Please note that the procedural rules relating to the residence the family member of a Hungarian citizens have changed with effect from 1 January 2018.
ELIGIBILITY
A residence card may be issued to a family member who is a third-country national accompanying a Hungarian citizen or joining a Hungarian citizen.
The competent immigration authority may grant the right of residence to persons on the grounds of family reunification, who had been dependants or members of the household of a Hungarian citizen, or who require the personal care of a Hungarian citizen due to serious health reasons.
The competent immigration authority shall – upon the guardian authority’s request – ex officio grant the right of residence to a minor child who is a dependant or member of the household of a Hungarian citizen, if the child was born in Hungary, his/her nationality is unknown and there is no parent who has parental custody over the child in question.
Family member:
· the spouse of a Hungarian citizen;
· the direct descendants of a Hungarian citizen and those of the spouse of a Hungarian citizen who are under the age of 21 years or are dependants;
· the direct relatives in the ascending line of a Hungarian citizen and those of the spouse of a Hungarian citizen;
· the person who has parental custody of a minor child who is a Hungarian citizen;
· the partner with whom the Hungarian citizen has contracted a registered partnership before the relevant Hungarian authority or the authority of another Member State of the European Union;
· any person whose entry and residence has been authorised by the competent immigration authority on grounds of family reunification.
DEFINITIONS
INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS
Requirements: the completed form, facial photograph made not more than three months previously, and the prescribed enclosures, payment of the procedural fee.
Please note that when submitting the application the applicant is required to appear before the authority in person, except if unable to appear due to his/her health condition.
If the applicant is a minor of limited capacity or if incompetent, the application may be submitted by the applicant’s legal representative in his/her stead. If the minor client has reached the age of six at the time the application is submitted, he/she shall be required to appear in person when the application is submitted. The responsibility for ascertaining the minor’s physical presence before the immigration authority lies with the legal representative.
When the application is submitted, the applicant’s facial likeness and – over the age of six years – fingerprint will be taken for the residence permit issued with biometric data. The third-country national affected is obliged to abide by, and perforce tolerate, that procedure.
The application for residence card has to be submitted at the latest on the ninety-third day from the time of entry or from the date of occurrence of the fact underlying the right of residence, at the regional directorate responsible for the place where the applicant’s future residence is located.
The applicant is required to present his/her valid travel document when the application is submitted, including the documents evidencing the family relationships, or that he/she has the right of residence exceeding ninety days within a one hundred and eighty day period.
If the applicant is a family member of a Hungarian citizen, the administrative service fee charged for the issue of a residence card is HUF 10,000.
The costs of the procedure is payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate). In respect of yellow cheques, in the “comment” box the client’s name and date of birth, and the case type “Application for residence card” shall be indicated.
If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:
Invoice request on payment of procedural fee
The regional directorate shall rule the application for a residence card within 70 days.
The competent immigration authority shall deliver the residence permit document to the applicant by way of post.
In case of refusal the applicant may appeal the decision submitted to the authority of first instance within 15 days after the decision was delivered. If the appeal is lodged in delay or if made by a person other than the party entitled to do so, and if the applicant introduces any new evidence in the appeal, of which he/she was aware before the decision was adopted, or if the appeal is lodged without showing cause, the authority of first instance shall dismiss the appeal without any examination as to merits. The administrative service fee charged for the appeal certificate is HUF 5,500, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate). In the “comment” box the client’s name and date of birth, and the case type “Residence Card Appeal” shall be indicated.
If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:
Invoice request on payment of procedural fee
FORMS
The application shall be submitted with the following forms completed and printed.
Forms optimised for Microsoft Word to be completed electronically:
- Issue, Renewal of Residence Card, Notification of First Place of Residence Form
- Application for Replacement Residence Card
- Application for Substitute Residence Card
Forms available for downloading in PDF format, to be filled out manually:
- Issue, Renewal of Residence Card, Notification of First Place of Residence Form
- Application for Replacement Residence Card
- Application for Substitute Residence Card
ANNEXES
Documents in proof of family ties:
· birth certificate;
· marriage certificate;
· registrar certificate in proof of registered partnership status;
· adoption document;
· any other document credibly attesting the existence of family relationship.
A marriage certificate submitted by a family member who is a third-country national of a Hungarian citizen may be accepted after being recorded in the Hungarian registry.
Please note that an authentic instrument made out abroad, and any private document certified by a foreign court, administrative body, notary public or any other person vested with authority to issue authentic documents shall – unless any law pertaining to the case in question, an international agreement or the principle of reciprocity suggests otherwise – be considered affirmative proof according to Hungarian law if endorsed by the Hungarian diplomatic or consular mission in the country where it was issued. Any instrument made out in a language other than Hungarian shall be accepted only with the official Hungarian translation attached, unless otherwise prescribed by an act. The competent authority may accept the authentic instrument submitted by the applicant that was made out abroad without an official Hungarian translation and without diplomatic recertification.
DOCUMENTS IN PROOF OF SUFFICIENT FINANCIAL RESOURCES
The third-country national family members of a Hungarian citizen who is engaged in gainful employment shall have the right of residence exceeding ninety days within a one hundred and eighty day period.
The right of residence exceeding ninety days within a one hundred and eighty day period also apply to the family members of a Hungarian citizen if:
· they have sufficient resources for themselves or the Hungarian citizen has sufficient resources for such family members not to become an unreasonable burden on the social assistance system of Hungary during their period of residence; and
· they have comprehensive sickness insurance cover for healthcare services as prescribed in specific other legislation, or if they assure that they have sufficient resources for themselves and their family members for such services as required by statutory provisions.
The right of residence exceeding ninety days within a one hundred and eighty day period may be granted to a person who exercises parental custody of a minor child who is a Hungarian citizen also in the absence of the requirements set out by law.
The availability of sufficient resources can be evidenced in particular with:
· a document in proof of gainful employment (e.g. contract of employment, certificate of income issued by the employer, tax authority certificate, minutes of a members’ meeting to evidence income earned as a managing director);
· account balance statement made out to his/her own name or to the family member’s name, bank statement of transactions.
DOCUMENTS PROVING THE EXISTENCE OF HEALTH INSURANCE
The Hungarian citizen’s family member’s access to health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement) throughout his/her stay in Hungary must be verified by the relevant documents, or that he/she has the financial resources to cover the costs of such services.
REGISTRATION OF THE FIRST RESIDENCE IN HUNGARY
The first residence in Hungary shall be reported in the course of the proceedings for the issue of the residence card. The right of disposal with respect to the residential property must be verified to the immigration authority by means of documentary evidence.
Residence may be verified in particular with:
· a residential lease contract in proof of the rental of a residence;
· a document on accommodation by courtesy;
· a document in proof of ownership of the residential property, by means of a certified copy of title deed issued within 30 days to date;
· other reliable means.
During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case, and may take further procedural steps as well. The administrative time limit shall not include the length of time between the receipt of the notice for remedying deficiencies until the time of compliance.
After the application is submitted the applicant or his/her representative shall be able attach documents by way of post or electronically. Under special circumstances the applicant may submit requisite documents to the competent immigration authority in person as well, however, such circumstances must be justified.
VALIDITY PERIOD
The validity period for the residence card of third-country national family members of Hungarian citizens is five years.
The competent immigration authority shall deliver the residence permit document to the applicant by way of post.
ACCRUED RIGHTS AND OBLIGATIONS
In case the statutory conditions are satisfied and the regional directorate issues a residence card, the Budapest Főváros Kormányhivatal (Government Agency of the City of Budapest) takes measures for the issue of an official address card (address card). After receiving the address card, the applicant has to report any changes in his/her residence at the district office competent on the basis of the residence or the habitual residence to be reported.
The official address card has to be kept together with the residence card, and has to be surrendered to the duly empowered authority upon request.
A third-country national holding a valid residence card has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one hundred and eighty day period.
Family members, whose travel document, personal identification document, or document evidencing his/her right of residence is lost, stolen or destroyed shall report it to the immigration authority [regional directorate of the Immigration and Asylum Office, or any police station], as well as if any such document that was presumed lost and reported as such is found subsequently.
Unless otherwise provided by international agreement, a family member who is a third-country national whose travel document is lost, stolen or destroyed is required to obtain a replacement travel document. Such family member who is a third-country national shall be allowed to leave the country only in possession of the new travel document and certificate of the notification issued based on the report submitted to the authority as referred to above.
EEA nationals and their family members exercising the right of residence exceeding ninety days within a one hundred and eighty day period shall report to the regional directorate, with personal data included:
· the death of a family member in their household;
· change of name,
· if the death or change of name occurred outside the territory of Hungary.
Any change concerning the right of residence due to the death of the Hungarian citizen, the dissolution or annulment of the marriage with the Hungarian citizen has to be reported by the family member to the regional directorate competent on the basis of his/her residence with proof of compliance with the conditions of further stay. The family member shall report the termination of his/her family relationship underlying his/her right of residence.
Family members may notify the regional directorate responsible for the place where the applicant’s residence is located when they no longer wish to exercise their right of residence, or if they intend to leave the territory of Hungary permanently, including the country of next habitual residence, and may turn in the document evidencing their right of residence.
