INFORMATION ON BREXIT FOR CITIZENS OF THE UNITED KINGDOM AND THEIR THIRD COUNTRY NATIONAL FAMILY MEMBERS
As of 31 January 2020 the United Kingdom withdrew from the European Union in an orderly manner. However, in accordance with the Withdrawal Agreement until the end of the transition period on 31 December 2020, UK citizens were considered EEA citizens. Registration certificates and permanent residence cards issued for UK citizens along with residence cards and permanent residence cards issued for third country national family members of UK citizens were valid until 31 December 2021 the latest.
Rules for a stay of more than 90 days within 180 days period for UK nationals arriving in Hungary
UK nationals and their third country national family members intending to stay in Hungary for more than 90 days within 180 days may apply for a residence permit with a specific purpose in accordance with the general rules set out by the Act II of 2007 on the Admission and Residence of Third-country Nationals. Application for a residence permit can also be submitted in person in Hungary at the competent regional directorate of the Hungarian National Directorate-General for Aliens Policing.
Preferential treatment for the application procedure for permanent residence of the third country national family members of UK nationals with permanent resident status in Hungary
A third country national family member of UK nationals with permanent resident status in Hungary may be granted a national permanent residence permit if the existing family relationship with the UK national was established before 1 January 2021 and still continues to exist at the time of application for a national permanent residence permit, unless
a) their residence in the territory of Hungary constitutes a threat to public security or national security;
b) they are subject to expulsion or exclusion from the territory of Hungary, or for whom an alert has been issued in the SIS for the purpose of refusing entry and the right of residence;
c) they have disclosed false information or untrue facts in the interest of obtaining the permit, or misled the competent authority.
A national permanent residence permit provides permanent resident status and the holder of the permit shall have the right to reside in the territory of Hungary indefinitely. The validity period of a national permanent residence permit is 5 years which the immigration authority may extend by an additional 5 years upon request.
The person with a permanent resident status has permanent residence and is entitled to a personal identification document.
Place of submitting applications for a national permanent residence permit, duration of the examination of applications:
Applications can be submitted electronically via the online platform – operated by the National Directorate-General for Aliens Policing – Enter Hungary. Enter Hungary sends an automatic notification about the application and further steps to follow to those submitting their application electronically. In case of submitting an application in person, the application for a national permanent residence permit shall be submitted to the regional directorate responsible for the place where the applicant’s future Hungarian residence is located. In case the application is submitted in person, our colleague receiving the application issues an acknowledgement of receipt.
Please also note that a document with biometric data will be issued, accordingly, personal appearance at the competent regional directorate is required for taking photos and fingerprinting. In case the application is submitted electronically, Enter Hungary sends out a notification to the applicant with relevant information and steps to follow.
The proceeding is exempt from charges.
The application for national permanent residence permit shall be examined by the competent authority within 30 days. In case of refusal the applicant may appeal the decision submitted to the authority of first instance within 15 days after the decision was delivered. In case the appeal is lodged in delay, a request for justification of the late appeal may be submitted as along with the appeal in order to justify the late appeal. A request for justification of a late appeal may be submitted within five days of the date on which the failure to act becomes known or the impediment ceases to exist, but no later than thirty days from the date of the missed deadline or the last day of the missed deadline. The appeal will be examined by the second instance authority within thirty days. Pleading infringement of law, an administrative appeal against the decision of the second instance authority may be launched within thirty days of the date of the delivery of the decision, before the Törvényszék (i.e. Regional Court) having jurisdiction and competence to hear the case. The Regional Court shall examine the case out of court; however, it shall hold a hearing upon the request of either party. If the applicant has a legal representative, the complaint initiating proceedings may be submitted electronically via the website of the National Directorate-General for Aliens Policing; if the applicant does not have a legal representative, the complaint initiating hearing proceedings may be submitted in triplicate, directly to the first instance authority.
Documents required to be enclosed with an application for national permanent residence permit:
The application for a national permanent residence permit must be accompanied by the application form, a valid travel document and a document duly proving the family relationship. Please note that if you apply online the application form will be generated by the Enter Hungary platform automatically. The applicants must print and sign this application form generated by the system and after signing it, it must be attached to the application form in the EnterHungary platform.
Announcement of the birth of a child born in Hungary:
If a UK national with a permanent resident status and his/her third-country national family member have a child born in Hungary, after the announcement of the birth a permanent residence permit shall be issued for the child.
Rules of the withdrawal of a national permanent residence permit
The immigration authority may withdraw the national permanent residence permit if the UK national or a third country national family member of a UK national
a) was absent from the territory of Hungary for more than five consecutive years;
b) constitutes a threat to Hungary’s public security or national security;
c) is subject to expulsion or exclusion from the territory of Hungary, or for whom an alert has been issued in the SIS for the purpose of refusing entry and the right of residence, or
d) requests the withdrawal of the national permanent residence permit.
The national permanent residence permit of the third country national family member of the UK national issued in accordance with rules set out in the Withdrawal Agreement is withdrawn by the immigration authority in case the national permanent residence permit of the UK national has been withdrawn, unless the family member satisfies the general conditions – except for the national interest of Hungary – for a national permanent residence permit.
