Family Reunification Visa+Residence Permit in Hungary for LGBT Couples

Family Reunification For Guest Investors In General

In Hungary, family reunification provisions apply to third-country nationals, including those participating in the Golden Visa program as guest investors. While family reunification often centers around economic contributions, it is fundamentally intended to ensure that families can live together, supporting social cohesion and well-being for immigrants.

Under Act XC of 2023 on the admission and residence of third-country nationals, the following are considered family members, and as a result can travel to and reside in Hungary:

• the spouse;
• the joint minor child, including adopted and foster children, of the investor and their spouse;
• the minor child, including adopted and foster children, of the investor, where the investor has parental custody and the children are dependent on him or her;
• the minor child, including adopted and foster children, of the spouse where the spouse has parental custody and the children are dependent on him or her.

 The following relatives of the investor or their spouse may be granted a residence permit on the grounds of family reunification:

• their parents who are dependents; and
• their siblings and relatives in the direct line, if they are unable to provide for themselves due to health reasons.

Are Gay or Lesbian Married Couples Eligible For Family Renification?

According to Hungarian law, specifically the Act XC of 2023 on the entry and residence of third-country nationals, a foreign national with a valid marriage certificate from abroad may apply for a residence permit for family reunification. This statute broadly defines a "family member" as the spouse of a third-country national who holds a residence permit in Hungary, without explicitly discriminating based on the gender of the spouses. 

Moreover, Government Decree 35/2024 allows foreign-issued marriage certificates to be used as proof of marital status, provided they meet Hungarian validation standards.

Nevertheless, challenges arise due to Hungary’s constitution and 2017 Act XXVIII on Private International Law, which restrict marriage recognition based on Hungarian legal definitions. Specifically, for applicants with Hungarian citizenship or dual nationality, Hungarian law (which prohibits same-sex marriage) would prevail over foreign marriage recognition, blocking family reunification for these couples. For non-Hungarian same-sex spouses, however, there is room for interpretation in favor of reunification, as these cases are evaluated under the Third-Country Nationals Act rather than family law.

How to Prove Family Ties for the Purpose of Family Unification

To prove family ties for the purpose of family reunification under the Hungarian Golden Visa program, guest investors need to submit specific documentation. Here’s a breakdown of the documents typically required to establish the familial relationship:

• Marriage Certificate: If the applicant is a spouse, a marriage certificate is usually required. For marriages conducted abroad, Hungary accepts a foreign-issued equivalent document, although same-sex marriages may be recognized as registered partnerships instead.
• Registered Partnership Certificate: For same-sex couples who formalized their partnership in a country where registered partnerships are legally recognized, this certificate can serve as proof. Hungary acknowledges registered partnerships as a form of family tie similar to marriage for the purposes of residence permits.
• Birth Certificate: For minor children applying as family members, a birth certificate is needed to establish the parent-child relationship. This document must clearly state the parent(s) to verify the connection to the guest investor.
• Adoption Documentation: If the child is adopted, an adoption certificate or legally equivalent document is required to confirm the familial bond.
• Other Evidence of Dependency: For adult children, parents, grandparents, or other family members who are financially or physically dependent on the guest investor, additional documentation such as medical records, financial dependency affidavits, or court records may be necessary to prove the nature and extent of their reliance.
• Additional Proof of Cohabitation: In cases where the relationship needs further corroboration, authorities may request documents proving joint residency, shared financial responsibilities, or other forms of evidence that substantiate the family connection.

Public Policy Considerations in Family Renification for Same-Sex Couples

In Hungary, public policy (közrendvédelem) plays a crucial role in determining the applicability of foreign laws within its legal system, particularly when these laws conflict with Hungarian values and constitutional principles. The 2017 Act XXVIII on Private International Law includes a "public policy clause" that allows Hungarian authorities to refuse the application of foreign law if it would severely violate the fundamental values and constitutional principles of Hungary. This clause has significant implications for the recognition of same-sex marriages, as the Hungarian constitution defines marriage strictly as a union between a man and a woman.

In practice, this means that Hungarian authorities might deny certain rights typically granted to family members if they believe it would contradict the country’s constitutional values. For example, foreign same-sex married couples seeking family reunification in Hungary may face obstacles if authorities deem their union incompatible with Hungary's public policy. Consequently, while immigration laws permit family reunification based on foreign-issued marriage certificates, public policy considerations may still restrict these rights, particularly if authorities interpret the marriage as violating Hungarian legal norms.

Can Marriage Be Recognized as Registered Partnerships for Same-Sex Couples to Avoid Public Policy Considerations?

While marriage in Hungary is strictly defined as a union between a man and a woman, the 2009 Act XXIX on registered partnerships allows same-sex couples to establish legally recognized partnerships. For same-sex couples who are foreign nationals, this distinction raises questions about whether their foreign marriages might be recognized as registered partnerships within Hungary.

The provisions of Section 3, Paragraph 1(a) suggest that, unless otherwise stated by the law or specifically excluded, the rules applicable to marriage should be appropriately applied to registered partnerships. This clause can provide a legal basis for treating certain aspects of registered partnerships similarly to marriage. This could imply that, in specific legal contexts, such as residency or family unification for foreign nationals, certain marriage-related rights might also be extended to same-sex couples in registered partnerships, unless explicitly excluded by other laws.

Conclusion

Under Act XC of 2023, a third-country national family member of a residence permit holder qualifies for a family reunification permit. Typically, this includes the spouse of the permit holder, their minor children, and other dependent relatives. For opposite-sex couples, a marriage certificate is generally accepted as proof of relationship. However, same-sex marriages or partnerships, though eligible under the law’s definition of "spouse," often encounter legal hurdles due to Hungary's stance on recognizing same-sex marriages conducted abroad.

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