Bevándorlási és Állampolgársági Hivatal

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CONTENT

Residence Card for Third-country National Family Member of EEA Citizen

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 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.

If an 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;

his/her family member has 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 the on the National Higher Education System, for the principal purpose of following 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, his/her spouse and dependent child has the right of residence.

 

DEFINITIONS

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 contracted 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 authority on grounds of family reunification.

 

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.

EEA national: the citizens of Member States of the European Union – other than Hungarian citizens – and citizens of any State that is a party to the Agreement on the European Economic Area (citizens of the European Union, Switzerland, Norway, Iceland, and Liechtenstein).

Shared household: the community of persons living with an EEA national or a Hungarian citizen under the same roof, and using this address as the registered permanent or habitual residence.

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

Requirements: the completed form and the prescribed enclosures, as well as payment of the procedure 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.

The application for residence card has to be submitted at the latest on the ninety-third day from the time of entry or from the date of occurrence of the fact underlying the right of residence (e.g. marriage, childbirth), at the regional directorate responsible for the place where the applicant’s future residence is located.

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 at the regional directorate of jurisdiction by reference to the residence of the family member who is a third-country national.

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 1,500, payable in the form of revenue stamp at the time of application.

The regional directorate shall rule the application for a residence card within 70 days.

In case of refusal the applicant may appeal the decision submitted to the authority of the first instance within 15 days after the decision was delivered. 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.

 

FORMs

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

- Residence Card for Third Country National Family Member of EEA Citizen

- Care and maintance statement

- Application to replace residence document

- Application to substitute residence document

 

Forms in PDF can be downloaded and filled in handwritten:
- Residence Card for Third Country National Family Member of EEA Citizen

- Care and maintance statement

- Application to replace residence document

- Application to substitute residence document

 

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 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.

If the EEA national, or the family member whom he/she plans to accompany or join does not have a registration certificate or a permanent residence card, the family member is to provide proof that the EEA national:

·         is engaged in gainful employment;

·         has sufficient resources for him/herself and his/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/she assures to have sufficient resources for such services as required by statutory provisions; or

·         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 following 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.

If the purpose of the EEA national’s stay is to engage in gainful employment, the applicant shall supply the following proof:

·         the employment contract;

·         a valid contract or a statement containing the company’s corporate name as shown in the register of companies, registered number and tax number, if the EEA national is engaged in any gainful activity in the capacity of being the owner or director of a business association, co-operative society or some other legal entity formed to engage in gainful operations, or is a member of the executive, representative or supervisory board of such entity;

·         a valid private entrepreneur’s license or similar authorisation – issued by the competent authority of another Member State – to engage in business activities, or a private entrepreneur register number in the absence of a private entrepreneurial license;

·         for persons seeking employment, documents to evidence that he/she is actively seeking employment, and there is a probability of entering into gainful employment; or

·         other reliable means.

If the purpose of the EEA national’s residence is the pursuit of studies, the applicant shall supply the following proof:

·         a certificate of admission from an educational institution governed by the Act on the National Public Education System and the Act on the National Higher Education System;

·         a document to verify his/her student status; or

·         other reliable means.

 

DOCUMENTS VERIFYING SUFFICIENT FINANCIAL RESOURCES

The applicant may verify of having sufficient means of subsistence with his/her financial assets or any regular income he/she receives in the form of:

·         payments from the social security or social assistance system of any EEA Member State;

·         income from funds or benefit plans financed by payment of membership dues or other regular contributions;

    • a statement from a Hungarian or foreign financial institution concerning the applicant’s bank account;
    • income from maintenance or alimony supported by documentary evidence.

The declaration of support made by the EEA national with respect to the family member has to be enclosed with the application.

 

DOCUMENTS PROVING THE EXISTENCE OF HEALTH INSURANCE

The EEA national’s access to health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement) throughout his/her stay in Hungary shall be verified by the relevant documents, or that he/she has the financial resources to cover the costs of such services.

 

REGISTRATION OF THE FIRST RESIDENCE IN HUNGARY

The first residence in Hungary shall be reported in the course of the proceedings for the issue of the residence card. The right of disposal with respect to the residential property must verified to the immigration authority by means of documentary evidence.

Residence may be verified in particular with:

·         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 the residential property, in the form of abstract of title issued within 30 days to date;

·         other documentary evidence.

During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case.

 

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.

 

ACCRUED RIGHTS AND OBLIGATIONS

In case the statutory conditions are satisfied and the regional directorate issues a residence card, the Government Office of the Capital City 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 resident card, and has to be surrendered to the duly empowered authority upon request.

Family members, whose travel document, personal identification document, or residence card is lost, stolen, destroyed or has expired shall report it to the immigration authority (regional directorate of the Immigration and Asylum Office, or any police station), as well as if any such document that was presumed lost and reported as such is found subsequently.

Unless otherwise provided by international agreement, a family member who is a third-country national whose travel document is lost, stolen, destroyed or has expired is required to obtain a replacement travel document. Such family member who is a third-country national shall be allowed to leave the country only in possession of the new travel document and a statement of report issued based on the report submitted 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 competent regional directorate, with personal data included:

·         the death of a family member in their household;

·         any 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 notify the termination of his/her 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 in the document evidencing their right of residence.

 

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2013 Bevándorlási Hivatal, by Chronos Systems

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