New changes to the immigration law in 2024

On December 12, 2023, the Hungarian Parliament adopted amendments to the Law on General Rules for the Entry and Residence of Third-Country Nationals from 2007. The new law is limiting the rights of non-EU citizens who wish to come to the country for the purpose of employment, but give more opportunities for the investors. This law redefines the types and purposes of permits of stay.

The new purposes of stay provide the legal grounds for a long term visa are defined in Chapter 3, § 6. A third-country national can reside permanently in Hungary:

• as a guest self-employed,
• as a guest worker,
• for seasonal work,
• with the investor’s visa,
• for employment for the purpose of investment,
• as a highly skilled worker or as a person with skills in an area considered of particular importance to the country
• with a Hungarian card (for citizens of Ukraine and Serbia)
• with EU Blue Card,
• as an employee relocated within the company,
• as a researcher or his/her family member,
• transferring within the company with a Corporate Card,
• National Card for work purposes (for Serbian and Ukrainian citizens),
• for the purpose of training,
• for the purpose of professional development,
• for official purposes (diplomatic visa),
• within the framework of an international agreement on temporary employment of tourists,
• with White Card (for digital nomads),
• for medical treatment purposes,
• for voluntary activities,
• purpose of Hungarian national interest,
• family reunification,
• for humanitarian reasons (refugee status).

A very popular type of residence permit, which was previously called “other purposes” is now excluded from this list. The Other permit could be issued for purposes not provided by the law, such as civil marriage or residence on the basis of real estate ownership.

It will be also more difficult to obtain a work permit and working visa in Hungary from January 2024, as “a foreign citizen can only work in Hungary if a Hungarian worker cannot apply for this job.” In addition, a working visa will not provide grounds for further stay and obtaining permanent residence, and will be valid for a maximum of 2 years and can be extended for 1 year. If the work contract is terminated, the foreigner should leave the country in 6 days.

Restrictions have also been made to the long-term visas for family members. Now family unification for a self-employed entrepreneur can be requested no earlier than after one year of the validity the residence permit. Citizens who have received a residence permit for the purpose of study will no longer be able to request family reunification. This will primarily concern those families who accompany children and students in Hungary.

Citizens who do not necessarily reside in Hungary, but have invested in the country, have the right to request a visitor investment visa or investor residence permit. This type of residence permit will be of interest to those who do not plan to live in Hungary, but will give the opportunity to move freely within the Schengen zone. A visitor investment visa can be issued to a third-country national for whom entry and stay in Hungary is related to national economic interest and who declares that he owns or plans to own at least one of the following types of investments:

• acquisition of an investment portfolio that worth at least 250,000 Euros, issued by a property fund registered with the National Bank of Hungary;
• acquisition of real estate in Hungary for an amount of at least 500,000 Euros or its equivalent value, registered in the real estate cadastre, free of encumbrances and obligations;
• providing a monetary contribution of at least 1,000,000 euros in support of educational, research or artistic activities in the form of a monetary donation to a public benefit fund supporting a higher education institution.

The validity of a visitor investment visa is no more than two years. A visitor investment visa loses its validity if a residence permit is issued. Paragraph 22. § defines the possibilities of obtaining a residence permit for a guest investor (Vendég-befektető). The golden visa gives its holder the right to reside in Hungary and carry out his activities as the head of a company, cooperative or other legal entity created for the purpose of generating income. An investor residence permit can be granted to a third country national who holds a valid investor visa and meets the conditions for obtaining it. A foreign citizen submits an application for an investor residence permit to the migration service or through the Enter Hungary electronic system no later than 93 days after the first entry into Hungary with an investor’s visa. The investor's residence permit is valid for ten years and can be extended for an additional ten years. The validity of the investor's residence permit may exceed the validity of the applicant's passport. A family member of a third-country national holding an investor residence permit according to § 69 (2) can enter and stay in Hungary.