The Importance of Immigration Compliance in Hungary

As remote work and global hiring trends increase, ensuring that your employees have the legal right to work in the country of employment is crucial for business success. With the rise of digital nomads and cross-border work, governments are tightening regulations on work visas and permits. This makes compliance with immigration laws in Hungary essential to avoid legal risks, fines, and potential employee deportation.

Employers must take immigration compliance seriously to prevent unnecessary tax, labor, and legal costs, ensuring a smooth and legally sound operation.

Workers Needing Right-to-Work Checks in Hungary

In Hungary, most European Union (EU) citizens, except those from the United Kingdom, do not require a right-to-work check. However, for noncitizens, including permanent residents, temporary residents, and work permit holders, it is mandatory for employers to perform these checks. This step helps businesses stay compliant with Hungary’s work visa regulations and ensures employees have the proper authorization to work.

Conducting these checks is straightforward—employers simply need to review the employee's passport, work permit, residence permit, and work visa to confirm their eligibility to work in Hungary.

Work Visa or Work Permit Requirements for Noncitizens

Hungary differentiates between Hungarian citizens, EU citizens, and European Economic Area (EEA) citizens, all of whom can live and work in Hungary without the need for a visa or permit. Non-EU and non-EEA citizens, however, must obtain a work and residence permit to legally work in the country, with a few exceptions.

The Schengen Visa and Its Application

The Schengen visa is a short-stay visa that allows individuals to travel throughout the Schengen Area, including Hungary, for up to 90 days within a 180-day period. While this visa allows for certain business-related activities, it does not permit individuals to work. If your intention is to work in Hungary beyond the 90 days, you must transition to a Hungary work visa or permit to remain compliant.

The European Union Blue Card for Skilled Workers

The EU Blue Card is a special visa designed for highly skilled non-EU citizens who wish to work in Hungary. This permit is ideal for individuals with advanced qualifications and relevant experience in their field. The Blue Card is valid for one to four years, depending on the applicant's qualifications and job offer. To qualify, applicants must meet strict education and employment requirements, including a salary that is 1.5 times higher than the local average for similar roles.

Eligibility Requirements for a Work Visa in Hungary

Eligibility for a Hungarian work visa primarily depends on the applicant’s citizenship. EU, Hungarian, and EEA citizens generally do not require a visa. Noncitizens engaging in business activities for short periods (up to 90 days within a 180-day period) may also be exempt, provided their activities are limited to things like attending business meetings, negotiating contracts, or fact-finding missions.

For longer-term work, employees must secure a work visa or permit, particularly if they are contracted to a Hungarian company, are self-employed, or are working on research projects that last over 90 days.

Long-Stay Visa Types in Hungary

For those needing to stay in Hungary for more than 90 days, a long-stay visa is required. This visa allows individuals to enter, exit, and work in Hungary for extended periods. Typically, the application process combines both a work and residence permit in one procedure, simplifying the process for employment, highly skilled work, or humanitarian reasons.

1. Employment Visa

This visa is essential for those working with a Hungarian employer. The employer must post the job publicly for 15 days (unless exempt), after which the employee can apply for their visa.

2. Gainful Activity Visa

Freelancers, entrepreneurs, or C-suite executives working in Hungary will need a gainful activity visa. This visa applies to income-generating activities outside of standard employment contracts.

3. Intra-Corporate Transfer Visa

Employees transferring to a corporate branch in Hungary require this visa. It allows managers and specialists to work for up to three years, and trainees for one year, with no extension possible.

Steps to Obtain a Work Visa for Hungary

Applying for a work visa in Hungary typically requires an in-person submission at the Hungarian embassy in the applicant’s home country. Employers can assist with the application if provided with written consent from the employee. General document requirements include an employment contract, proof of accommodation, health insurance, financial support evidence, and a valid passport.

The processing time varies, ranging from eight weeks for research visas to up to 70 days for employment and gainful activity visas.

Employee Work Visa Sponsorship in Hungary

Visa sponsorship involves the employer taking responsibility for the employee's stay in Hungary, including accommodations, financial support, medical care, and travel expenses. The employer must submit an invitation letter along with the necessary documentation as part of the visa application process. It’s essential to plan for the 70-day approval period to avoid delays.

Visa Requirements for Digital Nomads in Hungary

Digital nomads working remotely from Hungary for more than 90 days need a specific visa called the White Card. This visa is designed for remote workers who are employed by foreign companies or who own shares in businesses outside of Hungary. It is valid for one year, with the possibility of a one-year extension, but applicants are not allowed to engage in gainful activity within Hungary.

The application process follows similar steps to other visas, with the requirement of a Type D visa for entry, followed by a 30-day window to apply for the White Card once in Hungary.

Simplifying Compliance in Hungary with Remote

Navigating Hungary’s immigration regulations and visa requirements can be a complex task for both employers and employees. Additionally, tax regulations for remote workers add another layer of complexity, especially when working across borders. Employers must monitor these aspects closely to avoid legal issues, such as permanent establishment risks or paying taxes in multiple jurisdictions.

Remote helps simplify these processes, ensuring compliance with immigration laws while managing international taxation challenges. This allows businesses to focus on their growth while maintaining a legally compliant workforce.