Residence permit for the purpose of family reunification

Who is eligible to apply for a residence permit for the purpose of family reunification:

A third-country national who has a spouse who is a Hungarian citizen or who has a proven cohabiting relationship with a partner of the same sex.

1. The marriage certificate can be used to prove the existence of a family relationship in this case. It is important to note that if the marriage was not contracted in Hungary, it must be registered in Hungary in the first place.

Registration of marriage in Hungary:

The Hungarian citizen is obliged to initiate this procedure, but the application for registration can be submitted in person at the Consulate in the presence of both parties. The registration is free of charge. In the case of an international format (issued in English, French or German), the Consulate will accept it. A marriage certificate issued in any other language can be accepted with a certified Hungarian translation, and a document issued by the National Translation Office is also accepted in this procedure.

The marriage certificate must be endorsed with an Apostille (diplomatic) superscription. This stamp must be obtained in all cases where the marriage is NOT contracted in a Member State of the European Union.

Identification documents (passport or ID card for both parties).

Birth certificate of the Hungarian citizen

Birth certificate of a third-country national, if not in English, German or French, then a certified Hungarian translation by the National Translation Agency.

Third-country national’s certificate of non-existence of a valid marriage in his/her country of origin, with appostille.

For Hungarian citizens, if they were previously married:

• a final court judgment on divorce
• in the event of death, a death certificate

Proof of Hungarian address, if the 3rd country national does not have this, he/she can obtain it at the Consulate.

2. Documents proving your livelihood

The National Aliens Directorate General examines whether the third-country national has sufficient financial resources to cover his/her subsistence, health care and travel expenses.

Proof of sufficient financial resources can be provided by:

1. the third-country national’s last 6 months’ bank account statement
2. employment contract,
3. savings

It is important to note that, on presentation of proof from a foreign financial institution, a current account balance in the name of a third-country national is acceptable.

What to do if the amount in your current account is insufficient?

The third-country national’s Hungarian spouse must declare that he or she will contribute to the costs of his or her stay in Hungary. The Hungarian spouse must provide proof of income, which may be

1. proof of income
2. last 6 months bank account statement
3. savings

Savings are acceptable if they can be cancelled at any time.

3. residing in Hungary

In the case of property owned exclusively by the spouse of a Hungarian citizen, i.e. 1/1, it is sufficient to provide a declaration of accommodation by courtesy or a declaration that the third-country national will be accommodated in the household for an indefinite period.

In the case of a rental contract, an amendment extended to the third-country national is required on the accommodation declaration form, signed by the owners of the property.

If neither of these is available, the National Directorate General for Aliens will accept any kind of accommodation certificate.

4. Passport

A valid passport is a prerequisite for all procedures, and if you do not have one, it must be replaced or extended as soon as possible.

5. Financial cover for travel

Proof of financial means to cover the cost of the trip is necessary because “no one can be at the expense of the Hungarian state” in the event of a negative decision.

6. Health insurance or adequate financial cover to replace it is available

The National Directorate General for Foreigners also accepts travel insurance regardless of the insurer, but it must be for a period of more than 180 days.

A residence permit for family reunification can be applied for a period of 4 years, renewable for another 4 years. A shorter period may be applied for in certain cases.

Who is entitled to apply for a residence permit for family reunification purposes in Hungary?

Anyone who can prove a family relationship and whose relative is legally resident in Hungary. The burden of proving the family relationship always lies with the client.

How to prove a family relationship if the person is not your spouse?

1. proof of parental relationship:

In accordance with Hungarian law, the birth certificate and its certified translation into Hungarian by the National Translation Agency are required. The adopted parent is also the parent, so it is also possible to provide proof by attaching the adoption decree.

2. Proof of grandparent relationship

The birth certificate of a third-country national already legally residing in Hungary, translated into Hungarian by the official National Translation Office, is required. The Hungarian translation of the birth certificate of the parent of the third-country national, depending on whether he/she is a paternal or maternal grandparent, and the birth certificate of the grandparent who intends to reside in Hungary for the purpose of family cohabitation, and its Hungarian translation.

There are other ways to prove grandparent or parental links, such as DNA testing. Of course, if a certificate issued in a language other than Hungarian is available, a Hungarian translation of the certificate must be attached to the application.

Is it possible to work with a residence permit for family reunification?

It is of course possible, but in any case you must notify the National Directorate General for Aliens. It is done in a single procedure and with the same documents as for work residence permits.

An application for a residence permit for the purpose of family reunification may be submitted by a person whose relative is legally residing in Hungary, i.e. has:

• with a national permanent residence permit
• with a permanent residence permit
• a residence permit for work purposes
• a residence permit for medical treatment
• a residence permit for study or research purposes
• national residence permit
• with a residence permit for the purpose of gainful employment
• have a permanent residence card
• has a temporary residence permit

Family members of persons who have been recognised as refugees or beneficiaries of protection in Hungary may also apply for a residence permit for the purpose of family reunification.

It is important to note, however, that the family member’s permit issued for the purpose of family reunification is always the same as the permit or EU card of the third-country national already residing legally in Hungary.

Harmtv. § 19 (1) ^*  A third-country national who is a third-country national holding a residence permit, immigration permit, permanent residence permit, temporary residence permit, national permanent residence permit or EC residence permit, or a Hungarian citizen, or a family member of a person holding a residence card, permanent residence card or long-term residence card pursuant to a special law (hereinafter referred to as family reunification for the purposes of this §), may be granted a residence permit for the purpose of family reunification.

(2) A residence permit for the purpose of family reunification may be issued to. ^* 

a) a family member of the recognised refugee, and

b) the parent or, in the absence of such parent or parent, the guardian of the unaccompanied minor recognised as a refugee.

(3) Family reunification with a person recognised as a refugee shall not be refused on the sole ground that there is no documentary evidence of the existence of a family relationship.

(4) For the purpose of family reunification, a residence permit may be issued to the sponsor or his/her spouse, or to a person recognised as a refugee ^* 

a) a dependent parent;

b) your brother or sister and your direct relative, if he or she is unable to look after himself or herself because of ill health.

(5) ^*  The spouse of a recognised refugee may be granted a residence permit for the purpose of family reunification if the marriage was contracted before the recognised refugee entered Hungary.

(6) ^*  The spouse of the sponsor shall not be granted a residence permit if the other spouse of the sponsor is in possession of a residence visa or residence permit issued for the purpose of ensuring family reunification.

(7) A family member shall be entitled to continued residence if he/she has not acquired the right of residence under any other title, if five years have elapsed since the first issue of his/her residence permit or in the event of the death of the family member or of the person recognised as a refugee, if the conditions of residence are guaranteed.

(8) ^*  A residence permit for the purpose of family reunification shall be issued to the child of a third-country national born on the territory of Hungary of a third-country national who is in possession of a national visa or residence permit.

(9) ^*  Period of validity of residence permit issued for the purpose of family reunification

(a) up to four years, which may be extended by up to four years on each occasion if the reuniter holds an EU Blue Card,

b) ^*  up to five years, which may be extended by up to five years on each occasion, if the family reuniter is a Hungarian citizen or holds an EC permanent residence permit issued pursuant to Section 38 (1) (b) of Paragraph (1), or

(c) except in the cases provided for in points (a) and (b), for a maximum period of three years, which may be extended on each occasion for a maximum period of three years.

(10) ^*  The period of validity of the residence permit issued for the purpose of family reunification shall not exceed the period of validity of the residence permit of the family reunifier. If the family reunifier holds an EU Blue Card, the period of validity of the residence permit issued for the purpose of family reunification shall be the same as the period of validity of the EU Blue Card of the family reunifier.

(11) ^*  The period of validity of a residence permit issued for the purpose of family reunification shall not exceed the period of validity of the applicant’s travel document, taking into account the provisions of paragraphs 9 to 10.

Question(s) concerning immigration law or residence permit?

We are happy to assist you!

dr. Farkas Gabriella / dr. Dobos István attorney at law

Contact us! dobos@doboslegal.eu Phone / Whatsapp: +3630-3088151