No-Deal Brexit Plans for UK Nationals Published

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At a Glance

The Hungarian government has published a draft bill for the treatment of UK nationals residing in Hungary after the United Kingdom’s exit day in case of a no-deal Brexit scenario. Central details of the plan include:

• A three-year grace period, commencing on the exit day, during which time UK nationals holding a valid registration certificate or permanent residence card in Hungary would be able to apply for a National Settlement Permit, the national permanent residence permit type.

• Non-EU family members of UK nationals, holding a corresponding residence permit or permanent residence card, would also be able to stay in Hungary and apply for a National Settlement Permit during the grace period.

• Eligible UK nationals and their family members would benefit from facilitated eligibility criteria for the National Settlement Permit. Alternatively, eligible applicants could apply for an EU Settlement Permit, the Hungarian EU long-term residence permit type, under similar eligibility criteria as non-EU nationals.

 

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The situation

The Hungarian government has published plans for the treatment of UK nationals and their family members currently residing in Hungary, to take effect after the United Kingdom’s exit day in case of a no-deal Brexit scenario.

A closer look

The published plans include the following details:

• Grace period. There would be a three-year grace period, commencing on the United Kingdom’s exit day, during which time UK nationals holding a valid registration certificate (Regisztrációs igazolás) or permanent residence card (Állandó tartózkodási kártya) in Hungary would be able to apply for a National Settlement Permit (the national permanent residence permit type) under facilitated eligibility criteria; or for an EU Settlement Permit (the Hungarian EU long-term residence permit type) under similar eligibility criteria as non-EU nationals.

  • Permits currently issued. Registration certificates and permanent residence cards currently being issued to UK nationals and their family members will be valid for no more than three years after the exit date.

• Continued work and stay. UK nationals currently residing in Hungary would be able to continue working and staying in Hungary during this period.

• Non-EU family members. Non-EU family members of UK nationals holding a corresponding residence permit would similarly be able to continue staying in Hungary during the grace period.

  • Children born after Brexit. Children born to parents holding a National Settlement Permit or EU Settlement Permit will be granted a National Settlement Permit after registering the birth. UK nationals currently expecting a child are therefore advised to apply for a National Settlement Permit or EU Settlement Permit promptly after Brexit.

• Absence over six months. National Settlement Permits, once obtained, will be withdrawn if the permit holder leaves Hungary for more than six consecutive months.

• New arrivals. New arrivals and individuals currently staying in Hungary without having completed the appropriate registration or permit applications will be required to obtain a national permit type (e.g. a Single Permit, the main work authorization type) under similar eligibility criteria as for non-EU nationals.

Impact

UK nationals who will continue to work and reside in Hungary past Brexit Day should ensure that they take the necessary steps to obtain any documents required to register or apply for immigration status. UK nationals should also contact their local immigration offices to see if they are able to register or apply for their proper immigration status prior to Brexit Day.

Background

The proposal is a part of the government’s contingency planning in case no Brexit deal is concluded between the European Union and the United Kingdom before the United Kingdom’s exit day.

Many other EU countries have published contingency plans for UK nationals in case of a no-deal Brexit, with more expected soon.

Looking ahead

Further details of the government plans have yet to be announced; all plans must receive final approval from the Hungarian parliament. Fragomen will provide updates on the situation as they become available.

Please contact a Fragomen immigration professional for assistance in planning contingency arrangements in a single project.

For more information, please visit Fragomen's dedicated Brexit site, which contains news, FAQs, and analysis/commentary in the form of blogs, videos, webcasts and events.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].