Bevándorlási és Állampolgársági Hivatal

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CONTENT

Residence Permit for the Purpose of Family Reunification

ELIGIBILITY

A residence permit for the purpose of family reunification may be issued to a third-country national:

·         who is a family member of a third-country national who has a residence permit, immigration permit, permanent residence permit, interim permanent residence permit, a national or EC permanent residence permit, or a residence card or permanent residence card provided for in Act I of 2007 on the Admission and Residence of Persons with the Right of Free Movement and Residence (hereinafter referred to as “sponsor”);

·         who is a family member of a person with refugee status or who has been granted subsidiary protection status (the spouse of a person with refugee status may be issued a residence permit for the purpose of family reunification if their marriage was contracted before the entry of the person with refugee status into the territory of Hungary);

·         who is the parent of an unaccompanied minor with refugee or subsidiary protection status, or the minor’s legally appointed guardian;

·         who is a sponsor, or his/her spouse, or the supported parent of a person with refugee status;

·         who is a sponsor, or his/her spouse, or the sibling or relative in direct line of a person with refugee or subsidiary protection status, if they are unable to provide for themselves due to health reasons.

 

DEFINITIONS

Third-country national: non-Hungarian citizens and stateless persons except for persons having the right of free movement and residence (EEA nationals and family members accompanying or joining an EEA national or a Hungarian citizen).

Stateless person: a person who is not considered as a national by any State under the operation of its law.

Refugee: a non-Hungarian citizen who, in his/her native country or the country of his/her habitual residence, is subject to persecution on the basis of race or nationality, his/her alliance with a specific social group, religious or political conviction, or whose fear of being subject to persecution is well founded.

Person admitted for subsidiary protection: a foreign national who does not qualify as a refugee but in respect of whom there is reason to believe that the person concerned, if returned to his or her country of origin would face a real risk of suffering serious harm, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country.

 

Family member:

·         the spouse of a third-country national;

·         the minor child (including adopted and foster children) of a third-country national with his/her spouse;

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

·         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.

Single permit: a residence permit allowing a third-country national to enter into a contract for employment relationship with an employer and to reside legally in the territory of Hungary for the purpose of work.

Single application procedure: any procedure leading, on the basis of a single application made by a third-country national, to a decision ruling on that application for residence exceeding ninety days within a one hundred and eighty day period and for entering into a contract for employment relationship with an employer in the territory of Hungary.

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

Requirements: the completed form and the prescribed enclosures, payment of the procedural fee. 

Please note that when submitting the application the applicant is required to appear before the authority in person, except if unable to appear due to his/her health condition. Additionally, be advised that – if apart from family reunification – the foreign national plans to seek employment in Hungary, an application for the issue or extension of a residence permit may be submitted – in the case of preferred employer – by the prospective employer as well, provided that the client has consented in writing. In that case the immigration authority may communicate with the employer as well, however, the client will be notified of all procedural steps taken.

 

Preferred employer shall mean:

- an employer having signed a strategic partnership agreement with the Government;- any employer that plans to employ in Hungary a third-country national from a country neighbouring Hungary in any of the professions provided for in a communication by the Ministry of National Economy;

- any employer who implements an investment project of preferential status for national economy considerations.

When the application is submitted, the applicant’s facial likeness and – over the age of six years – fingerprint will be taken for the residence permit issued with biometric data. The third-country national affected is obliged to abide by that procedure. Where the application for residence permit is submitted through the employer, the client is nevertheless required to appear in person before the competent authority, when so requested by the authority, for the purpose of data processing and for carrying out other procedural steps.

Except as provided for by law, an application for residence permit may be submitted to any consulate officer of Hungary, or at any other place authorised to accept applications for residence permit located in the country where the applicant’s permanent or temporary residence is located, or in the country of the applicant’s nationality. Third-country nationals may apply for an entry visa for receiving a residence permit before admission to the country in the application for residence permit, without having to lodge a separate application.

Applications for residence permit for the purpose of family reunification, if the third-country national plans to enter into a contract for employment relationship as well, shall be assessed by the competent authority within the framework of a single application procedure.

Please, click here to access detailed information on the single application procedure.

If the decision of the regional directorate is in favour of the application for residence permit, it shall constitute approval for the issue of an entry visa for receiving a residence permit, of which the competent consulate officer shall be notified. The entry visa for receiving a residence permit shall be issued by the competent consulate officer based on the regional directorate’s decision.

Please note that D visas for entitlement to receive a residence permit issued to third country nationals are single-entry visas authorising a stay of not more than 30 days, therefore we recommend to visit the regional directorate of the Immigration and Asylum Office responsible for the place where their future accommodation is located as soon as possible after entering Hungary in order to receive the residence permit and register such Hungarian accommodation.

Apart from the submission of applications for residence permit at Hungarian diplomatic mission as a general rule, Hungarian law also provides for the possibility of submitting such applications in Hungary as well. Third-country nationals residing in the territory of Hungary may submit an application for residence permit at the regional directorate responsible for the place where the place of accommodation of the third-country national is located if there are special circumstances to justify submission of the application in Hungary, or if the purpose of stay exceeding ninety days within a one hundred and eighty day period is research or if lawfully residing in the territory of Hungary as a national of the States listed in Annex II of Council Regulation 539/2001/EC, or together with such third-country national in the capacity of a family member. The special circumstance referred to above shall, in particular, cover any event related to medical treatment, family reunification or occupational activity that has occurred for reasons beyond the third-country national’s control, and that prevents to have the application submitted at a place normally prescribed under general provisions set out by law.

The application for extension of the residence permit shall be submitted in person at the regional directorate responsible for the place where the place of accommodation is located 30 days before it expires, with the necessary documents attached. At the time of submitting the application the applicant shall produce his/her valid travel document. Where the purpose of residence of a third-country national is family reunification, the validity period of his/her travel document need to cover only the authorised duration of residence.

The family members of third-country nationals with refugee status shall verify their compliance with the requirements set out below, such as having a place of accommodation or residence, having sufficient financial resources to support him/herself and to cover the cost of continued travel or the return trip, and that he/she has the necessary financial resources to cover the costs of having access to comprehensive health insurance services, if more than three months have lapsed between the time when refugee status was granted and the time when the request for family reunification was lodged.

Please note that the concessions referred to above are not available in connection with applications for residence permit submitted by the family members of third-country nationals who have been granted subsidiary protection status.

If the application is submitted at a diplomatic or consular mission, the administrative service fee charged for the procedure for issuing a residence permit is EUR 60, payable at that diplomatic or consular mission primarily in EUR or other convertible currency, or in exceptional cases in the legal tender of the State where the application is submitted. The administrative service fee charged for the procedure is HUF 18,000 if submitted in Hungary. The fee charged for the extension of a residence permit is HUF 10,000, payable by the applicant in the form of revenue stamp.

The regional directorate shall rule on the application for residence permit for the purpose of family reunification within 21 days. The applicant may request the immigration authority to send his/her residence permit by post, or he/she can collect the document personally.

Please note that the immigration authority processes applications submitted after 1 January 2016 by way of the so called summary proceeding, in cases where the administrative time limit for the proceeding is less than two months, or 66 days. If the authority is in possession of all information and all necessary conditions are available for bringing a decision and for ascertaining the relevant facts of the case, the authority is required to make the decision without delay, at the latest within 8 days. If the conditions for summary proceeding are not satisfied (some information is lacking, hence a request for remedying deficiencies or for national legal assistance is to be dispatched) the proceeding will be carried out within the normal time limit. In that case, the authority brings a conditional decision within 8 days from the date of receipt of the application for the opening of the proceeding, and informs the client that if it fails to bring a decision within 60 days after the application is received, it shall refund the procedural fee to the client and shall grant exemption from the payment of any other fees. The immigration authority shall not bring a conditional decision if a decision on the merits is adopted within 8 days from the date of the opening of the proceeding, or if the proceeding is suspended or dismissed, or if the application is refused without any examination as to merits. The provisions on summary proceedings shall not apply, and no conditional decision is to be made if a specialist authority is involved, or if the immigration authority requests the opinion of an authority provided for by specific other legislation for the protection of public security or national security.

 

In case of refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of the first instance, or at the Hungarian diplomatic or consular mission where the application was submitted. If the applicant introduces any new evidence in the appeal, of which he/she was aware before the decision was adopted, or if the appeal is lodged without showing cause, the authority of the first instance shall dismiss the appeal without any examination as to merits.

The administrative service fee for the appeal is HUF 5,500, payable in the form of revenue stamp. The administrative service fee for the appeal, if submitted at a Hungarian diplomatic or consular mission, is EUR 20.

 

FORMs

Click to the following link to download the form required for the filling of the application.

- Application for Residence Permit and Inset 2 for Family Reunification

- Application to replace residence document

- Application to substitute residence document

 

Forms in PDF can be downloaded and filled in handwritten:

- Application for Residence Permit and Inset 2 for Family Reunification

- Application to replace residence document

- Application to substitute residence document

 

MANDATORY ENCLOSURES

DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE

Family reunification, as the purpose of stay, may be verified by:

·         birth certificate;

·         marriage certificate;

·         adoption document;

·         any other document attesting the existence of family relationship.

Moreover, 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 regulation pertaining to the case in question, an international agreement or the principle of reciprocity suggests otherwise – be considered affirmative proof according to Hungarian laws if endorsed by the Hungarian diplomatic or consular mission in the country where it was issued. A document made out in a language other than Hungarian shall be accepted only with the certified Hungarian translation attached, unless otherwise prescribed by any legislation pertaining to the type of case in question.

 

Family relationship for the purpose of reunification with a person with refugee status or a person who has been granted subsidiary protection may be verified by any reliable means, specifically by DNA analysis. A sample for DNA analysis shall be taken in the presence of an officer of the regional directorate, or the competent consulate officer. If the third-country national verifies family relationship by means of a DNA analysis performed abroad, the regional directorate shall contact the Hungarian Institute for Forensic Sciences requesting an expert assessment with a view to verifying the admissibility of such proof. All costs related to such DNA analysis shall be borne by the applicant.

 

DOCUMENTS IN PROOF OF MEANS OF SUBSISTENCE IN HUNGARY

A third-country national is considered to have sufficient resources to cover his/her subsistence for residence for a stay exceeding ninety days within a one hundred and eighty day period if his/her lawful income or assets or his/her family member’s income or assets is sufficient to cover their living expenses, including accommodation, return travel, and if necessary, healthcare.

The requirement of subsistence may, in particular, be verified by:

·         a notarised statement made by the receiving family member promising support to the applicant along with a document in proof of the family member’s ability to provide such support;

·         an income certificate issued by the tax authority for the family member’s or applicant’s previous year’s income;

·         an income certificate issued by the employer;

·         the family member’s or applicant’s bank statement of a Hungarian bank account;

·         a certificate issued by the employer and/or tax authority as proof of regular income received from abroad;

·         other documents.

 

DOCUMENTS PROVING THE EXISTENCE OF HUNGARIAN ACCOMMODATION

The place of Hungarian accommodation must be a property shown in the real estate register as a residential building or detached house, or any similar property suitable for habitation (minimum 6 square meters of living space per person) or a commercial or other accommodation deemed appropriate by law.

Compliance with the requirement of accommodation in Hungary may be verified by:

·         a residential lease contract in proof of the rental of a residence;

·         a document on accommodation by courtesy;

·         a document in proof of ownership of a home, in the form of abstract of title issued within 30 days to date;

·         a valid letter of invitation with an official certificate affixed;

·         documentary evidence to verify the reservation of accommodation and payment;

·         a notarised statement made by a family member with the right of residence in Hungary as holding a long-term visa or residence permit, with immigrant or permanent resident status, holding a residence card or a permanent residence card in accordance with specific other legislation, or with refugee status, promising a place of abode to the applicant; or

·         a real estate sales contract and a copy of the decision of the competent Budapest or county government agency granting permission for the acquisition of a real estate property;

·         other documents.

 

DOCUMENTS ON COMPREHENSIVE HEALTH INSURANCE

Enclosed with the application for residence permit the applicant shall provide proof of having access to comprehensive health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement), or that he/she has the necessary financial resources to cover the costs of such services.

 

DOCUMENTS EVIDENCING THE CONDITIONS OF EXIT

The conditions of exit may be verified by:

·         a valid passport or the permits necessary for the third-country national for returning to his/her country of origin, or to the country he/she indicates; and

·         a valid ticket for departure, or sufficient funds to purchase such a ticket, or a means of transport lawfully used by the third-country national.

Enclosed with the application the third-country national is required to provide a statement undertaking the commitment of voluntary departure from the territory of the Member States of the European Union if the application is refused.

During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case. The administrative time limit shall not include the length of time between the receipt of the notice for remedying deficiencies until the time of compliance.

 

VALIDITY PERIOD

The validity period of a residence permit for family reunification is:

- four years maximum, and it may be extended by up to four additional years at a time, if the sponsor has an EU Blue Card;

- five years maximum, and it may be extended by up to five additional years at a time, if the sponsor has an EC permanent residence permit on account of holding an EU Blue Card; or

- three years maximum – except as provided above –, and it may be extended by up to three additional years at a time.

The validity period of a residence permit issued for the purpose of family reunification may not exceed the validity period of the sponsor’s residence permit. If the sponsor has an EU Blue Card, the validity period of a residence permit issued for the purpose of family reunification shall be the same as the validity period of the sponsor’s EU Blue Card.

The validity period of the residence permit shall be set in consideration of the date of expiry of the passport. The validity period of a residence permit issued for the purpose of family reunification may not exceed the validity period of the applicant’s travel document even if the time limits provided for above are taken into consideration.

 

ACCRUED RIGHTS AND OBLIGATIONS

- A third-country national holding a valid residence permit has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one hundred and eighty day period.

- Furthermore, the third-country national has the right for the pursuit of a professional activity and to engage in employment.

However, it should be taken into consideration that if the third-country national plans to enter into an employment relationship, this should be reported to the regional directorate of the Immigration and Asylum Office responsible for the place where the place of accommodation is located, for having the single permit issued.

The application for residence permit for the purpose of family reunification shall be assessed by the competent authority by way of the single application procedure, if the third-country national submitted an application for residence permit for gainful employment for the purpose of residence with a view to entering into a contract for employment relationship with a specific employer. Please, click here to access detailed information on the single application procedure. In the single application procedure, in the interest of determining whether or not to support a third-country national taking up employment in Hungary, on general principle the employment centre of the county (Budapest) government agency of jurisdiction by reference to the place of work functions as the competent authority in the first instance, and the minister in charge of employment and labour participates in the second instance as a specialist authority, accordingly it is not necessary to obtain a special work permit.

- Third-country nationals shall retain the duplicate copy of the accommodation registration form in proof of compliance with the registration requirement. Third-country nationals are required to safeguard the confirmation slip received upon notification of the place of accommodation and to carry it on their person at all times. When relocating, third-country nationals shall notify the regional directorate of jurisdiction by reference to the place where the new place of abode is located within three days.

- Third-country nationals holding a residence permit shall report the birth of a child – who is also a third-country national – in the territory of Hungary and shall simultaneously supply the following information:

·  the natural identification data of the child as provided for by law;

·  particulars of the child’s travel document;

·  address of the child’s place of accommodation or home address.

- Third-country nationals are required to promptly report to the immigration authority (the regional directorate of the Immigration and Asylum Office, any police station, or the competent Hungarian diplomatic or consular mission when staying abroad) if their travel document or residence permit is lost, stolen or destroyed. The immigration authority shall confirm receipt of such report in writing. The immigration authority shall be immediately notified in the event that a travel document, which was presumed lost and reported as such, is found subsequently.

 

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