Residence permit for the purpose of family reunification

INFORMATION

 

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Residence permit for the purpose of family reunification

 

1.) Which third-country national is eligible to be granted a residence permit for the purpose of family reunification?

 

A residence permit for the purpose of family reunification may be granted to a third-country national who is:

• ·a family member of a person in possession of a residence permit,
• ·a family member of a person in possession of an immigration permit, settlement permit, interim permanent residence permit, national permanent residence permit, EC permanent residence permit,
• ·a family member of a person in possession of an interim residence card, a national residence card or an EU residence card,
• ·a family member of a person in possession of a residence card, a permanent residence card for EEA nationals, a permanent residence card for third-country national family members,
• ·a family member of a Hungarian citizen,
• ·a family member of a person with refugee status, if their marriage was contracted prior the entry into the territory of Hungary,
• ·the parent of an unaccompanied minor with refugee status, or the minor’s legally appointed guardian,
• ·dependent parent of a sponsor or his/her spouse,
• ·dependent parent of a person with refugee status,
• ·the sibling and ascendant family member of a sponsor or his/her spouse if he/she is unable to support him/herself due to health reasons,
• ·the sibling and ascendant family member of a person with refugee status if he/she is unable to support him/herself due to health reasons.

 

A residence permit for the purpose of family reunification shall be issued to the third-country national child born in Hungary of a third-country national residing in Hungary with a residence permit, , even in case an additional third-country national’s legal title of residence shall not be based on the residence permit under Act XC of 2023 on General Rules for the Admission and Right of Residence of Third-country Nationals. 

 

Definition of third-country nationals:

• ·Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals or family members of an EEA national, and
• ·stateless persons

qualify as third-country nationals.

 

Definition of family member:

• ·the spouse of the third-country national or of a Hungarian national (including registered partner under Act XXIX of 2009),
• ·the minor child (including adopted and foster children) of a third-country national and his/her spouse,
• ·the dependent minor child (including adopted and foster children) of a third-country national where this third-country national has parental custody,
• ·the dependent minor child (including adopted and foster children) of the spouse of a third-country national where the spouse has parental custody,
• ·a person having and exercising parental custody of a minor Hungarian child and living in the same household with the minor

qualify as family member.

 

A residence permit for the purpose of family reunification may not be granted to a third-country national if the sponsor:

• ·does not hold a residence permit for the purpose of guest self-employment for at least a year,
• ·holds a residence permit for the purpose of seasonal employment,
• ·holds a residence permit for the purpose of employment for the purpose of investment,
• ·holds a residence permit for the purpose of employment,
• ·holds a residence permit for guest workers,
• ·is a holder of a White Card,
• ·holds a residence permit for the purpose of studies (including the purpose of seeking job or starting a business), training,
• ·holds a residence permit for the purpose of traineeship,
• ·holds a residence permit for the purpose of voluntary service.

 

The spouse of the sponsor cannot be granted a residence permit if the other spouse of the sponsor is in possession of a residence visa or a residence permit issued for the purpose of family reunification.

 

2.) Where can clients submit their applications?

 

I. Application for the issuance of a residence permit

 

a) Application submission outside of Hungary

 

If you do not hold a residence permit and are not allowed to enter Hungary without a visa, your application for the issuance of a residence permit is to be submitted outside of Hungary. 

 

You may submit an application before a diplomatic or consular foreign mission of Hungary in the country of your nationality or your habitual place of residence. Please be advised to contact the competent foreign mission of Hungary to inquire for further information, if there are any other places authorised to receive applications for a residence permit. Such application receiving places are constituted by e.g. honorary consuls, trade representations, and external service providers.  

 

If there are not any consulates or other types of places receiving application, in exceptional cases, you may submit an application in the country where you are staying legally in case you can provide proof of the reasons of your exceptional application submission.

 

Submitting an application for a visa separately is not required, as an application for the issuance of a residence permit comprises an application for a visa entitling its holder to collect a residence permit.

 

b)Application submission within the territory of Hungary

 

When may an application for the issuance of a residence permit be submitted within the territory of Hungary?

 

If you are allowed to enter the territory of Hungary visa free due to your nationality, and you are not a holder of a residence permit, during your legal stay you may submit an application for the issuance of a residence permit within the territory of Hungary as well.

 

How can applications for a residence permit be submitted in Hungary?

 

Application submission in Hungary is available:

• ·by electronic means via the electronic information system and procedure initiation platform of Enter Hungary, which is available by clicking here, or
• ·in person, before the competent regional directorate of National Directorate-General for Aliens Policing (hereinafter: NDGAP) as per you place of accommodation. Contact details of the regional directorates and further information are available by clicking here.

 

Please note that application submission is available only via the Enter Hungary platform if your authorised representative is a legal representative or a legal person.

 

II. Application submission for the extension of a residence permit

Applications for the extension of a residence permit may only be lodged by the procedure initiation platform of Enter Hungary, which is available by clicking here.

 

Please be informed that the extension of the residence permit is only possible if

• ·you are a holder of a valid residence permit at the time of application submission,
• ·you resided within the territory of Hungary with your residence permit at least 90 days in any 180-day period.

 

The residence in the territory of Hungary for at least 90 days is not required in case of the extension of a residence permit issued for the purpose of family reunification for the family member of a person holding residence permit for guest investors.

 

Please note that an application for the extension of a residence permit is to be submitted at least 30 days prior to the date of expiry of the issued residence permit.

 

III. Application submission via an employer

 

In case your family member’s application for a residence permit for the purpose of intra-corporate transfer, research, National Card, EU Blue Card or Corporate Card of your family member - with whom you are applying for family reunification in Hungary - is lodged by his/her employer, your application for family reunification may also be lodged by your family member’ employer if you give consent to such a process in a written declaration of consent and

• ·you have not entered the territory of Hungary, or
• ·you have entered the territory of Hungary visa free, are staying legally and not a holder of a residence permit, or
• ·you are a holder of a valid residence permit, and wish to apply for its extension.

 

Applications by an employer may be submitted only via the platform of Enter Hungary.

The platform of Enter Hungary is available by clicking here.

 

In cases when the application for a residence permit concerned is lodged via an employer, the client concerned must appear in person before the authority to facilitate taking the applicant’s facial photograph, recording his/her fingerprint and performing other procedural conducts upon the request of the authority.

 

3) Additional information on application submission

 

For submission of an application in person, applicants are required to complete the application form correctly in full and to submit the completed document with their signature. The form is available by clicking here and the appendix here.

In Word format: click here or here.

For submission of an application via the platform of Enter Hungary, the full and correct completion of the electronic application form is required, which is available on the platform. The platform of Enter Hungary is available by clicking here.

 

If the application is submitted in person, the applicant shall be exempt from the obligation to appear in person only if (s)he is unable to do so due to his/her state of health.

Instead of a minor applicant with limited capacity or incapacity, the application shall be submitted by the applicant's legal representative, but if the applicant is over the age of six, (s)he must appear in person when submitting the application.

 

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph of the applicant and fingerprint in the case of the applicant is over the age of six will be taken.

 

An application submitted via the platform of Enter Hungary is deemed to have been received by the immigration authority, if the administrative service fee has been paid, and the facial photograph and fingerprint of the applicant is taken and signature specimen of the applicant is recorded within 15 days from the date of receipt. The immigration authority will send out a notification when your application is deemed to have been received.

 

4.) Administrative service fee for the procedure

 

Information on administrative service fees for procedures is available here.

 

5.) What are the mandatory attachments/enclosures of an application?

 

For the approval of your application for a residence permit, you are required to meet conditions for entry and residence in Hungary, during the procedures mandatory attachments/enclosures may serve as proof of meeting the set conditions.

Please make sure completion of the attachments/enclosures in full and check all documents before submission, supporting the soonest possible processing and examination of your application.

Documents in proof of the purpose of residence

 

The following documents may serve as proof of the purpose of residence:

• ·birth certificate,
• ·marriage certificate,
• ·adoption document or
• ·any other credible evidence.

 

Family relationship for the purpose of reunification with a person with refugee status or a person who has been granted subsidiary protection may be verified by any reliable means, specifically by DNA analysis.

Please note that marriage certificate submitted by third-country national family member of a Hungarian citizen can be accepted only after domestic registration.

 

In case the applicant also wishes to establish an employment relationship in addition to family reunification, the preliminary agreement or the document on legal relationship of employment must also be enclosed.

A birth certificate also means an equivalent document issued by a foreign authority.

 

Documents in proof of means of subsistence in Hungary

 

One of the following documents must be submitted as proof that the applicant has sufficient resources, i.e. (s)he can cover costs related to his/her subsistence, accommodation, return/onward travel (i.e. exit from Hungary) and healthcare services from legally acquired income and savings:

• ·a certificate from a credit institution under the applicant’s name (e.g. a bank account statement, an account statement on savings or stocks and bonds, bank balance statement),
• ·a document on regular income issued by the employer or the tax authority,
• ·a notarised declaration by a family member of the applicant's undertaking to provide maintenance and care for the applicant, and a document proving his/her capacity for the care and maintenance,
• ·any other credible evidence.

 

Documents proving that the applicant has a place of accommodation in Hungary

 

One of the following documents must be submitted as proof that the applicant is the owner of a residential property suitable for habitation, or (s)he has legal title to use such a real estate:

• ·a residential lease contract,
• ·a document on accommodation by courtesy,
• ·a document in proof of ownership of the residential property,
• ·a document in proof of the reservation of accommodation and payment for it.

 

Documents proving that the applicant has health insurance

 

Documentary evidence must be submitted as proof that the applicant has access to comprehensive health insurance services covering all healthcare services or that (s)he can cover the costs of such services.

An applicant meets this condition in the following cases:

• ·(s)he qualifies as a person with health insurance services under social security,
• ·(s)he has access to the Hungarian health insurance services within the framework of an international convention/treaty or agreement,
• ·(s)he can cover the costs of his/her healthcare services based on documents in proof of his/her means of subsistence available in Hungary.

 

Documents proving that the applicant meets the conditions of exit (i.e. conditions to a return/onward travel)

        

Meeting the conditions of exit may be proved by:

• ·a valid passport,
• ·having a valid ticket/valid tickets for the relevant travel or the amount of money to cover the costs of the travel.

 

Other required documents

 

• ·If the applicant is a minor, he/she must be prove that his/her parent or legal representative has consented to his/her stay in Hungary. The parental consent must be included in a private document or a public document with full evidential force, as well as provided with a Hungarian or English translation.
• ·Attaching/enclosing 1 facial photograph.

 

In case of an extension, attaching/enclosing documents on unchanged conditions again is not required.

 

6.) Other information in relation to the procedure

 

Applications for the issuance/extension of a residence permit for family reunification are examined under a single application procedure if you wish to establish a legal relationship for employment in addition to family reunification.

For detailed information on the single application procedure, please click here.

 

7.) Time period of procedural administration

 

Time period for procedural administration: 21 days.

 

In addition to mandatory attachments/enclosures, NDGAP may request the submission of further documents for clarification of facts of the case or implement other procedural conducts.

 

The period for remedying deficiencies (e.g., submission of missing documents) and for the implementation of various other procedural conducts is not comprised in the time period of the procedural administration. 

 

If the application is examined under a single application procedure because you wish to establish a legal relationship for employment in addition to family reunification, the authority acting on the application case adopts a decision as to merits within 70 days from the date of the submission of the application.

 

8. )Receiving the residence permit document

 

If you submitted your application for a residence permit before a foreign diplomatic or consular mission of Hungary and the regional directorate approves your application for a residence permit, it shall constitute approval for the issuance of an entry visa entitling its holder to receive a residence permit, of which the competent Hungarian consulate shall be notified by the regional directorate.

The entry visa entitling its holder to receive a residence permit shall be issued by the competent consulate officer.

Please note that type D visas entitling their holder to receive their residence permits issued to third-country nationals are single-entry visas authorising a stay of not more than 30 days and are valid for 3 months.

Please note that if you do not enter the territory of Hungary within 3 months from the date of approval of the issuance of your residence permit and do not start your approved residence, the approved residence permit becomes invalid and the approval of your accrued right of entry and residence ceases.

 

A residence permit document shall be delivered by way of post to the address indicated as place of delivery in the application form.

If the application was submitted by an employer, the document shall be delivered to the employer, to the employer’s official contact address, in the absences thereof, to the employer’s place of establishment (i.e. registered address).

 

Please note that receiving your document before NDGAP’s regional directorate in person is only allowed if you prove that you are not in a position to receive the document at the address indicated as place of delivery in your application.

 

9.) How long is the validity period of the permit?

 

The validity period of the permit shall be determined depending on the sponsor’s residence title as follows:

• ·the general validity period of the document is a maximum of 3 years, which on occasion may be extended by a maximum of 3 years if appropriate conditions are met,
• ·if the sponsor is a holder of an EU Blue Card or a Corporate Card, the validity period of the document is a maximum of 4 years, which on occasion may be extended by a maximum of 4 years,
• ·if the sponsor is a Hungarian citizen and a holder of an EC permanent residence permit or an EU residence card, the validity period of the document is a maximum of 5 years, which on occasion may be extended by a maximum of 5 years,
• ·if the sponsor is a holder of a residence permit for guest investors, the validity period of the document is a maximum of 10 years, which on occasion may be extended by a maximum of 10 years.

 

The validity period of the residence permit may not exceed the validity period of the applicant’s travel document or the validity period of the sponsor’s residence permit.

 

10.) Further information

 

• ·Employment

 

The applicant is entitled to work in case the issuance or the extension of the residence permit has been made in a single application procedure. For more information on a single application procedure click here.

In this case the applicant shall complete and enclose one of the following three appendixes: Application for employment, a Hungarian Card, or a National Card  beyond Appendix for an application for a residence permit for the purpose of family reunification.

The appendix shall be attached whichever type of permit applies to the applicant’s employment and citizenship (the conditions for each purpose can be found by clicking on the name of the given type of permit).

 

The immigration authority must be notified of your intention to enter into employment relationship immediately after the conclusion of the preliminary agreement, but within 5 days at the latest.

 

• ·Notification of divorce or death of a spouse

 

The divorce or the death of your spouse must be reported to the regional directorate responsible for your place of accommodation within 30 days of receipt of the final judgement on divorce or the death certificate by attaching the documents at the same time.

 

• ·The right of further residence in Hungary

 

The family member - who has not acquired the right of residence on another legal basis - is entitled to continue to reside if

-   5 years have passed since the first issuance of the residence permit,

or

-   in the event of the death of the sponsor or of the person recognised as a refugee, if the conditions of residence are met.

 

• ·Appeal

 

In case of refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of first instance, or at the Hungarian diplomatic or consular foreign mission where the application was submitted.

 

Please note that the authority shall dismiss the appeal without any examination as to merits in the following cases:

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

-  the applicant introduces and refers to new facts of the case, of which (s)he was aware before the decision was adopted,

-  the appeal is submitted without indicating its grounds or cause.

 

For information on reporting obligations, please click here.