27 Dec 118 views

Hungary: Suspension of Immigration Processing and Forthcoming New Immigration Laws

Hungary’s new immigration bill has been approved by the parliament and signed by the president. It is now set to take effect on 1 January 2024, nine months earlier than initially expected. The new bill introduces significant changes to the existing regulations for third-country nationals, including separate categories of work permits for skilled workers and guest workers and a new license for investors that will be valid for ten years. The immigration authorities will not accept new permit applications between 1 January 2024 and 29 February 2024, except those involving residence permits of national interest based on ministerial approval. Processing applications submitted before 1 January 2024 will also be suspended during this period. Permits to expire during this period will automatically be extended to 30 April 2024.

At a Glance

The Hungarian government has announced that they will not process most pending or new immigration applications between January 1, 2024, and February 29, 2024, to adjust to recently published new immigration laws, which will go into effect on January 1, 2024.
The new laws will significantly change the immigration landscape in Hungary with fundamental changes, including a separate work permit category for Serbian and Ukrainian nationals and significant restrictions on “unskilled” workers.
While the new immigration laws were published on December 22, 2023, implementing regulations that will set out the application of the rules have not yet been released.

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Looking ahead

The new immigration laws will go into effect on January 1, 2024. AtoZ Serwis Plus will provide updates on the details of the law once the implementing regulations are published.

Background

Legislative process. The immigration law was approved by the Hungarian National Assembly on December 12, 2023.
Rationale. The government is implementing these new immigration laws to better regulate the increasingly high levels of migration to the country.

Impact

Immigration application processing. Foreign nationals should expect delays for applications submitted on or after January 1, 2024, while immigration applications submitted on or before December 31, 2023 will be processed under the current laws.
Fewer “unskilled” workers able to work in Hungary. Foreign nationals, in “unskilled” professions, will be subject to a shorter duration of stay in Hungary and will not have any avenues to permanent residence or citizenship. Further, it is likely that the requirement banning dependents will decrease the attractiveness for foreign nationals to obtain a work permit to Hungary.

A closer look

Automatic extension of residence and settlement permits. Residence and settlement permits expiring during the closure period of January 1 through February 29, 2024, will automatically be extended until April 30, 2024.
Potential travel issues. Foreign nationals whose residence and settlement permits will expire during the closure period should be wary of traveling outside the country; it is unclear whether they will be allowed back into Hungary or allowed to enter another EU Member State.
Processing during this period. During the closure period, the only immigration processes that will be performed are: biometric data for applications submitted electronically by December 31, 2023; applications for the replacement or substitution of a document; extensions of expiring certificates entitling holders to temporary residence; extensions of the validity of immigration permit documents; applications of EEA nationals for a registration certificate or permanent residence card; and applications of family members of European Economic Area (EEA) nationals for the issuance or extension of residence cards or long-term residence cards.
New work permit category forthcoming. The new immigration law is expected to introduce a new work permit category, the National Card, for Serbian and Ukrainian nationals. Currently, Serbian and Ukrainian nationals with in-demand skills can benefit from faster application processing times, which is likely to continue under this new category.
Restrictions on “unskilled” workers forthcoming. The new law is expected to restrict “unskilled” workers to an initial work permit with a duration of two years, plus an additional one-year extension, after which time the individual must leave the country. Further, these workers will not be able to bring dependents to Hungary, which was previously allowed. Currently, “unskilled” workers, who are hired locally and do not require a higher education, can use the single permit process can renew their work permits indefinitely.

The situation

The Hungarian government has announced that they will not process most pending or new immigration applications between January 1, 2024 and February 29, 2024 to adjust to recently published new immigration laws, which will go into effect on January 1, 2024.

Category: News

Tags: #EU Immigration News #Hungary