CONTENT

Residence of family members of a Hungarian citizen

Please note that regulations related to the residence of family members of a Hungarian citizen have changed with effect from 1 January 2019.

 

Residence of family members of a hungarian citizen

Applications for the issue of a residence card or permanent residence card submitted until 31 December 2018 by third- country national family members of Hungarian citizens shall be assessed in accordance with the legislation in force at the time of submitting the application.

Residence cards and permanent residence cards issued to third-country national family members of a Hungarian citizens may be used for the duration of their validity. In case the document is replaced or reissued, the reissued residence card or permanent residence card will retain the validity of the original document.

Extension of validity period of a residence card and permanent residence card issued to third-country national family member of a Hungarian citizen cannot be initiated after 1 January 2019.

In case of newly initiated procedures or reassessments concerning third-country national family members of Hungarian citizens initiated on the 1st of January 2019 or after, Act II of 2007 on the Entry and Stay of Third-Country Nationals (hereinafter: ’Act’) shall apply.

 

Family member:

·        the spouse of a Hungarian citizen,

·       the minor child, including adopted and foster children, of the spouse of a third-country national where the spouse has parental custody and the children are dependent on him/her.

Third-country national family members of Hungarian citizens may apply for a residence permit on the grounds of family reunification for residence exceeding three months.

 

Further information on residence permit for the purpose of family reunification is available here.

 

Third-country national family member of a Hungarian citizen holding a residence card or permanent residence card issued before 31 December 2018 valid on 1 January 2019, will receive a national permanent residence permit on request without examination of any conditions until the expiry date of the residence card or permanent residence card. National permanent residence permit cannot be granted to a third-country national family member of a Hungarian citizen if:

  1. the third-country national in question has disclosed false information or untrue facts to the competent authority in the interest of obtaining the right of residence; or
  2. established the family relationship solely for the purpose of obtaining a residence permit on the grounds of family reunification; or
  3. his/her residence has grounds for refusal set out in Paragraph c) of Subsection (1) and Subsection (2) of Section 33 of the Act;
  4. has a criminal record, and he/she is not exempted from the inherent disadvantages; or
  5. the marriage was dissolved within three years from issue of the residence card or permanent residence card for reasons other than the spouse's death, or if the third-country national no longer has parental custody; or
  6. he/she does not live in the same household as the Hungarian citizen or
  7. the third-country national family member has departed from the territory of Hungary and remained absent for a period of over six months; or
  8. residence card or permanent residence card was granted to a third-country national on the grounds of family reunification and his/her spouse with Hungarian citizenship has departed from the territory of Hungary with a view to establish residence elsewhere.

In order to determine whether a family member’s residence  in  the  territory  of Hungary  constitutes a  threat  to  public  security  or  national security, the competent authorities (Constitution Protection Office, Counter Terrorism Centre, Police) shall be referred to for an opinion in accordance with the regulations on the issue of a permanent residence permit in the Act.

 

The residence card or permanent residence card of a third-country national family member of a Hungarian citizen holding a valid residence card or permanent residence card shall be withdrawn in the following cases:

  1. the third-country national in question has disclosed false information or untrue facts to the competent authority in the interest of obtaining the right of residence; or
  2. established the family relationship solely for the purpose of obtaining a residence permit on the grounds of family reunification; or
  3. he/she does not live in the same household as the Hungarian citizen or the third-country national family member has departed from the territory of Hungary and remained absent for a period of over six months; or
  4. residence card or permanent residence card was granted to a third-country national on the grounds of family reunification and his/her spouse with Hungarian citizenship has departed from the territory of Hungary with a view to establish residence elsewhere; or
  5. the third-country national’s residence in Hungary represents a serious threat to public security, public or national security interests.

If a third-country national family member of a Hungarian citizen holds a valid residence card or permanent residence card and he/she cannot be granted a national permanent residence permit, he/she can submit an application for residence permit under the general rules of the Act.

Further information on residence permit for the purpose of family reunification is available here.

 

A third-country national family member of a Hungarian citizen may submit an application for an EC permanent residence permit in accordance with the regulations of the Act during the period of validity of the residence card or permanent residence card. The application shall be assessed by the immigration authority according to the general rules.

Further information on EC permanent residence permit is available here.

 

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