Steps to get a residence card in Hungary

Below we will try to provide guidance and help in a few sentences as to which are the most important steps that characterize both the temporary- and permanent residence permit application procedures in Hungary.

Preparation

This is the very first but also the most important step. If someone wants to apply for a temporary or permanent residency card in Hungary, an official application must submitted at the Hungarian immigration authorities. The type of the application form depends on the type of permit the applicant wishes to obtain. The application itself is essentially a long form, to which many additional documents must be attached. Our Budapest-based immigration law fim can provide important and valuable advices regarding the selection and filling of the necessary forms and the compilation of attachments. It should be once again emphasized and underlined that the preparation of the application „package” is indeed the most important part of the entire procedure. A well-structured application with properly collected attachments can be half a success and also it makes the work of the immigration police easier. In addition, if the documents are well compiled, well organized, there is a greater chance that the immigration authorities will not issue a so-called order for sending supplementing documents (hiánypótlás), the duration of which is not included in the administrative deadline of the procedure. With our immigration law firm, this preparation-phase means thoughtful, thorough legal work, weeks of consultations, and numerous client-lawyer meetings.

Submission of the application

The completed application “package” can be submitted in person and in some cases electronically through the so called EnterHungary system. Our immigration law firm is basically in favor of personal submission of the application at one of the offices of the Hungarian immigration police, even if in this case one often has to wait weeks for an appointment, and even if one often has to wait hours at the OIF’s regional office despite having an appointment booked weeks earlier. The reason for why we prefer the in-person submission of the application against the EnterHungary E-submission are the followings: If a foreigner submits his/her application in person, she/he will receive an initial written confirmation to whether something is missing from the documentation of the application. Also the so-called obligatory biometric data recording (that is, recording of face and fingerprints) can be done together, simultaneously, with the submission of the application „package”. Further advantage of personal submission of the application is that in this case the client can receive the so-called „certificate of temporary residence” (ideiglenes tartózkodásra jogosító igazolás) which enables him/her to stay legally in Hungary during the first- and second instance procedures, even if his/her stay in Hungary extends beyond 90 days within 180 days or his/her residence permit expires during the procedure of the immigration police.

Our law firm also prepares you for what to say and what not to say if the immigration police have any questions for you. Many times, a single wrong answer can ruin the whole case.

The first instance procedure

Basically, if the application form and its attachments are well prepared, well organized, there is a good chance that we will only hear from the immigration authority again at the end of the procedure, when the OIF will announce what decision it has reached. Another advantage of having our law firm representing a client is that after submitting the application, the immigration authority is obliged to keep contact with us, as with the lawyer of the foreigner client. If there are any discrepancies in the application (e.g. some documents are missing or are not satisfactory / convincing), then they contact us as a legal representative and we know what needs to be done. In addition, sometimes the immigration authority conducts a so-called on-site inspection, whereas the applicant’s Hungarian place of residence and living circumstances are checked. Our immigration law office tries to be there with the client whilst this on-site inspection. Also if the immigration authority considers an interview necessary with the client or with a relative of the client, we are going to be there too to help and protect the interests of our client.

Decision and legal remedies

In the daily practice of our law firm, if the immigration authority makes a positive, approval decision, it only briefly informs our immigration law firm in two lines. In such cases, however, this short information letter about the approval of the application and the mailing of the specific plastic residence permit to the foreigner client do not always coincide. It sometimes happens that even weeks pass from the notification of of our law firm about the approval till the actual plastic residence card is produced and mailed to our client. As a general rule, the immigration authority mails the plastic card to the client’s Hungarian address, and it can only be picked up at the OIF’s regional office in exceptionally justified cases.

If the OIF rejects the application for residency, it will notify our law firm in a detailed decision. In such cases, we, as the immigration law firm representing the foreigner applicant, have in most cases 8 days (in some cases 15 days) to submit an appeal, counting from the day of reception of the rejective decision. If we file an appeal, the deadline for considering our appeal against the first-instance decision (határozat) is 21 days, and the deadline for considering our appeal against an order (végzés) is 8 days. Another legal remedy may be a lawsuit for judicial review at an administrative tribunal filed against the final and enforcable decision of the immigration police.