal secondary movements (Art. 3. SIS alerts) 15

Highly qualified work permits 16

Hungarian Card The Hungarian Card shall mean a residence permit entitling its highly qualified holder to reside and work in highly qualified employment in the territory of Hungary. A Hungarian Card may be granted to a third-country national a) whose purpose of residence is to perform actual work for or under the direction of others, for remuneration, under contract for employment relationship, b) who, as an owner or managing director of a company, association or other legal entity- established for gainful activities-, performs actual work in addition to the activities falling within the scope of this activity c) the Hungarian Card may also be issued to third-country nationals with higher professional qualifications who are employed in Hungary on the basis of an agreement concluded between an employer established in a third country and a domestic employer in order to fulfil an agreement. Even if the above requirements are fulfilled, third-country nationals may only be granted a Hungarian Card, if they: have a professional qualification specified in the Decree by the minister responsible for higher education, are a professionalsportsman/woman or a professional coach, are a performer, or work for a filmmaker or film production company registered by the competent authority for cinematography and by the Act on motion picture. The applicant shall supply: a preliminary agreement or a valid work contract established for an employment requiring higher professional qualification and a certificate of higher education or professional qualifications required for the job specified in the preliminary agreement or work contract (this is not required if you are applying as a professional sportsperson, professional coach, performer or film producer). Validity period: 3 years, and it may be extended for 3 years. Family member: Can join. 17 The applicant can apply for National residence card (after 3 years) Change of purpose: Possible.

EU Blue Card An EU Blue Card shall be granted to a third-country national: who intends to work in a position requiring a high level of professional qualification(s), and has professional qualification(s) in tertiary education required to perform his/her job, or relevant high level of professional experience of a specified period of time, or who is a holder of an EU Blue Card issued by a Member State of the European Union and has already legally resided in that Member State for at least 12 months or has resided 6 months in a second Member State. Validity period: 2 years, max 4 (it may be extended by up to 4 additional years) If the employment contract is for a period of less than two years, the EU Blue Card must be issued for a period exceeding three months of the duration of the employment contract. Family member: Can join. 18 National residence card: Can apply for it.

Residence permit of national interest 19

Residence permit of national interest The Minister in charge of Aliens Policing and Asylum may issue a residence permit of national interest. The Minister in charge of Aliens Policing and Asylum may take into account the economic, national political, scientific, cultural and sport interests of Hungary in its procedure for issuing a residence permit of national interest. The applicant shall supply a declaration in which the third country national proves the interests of Hungary in terms of economic, national policy, scientific, cultural and sports considerations and documents evidencing the declaration (a recommendation from the Minister in charge) The issue of a residence permit may be carried out by way of the single application procedure if the third-country national plans to enter into a contract for employment relationship and submits an application (In these cases the applicant shall supply the prior agreement concluded with a view to entering into a contract for employment relationship, or a document verifying the employment relationship.) The application may be submitted to the National Directorate after electronic registration on the electronic platform for the initiation of aliens policing cases, the Enter Hungary online system (www.enterhungary.gov.hu). The decision about the applications will be made by the Minister of Interior with the involvement of the specialized authority specified in the Government decree. Validity period: 3 years (it may be extended by up to 3 additional years) Family member: Can join. 20 National residence card: Can apply for it.

Other purposes 21

Residence Permit for the Purpose of Studies and training Studies Training A residence permit for the purpose of studies may be issued to a third-country national, who establishes or has established a relationship with institution registered in the public education information system as operating a school system, or full-time studies at a state-recognised higher education institution or at a foreign education institution authorised to operate in Hungary, or wishes to reside in Hungary to participate in a preparatory course organised by the higher education institution. A residence permit for the purpose of training may be granted to a third-country national participating in a scholarship- based training Hungary provided Government or the Ministry. learning education a public who is full-time course by in the higher 22

Permanent residency 23

Long term residency According to the previous Act. According to this Act. Interim Residence Card National Residence Card EU Residence Card Immigration permit Permanent residence permit Interim permanent residence permit National permanent residence permit EC permanent residence permit 24

Long term residency Fundamental changes Who is not entitled to a National Residence Card National Residence Card of national interest Compliance to social coexistence conditions Validity period: from 5 years to 10 years 25

National residencecard New conditions Only a specific residence permit entitles you to apply for a national residence card In addition to Hungary's interest, the compliance to social coexistence conditions must be met 26

Guest self-employer Seasonal employment An applicantwhose residence permit has been issued for the following purposes is not entitled to a national residence card: Residence permit issued for the purpose of implementing an investment Residence permit for the purpose of employment Guest worker residence permit Studies Job-searching or enterpreneurship 27

Training Working Holiday Visa (WHS) An applicantwhose residence permit has been issued for the following purposes is not entitled to a national residence card: Medical treatments White Card Posting Trainees Volunteer activities 28

Statistical data on Thai citizens k relmek sz ma / number of applications enged lyezett k relmek sz ma / number of granted applications Enged lystatisztika / Applications Ideiglenes tart zkod si k rtya / Applications for interim residence card EU tart zkod si k rtya / Applications for EU residence card Nemzeti tart zkod si k rtya / Applications for national residence card Tart zkod si enged ly (kiad s+hosszabb t s) / Applications for residence permit (issuances + renewals) 0 0 2 34 34 12 2 246 1891 83 0 1 585 1 304 74 0 ebb lmunkav llal ra jogos t tart zkod si enged ly / of which residence permit for the purpose of employment ebb ltanulm nyi c l tart zkod si enged ly / of which residence permit for the purpose of study lland tart zkod si k rtya / Applications for permanent residence card Tart zkod si k rtya EGT llampolg r harmadik orsz gbeli csal dtagja r sz re / Applications for residence card as third-country national family member of an EEA citizen 5 2 Tart zkod si k rtya magyar llampolg r harmadik orsz gbeli csal dtagja r sz re / Applications for residence card as third-country national family member of Hungarian citizen 0 0 sszesen: 2 319 1 601 K nyszerint zked si statisztika f 0 Kijel lt helyen val tart zkod s elrendel se / Ordering a stay at a designated location 36 Kiutas t s elrendel se (idegenrend szeti kiutas t s+menek lt gyi kiutas t s+b r s g ltal elrendelt kiutas t s v grehajt sa) / Expulsion (ordered by the alien policing and refugee authorities and judical decisions) 1 Idegenrend szeti rizet elrendel se / Ordering of aliens policing detention 0 Kiutas t st el k sz t rizet elrendel se / Ordering of detention prior to expulsion 29 0 Menek lt gyi rizet elrendel se / Refugee detention 0 Kitoloncol s / Forced removal sszesen: 37

Data & statistics Menek ltk nt, oltalmazottk nti elismer sre ir nyul elj r sok f 0 Menek ltk nt, oltalmazottk nti elismer sre ir nyul k relmek / Asylum applications 0 Menek ltk nt elismert/ Recognised as refugee 0 Oltalmazottk nt elismert / Recognised as subsidiary protected person rv nyes enged lyek sz ma / number of valid permits llapotstatisztika / Stock data 2024. december 31-i llapot / as of 31st December 2024 Bev ndorl si enged ly / Immigration permit Leteleped si enged ly / Permanent residence permit Ideiglenes leteleped si enged ly / Interim permanent residence permit EK leteleped si enged ly / EC permanent residence permit Nemzeti leteleped si enged ly / National permanent residence permit Nemzeti tart zkod si k rtya / National residence card Ideiglenes tart zkod si k rtya / Interim residence card EU tart zkod si k rtya / EU residence card Tart zkod si enged ly / Residence permit 0 0 0 13 147 13 0 2 2984 2482 114 56 5 ebb l munkav llal ra jogos t tart zkod si enged ly / of which residence permit for the purpose of employment ebb l tanulm nyi c l tart zkod si enged ly / of which residence permit for the purpose of study lland tart zkod si k rtya / Permanent residence card Huzamos tart zkod si k rtya / Long-term residence card Tart zkod si k rtya EGT llampolg r harmadik orsz gbeli csal dtagja r sz re / Residence card for third-country national family member of EEA citizen 30 27 Tart zkod si k rtya magyar llampolg r harmadik orsz gbeli csal dtagja r sz re / Residence card for third-country national family member of Hungarian citizen 1 sszesen: 3 248

Thank you for your attention! 31