Hungary - Family member

Where and how to apply

Your family member wishing to join you has to personally submit the application for a residence permit to the consulate in his/her country of origin. In certain cases the application can be submitted at the place of lawful residence, or in Hungary.

The consulate then transfers the application to the regional directorate of the immigration authority of the place of future residence which assesses the application.

Fees

If the application is submitted at a diplomatic or consular mission, the administrative service fee charged for the procedure for issuing a residence permit is EUR 60, payable at that diplomatic or consular mission primarily in EUR or other convertible currency, or in exceptional cases in the legal tender of the State where the application is submitted.

The administrative service fee charged for the procedure is HUF 18,000 if submitted in Hungary. The fee charged for the extension of a residence permit is HUF 10,000.

Documents required

Your family members need to:

• present travel documents valid for at least 3 months longer than the intended period of stay;
• verify the family relationship;
• prove accommodation;
• prove sufficient financial resources; and
• prove health insurance coverage.

Duration of validity of permits

Residence permits issued to your family members cannot exceed the duration of your residence permit. They are valid for a maximum of three years, renewable for three years at a time.

Conditions for renewal

The application for extension of the residence permit shall be submitted in person at the regional directorate of the immigration authority responsible for the place where the place of accommodation is located 30 days before it expires at the latest, with the necessary documents attached.

As of 1 January 2019, natural person clients or their authorised legal representatives may submit an application for a residence permit (issue or extension) electronically via Enter Hungary.

The extension of the residence permit may also be granted even the conditions laid down in the law are met, if the residence of the third-country national has exceeded 90 days in any 180 days before the submission of the application for a residence permit.

Appeals

Appeals against decisions of regional directorates regarding residence permits can be brought within 8 days of delivery to the immigration authority, or to the Hungarian diplomatic or consular mission where the application was submitted.

Access to employment

If you plan to enter into an employment relationship, this should be reported to immigration authority responsible for the place where your place of accommodation is located, for having the single permit for employment issued.

Change of employment

Your single permit authorises you to carry out a specific employment activity with a specific employer. You cannot change your job unless you submit an application for a new residence permit.

Access to education

Third-country nationals holding a residence permit are entitled to kindergarden care, and their schooling is compulsory with the same conditions as for nationals.

Change of status

Change of status may be possible depending on the purpose of stay and your personal circumstances.

Long-term residence

Hungarian law distinguishes three different regimes for permanent residence and for each the applicant needs to have:

• adequate accommodation;
• sufficient financial resources and subsistence means;
• health insurance.

You cannot be subject to any ground for refusal as set out in the law, e.g. threat to public or national security, being the subject of an expulsion order, entry ban or alert in the Schengen Information System.

Your family member will be entitled to a national permanent residence permit if he/she has legally and continuously resided for at least three years in Hungary. This permit authorises him/her to reside in Hungary for an indefinite period of time.

You will also be able to obtain a national permanent residence permit if you hold a residence permit or an interim permanent residence permit and:

• you are a family member (other than a spouse) or a dependent relative in the ascending line of a non-EU citizen with immigrant, permanent resident or refugee status and lived together for at least one year before the application was submitted; or
• you are the spouse of a non-EU citizen with immigrant or permanent resident or refugee status and the marriage was contracted at least two years before the application was submitted; or
• you were formerly a Hungarian citizen whose citizenship was terminated, or your ascendant is or was a Hungarian citizen; or
• you are a minor child of a non-EU citizen with immigrant, permanent resident or refugee status.

Your establishment has to be in accordance with the interest of Hungary. You need to present a clean criminal record. General conditions for residence permits apply.

Your family member is entitled to an EC long-term residence permit if he/she lived continuously and legally in Hungary for five years. This permit authorises him/her to reside in Hungary for an indefinite period of time.

General conditions for residence permits apply.

If you are a non-EU citizen holding an EC long-term residence permit from another EU Member State you can obtain an interim permanent residence permit:

• for the purpose of gainful employment, with the exception of seasonal employment;
• for the pursuit of studies or for the purpose of vocational training; or
• for other justified reasons.

Family members of non-EU nationals arriving for the purposes stated above (i. e. gainful employment, pursuit of studies and other justified reasons) apply for an interim permanent residence permit, and the family members of non-EU nationals holding an interim permanent residence permit may be issued an interim permanent residence permit if their family relationship already existed in the Member State of the European Union where the EC long-term residence permit certifying permanent residence status was issued.

This status is valid for a maximum of five years and may be extended by a maximum of five additional years at a time.