BREXIT: Immigration documents of UK citizens and their family members from 1 January 2020
Brexit from the immigration perspective: Those UK citizens and third-country national family members of UK citizens, who lived in Hungary before 1 January 2021 can easily get permanent residence status.
On 16 December 2020, the Hungarian Parliament adopted the national law securing the rights of UK nationals and their family members living in Hungary after 31 December 2020. The new law will enter into force on 1 January 2021. In this post, we summarised the most important details of the changes.
UK nationals and their family members who arrived in Hungary before 1 January 2021 will be eligible for a permanent residence status and in order for this, they can obtain a National Permanent Residence Permit (in Hungarian: Nemzeti Letelepedési Engedély) in a simplified process.
The following Hungarian immigration documents will be converted to a National Permanent Residence Permit: EEA Registration Certificate, Residence Card, Permanent Residence Card. Nonetheless, the British citizens and their third-country national family members need to apply for the status change.
UK citizens, who are able to prove their Hungarian stay before the 1st of January 2021 in any reliable means are entitled to apply for a National Permanent Residence Permit, even if they do not hold a valid EEA Registration Certificate, Residence Card, or Permanent Residence Card.
The application for the new status must be submitted to the responsible directorate of the Immigration Office between 1 January 2021 - 31 December 2021. During this period, the EEA Registration Certificate, Residence Card, or Permanent Residence Card, which the UK citizens or their third-country national family members have, keep their validity.
UK nationals and their family members can apply for an EC Permanent Residence Permit (in Hungarian: EK Letelepedési Engedély) as well if they can prove their eligibility for this permit type (i.e., as the main criteria, they did not spend more than 300 days in total or six months per occasion out of Hungary in the last five years).
UK nationals, whose address or accommodation is out of Hungary, but they did have an employment relationship, or they did pursue private entrepreneur activities legally in Hungary before 1 January 2021, a residence permit may be issued for them for the purpose of employment or for the pursuit of gainful activity, without the requirement of proving the financial background, existing Hungarian accommodation or eligibility for the healthcare services in Hungary. For these people, the residence permit for the purpose of employment or for the pursuit of gainful activity can be applied until 31 March 2021 with these advantageous conditions.
After 31 December 2020, UK citizens and their third-country nation family members who are new arrivals will be subject to the general rules applicable to third-country nationals based on the purpose of their Hungarian stay. I.e., Act II of 2007 on the Admission and Residence of Third-country Nationals will be the applicable law for them.
Concerning the short term stay (not more than 90 days in any 180-day period), UK citizens will be exempt from the visa requirement if EU citizens are also exempted from the visa requirement in the United Kingdom.
Sources:
Act I of 2007 on the Admission and Residence of Persons with the Right of Free Movement and Residence
Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals
Learn the advantages of holding a National or an EC Permanent residence Permit, as well as the differences between them:
Dec 20 2020
