Having or not having higher education – Business immigration possibilities according to the new Hungarian immigration act

Previously we talked a lot about the new golden visa program in Hungary, which name is guest-investor residence permit. We checked the major changes and saw a comparison of the ICT and the simple work permit. Beside these amendments, there are many other changes which have influence on the business immigration. In today’s article we are talking about the Hungarian Card and the guest self-employed permits which provide Schengen residency for the entrepreneurs. The big question is: do you have a degree?

First of all, let us see a brief overview on the new structure. A third-country national may reside permanently in Hungary on the basis of the following legal titles:

a) for business or investment purposes

• as a guest self-employed,
• as a guest investor,

b) for employment purposes as a guest worker

• with a residence permit for seasonal employment,
• a residence permit issued for the purpose of carrying out a project,
• a residence permit for employment purposes,
• guest worker residence permit,

c) as a highly qualified person for the purpose of employment or as a person with skills in a field of high importance for the country

• with a Hungarian Card,
• EU Blue Card,
• as an intra-corporate transferee,
• as a researcher,
• for the purpose of relocating a company to Hungary, with a Business Card,

d) for employment linked to citizenship or for other purposes under this Act, with a National Card,

e) for other reasons specified in this Act, i.e.

• for study purposes,
• for training purposes,
• as a trainee,
• for official purposes,
• on the basis of an international agreement for the employment of tourists temporarily employed,
• with a White Card,
• for the purpose of mission,
• for medical treatment,
• for the purpose of carrying out voluntary activities,
• in the national interest,
• for the purpose of family reunification, or
• on humanitarian grounds.

Purpose of Employment

Let us start with the 0^th step. The Act introduces the concept of guest worker and the Hungarian Card. These are worth mentioning because from now on it will be more important whether the third-country national has higher education or not, as it will be decided accordingly which permit he/she applies for.

The rights of Guest Workers have been notably restricted by the new law in comparison to the residence permit available until December 31, 2023. Specifically, Guest Workers are no longer eligible, for example for family reunification under the new regulations.

The guest worker category includes the following permits:

• with a residence permit for seasonal employment,
• a residence permit issued for the purpose of carrying out an investment project,
• a residence permit for employment purposes,
• guest worker residence permit.

It is very important to highlight for family reunification that no family member may join a third-country national holding this type of residence permit.

The Hungarian Card (formerly a permit for the purpose of a gainful activity) is applicable to persons who are highly qualified persons for the purpose of employment or who have skills in a field of high importance for the country. The new rules do not affect this category in substance, but the legislation provides them with more favorable conditions.

In summary, the Hungarian Card is available to third-country nationals,

• whose purpose of residence is to carry out, for consideration, actual work for or under the direction of another person on the basis of an employment relationship, or
• who, as owner or managing director of a company, cooperative or other legal person established for gainful purposes, carries out actual work in addition to the activities falling within the scope of that activity.

A third-country national may obtain a Hungarian Card only if, even if the conditions set out above are met

1. has the professional qualifications specified in the Communication of the Minister responsible for higher education,
2. is a professional sportsperson or professional coach,
3. a performer, or
4. a third-country national who is actually working in a film production company registered by the professional authority for the cinema under the Cinematographic Exhibition Act.

The Hungarian Card is valid for a maximum period of three years, which may be extended by a maximum of three years at a time renewable for a further period of three years.

Third-country nationals without higher education can apply for a residence permit as a guest-worker.

Permit for gainful Activity

As it was mentioned the new legislation categorizes workers into two distinct groups based on their educational background: Guest Workers and Highly Qualified Workers. Individuals from third-countries with higher education are designated as Highly Qualified Workers, while those without such credentials fall under the classification of Guest Workers.

This classification is also true when we are talking about the permit for gainful activity. If the applicants have a degree they can apply for the Hungarian Card, if have not got a degree they can apply for the guest self-employed permit. Continue with a comparison again.

If you are interested in the above mentioned possibilities feel free to contact.