HU country scene

EEA-family free movement — spouse or registered partner

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 the spouse of an EEA national, or the partner with whom the EEA national has entered into a registered partnership before the relevant Hungarian authority or the authority of another EU Member State.

See recorded sources
Limits of the record
  • The cited 'Family member' definition also lists descendants, ascendants and persons authorised on family-reunification grounds, which belong to other catalogue vias.
  • The document is a residence card issued to a third-country-national family member accompanying or joining an EEA national [8492:8632] (joint page-level sentence).
  • chars 10504-11122
    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.

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.
  • 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 marriage.

See recorded sources
Limits of the record
  • Where and how: in person at the competent NDGAP regional directorate or electronically via Enter Hungary [11683:12060]; an electronic application is deemed received on fee payment, with appearance within 15 days for biometrics [12131:12539].
  • Fee HUF 15,000 by bank card [13415:13632]; decision within 70 days [13780:13869]; first residence must be reported and the right to use the dwelling proven [21121:21379].
  • These procedural sentences are joint to all family members.
  • 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?

For a third-country-national spouse or registered partner, this factsheet says that once a five-year residence card has run its full term, the EEA national’s family member may apply for a permanent residence card or another residence card. This is an application possibility, not an automatic grant. The family member must report a change to residence rights following the EEA national’s death or dissolution or annulment of marriage to the competent regional directorate and prove the conditions for further stay; termination of the family relationship underlying residence must also be reported. The current family residence card’s validity follows the EEA national’s residence and is at most five years.

See recorded sources
Limits of the record
  • This factsheet does not set out the distinct permanent-card eligibility, qualifying residence continuity, permitted absences, or post-grant loss conditions; the possibility of applying after a five-year card term is not proof that permanent residence was granted.
  • chars 11125-13950
    INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS Requirements: the completed form  and the mandatory enclosures , as well as payment of the procedure fee . If the applicant is a minor of limited capacity or if incompetent, the application shall be submitted by the applicant’s legal representative in his/her stead. 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). Application for  a residence card by a family member of an EEA citizen may  be submitted in person at the client service of the competent NDGAP regional directorate as per the place of residence of the applicant within the territory of Hungary or electronically upon registration on the electronic platform of the immigration authority for procedure initiation (Enter Hungary).  For more details on electronic administration, please  click here. Please note that an application submitted electronically is deemed to have been received by the authority if the administrative service fee has been paid. Furthermore, it is necessary to appear before the competent regional directorate within 15 days of the confirmation of receipt in order to verify your identity, to take your biometric data and a specimen signature, and to have your documents recognised. 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 residence card is issued for a term other than five years, the family member who is a third-country national may apply for the extension of the residence card. The application for extension shall be submitted on the thirtieth day before the residence card expires upon registration on the electronic platform of the immigration authority for procedure initiation . If the residence card was issued for a period of five years, and the five years have passed, the EEA national’s family member may apply for a permanent residence card, or may submit an application for another residence card. If the applicant is a family member of an EEA national, the administrative service fee charged for the issue of a residence card is HUF 15,000 , which is payable by way of electronic payment instrument (bank card). 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 document to the applicant
  • chars 22617-22883
    VALIDITY PERIOD The validity of the residence card of a family member who is a third-country national of an EEA national is determined based upon the duration of residence of the EEA national. The residence card shall be issued for a maximum period of five years.
  • chars 24300-25480
    ed 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 EEA national, the dissolution or annulment of the marriage with the EEA national 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 i

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

Your story.
Your next step.

Explore pathways in Hungary →