Can non-married partners or adult dependents be included in family reunification in Hungary?

Family Reunification in Hungary for Non-Married Partners and Adult Dependents #

Family reunification in Hungary is primarily governed by the Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals (Immigration Act). The general rules focus on nuclear family members, but there are specific considerations for non-married partners and adult dependents.

General Rules for Family Reunification #

According to the Hungarian Immigration Act, family reunification typically applies to:

• Spouses: Legally married partners.
• Minor Children: Dependent children under the age of 18.

Non-Married Partners #

The inclusion of non-married partners in family reunification is more complex and less straightforward than for spouses. Hungarian law generally recognizes registered partnerships, but the rights and recognition may vary depending on the specific circumstances.

Key Considerations:

• Registered Partnership: If the partnership is officially registered in a country where such registration is legally recognized, it might be considered favorably. However, this does not automatically grant the same rights as marriage.
• Proof of Relationship: You will likely need to provide substantial evidence of a durable relationship. This might include proof of cohabitation, shared finances, joint property ownership, and a history of a committed relationship.
• Discretionary Review: Hungarian immigration authorities have significant discretion in these cases. Each application is assessed individually.

Adult Dependents #

Including adult dependents (e.g., parents, adult children) in family reunification is generally more restricted. The primary focus is on the nuclear family.

Key Considerations:

• Dependency: Adult dependents can only be included if they are demonstrably dependent on the sponsor (the person already residing legally in Hungary) due to health reasons or other significant life circumstances. This dependency must be substantial and proven.
• Financial Support: The sponsor must prove they can financially support the dependent without relying on public funds.
• Exceptional Circumstances: These cases are typically considered under exceptional circumstances and require a strong justification.

Required Documentation #

Regardless of whether you are applying for a spouse, non-married partner, or dependent relative, you will generally need the following documents:

• Application Form: Completed application form for a residence permit.
• Passport: Valid passport.
• Proof of Relationship: Marriage certificate, registered partnership certificate, birth certificates (for children), or other documents proving the family relationship.
• Proof of Accommodation: Document proving accommodation in Hungary (e.g., rental agreement, property deed).
• Proof of Financial Resources: Documents proving sufficient financial resources to support the family members.
• Health Insurance: Proof of comprehensive health insurance coverage.
• Clean Criminal Record: Certificate of good conduct (police clearance certificate).

Application Process #

1. Submission: Applications are typically submitted to the Hungarian embassy or consulate in the applicant’s country of origin or legal residence.
2. Interview: An interview may be required.
3. Decision: The immigration authority will review the application and make a decision.
4. Appeal: If the application is rejected, there is usually an option to appeal the decision.

Official Resources and Links #

For the most accurate and up-to-date information, please consult the following official resources:

• National Directorate-General for Aliens Policing: The official immigration authority in Hungary. Check their website for the latest regulations and application procedures.
• BMBH Official Website
• Hungarian Immigration Act (Act II of 2007): Review the specific provisions of the Immigration Act.

Important Notes #

• Legal Advice: Given the complexities, it is advisable to seek legal advice from an immigration lawyer in Hungary.
• Regulations Change: Immigration regulations can change, so always verify the latest requirements before applying.