Employment of Third-Country Nationals in Hungary

Employers in Hungary are increasingly faced with the reality that the domestic labour market does not provide a sufficient number of workers or individuals with the required level of expertise. As a result, the employment of third-country nationals is becoming more common. In these cases, the so-called single application procedure often applies, as it simultaneously regulates both the right of residence and the right to work in Hungary.

The following summary explains step by step:

• in which situations employment does not fall under the single application procedure

• how the single permit procedure is structured

• when a specialised authority opinion may be issued without labour market assessment

• when a labour market assessment is mandatory

• in which cases the government office will not support the issuance of the single permit

The labour law and immigration law team of Herdon Law Firm works with these matters on a daily basis. The aim of this article is to present not only the relevant legal framework but also the practical logic underlying the procedure in a clear and comprehensible manner.

Cases of employment that do not fall under the single application procedure

The first step is always to determine whether the specific employment situation falls within the scope of the single application procedure. If legislation expressly excludes a particular category, a single permit application cannot and need not be submitted, even if the employment itself would otherwise require authorisation.

A third-country national does not fall under the scope of the single application procedure, in particular if the individual:

• is entitled to the right of free movement and residence under EU law

• is posted to Hungary by an employer established in another EU Member State in accordance with Directive 96/71/EC on the posting of workers

• intends to reside or has resided in Hungary as an au pair or seafarer

• has applied for refugee status or for temporary or subsidiary protection

• has already been granted refugee status, subsidiary protection or temporary protection in Hungary (except when applying for an EU Blue Card)

• is staying in Hungary as a beneficiary of temporary protection (including if working within the reception facility)

• holds a long-term resident EU permit issued by another EU Member State

• resides in Hungary for the purpose of performing self-employed activities permitted by law

• resides for the purpose of studies

• intends to enter and stay in Hungary only for a short duration

If any of the above exclusion circumstances apply, the single permit procedure cannot be initiated. Even so, the employment may still require another type of permit. In such cases, the employer must submit the application to the competent government office.

If either the third-country national or the employer fails to submit the required documentation, the government office will obtain the missing documents during the specialised authority procedure, which significantly slows down the process. In practice, this can result in several weeks of delay.

Main rules of the single permit procedure

The essence of the single permit procedure is that the residence permit is issued together with the authorisation to work. The residence permit is issued by the immigration authority, and it simultaneously functions as a work permit.

During the single application procedure, the competent capital or county government office acts as the specialised authority in the first instance, while the minister responsible for the employment of third-country nationals acts as the specialised authority in the second instance.

Upon the immigration authority’s request, the government office issues a specialised authority opinion stating:

• whether the third-country national may be employed in the position indicated in the preliminary agreement, and

• in cases of intra-corporate transfer exceeding 90 days, whether such employment is supported

The preliminary agreement is the document that sets out the position, employment conditions and duration; its content is crucial for the specialised authority opinion.

Specialised authority opinion without labour market assessment

In certain situations, the government office is not required to assess the labour market situation. In such cases, the assessment focuses solely on whether the worker meets the statutory and contractual requirements. If these conditions are met, a positive specialised authority opinion is issued.

Cases where authorisation would normally not be required, but the immigration authority still requests a specialised opinion

These include situations where, under Government Decree 445/2013, a work permit would normally be unnecessary, but due to the structure of the single application procedure, a specialised opinion is still required. Examples include:

• international treaties providing exemption

• the employment of a branch or representative office manager of a foreign company, with appropriate employer declarations and a preliminary agreement submitted in original or certified copy (with certified Hungarian translation where required)

• persons delegated to international organisations and their close relatives, with proof of delegation and family status

• teaching activities conducted under state-level international educational programmes, with ministerial certification

• participation in international programmes such as Comenius, Erasmus, Leonardo da Vinci or Grundtvig, supported by a preliminary agreement

Cases where legislation expressly requires that no labour market assessment be carried out

Government Decree 445/2013 identifies circumstances where even a non-single permit would be issued without labour market assessment. These principles apply equally in the single application procedure. Examples include:

• positions governed by international agreements

• the employment of key personnel, where exceptional managerial or technical expertise must be demonstrated, and continuous employment with the foreign parent company for at least one year must be proven

• employment at foreign-majority-owned companies up to 20% of the workforce, subject to an employer declaration

• employment of close relatives of diplomatic or consular staff

• employment of internationally recognised experts in academia, research or the arts, exceeding ten working days per year

• employment of certain family members residing in Hungary long term with a third-country national already working in Hungary

• employment of the spouse of a refugee, beneficiary of subsidiary protection, or long-term resident

• employment of a widow(er) who lived in Hungary with the deceased spouse for at least one year

• certain installation, warranty, servicing or commissioning work exceeding fifteen working days within a thirty-day period

• employment authorised separately by the immigration authority

• employment of beneficiaries of temporary protection outside reception facilities

• employment by international organisations or foreign missions in specific non-delegated roles

• employment in film production by a company registered with the national film authority

• short-term training or on-the-job instruction lasting up to three months per calendar year

• teaching activities performed by researchers under valid hosting agreements

• applications submitted for extension at least fifteen days before expiry

• family members of EU Blue Card holders

• performers eligible for a Hungarian Artist Card

Specialised authority opinion with labour market assessment

Where the law requires a labour market assessment, the government office examines:

• whether the third-country national possesses the required qualifications

• whether the employer has submitted a valid labour demand notification

• whether a suitable registered jobseeker is available

• whether the applicant meets all statutory and employer-specified requirements

The applicant must submit:

• certified copies of qualifications with certified Hungarian translation

• the preliminary agreement (original or certified copy, with certified translation where necessary)

• all documents proving compliance with employment requirements (e.g. language certificate, driving licence)

The preliminary agreement must include:

• the specific job title and FEOR code

• the employee’s professional or higher professional qualifications

• the exact amount of remuneration

• the type of employment relationship

• the intended start and end date of employment

• the place of work

• weekly working hours in the case of part-time employment

If all requirements are satisfied, the government office issues a positive opinion.

Types of residence permits handled through the single application procedure

The single permit procedure applies, among others, to the following residence permit types:

• seasonal employment

• employment related to the implementation of an investment

• general employment

• guest worker permits

• National Card

• Hungarian Card

• EU Blue Card

• intra-corporate transferees

• research-related residence permits

• short-term and long-term researcher mobility

• certain Corporate Card cases

• residence permits issued in the national interest

When the government office does not support issuing the single permit

The law lists several situations where the government office must issue a negative opinion, resulting in the refusal of the single permit. Examples include:

• missing requirements related to labour market assessment

• exceeding the national quota for employment-purpose or guest worker residence permits

• the planned job is included on a prohibited list

• a suitable Hungarian jobseeker is available but the employer unjustifiably refuses to employ them

• lack of reciprocity between Hungary and the worker’s country of origin

• the employer does not meet health, safety or technical employment conditions

• the employer offers below-minimum salary in cases such as EU Blue Card employment

• the applicant holds another valid permit for the same period (except part-time employment)

• the employer does not intend to start employment within 120 days

• the employment constitutes undeclared labour leasing and the employer is not a certified temporary work agency

• suspicion of forged or fraudulently obtained documents

• the applicant is not from a country listed in the relevant government decree for guest worker permits

Additional discretionary grounds include:

• ongoing state-funded training aimed at the same occupation, finishing before the planned employment start date

• recent collective redundancies by the employer

• strikes affecting the intended work activity

• remuneration significantly below the national average for the occupation (generally below 80% of the personal base wage average)

• inconsistencies in submitted documents

• working hours exceeding forty hours per week across multiple part-time positions

• unjustified replacement of a Hungarian employee

• patterns of refusing suitable Hungarian candidates in earlier procedures

• recent labour or occupational safety fines imposed on the employer

• previous fines for employing third-country nationals without permits

How Herdon Law Firm can assist

The employment of third-country nationals in Hungary involves several interlinked legal fields and a strict administrative framework. Adhering to statutory requirements and submitting complete, accurate documentation are essential. Even a minor formal error or missing certification may delay the process or lead to refusal.

Herdon Law Firm provides comprehensive support to both employers and applicants, including:

• preliminary legal assessment of the employment structure and its eligibility for the single application procedure

• drafting or reviewing the preliminary agreement

• preparing and verifying all required documentation

• assisting with labour demand notifications

• communication and representation before the government office and the immigration authority

• legal remedies in case of a negative specialised authority opinion

If you plan to hire a third-country national, or are currently involved in an ongoing procedure, obtaining legal advice before submitting the application can significantly reduce risks. Our office is ready to assist to ensure that employment complies fully with the legal requirements and proceeds with the least possible administrative burden.