Hungarian Citizenship by descent

SimCityAT wrote:

This topic has been covered a number of times, It would be best if you look through the forum first then if you have any particular questions then come back to us.

You can Search the Forum HERE

Just to echo that, there's apparently a Facebook group for it too.  It's in the search results.  Couple of posters in these forums look like the absolute experts on the subject.  If you can speak Hungarian to a good degree, you'd be accepted pretty quickly I'd have thought. But ask in the forums.

Chantebooysen wrote:

Thank you. Yes South Africa is not the best place to live atm. Would it be easier for me to get a work visa ?

If your other half gets a HU passport, then you as the spouse will be entitled to live with your other half in Hungary with no pre-conditions.   You need to be married or in a registered partnership (doesn't matter what gender your other half identifies as).   

According to the EU web site, you can also work there (whichever EU country you want if you accompany your spouse - doesn't have to be Hungary) without restrictions and can be treated equally as though you were a local. 

But don't ask us lot, just look yourself:

Europa non-EU spouse rights

Note:  this may no longer apply to the UK post-Brexit.

fluffy2560 wrote:

... without restrictions and can be treated equally as though you were a local.  But don't ask us lot, just look yourself:

Europa non-EU spouse rights

just for clarification, that page is for mainly Non-EU spouses ability to move to another EU country with their spouse. Not about Entering the EU.

"If you are married or in a registered partnership with an EU citizen (In this case, a citizen from the 28 EU member states + Iceland, Liechtenstein and Norway.) that is living, working, studying or looking for a job in an EU country different from the one they come from, EU rules make it easier for you to join them there. "

To get into the EU is different, even with an EU (i.e Hungarian) spouse. As the web site also says when simply joining the spouse in their EU country of origin:

"In this case, only national immigration rules apply. "

You have to go through immigration. You have to prove you can support yourself, etc. etc. etc. It is not that simple to get into the EU. There are family reunification laws, but they are not a guarantee for non-EU spouses. And even when here, one does not get a automatic permanent residence visa. That can take up to 5 years to get. And employers may not be interested in hiring someone who does not have permanent residence.

klsallee wrote:

fluffy2560 wrote:

... without restrictions and can be treated equally as though you were a local.  But don't ask us lot, just look yourself:

Europa non-EU spouse rights

just for clarification, that page is for mainly Non-EU spouses ability to move to another EU country with their spouse. Not about Entering the EU.

"If you are married or in a registered partnership with an EU citizen (In this case, a citizen from the 28 EU member states + Iceland, Liechtenstein and Norway.) that is living, working, studying or looking for a job in an EU country different from the one they come from, EU rules make it easier for you to join them there. "

To get into the EU is different, even with an EU (i.e Hungarian) spouse. As the web site also says when simply joining the spouse in their EU country of origin:

"In this case, only national immigration rules apply. "

You have to go through immigration. You have to prove you can support yourself, etc. etc. etc. It is not that simple to get into the EU. There are family reunification laws, but they are not a guarantee for non-EU spouses. And even when here, one does not get a automatic permanent residence visa. That can take up to 5 years to get. And employers may not be interested in hiring someone who does not have permanent residence.

We don't actually know if the OP wants to come to Hungary or just be in the EU.

The page on Europa.eu I put up has a selection box to decide if the non-EU citizen is joining the EU-citizen in their country of origin or another EU country,   I assumed they would want the most advantageous position.   Just to clarify, it's far better NOT to join the EU-spouse in their country of origin but another EU country (for example, English speaking countries like Ireland, Malta, Cyprus etc).  Then the EU rules would apply over national law.

This came up a while back and there have been a couple of court cases over it - one in Romania - and I think one ongoing or possibly resolved in Northern Ireland.   That NI one is really interesting from my perspective - click here.

fluffy2560 wrote:

Then the EU rules would apply over national law.

Well, no. Rather, it depends.

What I was saying is you gave the wrong link about working in the EU for non-EU spouses. Because.... actually.... it depends. Often on the nationality of the spouse.

Here is a better link with more particulars (yes, you were right, they have a right to work, if they are allowed in as a member of an EU family member -- - but as I said "rights" and "reality" are not the same):

https://ec.europa.eu/social/main.jsp?ca … ;langId=en

That is.... as with any National and EU issue (cough ..... bureaucracy) it is never "simple".

FWIIW --- As a non-EU spouse, I had to deal with this. I have had to deal with immigration. I have had to prove many things, I have been through the wringer..... Have you?

fluffy2560 wrote:

We don't actually know if the OP wants to come to Hungary or just be in the EU..

Hmmmm.... Did you miss this in the original topic post:

Me and my husband are looking to immigrate to Hungary

klsallee wrote:

fluffy2560 wrote:

Then the EU rules would apply over national law.

Well, no. Rather, it depends.

What I was saying is you gave the wrong link about working in the EU for non-EU spouses. Because.... actually.... it depends. Often on the nationality of the spouse.

Here is a better link with more particulars (yes, you were right, they have a right to work, if they are allowed in as a member of an EU family member -- - but as I said "rights" and "reality" are not the same):

https://ec.europa.eu/social/main.jsp?ca … ;langId=en

That is.... as with any National and EU issue (cough ..... bureaucracy) it is never "simple".

FWIIW --- As a non-EU spouse, I had to deal with this. I have had to deal with immigration. I have had to prove many things, I have been through the wringer..... Have you?

Anyways, yes, and it looks like I will have to do it again post-Brexit unless I get some other short cut (or I'll short circuit)!

I probably clicked the link and cut and paste  lazily without being careful.  It's one of those things - ask the right question, get the right answer.

But first time it was a long time ago back in the 1990s.  They weren't unpleasant but they were pretty hard faced and miserable with no service training over why I was there.  They still hadn't got over the Communist thinking and they weren't very used to open borders etc.   Luckily I was sponsored by someone with a very large amount of clout.  I was very much an observer rather than an active participant. I nodded at the right moments when nudged.

I was thinking the OP wanted just wanted to come into the EU on the HU passport and maybe didn't actually speak Hungarian so would prefer to go somewhere else like NL or IRL or DE etc where it's a bit more organised.  It's bit of weird one - the spouse has to be in country for some years to get their own rights and the path to citizenship (at least in the UK) is about 7 years and on the way, permanent residence after 5 years.   If they split up, the non-EU spouse doesn't have to leave that country but if they wanted to move EU country on their own, couldn't do it because their presence is specific to the EU-citizen.   Some idiot had to think of all this up.

But anyway, all they need is for the EU citizen to assist on their behalf.  There's info on Europa.

klsallee wrote:

fluffy2560 wrote:

We don't actually know if the OP wants to come to Hungary or just be in the EU..

Hmmmm.... Did you miss this in the original topic post:

Me and my husband are looking to immigrate to Hungary

I did read it but I wasn't sure if it was just because of the HU passport rather or to get to the EU.  I suppose all their questions have now been answered.   

Personally if I was new to the EU, I'd rather go somewhere easy and comfortable like NL or DE than come here - But I'm a bit of a stick in the mud these days.