Country-wide policy
Every Guide to Hungarian Immigration Still Cites an Act That Was Repealed on 2 January 2024 - and for One Day It Existed With All 120 Sections Gone
Act II of 2007 on the entry and residence of third-country nationals governed Hungarian immigration for sixteen years and it is not law. Act XC of 2023 replaced it, and did so in two steps that are a day apart. Section 350 of the new Act repealed sections 1 to 120 of the old one - every substantive provision, listed point by point across eighteen lettered items. Section 351 then repealed the Act itself. Section 285(1) brought the new Act into force on 1 January 2024 and section 285(2) held section 351 back to 2 January 2024, so for the whole of 1 January 2024 Act II of 2007 existed as a title and a set of empty section numbers with no content in any of them. The National Legislation Database records the consequence on its own page for the Act, which is dated Hatalyos: 2024. 01. 01. - 2024. 01. 01. The new Act opens with a preamble that no other instrument in this corpus matches in tone, and it is worth reading because it states what the drafters were trying to do with the chapters that follow.
Topics it changes
- Residency through work
- Residency on passive income
- Residency through investment
- Residency as a student
- Residency through marriage
- Residency through ancestry
- Residency as a retiree
- Visiting as a tourist
What it requires
- Check the date of anything you are told about Hungarian immigration: if it names Act II of 2007, it is describing law that ended on 2 January 2024
- The replacement is Act XC of 2023, in force from 1 January 2024
- The implementing instrument is Government Decree No 35/2024. (II. 29.), not the old 114/2007 decree
At a glance
- When the old Act lost force
- 2 January 2024
Section 351 of Act XC of 2023, commenced by section 285(2) of the same Act.
- When its substance lost force
- 1 January 2024
Section 350 of Act XC of 2023, which repealed sections 1 to 120 in eighteen lettered items and commenced under the general rule in section 285(1).
- The gap between them
- 1 day, during which the Act existed with no operative provisions
The National Legislation Database's page for Act II of 2007 is dated Hatalyos: 2024. 01. 01. - 2024. 01. 01., which is that day.
- When the new Act was passed
- 12 December 2023, promulgated 21 December 2023
Footnote 1 to Act XC of 2023 in the National Legislation Database, and the gazette issue itself, Magyar Kozlony 2023. evi 185. szam of Thursday 21 December 2023.
- What the free movement Act lost
- One paragraph
Section 349 of Act XC of 2023 repealed section 95(18) of Act I of 2007 and nothing else. The free movement statute survived the reform.
What the law says
«351. § Hatályát veszti a harmadik országbeli állampolgárok beutazásáról és tartózkodásáról szóló 2007. évi II. törvény.»Our translation - not official
Section 351 Act II of 2007 on the entry and residence of third-country nationals loses force.
One sentence, and the instrument that governed the subject for sixteen years is gone.
Read it at the sourceAbout this source
The official journal of Hungary, and the only authentic text of Hungarian legislation. Section 25(1) of Act CXXX of 2010 provides that it is issued by publication as an electronic document on the government portal and that its text shall be regarded as authentic; section 25/A(1) has the responsible editor sign each issue with a qualified electronic signature and a time stamp, and section 25/A(4) forbids a published issue from being removed from the portal. Section 26(1) requires every statute except a local government decree to be promulgated in it. An issue is a single PDF containing everything promulgated that day: Magyar Kozlony 2023. evi 185. szam of 21 December 2023 runs to 1.7 million characters and carries the twelfth amendment of the Fundamental Law, Act XC of 2023 on the entry and residence of third-country nationals across pages 10447 to 10578, and twenty-odd other Acts. Issues are downloaded from magyarkozlony.hu through an opaque per-document path ending in /letoltes rather than by a readable number, so the address has to be found from the issue listing and cannot be constructed.
Standing: Issues the instrument
Cannot be cited for: **It is the text as enacted and never the text in force.** Section 25(2) of Act CXXX of 2010 forbids a consolidated text from being published here at all, so an issue is evidence of what a provision said on the day it was promulgated and of nothing after that. The guest investor programme is the case that shows why both publishers are needed: this journal carries the 500,000 EUR residential property option and the two-year visa that the Parliament passed, and both were replaced within a year. **Read it for repeals, commencement rules and original wording; read the National Legislation Database for what the law says today.** It is also an awkward document to quote from: a single issue is a very long PDF of many unrelated Acts, so a short quotation is likely to occur in more than one of them, and the page furniture of the running head interrupts sentences at every page break. It cannot be cited for anything not promulgated in it - local government decrees go elsewhere under section 26(1), and ministerial communications of the kind the 2023 immigration Act relies on for the annual permit number and the excluded occupations are not statutes at all.
We re-read it every 180 days. More about this source
«350. § Hatályát veszti a harmadik országbeli állampolgárok beutazásáról és tartózkodásáról szóló 2007. évi II. törvény a) 1–86. §-a, b) 86/A. §-a, c) 86/B–86/D. §-a, d) 86/E. §-a, e) 86/F–86/H. §-a, f) 86/I. §-a, g) 86/J. §-a, h) 86/K. §-a, i) 86/L. §-a, j) 86/M. §-a, k) 86/N–86/R. §-a, l) 87. §-a, m) 87/A–87/K. §-a, n) 87/L. §-a, o) 87/M. §-a, p) 87/N. § (1) bekezdése, q) 87/N. § (2)–(10) bekezdése, r) 87/O–120. §-a.»Our translation - not official
Section 350 The following lose force in Act II of 2007 on the entry and residence of third-country nationals: a) sections 1 to 86, b) section 86/A, c) sections 86/B to 86/D, d) section 86/E, e) sections 86/F to 86/H, f) section 86/I, g) section 86/J, h) section 86/K, i) section 86/L, j) section 86/M, k) sections 86/N to 86/R, l) section 87, m) sections 87/A to 87/K, n) section 87/L, o) section 87/M, p) section 87/N(1), q) section 87/N(2) to (10), r) sections 87/O to 120.
Eighteen items because the provisions were commenced on different days and had to be repealed in groups that matched. The effect is the whole Act.
Read it at the sourceAbout this source
The official journal of Hungary, and the only authentic text of Hungarian legislation. Section 25(1) of Act CXXX of 2010 provides that it is issued by publication as an electronic document on the government portal and that its text shall be regarded as authentic; section 25/A(1) has the responsible editor sign each issue with a qualified electronic signature and a time stamp, and section 25/A(4) forbids a published issue from being removed from the portal. Section 26(1) requires every statute except a local government decree to be promulgated in it. An issue is a single PDF containing everything promulgated that day: Magyar Kozlony 2023. evi 185. szam of 21 December 2023 runs to 1.7 million characters and carries the twelfth amendment of the Fundamental Law, Act XC of 2023 on the entry and residence of third-country nationals across pages 10447 to 10578, and twenty-odd other Acts. Issues are downloaded from magyarkozlony.hu through an opaque per-document path ending in /letoltes rather than by a readable number, so the address has to be found from the issue listing and cannot be constructed.
Standing: Issues the instrument
Cannot be cited for: **It is the text as enacted and never the text in force.** Section 25(2) of Act CXXX of 2010 forbids a consolidated text from being published here at all, so an issue is evidence of what a provision said on the day it was promulgated and of nothing after that. The guest investor programme is the case that shows why both publishers are needed: this journal carries the 500,000 EUR residential property option and the two-year visa that the Parliament passed, and both were replaced within a year. **Read it for repeals, commencement rules and original wording; read the National Legislation Database for what the law says today.** It is also an awkward document to quote from: a single issue is a very long PDF of many unrelated Acts, so a short quotation is likely to occur in more than one of them, and the page furniture of the running head interrupts sentences at every page break. It cannot be cited for anything not promulgated in it - local government decrees go elsewhere under section 26(1), and ministerial communications of the kind the 2023 immigration Act relies on for the annual permit number and the excluded occupations are not statutes at all.
We re-read it every 180 days. More about this source
«285. § (1) Ez a törvény – a (2)–(5) bekezdésben foglalt kivétellel – 2024. január 1-jén lép hatályba. (2) A 328. § b) pontja, a 351. §, a 218. alcím és a 398. § 2024. január 2-án lép hatályba.»Our translation - not official
Section 285 (1) This Act - with the exceptions set out in paragraphs (2) to (5) - enters into force on 1 January 2024. (2) Section 328(b), section 351, subtitle 218 and section 398 enter into force on 2 January 2024.
The day's gap, written on purpose. Section 350 falls under the general rule and section 351 is held back by one day.
Read it at the sourceAbout this source
The official journal of Hungary, and the only authentic text of Hungarian legislation. Section 25(1) of Act CXXX of 2010 provides that it is issued by publication as an electronic document on the government portal and that its text shall be regarded as authentic; section 25/A(1) has the responsible editor sign each issue with a qualified electronic signature and a time stamp, and section 25/A(4) forbids a published issue from being removed from the portal. Section 26(1) requires every statute except a local government decree to be promulgated in it. An issue is a single PDF containing everything promulgated that day: Magyar Kozlony 2023. evi 185. szam of 21 December 2023 runs to 1.7 million characters and carries the twelfth amendment of the Fundamental Law, Act XC of 2023 on the entry and residence of third-country nationals across pages 10447 to 10578, and twenty-odd other Acts. Issues are downloaded from magyarkozlony.hu through an opaque per-document path ending in /letoltes rather than by a readable number, so the address has to be found from the issue listing and cannot be constructed.
Standing: Issues the instrument
Cannot be cited for: **It is the text as enacted and never the text in force.** Section 25(2) of Act CXXX of 2010 forbids a consolidated text from being published here at all, so an issue is evidence of what a provision said on the day it was promulgated and of nothing after that. The guest investor programme is the case that shows why both publishers are needed: this journal carries the 500,000 EUR residential property option and the two-year visa that the Parliament passed, and both were replaced within a year. **Read it for repeals, commencement rules and original wording; read the National Legislation Database for what the law says today.** It is also an awkward document to quote from: a single issue is a very long PDF of many unrelated Acts, so a short quotation is likely to occur in more than one of them, and the page furniture of the running head interrupts sentences at every page break. It cannot be cited for anything not promulgated in it - local government decrees go elsewhere under section 26(1), and ministerial communications of the kind the 2023 immigration Act relies on for the annual permit number and the excluded occupations are not statutes at all.
We re-read it every 180 days. More about this source
«Az újra növekvő migráció miatt idegenrendészeti szigorításra van szükség! Magyarország a magyaroké és a magyar munkahelyek is első helyen a magyarokat illetik meg. Világosan kell szabályoznunk, ki és mennyi ideig tartózkodhat Magyarország területén. Sem a munkavégzés, sem más tartózkodás nem lehet korlátlan és nem hosszabbítható meg automatikusan.»Our translation - not official
Because of renewed growth in migration, a tightening of immigration policing is needed! Hungary belongs to Hungarians and Hungarian jobs too belong first of all to Hungarians. We must regulate clearly who may stay in the territory of Hungary and for how long. Neither work nor any other stay can be unlimited or automatically extendable.
Known to be out of date. The National Legislation Database dates this time-state 2026. 10. 01. - 2026. 12. 31., which on its own definition in section 1 of Government Decree No 338/2011. (XII. 29.) means the text changes on 1 January 2027. The instrument that changes it was not read.
The Act's own statement of purpose, which explains the three-year ceilings, the bars on switching ground inside the country and the permit that expires without a decision.
Read it at the sourceAbout this source
The Hungarian state's own electronic collection of legislation, operated for the Minister of Justice by Magyar Kozlony Lap- es Konyvkiado Kft. under a public service contract, and the only place a consolidated Hungarian statute is published at all. Section 29(1) of Act CXXX of 2010 defines it; Government Decree No 338/2011. (XII. 29.) sets the duties. Section 2(1) of the decree requires every statute in force to appear in consolidated form with all of its past time-states back to 1 January 2010 and its next three; section 2(3) requires the consolidation within three working days of promulgation. **Read the host carefully: section 8(1) of the decree still names www.njt.hu and the service that answers is njt.jog.gov.hu.** The address shape is njt.jog.gov.hu/jogszabaly/{YEAR}-{NUMBER}-00-00 for an Act, using the Act's Roman numeral converted to Arabic - Act XC of 2023 is 2023-90-00-00, Act LV of 1993 is 1993-55-00-00, Act CXVII of 1995 is 1995-117-00-00 - and njt.jog.gov.hu/jogszabaly/{YEAR}-{NUMBER}-20-22 for a government decree, so Government Decree No 35/2024. (II. 29.) is 2024-35-20-22. The decisive thing on every page is the line under the title: Hatalyos: 2026. 10. 01. - 2026. 12. 31. By the definition of a time-state in section 1 of the decree, the closing date is the day before the text changes, so a page with a closing date is telling the reader that the law will be different on the day after it, and Nem ismert means no change is yet scheduled. Footnotes at the foot of the text name, for every amended paragraph, the Act or decree that put the current words there, which is the only machine-readable amendment history in the corpus.
Standing: Maintains the text in force
Cannot be cited for: **Nothing published here is the authentic text and Hungarian law says so in terms.** Section 25(1) of Act CXXX of 2010 confers authenticity on the Magyar Kozlony and section 25(2) forbids a consolidated text from being published in the Magyar Kozlony at all, so the authentic text and the current text are in two different places by design and the consolidation is never the authentic one. Neither Act CXXX of 2010 nor Government Decree No 338/2011. (XII. 29.) uses the word hiteles of this database anywhere. The practical limitation that follows is narrower than it sounds and bites hard in one place: **an amending provision disappears from here once it has done its work.** Section 12(2) of Act CXXX of 2010 makes an amending provision lose force the day after it takes effect, and the consolidated text of the amending Act then prints only a footnote saying so, stripping the subtitle headings with it. Act XC of 2023 as served here therefore contains neither section 350 nor section 351, the two provisions that repealed the statute it replaced; Act LXXXIV of 2024 as served here contains neither section 135, which removed the 500,000 EUR property option from the guest investor programme, nor the subtitle that would say which commencement date applied to it. **For what was enacted, and for when, read the Magyar Kozlony issue.** It also cannot be cited for anything kept outside the statute book, and the 2023 immigration Act pushes a great deal out there: the government decree naming which nationalities may hold a guest worker permit or a National Card, the ministerial communication fixing the annual permit number under sections 28(4) and 30(4), the communication listing excluded occupations, the communication fixing the EU Blue Card salary under section 48(7) of Government Decree No 35/2024. (II. 29.), and the registers of preferential employers and qualified temporary-work agencies. Nor is it the place to read a figure a statute re-indexes: section 25(3) of Act CXXX of 2019 prints a health service contribution of 7,710 forints set in 2020 and in the same breath provides that the rate in force is published each year by the National Tax and Customs Administration on its own website.
We re-read it every 60 days. More about this source
Practical notes
The two readings are different documents and both are cited here. The repealing sections are quoted from Magyar Kozlony as promulgated, because an amending provision loses force the day after it takes effect under section 12(2) of Act CXXX of 2010 and the consolidated text of Act XC of 2023 no longer carries them. The preamble is quoted from the consolidated text, where it survives.
Act II of 2007 is still readable in the National Legislation Database at its own address and nothing on the page announces that it is dead except the date range at the top. A reader who has not met the Hungarian time-state convention will not notice it.