Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?
A third-country-national spouse or a partner whose partnership was registered before the relevant Hungarian authority or another EU Member State authority is included in the factsheet’s family-member definition and may accompany or join an EEA national. Residence is supported where the EEA national plans gainful employment, or has sufficient family resources and comprehensive sickness insurance or means to pay care. For an EEA national studying at a qualifying institution, the factsheet expressly gives the residence right to the spouse and dependent child subject to family resources and comprehensive sickness cover or means to meet healthcare costs. It does not expressly name a registered partner in that student-specific sentence. 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 factsheet lists registered partners as family members but does not expressly include them in its student-sponsor sentence, which names spouses and dependent children.
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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.
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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