Information on Brexit

 

INFORMATION

on the rules of entry and residence of UK citizens and their family members
following the exit of the United Kingdom from the European Union

 

1. Regulations in force

All EEA citizens, presently including UK citizens, are entitled to stay up to 90 days after entering the territory of Hungary without a separate permit.

EEA citizens are entitled to stay more than 90 days within a 180-day period in possession of a registration certificate.

Third-country national family members accompanying or joining an EEA national may receive a residence card.

Lawful residence in Hungary for five years without interruption entitles EEA nationals to permanent residence (the same applies to their family members). If an EEA national has acquired the right of permanent residence, the holder of the right of residence as a family member is also entitled to it.

By obtaining the first aliens policing document, EEA citizens and their family members establish their permanent residence, thus they are provided with an official address card in Hungary, though they do not receive ID-card.

 

2. Regulation coming into force after the United Kingdom having left the European Union

Upon Brexit UK citizens will be considered third-country nationals and entitled to enter and reside in Hungary on the conditions described below.

After Brexit, newly arrived UK citizens will be exempt from visa requirement for a stay up to 90 days in any 180-day period.

Those who legally resided in Hungary (with registration certificate) prior to the date of Brexit will be entitled – following three years of prior residence – to a national residence permit without examination of the conditions of accommodation, means of subsistence and health insurance. Until the residence period of three years is reached, the previously issued document (registration certificate / residence card / permanent residence card) shall retain validity.

UK citizens and their third-country national family members are covered by Act II of 2007 on the Admission and Right of Residence of Third Country Nationals (hereinafter "Aliens Act") may also submit an application for a EC permanent residence permit, which is to be authorized in accordance with the general rules.

After UK leaving the EU, in case of UK citizens and their family members, the rules of the Aliens Act shall be applied for a stay in the territory of Hungary for an intended duration of more than 90 days within any 180-day period. Persons having acquired the right to move and reside freely before the United Kingdom leaving the EU but failed to fulfill their obligation to registration or apply for new status, can initiate the settlement of their status in accordance with the Aliens Act by applying for a residence permit; please note that UK citizen legally residing in Hungary and their third country national family members may also lodge the application in Hungary.

 

Citizens of the United Kingdom:

A registration certificate and permanent residence card issued to a UK citizen will be valid for up to three years from the date of Brexit.

A UK citizen holding a legal residence (registration certificate / permanent residence card) at the time of Brexit can apply for a national residence permit after three years of residence.

Unlike the general rule, when examining an application for a national residence permit, only the condition of previous stay (registration) for three years or the existence of a ground for refusal (eg. danger to public order or public security) will be examined; conditions relating to housing, means of subsistence, health insurance and the interests of Hungary do not need to be verified.

Since no conditions are scrutinized for the issue of a national residence permit, only a valid travel document, the residence permit and the application form are required at the time of application, and as a general rule, no other supporting document is needed.     

However, please note that in addition to the mandatory annexes, the aliens policing authority may, in the course of the procedure, ask the applicant to submit additional documents and/or take other procedural steps to clarify the facts of the case.

Information on procedural deadline and the competent authority for the decision-making are provided in the common rules of procedure.

 

Provisions applicable to a Third-Country National family member of a UK citizen

A residence card and a permanent residence card issued to a Third-Country National family member of a UK citizen shall be valid for a maximum period of three years from the date of Brexit.

Family members of permanently residing UK nationals with whom the family relationship already existed at the time of Brexit and still exists, may continue to benefit from the preferential arrangements for up to 3 years after Brexit, and obtain a national permanent residence permit.

The term ”family member” means:

  • - the spouse of a UK national
  • - the dependent descendants or any descendent under the age of 21 of a UK national or the spouse of the UK national;
  • - unless otherwise prescribed in law the dependent direct relatives in the ascending line of a UK national or the spouse of the UK national;
  • - the partner with whom the UK national has entered into a registered partnership before the Hungarian authority or the authority of another Member State of the European Union;

The Third-Country National family member of a UK national joining the UK national who legally resides in Hungary within three years from the date of Brexit, may be granted national permanent residence permit in accordance with the Aliens Act if:

(a) the UK national legally and permanently resides in Hungary,

(b)  the family relationship with the UK national was established prior to the date of Brexit and still exists at the time of the application for a national permanent residence permit,

(c) there is no statutory ground for exclusion, and

(d) the UK national or the Third-Country National family member has sufficient resources for himself/herself and his/her family for the duration of the stay so that their stay does not constitute an unreasonable burden on Hungary's social security system and is entitled to health insurance or it is covered by the applicant himself/herself.

An application for a national residence permit by a Third-Country National family member of a United Kingdom national shall be dismissed if:

• there is no effective partnership with the UK citizen, or

• the UK citizen has left the territory of Hungary for the purpose of settling down abroad, or

• the Third-Country National family member of the UK national is subject to expulsion, a ban of entry and stay, or an alert issued in the SIS for the purpose of refusing entry or stay;

 

Common rules of procedure:

The UK nationals and their Third-Country National family members holding a registration certificate, residence card or permanent residence card for three years and uninterruptedly residing in Hungary for three years, without examination of the conditions set out in the Aliens Act 33 § paragraph (1) (a-b) and 35 § paragraph (1) shall be granted a national residence permit, except

• the permanent residence of the UK national or the third-country national family member endangers Hungary's public security or national security;

• the UK national or the Third-Country National family member has submitted false information, made false statements, or misled the determining authority in order to obtain the permit;

• the third-country national family member of a UK national or the UK national himself/herself has criminal record and has not been exempted from the disadvantages of that.

The application for the national residence permit must be submitted at the Regional Directorate of the National Directorate-General for Aliens Policing of jurisdiction by reference to the place of future residence in Hungary. A valid travel document must be presented at the time of application. The application shall be examined by the authority within 30 days.

In case of refusal, the decision may be appealed within 15 days of notification, submitted to the authority of first instance and the authority of second instance shall rule on the appeal within 30 days.

 

Withdrawal of national residence permit:

The national residence permit shall be withdrawn by the aliens policing authority if the UK national or Third-Country National family member

• has left Hungary for more than six months,

• does not have sufficient resources for himself/herself or his/her family members for the entire duration of the stay and therefore their stay puts an unreasonable burden on Hungary's social welfare system and is not entitled to health insurance or it is not covered by the applicant himself/herself.

• endangers Hungary's public or national security, or

• is subject to expulsion, a ban of entry and stay, or an alert issued in the SIS for the purpose of refusing entry or stay;

 

About Related Rights and Obligations:

General information on the related rights and obligations can be found at www.bevandorlas.hu under the "Permanent residence" tab at the bottom of the "National Residence Permit" menu or by clicking on the link below: http://bevandorlas.hu/index.php?option=com_k2&view=item&layout=item&id=75&Itemid=716&lang=en#

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