As of 1 March 2024, it possible to submit applications for residence permit at the Immigration Authority in accordance with the new regulation, i.e. the Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals.
If the residence permit expired between 1 January 2024 and 29 February 2024, its validity is extended automatically until 30 April 2024, so it is considered as if it had been issued with a validity period of 30 April 2024.
The holders of a residence permit valid on 1 January 2024 may apply for a new residence permit under one of the new titles provided for in the new act. For instance, the holders of the residence permit for gainful activity can apply for residence permit for guest self-employment. In the case of a residence permit for the purpose of employment, the third country national can choose from several types of work permit, e.g. permit for employment purposes, guest worker residence permit, Hungarian Card etc.
The application can be submitted maximum 45 days before the expiry date of the residence permit. If the residence permit expires between 1 March and 1 April 2024, the application for a residence permit must be submitted no later than the last day of the period of validity of the residence permit. According to the general rule, the validity period of the new residence permit will be calculated from the date of submission of the application, which means that the previous stay in Hungary shall not be calculated to the validity period of the new residence permit.
By Eszter Ila-Horvath, Attorney at Law, KCG Partners Law Firm
