FAMILY REUNIFICATION
Living and working in Hungary as a family member of a Hungarian citizen, EEA-national or third country national
Immigration in Hungary is governed by Hungarian law and EUlaw. Depending on whether you are joining a Hungarian citizen, an EEA (EU) national or a third country national, as a third country national family member, your immigration status, as well as your rights (for example to work) will vary. To understand the framework, here’s a comprehensive summary.
A third-country national (non-EU national) may be granted afamily reunification residence permit if he or she is:
– a family member of a person who has a temporary residencepermit (exceptions apply),
– a family member of a person who has a permanent residencepermit,
– is a family member of an EEA-national residing in Hungary,
– is a family member of a Hungarian citizen,
– family member of a person recognized as a refugee, if themarriage was contracted prior to entry,
- parent or guardian of an unaccompanied minor recognized asa refugee,
– dependent parent of the family reunifier or spouse,
– dependent parent of a person recognized as a refugee,
– sibling or direct relative of the family reunifier orspouse, if they are unable to care for themselves due to their state of health,
– the sibling and direct relative of a person recognized asa refugee, if they are unable to care for themselves due to their state of health.
Exceptions
A third-country national cannot obtain a residence permitfor the purpose of family reunification if the third country national sponsor:
– has not held a residence permit for the purpose of guestself-employment for at least one year,
– has a residence permit for seasonal employment,
– has a residence permit for employment issued for thepurpose of implementing an investment,
– has a residence permit for employment,
– has a residence permit for guest workers,
– has a White Card,
– has a residence permit for study (including job seekingand business start-up) or training purposes,
– has a residence permit for the purpose of pursuing aninternship,
– has a residence permit for the purpose of pursuing voluntary work.
If you hold any of the above residence permits but you would like to „switch” to family reunification based on your family member, you must cancel your current residence permit, and submit a brand new application for family reunification.
Family members of EEA nationals are entitled to reside in Hungary if the EEA national
- the purpose oftheir residence is to pursue gainful employment,
- has sufficient resources for the entire duration of thestay for himself and his family members so that their stay does not place an unreasonable burden on the Hungarian social welfare system, and is entitled to public health insurance in Hungary, or has private health insurance.
The spouse and dependent children of an EEA citizen areentitled to reside if the EEA citizen
- studies - including vocational training and adulteducation, if the training program is accredited - has been admitted to an educational institution governed by the National Public Education Act or the
National Higher Education Act, and has sufficient resources for the entire duration of their stay to ensure that their stay does not place an unreasonable burden on the social welfare system of Hungary, and is entitled tto public health insurance in Hungary, or has private health insurance, entitled to stay.
Family members - who is considered a family member?
The following persosns are considered family members of a Hungarian Citizen or a third country national:
– the spouse of a third-country national or Hungariancitizen,
– the minor child of a third-country national and his or herspouse (including adopted and foster children),
– the dependent minor child of a third-country national(including adopted and foster children) over whom he or she exercises parental authority,
– dependent minor children (including adopted and fosterchildren) of the third-country national or Hungarian citizen spouse over whom the spouse exercises parental authority,
– a person who has parental authority over a minor Hungariancitizen, exercises parental authority, and lives in the same household as the Hungarian citizen.
The following persons are considered family members of anEEA-national:
- the spouse an EEA citizen;
- the partner of an EEA citizen, provided that they haveentered into a registered partnership before a Hungarian authority or an
authority of another Member State of the European Union
- a dependent descendant (child) of an EEA citizen or their spousewho is under 21 years of age;
- a dependent ascendant (parent) of an EEA citizen or their spouse;
- a person whose entry and residence as a family member isauthorized by the competent immigration authority.
Please note that the spouse of the family reunifier cannot obtain a residence permit if the other spouse of the family reunifier has a residence visa or residence permit issued for the purpose of ensuring family life.
A newborn in Hungary?
A residence permit shall be issued to a third-countrynational residing in Hungary on the basis of a residence permit for the purpose of ensuring family reunification for a child who is a third-country national born in Hungary.
Application procedure
If you are a family member of Hungarian citizen or a thirdcountry national, and you do not have a residence permit and cannot enter Hungary without a visa, you must submit your application abroad. You can submit your application at the Hungarian diplomatic mission operating in the country of your citizenship or habitual residence. You do not need to apply for a visa separately, because the application for a residence permit also includes an application for a visa entitling you to receive a residence permit.
If you are eligible to travel to Hungary without a visa dueto your citizenship and do not have a residence permit, you may submit your application for a residence permit in Hungary during your legal stay.
If you are a third country national family member of anEEA-citizen, you may submit your application in Hungary, no later than 93 days after entry into the country or after the occurrence of the event establishing the right of residence (e.g., marriage, birth of a child).
Validity period
The period of validity of the permit is determined on the basis of the family reunification residence permit as follows:
– the general period of validity of the document is amaximum of 3 years, which may be extended by a maximum of 3 years at a time if the relevant conditions are met,
– if the family reunifier has an EU Blue Card or a CompanyCard, the document is valid for a maximum of 4 years, which may be extended for a maximum of 4 years at a time,
– if the family reunifier is a Hungarian citizen, anEEA-citizen or holds an EC settlement permit or EU residence card, the document is valid for a maximum of 5 years, which may be extended for a maximum of 5 years at a time,
– if the family reunifier has a guest investor residencepermit, the document shall be valid for a maximum of 10 years, which may be extended for a maximum of 10 years at a time.
Please note that the period of validity of the residence permit may not exceed the period of validity of the applicant's travel document or the period of validity of the family reunification residence permit.
Working in Hungary with a family reunification residence permit
In principle to work in Hungary, you need a residence permitand a work permit. Residence permits are issued by the Immigration Office (OIF) while the work permits are issued by the Labour Office. However to facilitate the application procedure, you can apply for a residence permit and a work
permit in a single application procedure, which means that you apply to the Immigration Office, who will then contact the Labour Office regarding your work permit. To apply for a combined permit, you have to have a preliminary work contract (job offer). The Labour Office then conducts a labour market test, to see if they can fill your future role with locals, and if they can't, they'll issue the work permit.
That is why the family reunification residence permitdoesn’t allow you to work in Hungary automatically. If you wish to join your family member in Hungary AND you would like to work, you have to submit a single application for a residence permit AND a work permit. So, you are only
entitled to work if your family reunification residence permit was issued or extended in a single application procedure, whereby you apply for a family reunification residence permit AND a residence permit for employment purposes, Hungarian Card, or a National Card.
However, while obtaining a work permit during the single application procedure for a family reunification residence permit, there are some preferential terms for certain applicants.
Work permit issued without a labour market test
The Labour Office will not conduct a labour market test, andgrant you the work permit automatically, if you are the family member of
- a Hungarian citizen,
- an EEA-national,
- an EU Blue Card holder,
- a refugee or someone enjoying subsidiaryprotection.
Notification of divorce or death of spouse
You are required to report the dissolution of your marriageor the death of your spouse to the regional directorate responsible for your place of residence within 30 days of receiving the final judgment on the dissolution of the marriage or the issuance of the death certificate, attaching the relevant documents.
Family members of Hungarian citizens or third countrynationals, who have not obtained a right of residence on other grounds are entitled to continue to reside in Hungary if
- 5 years haveelapsed since their residence permit was first issued, or
- in the event ofthe death of the family reunification sponsor or the person recognized as a refugee, provided that the conditions for residence are met.
The right of residence of a family member of an EEA-national, who is a third-country national, shall continue to apply as a family member in the event of the death of the EEA national, provided that
- he or she is gainfully employed,
- has sufficient resources for themselves and their familymembers so that their residence does not place an unreasonable burden on Hungary's social welfare system, and is entitled to public health insurance or has private health insurance, or
- continues to exercise his or her right of residence as a family member of a person who meets the conditions set out above.
The right of residence of a spouse of an EEA-national who isa third-country national shall continue to exist as a family member in the event of divorce or annulment of the marriage if
- the marriage lasted at least two years prior to its dissolution or annulment, and the former spouse resided in Hungary for at least
one year during the marriage as a family member of an EEA citizen,
- according to acourt decision, the former spouse also exercises parental authority over the
child of the EEA national residing in Hungary, or is responsible for the care of the minor on the basis of an agreement,
- there are exceptional circumstances that justify it, in particular if the EEA national spouse committed an intentional criminal offense during the marriage, or if, prior to the marriage, he or she had permanent residence under the Hungarian Immigration Act, or
- the former spouse has the right of access to the minorchild on the basis of an agreement or a court decision, provided that, according to the agreement or the court decision, access takes place on the
territory of Hungary.