Information on Brexit

 

 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 are considered EEA citizens.

 

Please be advised that UK nationals without a registration certificate are eligible to apply for the document until 31 December 2020 by appearing in person at our client service center or via the online platform Enter Hungary.

 

Starting from 1 January 2021, UK citizens and their family members living in Hungary before the end of the transition period – as beneficiaries of the Withdrawal Agreement – are eligible for obtaining a national permanent residence permit without examining the criteria for the duration of their preceding stay, existence of Hungarian residence, means of subsistence or health insurance. The new residence status is based on the documents certifying the preceding legal residence in Hungary.

 

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 are valid until 31 December 2021 the latest.

 

 

RULES OF RESIDENCE AFTER 1 JANUARY 2021

FOR CITIZENS OF THE UNITED KINGDOM AND THEIR THIRD COUNTRY NATIONAL FAMILY MEMBERS

 

As a general rule, UK citizens and their third country national family members with a registered residence in Hungary (namely holders of valid registration certificates, residence cards or permanent residence cards) are issued a national permanent residence permit – if meeting all criteria set out by law upon their request.

 

With regards to the Withdrawal Agreement, Hungary provides opportunity for obtaining a national permanent residence permint to those UK citizens without a registered Hungary residence who can credibly substantiate their habitual residence in Hungary for the time period preceding 1 January 2021.

 

The residence status of those UK citizens who did not habitually reside in Hungary but are able to credibly substantiate that they pursued gainful activities as frontier workers or self-employed frontier workers in the territory of Hungary for the time period preceding 1 January 2021 will also be regulated in accordance with the Withdrawal Agreement.

 

In case the UK citizen meets all criteria set out by law his/her third country family member  – provided that the family relation exists – is eligible to further residence in Hungary.

 

The application for national permanent residence permit shall be submitted between 1 January and 31 December 2021.

 

Frontier workers and self-employed frontier workers are eligible to apply for residence permits for which applications shall be submitted between 1 January and 31 March 2021.

 

Both proceedings are exempt from charges.

 

Please be advised that applications can be submitted electronically via the online platform – operated by the National Directorate-General for Aliens Policing – Enter Hungary. Please be informed, that the online application platform specifically provided for the beneficiaries of the Withdrawal Agreement is available.

In case the application is submitted in person, our colleague receiving the application issues an acknowledgement of receipt while Enter Hungary sends an automatic notification about the application and further steps to follow to those submitting their application electronically.

 

Please note that starting from 1 January 2021, UK citizens and their third country national family members will be issued biometric documents, accordingly, personal appearance at the competent regional directorate will be 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.

 

 

DETAILED RULES FOR PROCEEDINGS LAUNCHED UPON REQUEST FOR NATIONAL PERMANENT RESIDENCE PERMIT

 

UK citizens and their third country national family members with a valid travel document and a registration certificate, residence card or permanent residence card are issued a national permanent residence permit – without examining the criteria of the duration of their preceding stay, existence of Hungarian residence, means of subsistence, health insurance or whether their stay is in accordance with the interest of Hungary – upon their request, 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 supplied false information or untrue facts in the interest of obtaining the permit, or misled the competent authority;

d) the UK citizen or the third country national family member of the UK citizen has a prior criminal record, until exonerated from the detrimental consequences related to his/her criminal record;

e) the third country national family member of the UK citizen does not actually live in the same household as the UK citizen; or

f) in case of third country national family members of the UK citizens when the UK citizen has departed from the territory of Hungary with the intention to establish residence elsewhere.

 

Third country national family member of the UK citizen, joining a UK citizen with legal residence in Hungary is eligible for national permanent residence permit as per Act II of 2007

on the Admission and Right of Residence of Third-Country Nationals in case

 

a) the UK citizen is staying in Hungary legally with a permanent resident status,

b) the family relation with the UK citizen was established before 1 January 2021 and it exists at the time of submitting the application for 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 supplied false information or untrue facts in the interest of obtaining the permit, or misled the competent authority;

 

Documents required to be enclosed with an application for national permanent residence permit:

 

If a UK national or a third-country national family member of the UK national has valid Hungarian residence when the application is submitted, no other document is required beyond the application form and the valid travel documents. The application form will be generated by the Enter Hungary platform automatically. The applicants have to print and sign this system generated application form and they also have to attach it together with the other documents.

A UK national who can credibly substantiate to have habitually resided in the territory of Hungary before 1 January 2021 and holds a valid travel document, but cannot prove his Hungarian residence with a valid registration certificate is entitled to national permanent residence permit according to the abovementioned. In this case habitual Hungarian residence may, in particular, be verified by:

 

a) a contract of employment;

b) a document to verify student status;

c) an apartment lease agreement;

d) in case of a long-lasting medical care, a certificate of the institution providing medical treatment;

e) a certificate evidencing regular income based on activities carried out in Hungary

 

Documents credibly substantiating habitual Hungarian residence are required to be enclosed with the application.

 

A national permanent residence permit provides permanent resident status and the person 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 receive 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 on the electronic platform of Enter Hungary. Please be informed, that the online application platform specifically provided for the beneficiaries of the Withdrawal Agreement is available.

Personal application is to be submitted at the regional directorate of the National Directorate-General for Aliens Policing competent for the place where the applicant’s future residence is located.

 

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 notification. In case of late appeals, a request for justification of the late appeal may be submitted at the same time as the appeal in order to justify the appealer’s 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 not later than 30 days from the date of the missed deadline or the last day of the missed deadline. The authority of second instance shall examine the appeal within 30 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 decision notification, 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 appealer has a legal representative, applications initiating proceedings may be submitted electronically via the website of the National Directorate-General for Aliens Policing; if the appealer does not have a legal representative, applications initiating hearing proceedings may be submitted in triplicate, directly before the first instance authority.

 

According to the Act II of 2007 on the Admission and Residence of Third-country Nationals, a UK national and a third-country national family member of the UK national can apply for EEA national residence permit. Please note that there is no opportunity for derogation from general legal conditions in case of issuing national residence permit.

 

Announcement of the birth of a child in Hungary:

 

If a UK national with a permanent resident status according to the Act II of 2007 on the Admission and Residence of Third-country Nationals and his/her third-country national family member have a child born in Hungary, after the announcement of the birth a national permanent residence permit or in case of a parent holding an EEA national residence permit a national permanent residence permit must 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 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 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 – set out by Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals.

 

 

Rules for further residence of UK nationals as frontier workers in Hungary

 

A UK national who was employed in Hungary before 31 December 2020 and this employment status exists at the time of the application, but his/her place of residence or accommodation is outside the territory of Hungary, can apply for a residence permit for the purpose of employment within the framework of a single application procedure, without having to prove the existence of conditions for housing, subsistence and health insurance. The application is processed in a single application procedure but the government agencies are not involved in the proceedings as a specialist authority.

 

Place of submitting applications for a residence permit for frontier workers:

 

Application for a residence permit for the purpose of employment can be submitted at the regional directorate competent for the place of employment or, if the place of employment is variable, at the regional directorate competent for the employer's registered office or on the electronic platform of Enter Hungary.

 

Documents that provide credible evidence of employment before 31 December 2020 (eg. work contract, mandate contract, documents proving regular travel, eg. tickets, boarding passes, hotel reservations) shall be enclosed with the application.

 

Place of submitting applications for a residence permit for self-employed frontier workers:

 

A UK national who was self-employed in Hungary before 31 December 2020 and that status exists at the time of application but his/her place of residence or accommodation is outside Hungary, can apply for a residence permit for the pursuit of gainful activity without having to prove the existence of conditions for housing, subsistence and health insurance.

 

Application for a residence permit for the pursuit of gainful activity may be submitted at the regional directorate responsible for the place of income or, if the place of earning varies, at the regional directorate responsible for the location of the registered office of the self-employed or on the electronic platform (Enter Hungary).

 

Documents certifying self-employed activities carried out before 31 December 2020 (eg: an official certificate of registration as a self-employed issued in Hungary, contracts of assignment) shall be attached to the application.

 

The application shall be examined by the competent authority within twenty-one days. An appeal against the negative decision may be lodged at the authority of first instance within eight days of notification. The authority of second instance shall examine the appeal within twenty-one days.

 

The period of validity of a residence permit issued to frontier workers shall be five years, renewable from time to time by five years, and the rules for issuing it shall apply accordingly.

 

 

Rules for stays for up to 90 days within any 180 day period for UK nationals arriving in Hungary after 1 January 2021

 

UK nationals and their third country national family members entering the territory of Hungary after 1 January 2021 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 be submitted in person in Hungary at the competent regional directorate of the Hungarian National Directorate-General for Aliens Policing.

 

       

 

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    Family members of a Hungarian national are:
    • the spouse of a Hungarian national;
    • the minor child (including adopted and foster children) of a Hungarian spouse where the spouse has parental custody;
    • a person having and exercising parental custody of a Hungarian minor child and living in the same household as the Hungarian national


    Family members of an EEA national are:
    • the spouse of an EEA national;
    • the descendants of an EEA national and those of the spouse of an EEA national who are under the age of 21 years or are dependents;
    • the dependent ascendents of an EEA national and those of the spouse of an EEA national, as well as
    • any person whose entry and residence has been authorised by the competent immigration authority as a family member;
    • the partner with whom the EEA national has entered into a registered partnership before the relevant Hungarian authority or the authority of another Member State of the European Union



    Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents
    The Council Directive 2003/109/EC determines:
    (a) the terms for conferring and withdrawing long-term resident status granted by a Member State in relation to third-country nationals legally residing in its territory, and the rights pertaining thereto; and
    (b) the terms of residence in Member States other than the one which conferred long-term status on them for third-country nationals enjoying that status.









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