Shooting in Hungary
Visa & Working Permit
Regulations and Process for International Film Crews
Last updated on May 27th, 2021
Last updated on May 27th, 2021
Since Hungary is a member of the European Union and the Schengen Agreement, the rules and regulations regarding foreign crew members’ visas and work permits follow the guidelines of the EU and the Schengen Agreement. Due to the increasing economic weight of the country’s film industry during the last few years, multiple laws and regulations have been made to simplify travel for international productions and to aid them to obtain the sufficient permits.
Since Hungary is a member of the European Union and the Schengen Agreement, the rules and regulations regarding foreign crew members’ visas and work permits follow the guidelines of the EU and the Schengen Agreement. Due to the increasing economic weight of the country’s film industry during the last few years, multiple laws and regulations have been made to simplify travel for international productions and to aid them to obtain the sufficient permits.
Visas for Hungary
When applying for a visa needed to enter Hungary, countries can be classified into two different categories.
The citizens of such third countries fall into the first category, that are not members of the EU nor the Schengen Agreement, but due to various agreements enjoy simplified rights to travel. These citizens are exempt from visa requirements when staying for up to 90 days in the Schengen Area and therefore in Hungary. These regulations can be found in the REGULATION (EU) 2018/1806 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (previously 539/2001/EK regulation), as well as a list of the third counties, that fall within these categories (Annex II).
“Article 4
Nationals of third countries listed in Annex II shall be exempt from the requirement set out in Article 3(1) for stays of no more than 90 days in any 180 day period.” REGULATION (EU) 2018/1806 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
However, Article 6 (a)’s regulation enables the given country to independently regulate the case when an individual arrives to obtain income, but Hungary does not live with this opportunity, as can be seen in the Law No. II of 2007 on the Admission and Right of Residence of Third-Country Nationals.
"Section 7/A
Third-country nationals holding a visa for a planned duration not exceeding ninety days, and persons lawfully residing in the territory of Hungary as nationals of the states listed in Annex II of Council Regulation 539/2001/EC may undertake to pursue an occupational activity in accordance with Subsections (1) and (2) of Section 20, unless this Act contains provisions to the contrary.“ Law No. II of 2007 on the Admission and Right of Residence of Third-Country Nationals
These two laws jointly enable those crew members, who are the citizens of countries in this category to work in Hungary without any type of visa obligations. The entire list of these countries can be found in the previously mentioned Annex II, but here are a few examples of non-EU countries that belong to this category: United States, South Korean, Japan, Canada, United Arab Emirates, Mexico, Brazil, Australia, Argentina, Singapur, Chile, Columbia, Israel, Malaysia, Peru and Venezuela.
Such countries belong to the second category that are neither member states of the EU, nor are part of any further agreements, which would simplify the travel procedure into the Schengen Area. The citizens of these countries must apply for a visa, when they wish to travel to Hungary, either as a tourist or with an employee status. These respective regulations can be found in the previously mentioned REGULATION (EU) 2018/1806.
Article 3
Nationals of third countries listed in Annex I shall be required to be in possession of a visa when crossing the external borders of the Member States.” REGULATION (EU) 2018/1806
The individual wishing to travel has to request the necessary documents in the country where they hold a citizenship. This can be done at the given country’s Hungarian embassy, consulate or other visa-issuing institutions. The evaluation may take up to 15 days, due to which it is highly recommended to start the procedure in time, insuring that the required permits can be granted by the date of travel.
Progressive Productions does everything possible to assist this procedure and provides all the necessary documents, let that be the letter of invitation or the proof of booked accommodation. The list of countries whose citizens are required to apply for a visa can be found in the Annex I of the REGULATION (EU) 2018/1806 mentioned above. Here are a few examples of these countries: China, India, Russia, Turkey, Egypt, Vietnam, Thailand, Iran, Saudi-Arabia, Azerbaijan, Bahrain, Qatar and South-Africa.
Work Permits for Hungary
The employment of international crew members can also be separated into two categories, similar to the categories of visa requirements.
Those fall into the first category whose period of residence does not exceed 90 days, who are not resident in Hungary and are not employed by Hungarian companies, therefore are given the payment in their home country for their work executed in Hungary. In this case, there is no need for a work permit, nor do they have any taxation obligations to the Hungarian State. This applies to both the citizens of countries except of and those requiring visas, as stated in Section 7/A of the Law No. II of 2007 on the Admission and Right of Residence of Third-Country Nationals: “Third-country nationals holding a visa for a planned duration not exceeding ninety days, and persons lawfully residing in the territory of Hungary as nationals of the states listed in Annex II of Council Regulation 539/2001/EC may undertake to pursue an occupational activity…”
The second category is for such cases when a production’s duration is long or when it would be necessary for some reason (tax break, co-production, etc.) for an international crew member to be employed by a Hungarian company. The Hungarian law has undergone changes to ensure this process to be as seamless as possible. The most important factor in these cases is for there to be a registered film production company, that fulfill all the legal conditions and are entitled to submit such applications. Since Progressive Productions is such a company, we are able to gain authorization for a crew member from a third country by simply submitting one application, without needing justification or to undergo a long evaluation process. This opportunity is stated in the 445/2013. (XI. 28.) Government Decree.
"Section 9
Subsection (1) states that a work permit is to be granted without examining the aspects that are stated in Section 3 Subsections (2)-(7), as well as the Section 5 Subsections (1)’s a) and e) points:
(...)
13. to a citizen of a third country to be employed by a film production company registered by the authority of the film industry based on the law on film.” 445/2013. (XI. 28.) Government Decree
In this case, it is important to keep in mind the laws regulating taxation, to avoid the given individual’s double taxation. This issue is managed thanks to the agreements made between Hungary and other states to ensure that double taxation is avoided by these legal procedures.
The regulations and laws presented above prove how much energy and resources Hungary has invested to create the most ideal conditions for international productions even on the level of acquiring visas and work permits. The attention given on such details shows how production-friendly Hungary’s mentality is, not only on the part of production companies but also on part of the state itself.
