EU Grandparents

OK, This question goes out mainly,to our in house immigration officials
My husbands father is Hungarian but he is dead. My husbands grandparents are Hungarian but still alive here in the US. I know they qualify for EU citizenship would he also because of grandparents? And I because of spouse?
Let me know, if I found loop hole, or back to the drawing board.
Thanks

If his father didn't renounce, then it's an open and shut case under jus sanguine.  Grandparents are irrelevant.  Done.

I don't know what you are talking about as an "open and shut" case. This has to do with the citizenship laws of Hungary, not the UK. Being an EU Citizen is a natural consequence of being the citizen of a Member State of the EU, it is not a matter of qualifying, you either are or you are not.

I attach more info on Hungarian citizenship (this was from 2005 and I don't know if it has changed).

HUNGARY
CITIZENSHIP: Citizenship laws are based upon Law #55 dated June 1, 1993.

BY BIRTH: Birth within the territory of Hungary does not automatically confer citizenship. The
exception is a child born to unknown or stateless parents.

BY DESCENT: Child, at least one of whose parents is a citizen of Hungary, regardless of the
child’s country of birth.

BY NATURALIZATION: Hungarian citizenship may be acquired upon fulfillment of the
following conditions:

Persons with no ethnic ties to Hungary must reside in the country for eight years.

Foreigners who marry Hungarian nationals, or who are parents of Hungarian citizen
minors, or who have been adopted by Hungarian nationals, or who have been recognized
as refugees by Hungarian authorities, need only reside in the country for three years.

Members of an ethnic Hungarian minority of another country need only reside in the
country for one year.
DUAL CITIZENSHIP: RECOGNIZED.
LOSS OF CITIZENSHIP:

VOLUNTARY: Voluntary renunciation of Hungarian citizenship is permitted. Persons seeking
to renounce citizenship must address a written statement to the President of the Republic. The
Embassy can provide information and assistance, but is not able to act for the person.

INVOLUNTARY: The following is grounds for involuntary loss of Hungarian citizenship:
Naturalized citizenship was gained by false statements.

I don't know what you are talking about as an "open and shut" case.

Expression "open and shut" means "very straight-forward." gerry is saying that if the father didn't renounce, then by "law of blood," in other words, by descent, her husband's clearly a citizen.

Expression "open and shut" means "very straight-forward." gerry is saying that if the father didn't renounce, then by "law of blood," in other words, by descent, her husband's clearly a citizen.

Bang on the money. 

Memory lane...

When I was but a *VERY* young whippersnapper, my mother (herself an immigrant to America) took a family of Hungarian refugees into our house during the ill-fated revolution and subsequent exodus.  All part of an appeal by our local church.  They stayed in our basement for some months and eventually settled in upstate New York. 

That forced exodus to America was firmly etched into the Hungarian ethos and the Hungarians will never be anything other than jus sanguine because of it.  So if there's a Hungarian parent, it's open and shut.  Done.

Bang on the money. 

Memory lane...

When I was but a *VERY* young whippersnapper, my mother (herself an immigrant to America) took a family of Hungarian refugees into our house during the ill-fated revolution and subsequent exodus.  All part of an appeal by our local church.  They stayed in our basement for some months and eventually settled in upstate New York. 

That forced exodus to America was firmly etched into the Hungarian ethos and the Hungarians will never be anything other than jus sanguine because of it.  So if there's a Hungarian parent, it's open and shut.  Done.

I know, pre-1990, immigrants from Russia were forced to renounce before they could leave. I'm wondering, depending on when OP's family left, if they weren't forced to as well.

So did I get this right
husband is citizen through jus sanguine, which gives him EU citizenship after all is done.  What about spouse and children?
Anyone know where I should start to get his EU passport processing or does he start with Hungary to prove citizenship? Also where If there are any spousal visas info. and children info for EU?

I would start with the Hungarian embassy to see what documentation he would need to apply for a Hungarian passport.

Also where If there are any spousal visas info. and children info for EU?

It would help to know which country in the EU you are looking at.  Each member state has a slightly different process.

As far as whether you would qualify for Hungarian citizenship based on the marriage, you would have to reside in Hungrary for at least 3 years.

(2) A non-Hungarian citizen who resided in Hungary continuously over at least a period of three years preceding the submission of the application, and if the conditions defined in subsection (1), paragraphs b) to  e) are satisfied may be naturalized on preferential terms, provided that
a) the person has lived in a valid marriage with a Hungarian citizen for at least three years

http://www.huembwas.org/New%20Consular/consular/Citizenship%20En.htm

It's a very fair point that she would need to live in Hungary to be a Hungarian citizen but, I believe that the point is that if the husband can claim Hungarian citizenship he could bring his wife to the UK under EU law and not have to deal with spousal visas.

It's a very fair point that she would need to live in Hungary to be a Hungarian citizen but, I believe that the point is that if the husband can claim Hungarian citizenship he could bring his wife to the UK under EU law and not have to deal with spousal visas.

Totally true.  I wasn't sure if it was the UK that the OP was looking at.  If it is the UK, the husband would still have to register with the WRS for the first 12 months and the wife for FMRS and then EEA2 after 12 months.  Paperwork would still need to be done, but At least it's free!

Paperwork would still need to be done, but At least it's free!

Knowing how much the Home Office charges this is a HUGE victory!

It's a very fair point that she would need to live in Hungary to be a Hungarian citizen but, I believe that the point is that if the husband can claim Hungarian citizenship he could bring his wife to the UK under EU law and not have to deal with spousal visas.

Exactly! This is to live and work in the UK.
At this point I am going to contact the consulate and get info on how he can reclaim citizenship. I'm thinking they will need his fathers birth certificate, my husbands certificate, my records and our children's.  Maybe get port records from Archives get all this to consulate of Hungary and wait several months i hear. All is done, then go and get EU passports for whole family. That simple right? I hope.

I'm not familiar with Hungarian laws, but I don't think you or your children would get EU passports.  Your husband would apply for visas for you and your children to move to the UK based on him being a Hungarian citizen.

Minor correction, Yael.  The children have a claim to Hungarian citizenship under Jus Sanguine as soon as the father registers.  The wife is the odd one out.  She gets a sticker in her US passport just like Yankeeangel has.  For her, it's the 5 year stretch in the UK under treaty rights, or the 3 years residence in Hungary before she acquires citizenship.

Otherwise fine.