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EEA-family free movement — descendant under 21 or dependent

HungaryFree movement

Explore the five recorded questions, answers and sources for this pathway.

Official link

Which citizenship, status or regional agreement creates the person's right to move/reside?

The right derives from being a direct descendant of the EEA national, or of the EEA national's spouse, who is under 21 or a dependant.

See recorded sources
  • chars 10552-10689
    the direct descendants of an EEA national and those of the spouse of an EEA national who are under the age of 21 years or are dependents;

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

A third-country-national direct descendant of an EEA national or of the EEA national’s spouse who is under 21 or dependent is within the factsheet’s family-member definition. The family member may receive residence rights when accompanying or joining an EEA national who plans gainful employment, or who has sufficient resources for the family and comprehensive sickness cover or means to pay for it. Where the EEA national studies, the factsheet separately gives residence rights to the spouse and dependent child if the study is qualifying and family resources and comprehensive sickness cover or means to meet healthcare costs are sufficient. That student sentence does not expressly include a non-dependent descendant solely because the person is under 21. For the gainful-activity basis, the authority’s evidence list covers employment contracts, business-owner/director or self-employment documents, and an active jobseeker’s evidence both of a genuine search and a probability of entering gainful employment; merely seeking work without that evidence is not established as sufficient.

See recorded sources
Limits of the record
  • The student-specific sentence names a dependent child, not every descendant under 21; the route’s broader label must not be taken as proof of that student branch for a non-dependent descendant.
  • chars 8478-11125
    ELIGIBILITY A residence card may be issued to a family member who is a third-country national accompanying an EEA national or joining an EEA national. The competent immigration authority may grant the right of residence to persons on the grounds of family reunification, who had been dependents or members of the household of an EEA national who meets the conditions of residence exceeding ninety days within a one hundred and eighty day period in the country from which they are arriving, or who require the personal care of an EEA national due to serious health reasons. The family member of an EEA national shall be given the right of residence if the EEA national -          plans to engage in gainful employment; -        has sufficient resources for him or herself and his or her family members not to become an unreasonable burden on the social assistance system of Hungary during the period of their stay, and have comprehensive sickness insurance cover for healthcare services as prescribed in specific other legislation, or if he or she assures to have sufficient resources for such services as required by statutory provisions. The spouse and dependent child of an EEA national shall be given the right of residence if the EEA national - enrolled at an educational institution governed by the Act on the National Public Education System, or the Act on the National Higher Education System, for the principal purpose of pursuing a course of study, including vocational training and adult education if offering an accredited curriculum, and they have sufficient resources for themselves and their family members not to become an unreasonable burden on the social assistance system of Hungary during their entire period of residence, and 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. Family member: the spouse of an EEA national; the direct descendants of an EEA national and those of the spouse of an EEA national who are under the age of 21 years or are dependents; the dependent direct relatives in the ascending line of an EEA national and those of the spouse of an EEA national; the partner with whom the EEA national has entered into 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.
  • chars 16800-19400
    strument made out in a language other than Hungarian shall be accepted only with the official Hungarian translation attached, unless otherwise prescribed by an act. If the EEA national, or the family member whom he/she plans to accompany or join does not have a registration certificate or a permanent residence card, the family member is to provide proof that the EEA national ·        is engaged in gainful employment; ·        has sufficient resources for him/herself and his/her family members not to become an unreasonable burden on the social assistance system of Hungary during the period of their stay, and have comprehensive sickness insurance cover for healthcare services as prescribed in specific other legislation, or if he/she assures to have sufficient resources for such services as required by statutory provisions; or ·        enrolled at an educational institution governed by the Act on the National Public Education System, or the Act on the National Higher Education System, for the principal purpose of following a course of study, including vocational training and adult education if offering an accredited curriculum, and they have sufficient resources for themselves and their family members not to become an unreasonable burden on the social assistance system of Hungary during their entire period of residence, and 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. If the purpose of the EEA national’s stay is to engage in gainful employment, the applicant shall supply the following proof: ·        the employment contract; ·        a valid contract or a statement containing the company’s corporate name as shown in the register of companies, registered number and tax number, if the EEA national is engaged in any gainful activity in the capacity of being the owner or director of a business association, cooperative society or some other legal entity formed to engage in gainful operations, or is a member of the executive, representative or supervisory board of such entity; ·        a valid private entrepreneur’s license or similar authorisation – issued by the competent authority of another Member State – to engage in business activities, or a private entrepreneur register number in the absence of a private entrepreneurial license; ·        for persons seeking employment, documents to evidence that he/she is actively seeking emp

What entry, registration or residence-document formalities remain?

The residence-card application must be submitted at the latest on the 93rd day from entry or from the date of the fact underlying the right of residence, such as the childbirth.

See recorded sources
Limits of the record
  • Where and how: in person at the competent NDGAP regional directorate or via Enter Hungary [11683:12060]; electronic filing deemed received on fee payment with biometrics within 15 days [12131:12539]; fee HUF 15,000 [13415:13632]; decision within 70 days [13780:13869] — joint sentences.
  • A minor of limited capacity applies through the legal representative (page sentence before the deadline sentence); first residence must be reported [21121:21379].
  • chars 11464-11680
    The application for residence card shall be submitted at the latest on the 93 rd  day from the time of entry or from the date of occurrence of the fact underlying the right of residence  (e.g. marriage, childbirth).

Which non-member-country family members can accompany or join, and what broad rights do they receive?

The checked official sources did not provide enough route-specific evidence to confirm which non-member family members can join and their rights.

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

The checked official sources did not provide enough route-specific evidence to confirm when permanent rights arise and the continuity or absence rules.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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