Bevándorlási és Állampolgársági Hivatal

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CONTENT

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

Please note that the procedural rules relating to the residence the family members of EEA nationals have changed with effect from 1 January 2018.

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 immigration 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.

The family member of an EEA national shall be given the right of residence if the 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.

The spouse and dependent child of an EEA national shall be given 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 on the National Higher Education System, for the principal purpose of pursuing 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.

 

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 entered into 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 immigration authority on grounds of family reunification.

 

DEFINITIONS

Third-country national

Stateless person

EEA national

Shared household

 

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. If the applicant is a minor of limited capacity or if incompetent, the application may be submitted by the applicant’s legal representative in his/her stead. If the minor client has reached the age of six at the time the application is submitted, he/she shall be required to appear in person when the application is submitted. The responsibility for ascertaining the minor’s physical presence before the immigration authority lies with the legal representative.

 

The application for residence card has to be submitted at the latest on the 93rd 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.

The costs of the procedure is payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate). In respect of yellow cheques, in the “comment” box the client’s name and date of birth, and the case type “application for residence card” shall be indicated.  

If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:

Invoice request on payment of procedural fee

 

The regional directorate shall rule the application for a residence card within 70 days. The competent immigration authority shall deliver the document to the applicant by way of post.

 

In case of refusal the applicant may appeal the decision submitted to the authority of first instance within 15 days after the decision was delivered. If the appeal is lodged in delay, or it was submitted by a person without proper entitlement, or 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 first instance shall dismiss the appeal without any examination as to merits. The administrative service fee charged for the appeal certificate is HUF 5,500, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate). In the “comment” box the client’s name and date of birth, and the case type “Residence Card Appeal” shall be indicated.

If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:

Invoice request on payment of procedural fee

 

FORMS

The application shall be submitted with the following forms completed and printed.

Forms optimised for Microsoft Word to be completed electronically:

-          Issue, Renewal of Residence Card, Notification of First Place of Residence Form

-          Declaration of Support

-          Application for Replacement Residence Card

-          Application for Substitute Residence Card

 

Forms available for downloading in PDF format, to be filled out manually:

-          Issue, Renewal of Residence Card, Notification of First Place of Residence Form

-          Declaration of Support

-          Application for Replacement Residence Card

-          Application for Substitute Residence Card

 

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 law pertaining to the case in question, an international agreement or the principle of reciprocity suggests otherwise – be considered affirmative proof according to Hungarian law if endorsed by the Hungarian diplomatic or consular mission in the country where it was issued. Any instrument made out in a language other than Hungarian shall be accepted only with the official Hungarian translation attached, unless otherwise prescribed by an act.

 

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, cooperative 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, in particular, 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 IN PROOF OF 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, by means of a certified copy of title deed issued within 30 days to date;

·        other reliable means.

During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case, and may take further procedural steps as well. 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.

After the application is submitted the applicant or his/her representative shall be able attach documents by way of post or electronically. Under special circumstances the applicant may submit requisite documents to the competent immigration authority in person as well, however, such circumstances must be justified.

 

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 Agency of the City of 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 residence card, and has to be surrendered to the duly empowered authority upon request.

Family members, whose travel document, personal identification document, or document evidencing his/her right of residence is lost, stolen or destroyed 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 or destroyed 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 certificate of the notification 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 regional directorate, with personal data included:

·        the death of a family member in their household;

·        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 report the termination of his/her family 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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