Family reunification — guest investor sponsor

The residence in the territory of Hungary for at least 90 days is not required in case of the extension of a residence permit issued for the purpose of family reunification for the family member of a person holding residence permit for guest investors.

Which third-country national  is eligible to be granted a residence permit for the purpose of family reunification? A residence permit for the purpose of family reunification may be granted to a third-country national who is: – a family member of a person in possession of a residence permit, – a family member of a person in possession of an immigration permit, settlement permit, interim permanent residence permit, national permanent residence permit, EC permanent residence permit, – a family member of a person in possession of an interim residence card, a national residence card or an EU residence card, – a family member of a person in possession of a residence card, a permanent residence card for EEA nationals, a permanent residence card for third-country national family members, – a family member of a Hungarian citizen, – a family member of a person with refugee status, if their marriage was contracted prior the entry into the territory of Hungary, – the parent of an unaccompanied minor with refugee status, or the minor’s legally appointed guardian, – dependent parent of a sponsor or his/her spouse, – dependent parent of a person with refugee status, – the sibling and ascendant family member of a sponsor or his/her spouse if he/she is unable to support him/herself due to health reasons, – the sibling and ascendant family member of a person with refugee status if he/she is unable to support him/herself due to health reasons. A residence permit for the purpose of family reunification shall be issued to the third-country national child born in Hungary of a third-country national residing in Hungary with a residence permit, , even in case an additional third-country national’s legal title of residence shall not be based on the residence permit under Act XC of 2023 on General Rules for the Admission and Right of Residence of Third-country Nationals. Definition of third-country nationals: – Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals  or family members of an EEA national, and – stateless persons qualify as third-country nationals . Definition of family member : – the spouse  of the third-country national or of a Hungarian national (including registered partner under Act XXIX of 2009), – the minor child  (including adopted and foster children) of a third-country national and his/her spouse, – the dependent minor child  (including adopted and foster children) of a third-country national where this third-country national has parental custody, – the dependent minor child  (including adopted and foster children) of the spouse of a third-country national where the spouse has parental custody, – a person having and exercising parental custody of a minor Hungarian child and living in the same household  with the minor qualify as family member . A residence permit for the purpose of family reunification may not be granted to a third-country national if the sponsor : – does not hold a residence permit for the purpose of guest self-employment for at least a year, – holds a residence permit for the purpose of seasonal employment, – holds a residence permit for the purpose of employment for the purpose of investment, – holds a residence permit for the purpose of employment, – holds a residence permit for guest workers, – is a holder of a White Card, – holds a residence permit for the purpose of studies (including the purpose of seeking job or starting a business), training, – holds a residence permit for the purpose of traineeship, – holds a residence permit for the purpose of voluntary service. The spouse of the sponsor cannot be granted a residence permit if the other spouse  of the sponsor is in possession of a residence visa or a residence permit issued for the purpose of family reunification. 2.)

Application submission outside of Hungary If you do not hold a residence permit  and are not allowed to enter Hungary without a visa , your application for the issuance of a residence permit is to be submitted outside of Hungary. You may submit an application before a diplomatic or consular foreign mission of Hungary in the country of your nationality or your habitual place of residence. Please be advised to contact the competent foreign mission of Hungary to inquire for further information, if there are any other places authorised to receive applications for a residence permit. Such application receiving places are constituted by e.g. honorary consuls, trade representations, and external service providers. If there are not any consulates or other types of places receiving application, in exceptional cases, you may submit an application in the country where you are staying legally in case you can provide proof of the reasons of your exceptional application submission. Submitting an application for a visa separately is not required, as an application for the issuance of a residence permit comprises an application for a visa entitling its holder to collect a residence permit. b)

Application submission within the territory of Hungary When may an application for the issuance of a residence permit be submitted within the territory of Hungary? If you are allowed to enter the territory of Hungary visa free  due to your nationality, and you are not a holder of a residence permit , during your legal stay you may submit an application for the issuance of a residence permit within the territory of Hungary as well. How can applications for a residence permit be submitted in Hungary? Application submission in Hungary is available: – by electronic means via the electronic information system and procedure initiation platform  of Enter Hungary , which is available by clicking here , or – in person, before the competent regional directorate  of National Directorate-General for Aliens Policing (hereinafter: NDGAP) as per you place of accommodation . Contact details of the regional directorates and further information are available by clicking here . Please note that application submission is available only via the Enter Hungary platform if your authorised representative is a legal representative or a legal person . II.

Application submission for the extension  of a residence permit Applications for the extension of a residence permit may only be lodged by  the procedure initiation platform  of Enter Hungary , which is available by clicking here . Please be informed that the extension of the residence permit is only possible if – you are a holder of a valid residence permit at the time of application submission, – you resided within the territory of Hungary with your residence permit at least 90 days in any 180-day period. The residence in the territory of Hungary for at least 90 days is not required in case of the extension of a residence permit issued for the purpose of family reunification for the family member of a person holding residence permit for guest investors. Please note that an application for the extension of a residence permit may be submitted no more than 90 days prior to the date of expiry of the issued residence permit. Applications for the extension of a residence permit must be submitted no later than thirty days before the date of expiry of the residence permit. III.

How long is the validity period of the permit? The validity period of the permit shall be determined depending on the sponsor’s residence title as follows: – the general validity period of the document is a maximum of 3 years , which on occasion may be extended by a maximum of 3 years  if appropriate conditions are met, – if the sponsor is a holder of an EU Blue Card or a Corporate Card, the validity period of the document is a maximum of 4 years, which on occasion may be extended by a maximum of 4 years , – if the sponsor is a Hungarian citizen and a holder of an EC permanent residence permit  or an EU residence card, the validity period of the document is a maximum of 5 years, which on occasion may be extended by a maximum of 5 years , – if the sponsor is a holder of a residence permit for guest investors, the validity period of the document is a maximum of 10 years, which on occasion may be extended by a maximum of 10 years. The validity period of the residence permit may not exceed the validity period of the applicant’s travel document  or the validity period of the sponsor’s residence permit . 10.)

Further information Employment The applicant is entitled to work in case the issuance or the extension of the residence permit has been  made in a single application procedure. For more information on a single application procedure click here . In this case the applicant shall complete and enclose one of the following three appendixes: Application for employment , a Hungarian Ca rd , or a National Ca rd  beyond Appendix for an application for a residence permit for the purpose of family reunification. The appendix shall be attached whichever type of permit applies to the applicant’s employment and citizenship (the conditions for each purpose can be found by clicking on the name of the given type of permit). The immigration authority must be notified of your intention to enter into employment relationship immediately after the conclusion of the preliminary agreement, but within 5 days at the latest. Notification of divorce or death of a spouse The divorce or the death of your spouse must be reported to the regional directorate responsible for your place of accommodation within 30 days of receipt of the final judgement on divorce or the death certificate by attaching the documents at the same time. The right of further residence in Hungary The family member - who has not acquired the right of residence on another legal basis - is entitled to continue to reside if – 5 years have passed since the first issuance of the residence permit, or – in the event of the death of the sponsor or of the person recognised as a refugee, if the conditions of residence are met.

The residence permit for guest investors and the related residence permit for family reunification entitle their holder to perform actual work for or under the direction of others, for remuneration, under contract for employment relationship. The third-country national is entitled to work in Hungary without restrictions .