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Withdrawal Agreement residence — qualifying family member

HungaryFree movement

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Hungary Read the five questions ↓

Which citizenship, status or regional agreement creates the person's right to move/reside?

The right derives from the Withdrawal Agreement: UK citizens and their family members retain the residence rights acquired through the UK's previous EU membership even after the transition period.

See recorded sources
Limits of the record
  • UK nationals newly arriving after withdrawal are third-country nationals — 0c4cdca4ed3315e9.txt[9557:9665]: «Following the withdrawal, UK nationals newly arriving in Hungary are now considered third-country nationals.»
  • chars 10661-10850
    Under the Withdrawal Agreement, citizens of the UK and their family members can retain their residence rights acquired through their previous EU membership even after the transition period.

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

The person resides as the third-country national family member of a UK national with permanent residence status in Hungary, where the family relationship was established before 1 January 2021 and still exists at the time of application (subject to security, expulsion, ban or SIS-alert and false-information exclusions); no worker, student or self-funded categories apply.

See recorded sources
Limits of the record
  • Which relatives qualify as 'family member' is not defined on the page.
  • chars 11628-12313
    A third-country national family member of a UK national with permanent residence status in Hungary  may be granted a national residence card if the existing family relationship  with the UK national was established before 1 January 2021  and still exists at the time of application  for a national residence card, unless a) his/her settlement in the territory of Hungary constitutes a threat to public security or national security ; b) (s)he is a subject to  expulsion or a ban on entry and stay , or a SIS alert ordering ban on entry and stay; c) (s)he provided false information, untrue fact(s)  or misled the competent authority  in the interest of obtaining the permit.

What entry, registration or residence-document formalities remain?

The national residence permit application must be accompanied by the application form, a valid travel document and a document certifying the existence of the family relationship.

See recorded sources
Limits of the record
  • applications only via Enter Hungary — 0c4cdca4ed3315e9.txt[12774:12926]: «Applications shall only be submitted electronically via the Enter Hungary platform, operated by the Nati...»
  • appear at the regional directorate within 15 days for biometrics — 0c4cdca4ed3315e9.txt[13463:13739]: «Please note that it is necessary to appear before the competent regional directorate within 15 days of the ...»
  • procedure exempt from charges — 0c4cdca4ed3315e9.txt[13742:13780]: «The proceeding is exempt from charges.»
  • no examination of living conditions, healthcare eligibility or health status — 0c4cdca4ed3315e9.txt[13095:13351]: «Under the preferential regulations for beneficiaries of the Withdrawal Agreement, there is no need to exami...»
  • examined within 70 days — 0c4cdca4ed3315e9.txt[13783:13889]: «The application for national residence card shall be examined by the competent authority  within 70 days .»
  • Form generated by Enter Hungary must be printed, signed and uploaded: form — 0c4cdca4ed3315e9.txt[15563:15868]: «. Please also note that if you submit your application online, the application form will be generated by th...»
  • chars 15374-15564
    The application for a national residence permit must be accompanied by the application form , a valid travel document  and a document certifying the existence of the family relationship .

Which non-member-country family members can accompany or join, and what broad rights do they receive?

This applies to a third-country national family member of a UK national with permanent residence status in Hungary where the family relationship was established before 1 January 2021 and still exists at the time of application. The family member receives a national residence card: long-term resident status with the right to reside in Hungary indefinitely, a 10-year document extendable by 10 years, permanent residence and entitlement to an identity card.

See recorded sources
Limits of the record
  • third-country family member of a UK national with permanent residence status; relationship established before 1 January 2021 and still existing — 0c4cdca4ed3315e9.txt[11628:12313]: «A  third-country national family member of a UK national with permanent residence status in Hungary  may be...»
  • child born in Hungary to a UK national with long-term status and a third-country family member receives a national residence card — 0c4cdca4ed3315e9.txt[15924:16154]: «If a child is born in the territory of Hungary to a UK national with a long-term residence status and a thi...»
  • chars 12316-12747
    A national residence card provides long-term resident status and the holder of the permit document shall have the right to reside in the territory of Hungary indefinitely. The validity period of a national residence card document is 10 years which the immigration authority may extend with an additional 10 years upon request. The person with a long-term resident status has permanent residence and is entitled to an identity card.
  • chars 11628-12313
    A third-country national family member of a UK national with permanent residence status in Hungary  may be granted a national residence card if the existing family relationship  with the UK national was established before 1 January 2021  and still exists at the time of application  for a national residence card, unless a) his/her settlement in the territory of Hungary constitutes a threat to public security or national security ; b) (s)he is a subject to  expulsion or a ban on entry and stay , or a SIS alert ordering ban on entry and stay; c) (s)he provided false information, untrue fact(s)  or misled the competent authority  in the interest of obtaining the permit.

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

The national residence card is withdrawn if the holder leaves Hungary for more than five consecutive years, threatens public or national security, is subject to expulsion or an entry ban, or requests withdrawal. The family member's card also falls with the UK national's card unless the family member meets the general rules.

See recorded sources
Limits of the record
  • family member's card withdrawn when the UK national's card is withdrawn, unless the family member meets the general rules — 0c4cdca4ed3315e9.txt[16732:17188]: «The national residence card/national permanent residence permit of a third-country national family member o...»
  • national residence card = long-term resident status, indefinite residence, 10-year document extendable by 10 years, identity card — 0c4cdca4ed3315e9.txt[12316:12747]: «A national residence card provides long-term resident status and the holder of the permit document shall ha...»
  • chars 16242-16729
    The national residence card/national permanent residence permit shall be withdrawn by the immigration authority if a UK national or a third-country national family member of a UK national  a) left the territory of Hungary for more than five consecutive years;  b) constitutes a threat to the public security or national security of Hungary;  c) is subject to expulsion or a ban on entry and stay was ordered against him/her, or  d) requests the withdrawal of the national residence card.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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