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 health-dependent sibling or ascendant unable to support themselves: if the applicant has no residence permit and is not visa-exempt, apply abroad at a Hungarian diplomatic or consular mission. A visa-exempt applicant without a permit may apply during lawful stay in Hungary via Enter Hungary or the competent NDGAP regional directorate. Extensions are filed via Enter Hungary while the permit is valid, normally require at least 90 days of residence in Hungary in a 180-day period, and must be lodged between 90 and 30 days before expiry. The factsheet gives a general maximum of three years (extension up to three years), a four-year maximum (extension up to four years) if the sponsor holds an EU Blue Card or Corporate Card, and a ten-year maximum (extension up to ten years) for a guest-investor sponsor. The permit cannot outlast the applicant’s travel document or, where applicable, the sponsor’s residence permit. For most sponsors, the factsheet permits employment when the family permit is issued or extended through the single application procedure for work, with the intended employment notified within five days after a preliminary agreement. Separately, the official guest-investor factsheet states that a related family-reunification permit allows employment under a work contract without restrictions. A family member without another residence basis may continue residing after five years from first issuance, or after the sponsor’s or recognised refugee’s death if residence conditions are met. The usual 90-in-180-day residence condition for extension is waived for a guest-investor family member.
See recorded sources
Limits of the record- The English factsheet describes a five-year maximum for a sponsor as “a Hungarian citizen and a holder of an EC permanent residence permit or an EU residence card”. This conjunction is ambiguous for the Hungarian-citizen sponsor in this route; the special five-year duration awaits the official Hungarian legal wording.
- The factsheet states when continued residence may be claimed but does not identify a separate independent status document or its application procedure.
- chars 8512-12406
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.)
- chars 12511-13715
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)
- chars 13717-14880
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.
- chars 14883-15983
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.
- chars 26137-27275
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.)
- chars 27277-28874
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.
- chars 19859-20183
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
.
