Staying in Hungary: It’s Not About the Permit, It’s About Your Legal Status

15/12/2025

This overview focuses on the legal logic behind staying in Hungary as a foreign national — not on listing permits, but on understanding how Hungarian immigration rules actually work in practice.

The Real Starting Points of Hungary's Immigration Rules

Hungary's immigration framework operates along several interconnected legal criteria, which may not always be easy to interpret at first glance.
At the same time, the system itself is consistent: it does not start with a specific permit, but with who the individual is, where they come from, and why they wish to stay in Hungary

Uncertainty often arises because these different legal logics are not immediately visible, particularly in cases where a person already holds a residence permit issued by another country.

This article does not list residence permits and does not provide personalised legal advice. Its purpose is to outline the basic legal framework through which a given life situation can be understood from an immigration law perspective – before any specific procedures or applications are considered.

1. The starting point is always your nationality

When applying Hungarian immigration rules, the first and unavoidable question is your nationality.
This determines which set of rules applies to you and how your stay in Hungary can be legally assessed.

Hungarian immigration law essentially works with three main categories:

  • EEA nationals
    (citizens of the European Union, as well as Norway, Iceland, Liechtenstein and Switzerland)

  • Family members of EEA nationals

  • Third-country nationals
    (anyone who does not fall into the above categories, including stateless persons)

This classification is not a technical detail.
It is the foundation of the entire legal framework governing stay and residence in Hungary.

Different rules apply depending on which category you belong to – regardless of whether another country has previously issued a residence permit to you.

2. EEA nationals: right of residence and its confirmation

As an EEA national, entering and staying in Hungary is not subject to a permit.

The right of residence derives directly from EU law, not from a Hungarian authority's discretionary decision.

The legal question arises when the stay becomes more than temporary. In such cases, Hungarian law requires the notification and confirmation of the residence, rather than a classic authorisation procedure.

This distinction is important.

The authority does not "grant" the right to stay.It records and certifies the exercise of a right that already exists.

This is where the registration certificate appears. The registration certificate:

  • is not a residence permit,

  • does not create a new right,

  • merely confirms that the EEA national lawfully resides in Hungary under the applicable conditions.

Lawful residence is typically linked to a factual basis, such as:

  • pursuing gainful employment,

  • undertaking studies, or

  • having sufficient financial resources and health insurance coverage.

These are not formalities, but substantive conditions underlying the right of residence.

Related:  Residence Permit Applications – When a Simple Form Represents a Whole Life Decision

3. Third-country nationals: a purpose-based system

For third-country nationals, Hungarian immigration law operates on a strictly purpose-based logic.

Lawful stay in Hungary is always linked to a specific legal ground, and that legal ground determines:

  • the permitted duration of stay,

  • the rights attached to the permit, and

  • whether the given status is capable of leading to longer-term or permanent residence.

Such legal grounds may include, among others:

  • employment,

  • studies,

  • family reunification,

  • research activities,

  • business or entrepreneurial activity.

However, not all legal grounds are equal from an immigration perspective.

Not every purpose of stay is suitable for establishing a longer-term presence in Hungary, and not every residence permit can be "built upon" toward permanent or long-term residence.

The legal consequences always depend on the substance of the legal ground and the individual's actual life situation, rather than the name or label of the status itself. 

Related: Company Formation in Hungary – Clarity for Those Taking Their First Steps Here 

4. Short stays, visa-free entry and bilateral agreements

Hungarian immigration law includes a frequently misunderstood intermediate category: short-term, visa-free stay.

Nationals of certain third countries — such as the United States, Canada, Israel, Japan, South Korea or New Zealand — may enter the Schengen Area, including Hungary, without a visa for up to 90 days within a 180-day period.

In addition, Hungary has concluded bilateral agreements with specific countries that, under strictly defined conditions, may allow an extended stay in Hungary only, typically for an additional 30 or 90 days.

It is essential to note that:

  • this option is not universal,

  • it applies only to specific nationalities, and

  • it does not permit employment, studies or income-generating activities.

Bilateral agreements constitute narrow exceptions, not general residence rights, and they do not replace residence permits under Hungarian law.

5. Why there is no single universal answer

Hungarian immigration law follows a consistent logic, but it cannot be reduced to templates or one-size-fits-all solutions.

Even within the same legal category, individual life situations may lead to very different legal outcomes – depending, for example, on:

  • the purpose of stay,

  • the intended duration, or

  • whether a stay remains temporary or gradually becomes long-term.

As a result, immigration matters are rarely resolved by identifying a single "correct permit".

They are assessed based on the overall context of the individual situation.

The system does not primarily operate with permit labels, but with real-life circumstanceswho you are, why you are in Hungary, and how your stay is expected to develop over time.

This is why, in most immigration matters, the actual solution is not a form or a title, but a properly understood legal framework tailored to the specific situation.

Related: Opening a Corporate Bank Account in Hungary – A Key Step After Your Kft (LLC) Is Registered

Disclaimer 

This article is based on the applicable legislation and publicly available official information as of the date of publication.

Hungarian immigration regulations may change over time, particularly due to legislative amendments, EU-level developments or changes in the international environment.
Accordingly, this article is provided for general informational purposes only and does not constitute legal advice.

Each individual situation requires a case-by-case assessment.
Decisions should not be made solely on the basis of general information.

This article does not replace personalised legal consultation, and the author assumes no responsibility for decisions made based on its content.

For the most up-to-date official information, please consult the website of the
National Directorate-General for Aliens Policing (OIF)👉 https://oif.gov.hu


Frequently asked questions

1. Does a residence permit issued by another EU or Schengen country matter in Hungary?

No. A residence permit issued by another EU or Schengen Member State does not create a right of residence in Hungary and does not override Hungarian immigration rules.
Whether such a permit has any relevance depends entirely on the individual circumstances of the case.

2. Do EEA nationals need to apply for a residence permit in Hungary?

No. For EEA nationals, the right of residence in Hungary is based on EU law, not on a national permit.
In the case of long-term residence, the notification and confirmation of the exercise of that right is required, and the authority examines whether the conditions for lawful residence are met.

3. Can visa-free stay be used for work or studies in Hungary?

No. Visa-free stay — including any extension based on bilateral agreements — does not entitle the holder to work, pursue studies or engage in any income-generating activity in Hungary.
Such activities are only permitted on the basis of an appropriate residence status.

4. Which residence status is the "best" option?

There is no universally "best" solution. The appropriate legal framework always depends on nationality, the purpose of stay and the individual circumstances involved.


If you would like guidance in relation to your own situation, you are welcome to contact me at 

lilla.acs@dunalegal.com

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