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What is the residence permit for the purpose of family reunification?
Non-EEA nationals accompanying their family members arriving in Hungary for long-term stays (more than 90 days) must have a residence permit. The type of permit that is suitable for them is a residence permit for the purpose of family reunification.
Who can apply for a residence permit for the purpose of family reunification?
Non-EEA citizens who wish to live in Hungary with a non-EEA citizen or Hungarian family member who has own right of residence can apply for a residence permit. In most cases, these are dependent family members.
For non-EEA nationals, the appropriate type of permit for family members of EEA nationals is a residence card.
The law determines the family relationship on which a residence permit for the purpose of family reunification can be requested:
- married spouse (‘spouse’ family member category also includes same sex couples having a registered partnership defined in Act XXIX of 2009)
- a minor child, who may be a child of the provider or spouse, or a common child of the couple (including adopted and foster children)
- a person living in the same household as a minor Hungarian citizen and having parental custody of the child
- dependent parent or dependent parent of spouse
- sibling or other direct relative of the supporter or the spouse who is dependent due to medical condition
Based on legal restrictions, not all residence rights grant the possibility for family members to joing. A residence permit for the purpose of family reunification cannot be applied for if the provider has one of the following permits:
- Permits of the guest worker category (residence permit for employment, guest worker permit, seasonal work or employment for the purpose of investment)
- White card
- Study or training permit
- Job seeker or business start-up permit
- Traineeship permit
- Permit for the purpose of carrying out voluntary activities
- guest-self-employment permit, in the first year after the permit is issued
What does a family reunification permit entitle to?
The permit entitles its holder to stay in Hungary during the period of validity.
The holder of the family member permit is entitled to switch to another type of permit in Hungary.
It is also possible to work with a residence permit for a family member, if the application procedure also included work, i.e. the residence application for the purpose of a family member was assessed by the Immigration Office within the framework of a merged application procedure. It is possible to work at a specific employer, place of work and position with a residence permit issued for family members within the framework of a merged procedure.
How long is a family reunification permit valid for?
The family member’s permit may be requested for a maximum of 5 years, depending on the validity of the supporter’s residence permit, and may be extended by a maximum of 5 years at a time.
If the applicant wishes to work in possession of the family member permit, the validity of the issued permit will be determined by the authority based on the planned length of the employment relationship, but even in this case no longer than until the validity of the supporter’s permit.
In addition to the above, the validity of the permit is also influenced by the applicant’s passport: the permit for the purpose of family reunification may be valid until the date of expiry of the passport at the latest.
When considering the application for a permit, the authority is entitled to limit the permit to a shorter period than the requested time, if it considers it justified on the basis of any circumstances (e.g. financial means, health insurance, housing).
Application process
If the applicant is not present in Hungary, the first application is submitted in person at the Hungarian consulate located in his/her country of origin or residence.
If the applicant is a citizen of a visa-free country and enteredHungary as a tourist, the first application can be submitted online, through the EnterHungary website of the immigration office.
If the applicant is already in Hungary and renews his/her permit, he/she must submit his/her application for extension online. The request for extension shall be submitted no later than 30 days before the expiry of the period of validity.
The application for a residence permit for the purpose of family reunification may also be submitted by an employer without the applicant’s personal presence if this possibility is granted for supporting family member also – in this case, the application must be submitted through the EnterHungary website of the Immigration Office.
The processing period for applications for residence permits for the purpose of family reunification is 21 days. If the application also covers employment, the assessment period is longer, 70 days. The processing time of an application of a spouse of a Hungarian citizen that includes employment is 21 days.
Employment with a residence permit for the purpose of family reunification
In possession of a residence permit issued based on a marital relationship for the purpose of family reunification, it is possible to work if the permit procedure also covered employment.
The right to work can be applied for an existing/planned local employment contract with a domestic employer, in which case the application can be submitted in possession of a specific job offer, based on a prior agreement for a specific employer, place of work and position.
In the case of employment with a family reunification permit, the requirements of a type of permit related to employment (for example EU Blue card, Hungarian card) must also be met in terms of job details and educational qualifications.
If there is a change in employment data (position, place of work) or a change of job, the employee must apply for a new permit, which can be any type of work permit. Only after the immigration office approval decision has been issued can the work start under the new terms and conditions of employment or with a new employer.
Possibility of long-term stay
The holder of a residence permit for the purpose of family reunification may apply for a right of permanent residence (National residence card, EU residence card) in Hungary if the related conditions are met.
If you need help applying for a residence permit, please contact our office using the contact details on the website.
Official information about the application process and the necessary forms can be found on the website of the National Directorate-General for Aliens Policing.
Information on the processing fees for licence applications can be found here.
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