The European Union (EU) has established a visa waiver program and specific rules regarding the duration of stay for non-European Economic Area (EEA) nationals. This guide details the visa waiver program, the 90/180-day rule, and special considerations for specific territories.

Countries Covered by the Visa Waiver

The visa waiver applies to the territories of the EU Member States, excluding the United Kingdom and Ireland. It is important to distinguish between countries fully applying the Schengen Agreement and those that are not yet fully integrated.

1. EU Member States within the Schengen Area: These countries have eliminated internal borders, allowing for passport-free travel:

• Austria
• Belgium
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Italy
• Latvia
• Lithuania
• Luxembourg
• Malta
• Netherlands
• Poland
• Portugal
• Slovakia
• Slovenia
• Spain
• Sweden

2. EU Member States not yet fully applying the Schengen acquis: These countries maintain some internal borders and have not fully adopted Schengen rules:

• Bulgaria
• Croatia
• Cyprus
• Romania

3. Associated Schengen States: Non-EU countries participating in the Schengen Area through agreements:

• Iceland
• Liechtenstein
• Norway
• Switzerland

Special Considerations for French and Dutch Overseas Territories

The visa waiver does not extend to the overseas territories of France and the Netherlands. Travel to these regions is subject to bilateral agreements or national legislation.

Duration of Stay Without a Visa: Understanding the 90/180-Day Rule

Non-EEA nationals can stay in the Schengen Area, including Hungary, for up to 90 days within any 180-day period without a visa. This rule is flexible, allowing multiple entries and exits, but careful calculation is necessary to avoid overstaying.

Key Points:

• Entry Date: The first day of stay in the Schengen territory.
• Exit Date: The last day of stay in the Schengen territory.
• 180-Day Period: A moving window, checking each day of stay against the previous 180 days.

Examples:

1. Continuous Stay: Arriving in Hungary on January 1st and staying for 90 days until March 31st uses up the 90-day quota. Re-entry is possible after 90 more days, starting July 1st.
2. Multiple Entries: Suppose you stayed in Hungary for ten days between January 1 and January 10, 2021, and then left the Schengen area for five days. You then re-entered Hungary on January 15th and stayed for another ten days, bringing your total stay for the 180-day period to 20 days. If you wish to return to Hungary after this second trip, you can stay for up to 70 days to comply with the maximum duration of stay allowed under the EU visa waiver program. Entering and leaving the Schengen Area multiple times is allowed, but the total stay cannot exceed 90 days in any 180-day period. For instance, after spending 90 days in Hungary and leaving on June 29th, you cannot return until September 28th without a visa.

Absence and Reset: An uninterrupted absence of 90 days resets the 90-day limit, allowing for a new stay.

Exemptions: Periods authorized under a residence permit or a long-stay visa are not counted towards the 90-day visa-free stay.

To assist with calculating remaining days of stay, use the online calculator: Visa Calculator.

List of Countries Exempted from Visa Requirements according to Hungarian immigration office

Citizens from these countries can enter the Schengen Area without a visa for short stays:

• Macedonia (the Former Yugoslav Republic)
• Andorra
• United Arab Emirates
• Antigua and Barbuda
• Albania
• Argentina
• Australia
• Bosnia and Herzegovina
• Barbados
• Brunei
• Brazil
• The Bahamas
• Canada
• Chile
• Colombia
• Costa Rica
• Dominica
• Micronesia
• Grenada
• Georgia
• Guatemala
• Honduras
• Israel
• Japan
• Kiribati
• Saint Kitts and Nevis
• South Korea
• Saint Lucia
• Monaco
• Moldova
• Montenegro
• Marshall Islands
• Mauritius
• Mexico
• Malaysia
• Nicaragua
• Nauru
• New Zealand
• Panama
• Peru
• Palau
• Paraguay
• Serbia
• Solomon Islands
• Seychelles
• Singapore
• San Marino
• El Salvador
• East Timor
• Tonga
• Trinidad and Tobago
• Tuvalu
• Ukraine
• United Kingdom (for specific British nationals)
• United States
• Uruguay
• Apostolic Holy See
• Saint Vincent and the Grenadines
• Venezuela
• Vanuatu
• Samoa

Special Administrative Regions

• Hong Kong - Special Administrative Region
• Macao - Special Administrative Region

British Citizens Not Nationals of the UK

• British Nationals (Overseas)
• British Overseas Territories Citizens
• British Overseas Citizens
• British Protected Persons
• Members of the British Commonwealth (British Subjects)

Entities and Territorial Authorities Not Recognized as States by at Least One Member State

• Taiwan
• Kosovo

Hungary-Specific Information

For non-EEA nationals traveling to Hungary:

• If you require a visa, your embassy will process your residence permit alongside your visa application.
• If you do not require a visa, apply for a residence permit online within 90 days of arrival and visit the Immigration Office within 15 days of submitting your documents.

By understanding these regulations and carefully planning your travel, you can enjoy visa-free visits to the Schengen Area and make the most of your trips to Europe.

Understanding the permissible duration of stay outside of Hungary is crucial for individuals holding temporary residence permits or permanent residence permits. Both categories entail specific regulations concerning absences from the country.

Temporary Residence Permit Holders

For individuals holding temporary residence permits in Hungary, there is a newly introduced requirement regarding the duration of stay outside the country. To comply with this requirement, individuals must ensure they do not exceed 90 days outside of Hungary within any given 180-day period.

It's imperative for temporary residence permit holders to be mindful of this stipulation, as failure to adhere to it could lead to complications during the renewal process. If you anticipate being absent from Hungary for an extended period, exceeding the prescribed limit, it's essential to take proactive steps to notify the Immigration Office of your intentions.

Permanent Residence Permit Holders

In contrast, holders of permanent residence permits enjoy more flexibility regarding their time spent outside Hungary. Once a permanent residence permit is obtained, it remains valid even if the holder leaves Hungary for a few months. This signifies a distinct advantage for individuals seeking long-term stability in Hungary.

However, it's essential to note that if a permanent residence permit holder plans to leave Hungary for more than six months, they are obligated to inform the Immigration Office of their intended absence. This notification requirement ensures transparency and compliance with immigration regulations.

Furthermore, individuals holding permanent residence permits have additional privileges in terms of extended absences from Hungary. If a holder intends to stay outside the country for up to two years, they must provide notification to the Immigration Office. Crucially, this notification is contingent upon the individual having spent at least 180 days in Hungary during the 365 days preceding their departure.

This provision offers permanent residence permit holders a degree of flexibility while ensuring that their residency status remains intact. By meeting the conditions outlined by the Immigration Office, individuals can maintain their permanent residency in Hungary, even during extended periods spent abroad.

In summary, understanding the duration of stay requirements for residence permit holders in Hungary is essential for compliance and maintaining legal residency status. Whether holding a temporary or permanent residence permit, individuals must adhere to the prescribed regulations to avoid jeopardizing their residency rights in Hungary.

Are you a retiree or a wealthy investor seeking the prospect of investing in European residency? The 2024 Hungary Golden Visa Program is an attractive investment residency program suitable for individuals seeking European roots. It is the latest and most enticing initiative in the European Union, offering significant benefits to investors.

Investment Options

The Hungary Golden Visa Program provides investors with three enticing investment options:

• Bonds Investment: Invest EUR 250,000 in bonds issued by a real estate trust registered by the Hungarian National Bank (MNB).
• Real Estate Purchase: Purchase residential real estate in Hungary valued at EUR 500,000.
• Charitable Donation: Make a donation of EUR 1 million to a recognized cultural or educational organization.

Benefits of the Program

The Hungary Golden Visa Program stands out among other residency permits due to the extended validity of up to 10 years. A stable residency is an advantage, especially for those seeking long-term security and stability. The program offers flexibility and unity for the entire family.

Investors are also exempted from the obligation of spending a significant portion of their time in the host country, providing them with sufficient freedom to manage their time and travel as they please, as long as the investment is maintained.

Navigating the Program

JCE Consultancy, in partnership with Selling Budapest, offers tailored assistance that meets the unique needs of investors seeking to explore Hungary's Golden Visa Program. The team provides expert guidance on investment options, grants access to prime residential and commercial properties, and offers full support throughout the application process.

Seize the Opportunity

With a promising prospect of Hungary becoming an even more attractive destination for investors seeking EU residency and visa-free travel to Schengen nations, now is the time to capitalize on the 2024 Hungary Golden Visa Program. Don't miss out on this remarkable opportunity. Schedule a free thirty-minute consultation call with us today and start your journey towards European residency through strategic investment.

Conclusion

The 2024 Hungary Golden Visa Program offers long-term stability, flexibility, and an opportunity to seek European roots. With a range of sound investment options, extended residency, a flexible environment, and our tailored assistance, investors can turn their dreams into reality and embark on a journey of exploring Hungary's Golden Visa Program.

Eligibility Criteria:

• Qualifications in IT, technical (engineering), or natural sciences.
• Vocal music teacher or folk music and folk culture teacher.
• Professional qualification obtained in the professional teaching program of the music field.

Key Features:

• Targeted towards individuals with specialized qualifications in specific fields.
• Provides an opportunity to work and reside in Hungary.
• Offers access to Hungary's vibrant job market and diverse professional opportunities.
• Requires applicants to meet stringent qualification criteria outlined by the Ministry for Culture and Innovation.

Important Links:

• List of Professions Eligible for the Hungarian Card Permit

Guest Worker Permit

Eligibility Criteria:

• Purpose of residence is to perform work under an employment contract.
• Employer must be a preferential employer or qualified temporary work agency.
• Third-country national not covered under EU free movement regulations.

Key Features:

• Designed for individuals seeking employment opportunities in Hungary.
• Allows third-country nationals to work for preferential employers or qualified temporary work agencies.
• Permits a stay of up to 2 years, with a possible extension for an additional year.
• Maximum issuance limit of 65,000 permits per year.
• Restricted to nationals from 15 specified countries: Belarus, Colombia, Philippines, Mongolia, Kazakhstan, Mongolia, Montenegro, Vietnam, Russia, Brazil, Venezuela, republic of Kyrgyzstan, North Macedonia, Indonesia and Georgia.

Important Links:

• List of Banned Professions for Guest Worker Permits

Employment Purpose Permit

Eligibility Criteria:

• Intended for individuals not covered by the Guest Worker permit.
• Available to individuals seeking employment outside the banned professions list.

Key Features:

• Offers flexibility for third-country nationals with diverse employment needs.
• Suitable for those not eligible for the Guest Worker permit.
• Does not impose restrictions based on specific professions or qualifications.
• Provides an avenue for employment in various sectors and industries.
• Ideal for individuals seeking temporary or long-term employment opportunities in Hungary.

EU Blue Card

Eligibility Criteria:

• Highly qualified third-country nationals seeking employment in highly qualified positions.
• Possession of higher professional qualifications or relevant professional experience.
• have a valid work contract or binding job offer for highly qualified employment with a duration of at least 1 year;
• The gross annual salary resulting from the monthly or annual salary specified in the work contract or binding job offer must be equal to or higher than the relevant salary threshold defined by the Member State (at least 1.5 times the average gross annual salary in the Member State concerned).
• For 2023, Hungary set the minimum salary threshold at: 7 264 800 HUF (or 605 320 HUF per month).

Key Features:

• Grants residence and work rights to highly qualified professionals.
• Valid for up to 4 years, with the possibility of renewal.
• Allows holders to reside and work in any EU member state.
• Does not require sponsorship from an employer.
• Restrictions apply to individuals seeking refugee status or temporary protection.

Comparative Table: Work Permit Types in Hungary

In conclusion, navigating the work permit system in Hungary calls for careful consideration of various factors, such as your personal qualifications, employment objectives and meeting the eligibility criteria. Whether you're a job-seeking professional, entrepreneur, or specialized professional, Hungary has a range of work permit options tailored to meet your specific needs. It is necessary to understand the criteria and requirements for each permit as they vary. By understanding the features and eligibility requirements for each permit type, you can be well-informed in making decisions to help you achieve your career goals in Hungary.

Seek Assistance from JCE Consultancy

Seek Assistance from JCE Consultancy Navigating the complexities of visa applications can be challenging. If you require guidance through the application process, contact JCE Consultancy. Our team can help you understand the immigration procedures and ensure a smooth transition in Hungary.

Disclaimer The information provided in this article is general information and should not be construed as legal advice. For personalized guidance tailored to your specific circumstances, consult with our immigration experts or legal professionals.

Hungary, with its vibrant economy and strategic location in Central Europe, has become an attractive destination for entrepreneurs looking to establish their businesses in the European Union. With its streamlined processes and supportive business environment, starting a Limited Liability Company (LLC) in Hungary can be a straightforward process. Additionally, for non-EU citizens looking to engage in self-employment activities, Hungary offers a guest self-employment permit, providing an avenue to legally conduct business within its borders. Let's explore the steps involved in registering an LLC and obtaining a guest self-employed permit in Hungary.

Registering a New Company in Hungary

1. Choose your legal entity: Determine the legal structure that best suits your business needs. In Hungary, forming an LLC is a popular choice due to its flexibility and limited liability protection.
2. Prepare corporate documents: Draft the necessary corporate documents, including the memorandum of association and articles of incorporation.
3. Registered office address: You'll need to provide a registered office address for the seat registry of your company.
4. Constitutive documents signing: Sign the constitutive documents either in the presence of a local Hungarian lawyer or via Skype, ensuring compliance with legal requirements.
5. Client Gate and Company Portal registration: Register your company on the Client Gate and Company Portal for administrative purposes.
6. Obtain Hungarian Personal Tax Number: If required, obtain a Hungarian Personal Tax Number for your business.
7. Register the company: File for company registration at the Court of Registration of Hungary and obtain a European Union tax ID.
8. Open a business bank account: Founders can open a business bank account and deposit the authorized capital into it.
9. Engage an accountant: Sign an agreement with a qualified local accountant to provide accounting support for your business.
10. Registry of Chamber of Commerce and Government Municipality: Complete the registry with the Chamber of Commerce and the Government Municipality to finalize your company setup.

Organizational Structure of a Limited-Liability Company

• Members' Meeting: The supreme body of an LLC in Hungary is the members' meeting, which convenes at least once a year to make fundamental decisions.
• Managing Director(s): One or more managing directors are elected to administer the company's affairs and represent it. They can be elected from among the members or third persons.
• Owners and Directors: LLC owners, known as members, can be of any nationality. The company's structure allows for flexibility in profit-sharing and management responsibilities.
• The Auditor: While not obligatory, an auditor may be appointed by the supreme body of the LLC to carry out audits of accounting documents.
• Confidentiality: Certain details, including managing directors and bank accounts, are publicly accessible, while the shareholders' details may not be disclosed.

Starting the Incorporation Procedure

• Document Requirements: Depending on whether the shareholder is a natural person or a legal entity, specific documents such as passport copies or company register extracts are necessary.
• Naming Your Company: Choose a company name that adheres to Hungarian naming regulations, ensuring it is recognizable as a business name.
• Choosing Your Registered Office: Select a registered office where official documents will be kept.
• Completing Registration Forms: Fill out the necessary forms, including Articles of Incorporation, to register your company.
• Get your Client Gate and TAX Number: Obtain your Client Gate and TAX number before opening a business bank account.
• Open Business Bank Account: Once registration is complete, open a business bank account using your Client Gate and TAX number.

How Long Does it Take to Register a Company in Hungary?

The registration process typically takes 4-5 days, depending on the entity type and administrative workload.

Residence Permit for Guest Self-Employment

For non-EU citizens seeking to engage in self-employment activities in Hungary, a residence permit for guest self-employment is available.

Eligibility Criteria:

• Third-country nationals intending to perform independent gainful activities or act as chief executives of businesses are eligible.

Application Process:

• Applications can be submitted outside or within Hungary, depending on the individual's circumstances.
• Applications must include necessary documents proving the purpose of residence, means of subsistence, accommodation, and health insurance.
• The procedural administration period is typically 21 days, during which additional documents may be requested.
• Upon approval, residence permits are issued for up to one year, extendable for a maximum of three years.

Expanding on the guest self-employed visa, here are additional prerequisites and considerations:

• Minimum Hiring Requirement: To demonstrate commitment to local employment and economic contribution, your business organization must legally employ at least five Hungarian nationals or individuals with the right of free movement and residence on a full-time basis for a continuous period of six months. Alternatively, if your business operation doesn't require extensive staffing, you can justify your residence in Hungary by proving that it is essential for the operation of the business. This can be supported by a detailed declaration of business activity outlining your plans to generate sufficient income to sustain the business.
• Document Submission: Alongside standard application documents, provide evidence of compliance with hiring regulations and commitments to local employment.
• Detailed Business Plan: Present a comprehensive business plan outlining your proposed activities, projected revenues, and the impact on the local economy. This plan should clearly articulate how your business will fulfill the minimum hiring requirement or justify your residence based on business necessity and income generation potential.
• Proof of Financial Stability: Demonstrate financial stability through bank statements, income projections, or investment plans to support your self-employment endeavor.
• Health Insurance Coverage: Ensure comprehensive health insurance coverage for yourself and any dependents, either through social security, international agreements, or private arrangements.
• Legal Compliance Assurance: Commit to adhering to Hungarian laws and regulations governing self-employment, taxation, and labor practices.

By fulfilling these additional requirements, you not only enhance your chances of obtaining a guest self-employed visa but also contribute positively to the local economy and community in Hungary.

Seek Assistance from JCE Consultancy

Seek Assistance from JCE Consultancy Navigating the complexities of visa applications can be challenging. If you require guidance through the application process, contact JCE Consultancy. Our team can help you understand the immigration procedures and ensure a smooth transition in Hungary.

Disclaimer: The information provided in this article is general information and should not be construed as legal advice. For personalized guidance tailored to your specific circumstances, consult with our immigration experts or legal professionals.