Residence of a family member of an EEA national for more than 90 days within a period of 180 days

If you are a non-EU (third-country) family member of an EEA national and wish to stay in Hungary for more than 90 days within a period of 180 days, this is what you need to do.

Kulcsszavak: residency card permanent residency card address card declaring residence declaring place of residence

As a third-country-national family member accompanying or joining an EEA national, you are entitled to stay in Hungary for more than 90 days within a period of 180 days if any one of the following conditions is met:

The EEA national whom you are accompanying or joining

 

 

If you are the spouse or dependent child of an EEA national, in addition to the above cases you also have the right of residence if the EEA national

 

You may also have the right of residence in Hungary for more than 90 days within a period of 180 days if, in the country from which you are arriving, you were a dependant of, or lived in the same household as, the EEA national who fulfils the residence requirements for more than 90 days within a period of 180 days. This must be authorised by the competent immigration authority.

For the purposes of the above requirements, ‘family members’ means the following categories of persons:

If you meet one of the above conditions and wish to stay in Hungary for more than 90 days within a period of 180 days, you must apply for a residency card from the National Directorate-General for Aliens Policing (OIF) at the regional directorate that covers your future place of residence in Hungary (www.oif.gov.hu), no later than 93 days from the date of entering Hungary or from the fact giving rise to your right of residence (e.g. marriage or childbirth).

As a general rule, you must go along in person to one of the OIF offices, but this requirement may be waived if you are unable to do so due to health reasons.

For minors with no or limited legal capacity, the application must be submitted by the applicant’s legal guardian. If the minor is at least 6 years of age at the time of submission of the application, the minor must go along in person when the application is submitted.

You may also submit your application electronically at www.enterhungary.gov.hu; however you will still then need to go along in person to the OIF office.

You are entitled to permanent residence if one of the following conditions is met:

If the EEA national whom you accompany or join has acquired the right of permanent residence, you are also entitled to permanent residence as their family member.

Applications for a permanent residency card may be submitted at the OIF regional directorate covering your place of residence (www.oif.gov.hu). At the time of submitting the application, you must present a valid travel document or identity card and enclose the documents attesting to your uninterrupted and lawful residence.

The first day of uninterrupted residence in Hungary, unless proven otherwise, is the day on which the EEA national declares his residence of more than 90 days within a period of 180 days or when the third-country-national family member applies for a residency card.

The following do not constitute an interruption of residence:

If the EEA national or the family member ceases to exercise the right of residence in the territory of Hungary, this is considered as an interruption of residence. If the EEA national or the family member has ceased to exercise his or her right of residence in Hungary and returns to Hungary for a period exceeding 90 days within a 180-day period, the period for obtaining the right of permanent residence starts again.

The application for a permanent residency card must be submitted by the third-country-national family member before the residency card expires. If the application is submitted after the residency card has expired and the applicant is unable to provide adequate and fair justifications acceptable to the authorities, the applicant must prove the existence of their right of permanent residence.

There is no statutory sanction for failing to declare residence.

You must declare your residence in Hungary no later than on the 93rd day after your entry into Hungary to the competent regional directorate of the OIF.

If you already have a residency card that was not issued with a validity of 5 years, you can apply for an extension of the residency card. The request for extension must be submitted to the OIF regional directorate of your place of residence (www.oif.gov.hu) no later than 30 days before the residency card expires.

If the residency card was issued with a validity of 5 years and the 5 years have passed, you may apply for a permanent residency card or apply for a new residency card.

 

The regional directorate will assess the application for a residency card or a permanent residency card within 70 days.

When submitting the application for a residency card, you must present a valid travel document and enclose documents attesting to the existence of a family relationship and your right to stay for more than 90 days within a period of 180 days.

The family relationship can be attested by:

A birth or marriage or registrar’s certificate also means an equivalent document issued by a foreign authority.

Please note that an official document drawn up in a foreign country or a private document certified by a foreign court, administrative body, notary or person vested with other public credentials has probative value under Hungarian law only if it has been legalised by the Hungarian foreign representation in the state where it was issued, unless otherwise provided by law, an international treaty or mutual reciprocity. A document issued in a non-Hungarian language may be accepted only if it is accompanied by a certified Hungarian translation (the law may provide for exceptions, see below).

If the EEA citizen you are accompanying or joining is not in possession of a registration certificate or a permanent residency card, you must prove that the EEA citizen fulfils one of the following conditions:

 

 

 

 

Proof of the above may be provided by the following documents:

If the EEA citizen you are accompanying or joining pursues a gainful activity, one of the following documents:

If the EEA citizen you are accompanying or joining is studying, one of the following documents:

If the EEA national you are accompanying or joining is not engaged in a gainful activity, you must prove that they have sufficient financial resources for themselves and their family members not to become an unreasonable burden on the social security system of Hungary for the duration of their stay in Hungary. This can be proved by demonstrating their assets or other income, e.g. bank account balance, pension certificate, proof of maintenance, proof of equity stake or benefit received on the basis of payment of membership fees or regular contributions.

If the EEA citizen you are accompanying or joining does not pursue a gainful activity

 

The application must be accompanied by a declaration of maintenance made by the EEA national in respect of the family member.

 

During the procedure for issuing the residency card, you will also have to declare your first place of residence in Hungary; for this you must submit one of the following documents:

 

When applying for a permanent residency card, you must submit a completed and signed form, present a valid travel document or identity card, and include proof of uninterrupted and legal residence.

In addition to the mandatory annexes, the immigration authority may ask you to submit further documents during the procedure and may, if necessary, carry out other procedural steps (e.g. on-the-spot checks, take evidence from witnesses).

After submitting the application, you can attach any further documents needed following the request for rectification to your application by post or electronically (enterhungary.gov.hu). In exceptional cases, which must be justified with supporting documents, these documents may be submitted in person.

 

If the application is submitted electronically, any requests for documents to be rectified will also be sent to you electronically and the outstanding documents will also have to be submitted this way.

 

The fee for issuing the residency card is HUF 1 500, payable by bank card at the OIF regional directorate. If that is not possible, you can pay the fee at the post office using a ‘yellow cheque’ or cash transfer order (készpénzátutalási megbízás) obtained from your regional directorate, and then submit the payment slip as proof of payment to the regional directorate. If using a yellow cheque, enter your name, date of birth and the following text in the notes (Közlemény) section: ‘Tartózkodási kártya kérelem’ (‘Application for a residency card’).

 

The fee for issuing the permanent residency card is HUF 1 500, payable by bank card at the regional directorate. If that is not possible, you can pay the fee at the post office using a ‘yellow cheque’ or cash transfer order (készpénzátutalási megbízás) obtained from your regional directorate, and then submit the payment slip as proof of payment to the regional directorate. If using a yellow cheque, enter the name and date of birth of the applicant, and the following text in the notes (Közlemény) section: ‘Állandó tartózkodási kártya kérelem’ (‘Application for a permanent residency card’).

Regional directorate of the National Directorate-General for Aliens Policing (Országos Idegenrendészeti Főigazgatóság, OIF). You must contact the OIF regional directorate covering your place of residence in Hungary (www.oif.gov.hu).

If your application for a permanent residency card is rejected, you may challenge the decision. An appeal may be lodged with the authority that has rejected your application within 15 days of receiving notification of the rejection. If you rely on a new fact of which you were aware before the decision was adopted or submit your appeal without providing reasons, or if the appeal is submitted late or not by an entitled person, the first instance authority will dismiss your appeal without examining the merits.

The appeal fee is HUF 5 500, payable by bank card. If this is not feasible, you may pay this fee at a post office by using the cash transfer order (‘yellow cheque’), obtained at the regional directorate, and then submit the torn-off slip of the transfer order to the regional directorate as proof of payment. If using a yellow cheque, enter the name and date of birth of the applicant, and the following text in the notes (Közlemény) section: ‘Állandó tartózkodási kártya jogorvoslat’ (‘Permanent residency card, appeal’).

The period of validity of the residency card of a third-country-national family member of an EEA national is based on the duration of residence of the EEA national who has the right of residence. The residency card is valid for up to 5 years.

A permanent residency card issued to a family member of an EEA national who is a third-country national is valid for 10 years and can be renewed without examining the conditions every 10 years by the regional directorate corresponding to the place of residence.

The procedure for issuing a residency card also involves the registration of the applicant’s first residence in Hungary. For the purpose of issuing the official card proving personal identity and address (also referred to as address card) the OIF notifies the body maintaining the personal data and address register, which issues the address card on the basis of the notification. You will receive the address card by post; you do not need to submit a separate application for it.

However, it is important to know that if you subsequently change your place of residence, it is not the OIF that you should notify but the competent district office responsible for your new place of residence.

The address card must be kept together with the registration certificate and handed over for inspection to any authorised body.

If your travel document, identity card or document attesting to your right of residence is stolen, lost, or destroyed, or if you find a document that you believed to be lost and reported it as such, you are obliged to notify the OIF regional directorate covering your place of residence (www.oif.gov.hu). You will receive a proof of notification.

Third-country-national family members are required to obtain a new travel document instead of using the travel document that was lost, stolen, destroyed or has expired (unless an international treaty provides otherwise). Third-country-national family members may leave the country in possession of a new travel document and an attestation issued on the basis of the above proof of notification to the authority.

 

You are also obliged to notify the OIF regional directorate of your place of residence of the death or a change of name of a family member residing with you, or the fact that the death or the event leading to the change of name occurred outside Hungary.

You must also notify the OIF Regional Directorate of your place of residence of the death of the EEA national you are accompanying or joining, and the divorce or annulment of your marriage with that national; in this case, you will have to prove that the conditions for your continued stay are met. You must also declare if the civil partnership on which the right of residence is based has ceased to exist.

If you stop exercising your right of residence or permanently leave the territory of Hungary, you can notify the regional directorate of your place of residence of this fact, informing them of your next country of habitual residence, and return the document attesting to your right of residence.

You will find the forms required for the exchange and replacement of the (permanent) residency card at the contact details provided.

This notice was prepared on 24 March 2020 in accordance with the legislation in force. For further information, please visit the OIF website.

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Act I of 2007 on the admission and residence of persons with the right of free movement and residence

 

Government Decree 113/2007 (V. 24.) on the implementation of Act I of 2007 on the admission and residence of persons with the right of free movement and residence

 

Decree 25/2007. (V. 31.) IRM on the implementation of Act I of 2007 on the admission and residence of persons with the right of free movement and residence and of Act II of 2007 on the admission and right of residence of third-country nationals

 

Decree 28/2007 (V. 31.) IRM on the fees for procedures relating to the entry and residence of persons with the right of free movement and of third-country nationals

 

OIF SAJTÓ