How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?
For an eligible third-country-national spouse or registered partner accompanying or joining an EEA national, apply for the family residence card no later than the 93rd day after entry or the event underlying residence rights, at the competent regional directorate in person or through Enter Hungary. Present a valid travel document and evidence of the family tie; an electronic applicant must attend the regional directorate within 15 days after receipt confirmation for identity and biometrics. The authority’s stated decision period is 70 days. The card’s term follows the EEA national’s residence and cannot exceed five years. If initially issued for less than five years, an extension may be sought; after a five-year card has run its term, the family member may apply for a permanent residence card or another family residence card. An official address card is issued following the family residence card. Changes to residence rights after the EEA national’s death or marriage dissolution/annulment, and termination of the underlying family relationship, must be reported with evidence of continued-stay conditions.
See recorded sources
Limits of the record- The factsheet does not establish an unrestricted work right, nor does it establish that permanent residence is granted automatically after the five-year card term.
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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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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
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ding in PDF format, to be filled out manually:
-
Issue, Renewal of Residence Card, Notification of First Place of Residence Form
-
Declaration of Support
-
Application for Replacement Residence Card
-
Application for Substitute Residence Card
-
Care and maintenance statement
MANDATORY ENCLOSURES
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.
Any reference made to a registrar certificate shall also be construed as a similar or equivalent document issued by a foreign authority.
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 in
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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.
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ACCRUED RIGHTS AND OBLIGATIONS
In case the statutory conditions are satisfied and the regional directorate issues a residence card, the 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.
Family members, whose travel document, personal identification document, or document evidencing his/her right of
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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
