Immigration status of third-country nationals in Hungarian families to change

Tax & Legal Alert | Issue 604 | 22 November 2018

Immigration status of third-country nationals in Hungarian families to change

The government submitted a bill to Parliament proposing amendment of certain acts affecting migration on the 6th of November. The proposed law would affect the status of certain third-country nationals in Hungarian families (specifically: spouses, dependent minors of spouses). According to the current regulations, third-country family members of Hungarian families have the same right of free movement and residence as third-country citizens do when residing in Hungary as members of families consisting of EEA citizens. Their status is regulated by Act I of 2007 on the Admission and Residence of Persons with the Right of Free Movement and Residence (abbreviated as Szmtv. in Hungarian). If the proposed amendments are adopted, the status of third-country family members in Hungarian families will be regulated by the Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals (abbreviated as Harmtv. in Hungarian) as of 1 January 2019.

The right of residence of the third-country family member for more than ninety days within any one hundred eighty day-period can be proved by a residence card or a permanent residence card based on the existing regulations. According to the proposed legislation, for procedures initiated or reopened after the amendment becomes effective, third-country members of Hungarian families must apply for residence permits for the applicable purpose of their stay.

If the proposed amendment comes into force, it will have a consequence on the work status of the third-country nationals in question. Those who have the right of free movement and residence can be employed without work authorizations, and their Hungarian work activity can start any time after their arrival in Hungary. On the other hand, those, whose status is regulated by the act concerning third country nationals (Harmtv.) - as a general rule - can only start working in Hungary after obtaining the appropriate work authorization. An example of an exception to the general rule is the situation of third-country citizens with permanent residence permits, as they can work without work authorizations, similar to the persons who have the right of free movement and residence.

The proposed legislation would create a favourable situation for the affected family members, declaring that those who already obtained residence cards or permanent residence cards before the effective date of the amendment can apply for national permanent residence permits (which automatically bestow the right to work) within a simplified framework upon the fulfilment of certain criteria. It is worth considering the possibilities of the document exchange as soon as possible in which our experts are ready to provide assistance.

Should you have any questions in relation to the above, please contact your regular contact person or Dénes Megyesi (e-mail: denes.megyesi@hu.pwc.com) and Kata Magyar (e-mail: kata.magyar@hu.pwc.com).