Residence Card for Third-country National Family Member of EEA National
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
INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED
PROCESS
Requirements:
the completed form and the mandatory enclosures,
as well as payment of the procedure fee.
If the
applicant is a minor of limited capacity or if incompetent, the application
shall be submitted by the applicant’s legal representative in his/her stead.
The
application for residence card shall 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).
Application
for a residence card by a family member of an EEA citizen may
be submitted in person at the client service of the competent NDGAP
regional directorate as per the place of residence of the applicant within the
territory of Hungary or electronically upon registration on the electronic
platform of the immigration authority for procedure initiation (Enter Hungary).
For more details on electronic administration, please click here.
Please
note that an application submitted electronically is deemed to have been
received by the authority if the administrative service fee has been paid.
Furthermore, it is necessary to appear before the competent regional
directorate within 15 days of the confirmation of receipt in order to verify
your identity, to take your biometric data and a specimen signature, and to
have your documents recognised.
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 upon registration on the electronic
platform of the immigration authority for procedure initiation.
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 15,000, which is
payable by way of electronic payment instrument (bank card).
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 an appeal is HUF 47,000,
which is to be paid by way of an electronic payment instrument (bank card)
or in the form of a bank deposit (using the cheque supplied by the regional
directorate). When paying by using a yellow cheque, the client’s name and date
of birth, and the case type i.e. “Residence Permit Appeal” are to be indicated
in the “comment” box.
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
- Application for Replacement Residence Card
- Application for Substitute Residence Card
-
Care and maintenance statement
Forms
available for downloading in PDF format, to be filled out manually:
- Issue, Renewal of Residence Card, Notification of First
Place of Residence Form
- Application for Replacement Residence Card
- Application for Substitute Residence Card
-
Care and maintenance statement
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;
o
a
statement from a Hungarian or foreign financial institution concerning the
applicant’s bank account;
o
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. In case the application has been submitted electronically, the
notification for remedying deficiencies and the provision of missing documents
will be carried out electronically as well.
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 National
Directorate-General for Aliens Policing , 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.