Immigration update: Hungary | Impact of Brexit on UK citizens resident in Hungary

Impact of Brexit on UK citizens resident in Hungary

The departure of the United Kingdom from the European Union took place in an orderly manner on 31st January 2020 after the completion of the ratification process for the Withdrawal Agreement and the Political Declaration setting out the framework for the future partnership. During the transition period, which will last until 31st December 2020, EU law will still apply in the UK and the country in practice will remain part of the single market and the customs union.

Immigration procedure until 31^st December 2020 for UK Nationals and family members:

• under the provisions of Act I of 2007 on the Entry and Stay of Persons with the Right to Free Movement and Residence they may obtain a Registration Certificate / Card

Work Compliance:

Under the Withdrawal Agreement, nationals of the United Kingdom are not required to hold a work permit in order to be employed in Hungary, the Posted Worker Registrations and Labour Registrations will be required as before.

Immigration Procedure after 1st January 2021

1. Regulations in force

• All EEA citizens (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.

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.

1. Regulation coming into force after the United Kingdom having left the EU – 1st November 2019

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 in the past 3 years will be entitled to change the permit for 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 as a third country nationals 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 – residence permit (Single Permit/ICT Permit/Permit for family reunification) 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.

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.

1. Next Steps

• Ensure all UK employees residing in an EU member state, and EU citizens resident in the UK, and their family members, have submitted registration applications (where applicable) by Brexit day;
• Affected employees should gather documents in support of possible future immigration applications;
• Be prepared for longer, more complex immigration application requirements in any post-Brexit scenario and, if possible, bring forward any planned assignments between the UK and the EU.

Should you have any questions, please contact us:

Henrietta Kígyósi
Hungary Head of Immigration
Santa Fe Relocation
Tel.: +36 70 332 36 06
Email: henrietta.kigyosi@santaferelo.com

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