Hungary: Halting Immigration Processing and Upcoming Immigration Law
Changes
Hungary's recently approved immigration bill, signed into law by the president and slated to come into effect on January 1, 2024, introduces notable changes for third-country nationals.
These include distinct work permit categories for skilled and guest workers, a ten-year investor license, and a temporary halt on new permit applications from January 1 to February 29, 2024. Exceptions apply to residence permits of national interest with ministerial approval. Applications submitted before January 1, 2024, will face a temporary suspension, and permits expiring during this period will be automatically extended until April 30, 2024.
In Summary:
Hungary's government has declared a temporary halt on processing most immigration applications from January 1 to February 29, 2024, in response to upcoming immigration law changes effective January 1, 2024. The revisions involve notable shifts, such as introducing a distinct work permit category for Serbian and Ukrainian citizens and imposing substantial constraints on "unskilled" labor. Despite the publication of the new laws on December 22, 2023, the detailed regulations outlining rule application are still pending release.
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Current scenario:
Hungary has declared a temporary suspension of processing both existing and new immigration applications from January 1, 2024, to February 29, 2024, in response to forthcoming immigration law changes effective January 1, 2024.
Detailed Outlook :
1. Residence and settlement permits set to expire from January 1 to February 29, 2024, will receive an automatic extension until April 30, 2024.
2. Travel caution: Foreign nationals with permits expiring during the closure period should be mindful of potential travel issues, uncertain re-entry into Hungary, or entry into other EU Member States.
3. Limited processing: Only specific immigration processes will occur during the closure period, including biometric data for electronically submitted applications by December 31, 2023, document replacements, temporary residence certificate extensions, immigration permit document validity extensions, EEA national registration, and family member residence card applications for EEA nationals.
4. Anticipated Introduction of National Card Work Permit: The upcoming immigration law is set to unveil a new work permit category known as the National Card, specifically catering to Serbian and Ukrainian nationals. Those possessing in-demand skills from these countries currently enjoy expedited application processing, a trend expected to continue within this novel permit category.
5. Restrictions for "Unskilled" Workers on the Horizon: The impending legislation is poised to impose limitations on "unskilled" workers, granting them an initial two-year work permit with a possible one-year extension. Following this period, individuals falling under this category will be required to depart from the country. Moreover, unlike the existing scenario where dependents are allowed, "unskilled" workers will no longer have the option to bring their dependents to Hungary. Presently, these locally hired workers without higher education requirements can utilize the single permit process, allowing for indefinite renewal of their work permits.
Impact :
1. Immigration Application Processing:
• Applications submitted from January 1, 2024, onward will experience delays.
• Applications submitted on or before December 31, 2023, will be processed under existing laws.
2. Impact on "Unskilled" Workers in Hungary:
• "Unskilled" foreign nationals may face restrictions:
• Shorter duration of stay.• No pathways to permanent residence or citizenship.
• The ban on dependents could reduce the appeal of obtaining a work permit in Hungary.
Context:
1. Legislative Process: The Hungarian National Assembly approved the immigration law on December 12, 2023.
2. Rationale: The government is introducing these new immigration laws to enhance control over the growing influx of migrants into the country.
Looking Ahead :
EU helpers will offer updates on the specifics of the upcoming immigration laws once the implementing regulations are released, with the new regulations set to take effect on January 1, 2024.