Bevándorlási és Állampolgársági Hivatal

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CONTENT

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

ELIGIBILITY

A residence card may be issued to a family member who is a third-country national accompanying a Hungarian citizen or joining a Hungarian citizen.

The competent authority may grant the right of residence to persons on the grounds of family reunification, who had been dependants or members of the household of a Hungarian citizen, or who require the personal care of a Hungarian citizen due to serious health reasons.

The competent authority shall – upon the guardian authority’s request – ex officio grant the right of residence to a minor child who is a dependant and is a member of the household of a Hungarian citizen, if the child was born in Hungary, his/her nationality is unknown and there is no parent who has parental custody over the child in question.

 

DEFINITIONS

Family member:

· the spouse of a Hungarian citizen;

· the direct descendants of a Hungarian citizen and those of the spouse of a Hungarian citizen who are under the age of 21 years or are dependants;

· the direct relatives in the ascending line of a Hungarian citizen and those of the spouse of a Hungarian citizen;

· the person who has parental custody of a minor child who is a Hungarian citizen;

· the partner with whom the Hungarian citizen 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.

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.

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.

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, 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 applicant is a family member of a Hungarian citizen, the administrative service fee charged for the issue of a residence card is HUF 10,000, 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 Family Member of Hungarian Citizen

- Application to replace residence document

- Application to substitute residence document


Forms in PDF can be downloaded and filled in handwritten:

- Residence Card for Family Member of Hungarian Citizen

- 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.

A marriage certificate submitted by a family member of a Hungarian citizen who is a third-country national may be accepted after being recorded in the Hungarian registry.

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.

 

DOCUMENTS VERIFYING SUFFICIENT FINANCIAL RESOURCES

The third-country national family members of a Hungarian citizen who is engaged in gainful employment shall have the right of residence exceeding ninety days within a one hundred and eighty day period.

The right of residence exceeding ninety days within a one hundred and eighty day period also apply to the family members of a Hungarian citizen if:

· they have sufficient resources for themselves or the Hungarian citizen has sufficient resources for such family members not to become an unreasonable burden on the social assistance system of Hungary during their period of residence; and

· they 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.

The right of residence exceeding ninety days within a one hundred and eighty day period may be granted to a person who exercises parental custody of a minor child who is a Hungarian citizen also in the absence of the requirements set out by law.

The availability of sufficient resources can be evidenced in particular with:

· a document in proof of gainful employment (e.g. contract of employment, certificate of income issued by the employer, tax authority certificate, minutes of a members’ meeting to evidence income earned as a managing director);

· account balance statement made out to his/her own name or to the family member’s name, bank statement of transactions.

 

DOCUMENTS PROVING THE EXISTENCE OF HEALTH INSURANCE

The Hungarian citizen’s family member’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 must 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 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.

 

VALIDITY PERIOD

The validity period for the residence card of third-country national family members of Hungarian citizens is 5 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.

A third-country national holding a valid residence card 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.

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, destroyed or 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 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 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 Hungarian citizen, the dissolution or annulment of the marriage with the Hungarian citizen 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 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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2013 Bevándorlási Hivatal, by Chronos Systems

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