Work permit in other EU country with Hungarian residency card

Dear all,

I have some queries with regards to Hungarian residence card. I may apply for it in December.

It would be great if some of you already went through this procedure and can give some valuable feedback.

#How much time the Hungarian authority need to issue the residence card after the      submission of the application?
#During the application period, is the applicant allowed to work?
#After getting the Hungarian residence card, Is the applicant allowed to work in other EU countries? and what is its validity?

I am an Indian citizen and my wife is a Hungarian national.

Thank you.

Cheers,
seeker

jack29 wrote:

#How much time the Hungarian authority need to issue the residence card after the      submission of the application?


Depends on how fast you provide all the correct paperwork. I had to go back a few times and my process took about 3 months.

jack29 wrote:

#During the application period, is the applicant allowed to work?


Until you have a residence AND a work visa you are still on whatever visa you currently have. If your current visa is a work visa and it is still valid you can work. Else, no you can not work (legally).

jack29 wrote:

#After getting the Hungarian residence card, Is the applicant allowed to work in other EU countries? and what is its validity?


A residence visa is not necessarily the same as a work visa. So, you can apply for and receive a residency permit, but still not have a legal right to work in that EU country in which you received residency. This is especially common with "family re-unificaiton" visas as the main claim is to stay with your spouse, not necessarily to work. So you need to make sure if you want to work in Hungary when you apply for your residency permit that it includes also working right (which is more difficult to get). And even then, if you wish to work in another country you have to be aware that all EU rules apply as well as specific country rules. Even for EU nationals, if they stay in any country more than 3 (or is it 6?) months they must report this as a change in residency. And in your case, you may have to re-apply all over again as a Non-EU national for residency in another country to work and live if you are there for more than 3 months.

klsallee wrote:

.... Even for EU nationals, if they stay in any country more than 3 (or is it 6?) months they must report this as a change in residency. ...


Depends what you mean as a "change in residency" with regard to EU nationals.   

In my own country (UK), there's no requirement to report to any central authority about one's presence - there's no person registration system. On the other hand, working does require registration if one would fall into the tax/social security rules or be liable for say, local government taxes.  But there's no-one to report to about just being there. 

As far as I know, the rules are exactly the same for EU as nationals in any EU country. So for example, in Austria, locals have to register with the authorities (Meldeamt - Reporting Office) if present for more than 3 days. Same rules for EU (or any other nationals).  However, hardly anyone does that because it's just stupidly absurd to mess around if you are say, just visiting a friend for a few days.  They are supposed to register you, but they don't usually bother. 

The UK tried to have person registration and ID cards but it was extremely unpopular, compared to Nazi Germany and introduced a lot of bureaucracy which was rejected by the electrorate. However, the government is trying to sneak it back in by using banks as trusted proxies to "verify identity" from various databases. Remains to be seen if  they get it to work by default because of apathy of the voters.

fluffy2560 wrote:

[Depends what you mean as a "change in residency" with regard to EU nationals.


If I am not clear, I always consider it is my fault. So to clarify, my comments on this were indented to be under "employment" related residency issues. But, for what it is worth, I did mention to review country specific laws.

klsallee wrote:

If I am not clear, I always consider it is my fault. So to clarify, my comments on this were indented to be under "employment" related residency issues. But, for what it is worth, I did mention to review country specific laws.


Yes, ok, fair enough.  You're right about the employment.  EU nationals don't actually need to work in another EU country to go there and hang around for 6 months at a time (assuming they have money to support themselves). After 6 months, it starts getting dodgy because one would fall into the OECD 180 days tax residency criteria (all EU countries follow the OECD tax model). Once involved with that, you get registration with the civil authorities, tax, social security and health services (for EU nationals same as for locals) etc.  I'd say once an EU national reaches the 180 days in country, then it's "change of residency". Doesn't matter about being employed.  Being employed in another country is not necessarily residency.  One can work for an overseas employer in another country, e.g. physically work in Spain but be employed in say, Germany.  The criteria is usually set by a number days in country, habitual centre of family life, connections and domicile (but not passport) etc etc. Local thing in HU is to register with the authorities after 90 days (even EU nationals).  However, since it's all Schengen, I'm pretty sure people don't bother if they are really mobile and crossing borders regularly. Once in the Schengen zone, they can go anywhere without too much trouble (at least by road).

You are allowed to remain in the EU for up to six months as a tourist, without the right to work.

The UK electorate has never voted on the issue of ID cards, and I never heard them being compared to Nazi Germany. UK subjects had to carry national registration cards during wartime and did not complain. It's actually quite helpful to have Hungarian ID, as it saves carrying my UK passport, with an out/of/date address. Implementation in the UK was dropped due to cost at the time of the financial crisis. No other reason.

HungaryDragon wrote:

The UK electorate has never voted on the issue of ID cards, and I never heard them being compared to Nazi Germany. UK subjects had to carry national registration cards during wartime and did not complain. It's actually quite helpful to have Hungarian ID, as it saves carrying my UK passport, with an out/of/date address. Implementation in the UK was dropped due to cost at the time of the financial crisis. No other reason.


Sorry but this is total tosh. 

The UK did vote by electing Cameron and Co who immediately dismantled the whole Blunkett/Labour inspired monstrosity.    ID cards were definitely compared to Nazi Germany (usually by using the phrase "Ausweis bitte!").  Regarding the registration cards in WW2, people did certainly complain.

Take the  definitive case of Mr Clarence Willcock and I quote now directly from UK parlimentary Constitution committee records (my highlighting):

"....Wartime identity cards, when introduced in 1939, had just three administrative functions: national service, national security and food rationing. Within 11 years this had risen to 39, and showing your identity card for the most trivial of purposes had become routine.

  This began to unravel on 26 June 1951, due to the defiance of one man: Clarence Willcock. Mr Willcock refused to produce his ID card when stopped by a police officer. Lord Goddard, Lord Chief Justice, summing up in the resulting appeal court case said;


"To use Acts of Parliament, passed for particular purposes during war, in times when the war is past—tends to turn law-abiding subjects into lawbreakers, which is a most undesirable state of affairs".

As a result, in 1952, as Winston Churchill abolished the last compulsory ID scheme in Britain. ...."

And finally, UK passports do not have addresses so there's no "out of date" addresses to be had from them by anyone. They never have had addresses as far as I know and I'm old enough to have owned one of the old blue hand written ones.

HungaryDragon wrote:

You are allowed to remain in the EU for up to six months as a tourist, without the right to work.


True, but not a full and complete bit of information. Citizens of countries that have visa free rights (such as US citizens) can visit Europe and EU countries for up to 6 months per year. But can not remain more than three months at a time on a simple tourist visa. If you want to extend your visit to 6 months, you have to exit the EU/Schengen area and then re-enter.

If you receive permit to work in Hungary it only means you can work in Hungary. You cannot work in any other EU country. If your wife accepts job in another EU country and you follow her there you will receive residency permit and work authorisation in the country where your wife works and resides. Provided your Hungarian wife has HU passport and thus an EU citizen. If you are both citizens of non-EU countries all bets are off and you are regular immigrants with no fast-track permits for anything.

You need to stay in any EU country for 4-5 years continuously in order to apply for citizenship. Only EU citizenship will grant you right to work in any EU country without special permits or visas. Absolute majority of EU citizenships include language examination, so start brushing up on your Hungarian pronto mi amigo.