Non EU married to Hungarian Citizen

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Non EU married to Hungarian Citizen

Postby Hisham » Thu Jun 18, 2009 7:04 am

I would like your feedback concerning a visit visa to Hungary (EU membership)
I am an Egyptian citizen married to a Hungarian citizen and we both settle in Egypt, she only goes to Hungary for visiting her family in holidays (twice a year)... My question is how can I apply for a visit visa and join her for a week visit there, but the point is that I have a previous rejected visa from Hungary before marriage and that affected any request for a schengen visa for Europe
Can you please lead me to the right process?

Hisham
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Postby Directive/2004/38/EC » Thu Jun 18, 2009 12:53 pm

Your spouse is Hungarian. If you apply for a visa to visit her country (Hungary), then you do it according to (Hungarian) law. If you apply for a visa to visit any other European country, you will do it on the basis of European law.

So if you are going to fly to Hungary via Frankfurt, best to apply for a German visa. It should be issued for free, on the basis of an accelerated process. And they have no right to refuse you based on your earlier refusal.
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Postby Hisham » Thu Jun 18, 2009 1:18 pm

but if I apply for a visa via Germany, it will be refused as it is a schengen visa and since Hungary is a member then they will refuse it again, but is the situation now different after I got married to an EU citien (Hungary)?
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Postby Directive/2004/38/EC » Thu Jun 18, 2009 1:34 pm

The situation is very different if you are married to a EU citizen and will be travelling with them to a country other than their own. If those conditions are true, and the marriage is a legitimate marriage, the visa can only be turned down on national security grounds, on BIG public policy grounds, and on BIG public health grounds.
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Postby Hisham » Thu Jun 18, 2009 3:21 pm

sorry, but another question, if I get all the documents required for applying a visa in addition to the marriage certificate translated to the Hungarian language and any other requirments like bank statement and a letter from my company then go to the Hungarian embassy with my wife and apply for a visa just for a visit, will there be a possibility that my request will be rejected from them again? and how can my wife play a role in that as she wants me to visit her country and family there? Does she have to make me an invitation?

Sorry for bothering again, but the point is that I really want to make few days visit and my wife and me will return back to settle here in Egypt, not plans for working or staying in Hungary..
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Postby Directive/2004/38/EC » Thu Jun 18, 2009 3:41 pm

You can apply. They will likely charge you for the visa application. And may reject it. Or maybe they will be reasonable.

Any other embassy is required, by law, to be reasonable with your visa.

Call them and talk with them!
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Postby Hisham » Thu Jun 18, 2009 3:47 pm

so final question, what enbassy do you think I should apply for? and if I apply will it be a schengen? in this case, Hungary might also refuse?
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Postby Directive/2004/38/EC » Thu Jun 18, 2009 4:01 pm

I would personally not bother applying to Hungary.

How do you or your wife normally fly to Hungary? If via Germany, then get a visa from them. Or from the Czech Republic.

Be sure you are very clear on your visa application to note that you are “the husband of an EU citizenâ€
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Postby Hisham » Thu Jun 18, 2009 4:03 pm

there is a direct flight from Cairo to Budapest and vice versa, but really dealing with the hungarian embassy is something terrible, they trust nobody.... by the way, my marriage certificate is only in arabic and hungarian language... will they understand it in the german embassy for example?
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Postby Directive/2004/38/EC » Thu Jun 18, 2009 4:17 pm

Give the German's a try. If they are unhappy about the marriage certificate, then they will tell you. Maybe it is worth getting a translation into English, as most embassy staff should undersand that.

Keep us informed, but hopefully it will be smooth!

See Right of Union citizens and their family members to move and reside freely within the Union: Guide on how to get the best out of Directive 2004/38/EC at the link below
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Postby 86ti » Fri Jun 19, 2009 7:48 am

Why have you been rejected a visa? You may get a visa from another country but entry to Hungary could in principle still be excluded.
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Postby Hisham » Fri Jun 19, 2009 7:50 am

till now it is not clear, but what my wife told me and she is hungarian, that in Hungary they usually do this.... I mean without a reasonable or a logic reason...
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Postby 86ti » Fri Jun 19, 2009 8:00 am

If I read the Common Consular Instructions correctly than an applicant does not need to be informed about the reason of refusal if national law doesn't provide for it...
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Postby Hisham » Fri Jun 19, 2009 8:02 am

yes I know that, and this is exactly what they did
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Postby Directive/2004/38/EC » Fri Jun 19, 2009 8:09 am

But if he applied to another EU country, he would need to be informed of the reason for rejection. And it can only be one of a few possible reasons.
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Postby Hisham » Fri Jun 19, 2009 8:11 am

that's why I guess my only choice is to make it to the Hyngaian embassy but adding the marriage certificate to my application
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Postby tanveer930 » Sat Jul 25, 2009 12:29 pm

Dear Hasim
my partner is from Hungary as well and we live in UK. i am marrying her this November. Why don't u register ur marriage with Hungarian Embassy it will help u get the Hungarian resident permit which will lead u to free movement in hungary..

http://www.mfa.gov.hu/kulkepviselet/UK/ ... mation.htm
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