• Understanding Residence Permits for Voluntary Activities in Hungary: Validity, Extension, and Procedures

    Hungary offers residence permits for third-country nationals engaged in public interest volunteer work within the country. These permits provide a pathway for individuals who prioritize contributing to societal welfare through various voluntary engagements in Hungary. It's crucial to understand the permits' validity period fully, the conditions guiding their extension, and the procedural guidelines enforced by Hungarian authorities.

    Validity Period: The validity period of residence permits for voluntary activities depends on the voluntary engagement's nature and the contractual agreement between the individual and the host organization. Hungarian authorities cap the maximum validity of these permits at two years to ensure a reasonable timeframe for a volunteer's stay while maintaining regulatory oversight. Simultaneously, every permit issued under this regulation must be valid for at least six months or, where appropriate, maximally one year.

    As with other residence permits, authorities consider the validity of the volunteer's travel document, which must remain valid for at least three months beyond the permit's expiry date. This precautionary measure aims to avoid any complications or disruptions arising due to expired travel documents during a volunteer's stay in Hungary.

    Extension Procedures: Extension of a residence permit for voluntary activities requires compliance with specific criteria and procedural guidelines outlined by the National Directorate-General for Aliens Policing (NDGAP). The extension process is applicable solely within the territory of Hungary, underscoring the importance of compliance and continuity in a volunteer's engagement.

    To be eligible for an extension, the volunteer must fulfill the following conditions:

    1. Valid residence permit: The applicant must possess a valid residence permit at the time of submitting their extension application.
    2. Residence history: The volunteer should have resided in Hungary for at least 90 days within any 180-day period, demonstrating a commitment to their voluntary activities and integration into Hungarian society.

    The extension application must be submitted at least 30 days before the existing residence permit expires, allowing ample time for administrative processing and review by the authorities.

    In terms of documentation, the applicant must ensure the accuracy and completeness of all required attachments, including proof of continued engagement with the host organization, financial stability, health insurance coverage, and means of subsistence. Any deficiencies or additional documentation requested by the NDGAP must be promptly addressed to facilitate a smooth extension process.

    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.


  • Third-country National Family Members of EEA Nationals in Hungary

    In the intricate web of immigration laws and regulations, understanding the nuances of family reunification is paramount for those seeking to reside in Hungary as third-country national family members of EEA nationals. Let's delve deeper into the eligibility criteria and definitions surrounding family life in the context of Hungarian immigration.

    Defining Family Life

    Family life, a cornerstone of immigration policy, is considered to exist when the third-country national applicant lives in the same household as a third-country national who has been granted immigrant, permanent resident, or refugee status. This definition underscores the importance of maintaining familial bonds and ensuring the unity of families, even in the realm of immigration.

    Expanded Definition of Family Members

    To provide clarity and inclusivity, the definition of family members extends beyond traditional notions. In addition to spouses of EEA nationals and Hungarian citizens, it encompasses:

    • Direct descendants of EEA nationals and Hungarian citizens under the age of 21 years or dependents.
    • Dependent direct relatives in the ascending line of EEA nationals and Hungarian citizens.
    • Persons who have parental custody of a minor child who is a Hungarian citizen.
    • Any person authorized by the competent immigration authority on grounds of family reunification.
    • Partners with whom EEA nationals or Hungarian citizens have entered into registered partnerships before relevant Hungarian or EU authorities.

    This expansive definition recognizes the diverse familial structures and relationships that exist in modern society, ensuring that no eligible family member is left behind.

    Understanding EEA Nationals

    The term "EEA national" encompasses citizens of Member States of the European Union, excluding Hungarian citizens, as well as citizens of any State that is a party to the Agreement on the European Economic Area. This includes citizens of the European Union, Switzerland, Norway, Iceland, and Liechtenstein, highlighting the interconnectedness of European nations and the shared principles of free movement and residency.

    Additional Information

    Third-country family members of EEA nationals have the right to work and be self-employed in Hungary without having to re-apply for a new residence permit. Additionally, Hungarian authorities consider family life to be in existence when a third-country national applicant lives in the same household as a third-country national who has been granted immigrant, permanent resident, or refugee status.

    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.


  • How to become self-employed with other purpose permit?

    Update: Other type of residence permit doesn't exist anymore after the law modification on March 1st of 2024

    Embarking on a self-employed journey in a new country can be both exciting and daunting. If you're considering becoming self-employed in Hungary with an other purpose permit, this guide will walk you through the essential steps and requirements. From obtaining the necessary permits to setting up your taxation, invoicing, and more, we've got you covered.

     

    1.Preparation is Key: Letters of Intent or Contracts

    Before transitioning from a gainful activity permit to an other purpose permit, it's crucial to secure your first clients. Having 1-2 letters of intent or contracts with Hungarian companies or individuals will demonstrate your commitment to starting your self-employed venture.

     

    2. Getting Your TAX ID

    Your journey begins with obtaining a Tax ID (TAX ID) from the National Tax and Customs Administration of Hungary (NAV). To acquire your TAX ID, visit your nearest NAV office with the following documents: your Passport, Residence Permit, and Address Form. This ID is essential for your tax-related obligations.

     

    3.Creating an Ügyfélkapu Account

    An Ügyfélkapu account (Client Gate) is essential for digital communication with Hungarian authorities. To get one, visit a Kormányablak building with your Passport, Residence Permit, and Address Form. This account will be integral for various administrative processes.

     

    4.Understanding the Hungarian Standard Classification of Occupations Codes

    Make sure to align your activities with the Hungarian Standard Classification of Occupations Codes. This is especially important if your work requires any special certification. You can find the complete list of activities and codes on the official Hungarian Central Statistical Office website: https://www.ksh.hu/docs/szolgaltatasok/eng/feor08/efeor08.pdf

     

    5.Consider Your Taxation Type: TAJ Card

    Depending on your chosen taxation type, you may need to consider obtaining a TAJ card, which is required for health insurance purposes. For instance, if you opt for KATA taxation (invoicing to individuals), you'll need the TAJ card before registering as self-employed. However, with GTR taxation (invoicing to companies), you can register first and acquire the TAJ card afterward.

     

    6.Registering as Self-Employed and Selecting a Tax Type

    With the guidance of an accountant, register as a self-employed individual and choose the appropriate tax type for your business. You can select either the KATA tax (for invoicing to individuals) or the GTR flat tax rate (for invoicing to companies). Your accountant will ensure you comply with all legal requirements.

     

    7.Setting Up an Approved Invoicing System

    Choose an invoicing system approved by NAV, such as Billingo, Billzone.eu, or Szamlazz. Connecting your account to the NAV system will streamline your invoicing and taxation processes.

     

    8.Gathering Additional Documents to apply to gainful activity permit.

    Depending on your situation, you may need additional documents for your application. These could include a business plan, a rental contract with the option to renew, a letter from your landlord granting permission for business activities at your premises, translated diplomas, six months of bank statements, a cover letter explaining your choice of Hungary for your business, and a recent passport-sized photo.

     

    9.Navigating the Application Process

    Complete the original and online forms on the EnterHungary website (https://enterhungary.gov.hu). Be sure to print out the payment receipt and appointment confirmation. Keep in mind that you must bring the originals of your documents to your appointment.

     

    10.Seek Assistance When Needed

    If the application process seems overwhelming, consider seeking assistance. Professionals can help you with tasks like preparing your business plan or guiding you through the application process, ensuring a smoother transition to self-employment. We can support you to go through this process!

     

    Conclusion

    Becoming self-employed in Hungary with an other purpose permit requires careful planning, adherence to legal requirements, and a clear understanding of the steps involved. By securing contracts, obtaining the necessary permits, selecting a taxation type, and complying with invoicing and documentation procedures, you can navigate this exciting endeavor successfully. Remember, seeking professional assistance when needed can alleviate challenges and help you realize your self-employed dreams in Hungary.

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  • Residence permit through real estate investment in Hungary

    Investing in property can be a great way to earn a steady income and possibly even gain residency in Hungary. However, it's important to note that owning property alone does not qualify for residency. You will need to show some regular activity in Hungary, such as employment or business ownership.

    If you're looking to invest in property and gain residency, setting up a company for property management and buying property through the company may be your best option. This requires creating a Limited Liability Company (KFT) in Hungary. Here's what you'll need to know to get started:

    The first step in creating an LLC in Hungary is to select a unique name for your company. The name should not be the same or too similar to any other company's name. You will also need to provide a Hungarian address for the company and have the approval of the owner of the place.

    You will need to select the owner or owners of the company. There is no limitation on who can be an owner, but they cannot sign on behalf of the company or apply for a residence permit. They must also have a Hungarian address.

    You will need to specify the main activity of your company, as well as any side activities.

    The starting capital for an LLC in Hungary is 3 million HUF (Hungarian Forint), but you do not need to have this amount upfront. You can put down a certain amount at the beginning and then have two years to have the rest. However, you will not receive dividends if you don't have the minimum capital. You can report the 3 million HUF through a bank certificate/statement or cash payment. Only the managing director needs to give a declaration to a lawyer that it has been paid.

    You will need to select a managing director or directors for your company. They will represent the company, sign on behalf of the company, and can apply for a residence permit. They must also have a Hungarian address.

    Once you have completed the necessary steps to create your LLC in Hungary, there are a few mandatory steps you'll need to take. You'll need to have a name table on the letterbox at the seat of the company in Hungary, open a company bank account (which the managing director can only do in person), and have a Hungarian accountant immediately after the establishment.

    With your company successfully established, you are now ready to proceed with the application for your permit!

    Documents required for gainful activity permit application base on the rentals of your real estate.

    When applying for residency in Hungary, you will need to provide specific documents as proof of means of subsistence, accommodation, comprehensive health insurance, and means of exit. These documents are essential for the application process and to demonstrate your eligibility.

    Proof of means of subsistence in Hungary can be established through various documents, including:

    -A statement from a Hungarian or foreign financial institution regarding your bank account.

    -An income certificate issued by the tax authority for the previous year.

    -An income certificate issued by your employer.

    -A certificate issued by the employer and/or tax authority to verify regular income received from abroad.

    -Other reliable means to demonstrate your financial stability.

    Documents related to Hungarian accommodation are also required. You can provide:

    -A residential lease contract to confirm the rental of your residence.

    -A document on accommodation by courtesy, if applicable.

    -Documentary evidence of accommodation reservation and payment.

    -A document proving ownership of a home, such as an abstract of title issued within 30 days.

    -A real estate sales contract and a copy of the decision from the competent Budapest or county government agency granting permission for real estate acquisition.

    -Other relevant documents related to your accommodation.

    Comprehensive health insurance is another essential aspect of the application process. You must provide relevant documents to demonstrate that you have comprehensive health insurance coverage during your stay in Hungary.

    Additionally, documents evidencing your means of exit are required. These include:

    -A statement undertaking the commitment of voluntary departure from the EU if your application is refused.

    -A valid passport or permits necessary to return to your country of origin or any other non-EU country.

    -A valid ticket for departure or sufficient funds to purchase such a ticket, or proof of having a means of transport.

    If you are engaging in a gainful activity as the owner, director, or executive officer of a company in Hungary, the purpose of your entry and residency will be verified through specific criteria. These criteria include:

    -The employment of at least three Hungarian citizens or individuals with the right of free movement and residence, in full-time employment for at least six consecutive months.

    -The residence of the applicant in Hungary being essential for the company, and a business plan provided with the application that demonstrates the viability and potential prosperity of the business. The business plan can be supported by credible means, such as work contracts, personal services contracts, agreements, or supply and sales contracts.

    If you follow these steps and have a solid business plan, you may be able to gain residency in Hungary through your property management company. It's crucial to gather all the required documentation and ensure its accuracy before submitting your application to increase your chances of success. Working with a qualified lawyer or immigration consultant can help you navigate the application process smoothly. Contact us to support you with this process!



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