Can a Third-Country National Who Is a Spouse of an EEA Citizen Apply for a Golden Visa?

Right of Free Movement and Residence for EEA Citizens and Their Families

According to Act XC of 2023 on the General Rules for the Entry and Stay of Third-Country Nationals, individuals (including dual citizens) who benefit from the right of free movement and residence are not eligible for the golden visa program. This includes EEA citizens and their family members, such as spouses, who accompany or join them in Hungary.

A third-country national spouse of an EEA citizen generally derives their residence rights in Hungary from their family relationship under Act I of 2007 on the Entry and Stay of Persons with the Right of Free Movement and Residence. This law grants the spouse residence rights similar to those of the EEA citizen, provided the relationship is recognized and meets the criteria outlined in Hungarian law.

Independent Eligibility for the Golden Visa

If a third-country national spouse of an EEA citizen wishes to apply for a Golden Visa independently—without leveraging their marital status or their spouse’s citizenship—their application will be assessed purely on their personal investment capacity and compliance with Hungarian immigration laws. However, this approach carries significant risks, particularly if the individual’s residency status comes under scrutiny.

The Hungarian immigration authority may deny or revoke a residence permit if the applicant fails to meet the necessary criteria or is found to have provided false information or misled authorities during the application process. Additionally, the authority can impose expedited removal orders or deny voluntary departure timelines in cases where the individual's presence poses a threat to public security, national security, or public health.

Potential applicants should also consider the legal ramifications, such as the mandatory refusal or revocation of permits if they fail to meet specific legal requirements outlined in Hungarian immigration law, including financial stability, genuine intent for residency, or health compliance. Independent applications must be carefully planned and reviewed to avoid legal and procedural complications.

Who are EEA citizens?

EEA citizens are individuals who hold citizenship in any of the countries that are part of the European Economic Area (EEA). The EEA comprises all 27 European Union (EU) member states, along with three countries from the European Free Trade Association (EFTA): Iceland, Liechtenstein, and Norway. This arrangement allows these nations to participate in the EU's single market, facilitating the free movement of goods, services, capital, and people among them.

It's important to note that Switzerland, while a member of EFTA, is not part of the EEA. However, through bilateral agreements with the EU, Swiss nationals enjoy similar rights to live and work in EEA countries.

Therefore, EEA citizens include nationals from the following countries:

EU Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.

EFTA Member States within the EEA: Iceland, Liechtenstein, and Norway.

These citizens benefit from the rights and privileges associated with the EEA agreement, particularly concerning mobility and economic activities within the EEA region.

Conclusion

Under EU regulations, family members of EEA citizens, including spouses from non-EEA countries, are entitled to certain residency rights when accompanying or joining their EEA family member in an EU member state. These rights are typically more straightforward and less financially demanding than those associated with investment-based residency programs like the Golden Visa. Therefore, a third-country national married to an EEA citizen may not need to pursue the Golden Visa route to reside in Hungary.

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