INFORMATION ON BREXIT
Brexit – Residence rules in force for citizens of the United Kingdom and their third-country national family members
As of the midnight 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 nationals were considered EEA nationals. Registration certificates and permanent residence cards issued for UK nationals along with residence cards and permanent residence cards issued for third-country national family members of UK nationals were valid until 31 December 2021 the latest.
Rules for UK nationals arriving in Hungary for a stay exceeding 90 days within a 180-day period
UK nationals and their third-country national family members intending to stay in the territory of Hungary for a period exceeding 90 days within 180 days may apply for a residence permit for the specific purpose of their stay in accordance with the general rules set out by Act XC of 2023 on General Rules for the Entry and Residence of Third-Country Nationals (hereinafter: Act XC of 2023). Applications for a residence permit may be submitted in Hungary electronically upon registration on the electronic platform of the immigration authority for procedure initiation (Enter Hungary). In the case of an authorised procedure of a legal representative or a legal entity, applications may only be submitted electronically.
Please note that it is necessary to appear before the competent regional directorate within 15 days of the confirmation of receipt of the application in order to verify your identity, to take your biometric data and a specimen signature, and to have your documents recognised.
For more details on electronic administration, please click here.
Preferential right of long-term residence for third-country national family members of UK nationals with permanent residence status in Hungary
A third-country national family member of a UK national with permanent residence status in Hungary may be granted a national residence card if the existing family relationship with the UK national was established before 1 January 2021 and still exists at the time of application for a national residence card, unless
a) his/her settlement in the territory of Hungary constitutes a threat to public security or national security;
b) (s)he is a subject to expulsion or a ban on entry and stay, or a SIS alert ordering ban on entry and stay;
c) (s)he provided false information, untrue fact(s) or misled the competent authority in the interest of obtaining the permit.
A national residence card provides long-term resident status and the holder of the permit document shall have the right to reside in the territory of Hungary indefinitely. The validity period of a national residence card document is 10 years which the immigration authority may extend with an additional 10 years upon request.
The person with a long-term resident status has permanent residence and is entitled to an identity card.
Place of submitting applications for a national residence card, duration of the examination of applications
Applications shall only be submitted electronically via the Enter Hungary platform, operated by the National Directorate-General for Aliens Policing. Enter Hungary platform sends an automatic notification about the application and further steps to follow.
Please note that it is necessary to appear before the competent regional directorate within 15 days of the confirmation of receipt of the application in order to verify your identity, to take your biometric data and a specimen signature, and to have your documents recognised.
The proceeding is exempt from charges.
The application for national residence card shall be examined by the competent authority within 70 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, an application for justification of the late appeal may be submitted along with the appeal in order to justify the late appeal. The application for justification of a late appeal may be submitted within 5 days of the date becoming aware of the default or the impediment ceases to exist, but no later than 30 days from the date of the missed deadline or the last day of the missed deadline. The appeal shall be examined by the second instance authority within 30 days. Pleading infringement of law, an administrative appeal against the decision of the second instance authority may be launched within 30 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 Court shall decide the case out of court; however, it shall hold a hearing upon the request of either party. If legal representation is used, the statement of claim may be submitted electronically via the website of the National Directorate-General for Aliens Policing; in the absence of legal representation, the statement of claim, in which a hearing can be requested, may be submitted in 3 copies directly to the first instance authority.
Documents required to be enclosed with the application for a national residence permit
The application for a national residence permit must be accompanied by the application form, a valid travel document and a document certifying the existence of the family relationship. Please also note that if you submit your application online, the application form will be generated by the Enter Hungary platform automatically. Applicants must print and sign this application form generated by the system and after signing it, it must be uploaded/attached on the Enter Hungary platform.
Notification of the birth of a child born in Hungary
If a child is born in the territory of Hungary to a UK national with a long-term residence status and a third-country national family member, a national residence card must be issued to the child after the birth has been reported.
Rules of withdrawal of a national residence card/national permanent residence permit
The national residence card/national permanent residence permit shall be withdrawn by the immigration authority if a UK national or a third-country national family member of a UK national
a) left the territory of Hungary for more than five consecutive years;
b) constitutes a threat to the public security or national security of Hungary;
c) is subject to expulsion or a ban on entry and stay was ordered against him/her, or
d) requests the withdrawal of the national residence card.
The national residence card/national permanent residence permit of a third-country national family member of a UK national issued in accordance with the rules set out in the Withdrawal Agreement shall be withdrawn by the immigration authority in case the national residence card/national permanent residence permit of the UK national has been withdrawn, unless the family member complies with the general rules, except for the national interest of Hungary.
