EEA family member

Article 21 of the Treaty on the Functioning of the European Union provides for the right of EU citizens to move and reside freely in the territory of the member states, the conditions and limitations of which are found in the Treaties and the measures taken to implement them. Such a measure is Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (hereinafter: Directive).

Although the directive mentions EU citizenship, the personal scope of the provision extends to citizens of EEA member states (EU + Iceland, Liechtenstein, Norway) and Switzerland in addition to the previous ones.

The implementation of the directive falls under the internal legal regulation of the member states, that is, the detailed rules necessary for the implementation of the provisions of the directive must be transposed into the national legislation. The national detailed rules prescribed in the directive are set out in Act I of 2007 on the entry and residence of persons with the right to free movement and residence in the Hungarian legal system (hereinafter: Act) and its implementing decree, Act 113/2007. (V.24.) Government Decree (hereinafter: Szmvhr.) is determined.

 

Szmtv. treats as a separate category third-country nationals wishing to enter as a family member of an EEA citizen; however, as of January 1, 2019, it does not cover the short-term entry of family members of Hungarian citizens from third countries.

In case of short-term entry of visa-required family members of Hungarian citizens, their application must be submitted in the II. of 2007. TV. (Harmtv). must be judged on the basis of, they can be granted a C-type visa. The application must be evaluated according to the rules of the regular visa procedure, and therefore no preferential conditions apply to them in terms of the range of supporting documents, the visa fee, and the procedural deadline.

Who is considered an EEA family member?

  • Spouse of an EEA citizen (after registration in the respective Member State!)
  • An EEA citizen or his or her spouse under 21 or a dependent descendant
  • if the Szmtv. does not provide otherwise, the dependent ancestor of the EEA citizen or his spouse
  • a person with parental rights over the minor EEA citizen
  • Registered partner of an EEA citizen

When does the directive not apply even though we are talking about an EEA family member?

If the apllicant travels alone and the purpose of entry is not to visit a family member of the EEA citizen, but e.g. business, tourist, official.

Procedural facilitations for EEA family members:

  • exempt from paying the visa fee
  • it is not necessary to submit a document to prove accommodation and proof of income, insurance