Brexit – What are the current provisions in Hungarian residence and employment law?

Immigration and residence

Based on the Withdrawal Agreement, people from the UK and their family who arrived to Hungary before the end of the transition period (31.12.2020) may retain their acquired rights resulting from the EU citizenship even after the end of the transition period, such as for example their national permanent residency. An application for the new status needs to be made to the Hungarian Immigration Office by 31.12.2021. Until this day documents (registration certificate, residence card, permanent residence card) issued earlier remain valid.

The mobility of persons is also part of the ongoing negotiations on future relations between the UK and the EU. Unless otherwise agreed, UK nationals and their family members who arrive in Hungary after the end of the transition period will be subject to the general rules applicable to third-country nationals.

In relation to third country nationals the general conditions for staying longer than 90 days in Hungary are set out in Act No. 2 of 2007 on the Admission and Residence of Third-country Nationals, depending on the purpose of the stay. Detailed information on the procedures is available on the website of the Hungarian Immigration Office. 

Business trips

For short-term stays of up to 90 days in any 180-day period, the European Union has adopted a specific regulation pursuant to which UK nationals will be exempt from the visa requirement, if EU citizens are also exempted from the visa requirement in the United Kingdom.

Employment

Persons who were lawful residents in Hungary prior to 01.01.2021, have the right to work, as long as their residency status remains valid. These persons will not need to apply for a work permit. In any other cases, UK citizens have to apply for a work permit, unless they can rely on any of the following exemptions:

  • being family member of an EU national or a non-EU national who has authorisation to work (subject to conditions);
  • working as a head of the branch and representative office of the third country company;
  • being holder of an EU Blue Card.


Autor: Beatrix Fakó