The Hungarian Parliament had adopted the new immigration statute.
The Parliament adopted the bill on the general rules for the entry and residence of third-country nationals on the evening of December 12. The new law tightens the residence of third-country nationals in Hungary and put it on a completely new legal basis.
The new Immigration Law will enter into force on January 1, 2024, instead of September 1, 2024 according to the approved amendment to the bill. The procedure for applications for residence and permanent residence permits submitted before the entry into force of the law will be suspended between January 1, 2024 and February 29, 2024. During this period:
Applications for residence permits and permanent residence permits cannot be submitted;
Ongoing procedures are not progressing; and
The validity of residence permits and permanent residence permits expiring between January 1, 2024 and February 29, 2024 will be extended until April 30, 2024.
The visas, residence permits, temporary residence certificates, residence permits, permanent residence permits which have been issued before the entry into force of the new statute will be valid later on, according to the provisions of the documents. The applications which have been submitted this year will be adjudicated by the authority according to the current rules.
The new law applies the following essential changes:
The new statute applies completely new types of residence permits. Third-country nationals with a residence permit issued before January, the 1st, 2024. for the purpose of employment may apply exclusively for residence permits for the purpose of employment stated by the new statute.
The new statute states different legal rights for guest workers and third-country workers with high competence.
Third-country nationals without a higher level of education (e.g. as a main rule: diploma) nor with expertise in an area of particular importance to Hungary (e.g. 3 years of work experience within 7 years in the IT sector) may only stay as a guest worker in Hungary.
The statute applies strict rules for guest workers.
Family reunification is excluded for guest workers.
Guest workers can only apply for guest worker residence permit.
Guest workers cannot apply for a National Residence Card which replaces the national permanent residence permit.
In summary, the new law introduces several new residence permits and applies strict regulations.
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Authors: László Csaba Vig and Kenéz Bogdány
Dec 15 2023