According to the Hungarian law the child of a Hungarian citizen acquires Hungarian citizenship by birth regardless of the place of birth. So the Hungarian citizenship emerges by birth, but the Hungarian law acknowledges acquiring the Hungarian citizenship posteriorly that is bound to serious conditions.
Basically, Hungarian citizens may not be differentiated according to the legal title of acquisition and emergence of the citizenship. The Hungarian law acknowledges the dual citizenship that means that Hungarian citizenship may be acquired and emerged even if the applicant holds the citizenship of another country as well.
Naturalization
The Hungarian citizenship may be acquired among others by naturalization that has more cases. Basically the acquisition of the Hungarian citizenship by naturalization has the following conditions:
- the applicant resided in Hungary continously for at least 8 years before submitting the application for citizenship,
- according to the Hungarian law the applicant has a clean record and there is no on-going criminal proceeding against the applicant before any Hungarian court by the time of adopting the final decision,
- subsistence and residence is provided in Hungary,
- the naturalization of the applicant does not violate the public order and the national security of Hungary,
- the applicant shall prove that he/she took a constitutionality exam in Hungarian language or that he/she is exempted from taking this exam.
The above circumstances shall be proved by the applicant and the evidences shall be attached to the application as well.
Preferential cases of naturalization
Besides the above mentioned basic cases of naturalization the Hungarian law acknowledges the preferential cases of naturalization. These cases are about the existence of such circumstances, when the applicant is granted an allowance by law because of an extra personal connection of the applicant to Hungary by exempting the applicant from proving and fulfilling one or more above mentioned conditions. Such circumstances that entitle the applicant to a preferential naturalization are the followings:
- the applicant has a Hungarian citizen spouse, underage child;
- the applicant is refugee or stateless;
- the ascendent of the applicant was Hungarian citizen and it can be proved.
Proving the residence in Hungary
In the basic case of naturalization (when there are no preferential circumstances) the condition of acquiring the Hungarian citizenship is that the applicant shall reside in Hungary at least for 8 years before the day of submitting the application. The 8 years period shall be counted from the day of the registration of the address and it refers to the following group of people:
- persons with immigrant or permanent resident status;
- persons with refugee status;
- persons who practice their right of free movement and residence in Hungary and fulfilled their notification obligation.
The residence in Hungary shall be continous and this shall be proved. In the Schengen area there may be difficulties in providing evidences because of the lack of border control.
Constitutionality exam
In the basic case of naturalization the applicant shall take the constitutionality exam before submitting the application for citizenship and the successful completion of the exam shall be proved. Taking the constitutionality exam requires serious Hungarian language skills.
The applicant may be exempted from taking the constitutionality exam in certain cases, the reason of exemption shall be proved.
Procedural rules
The application for acquiring the Hungarian citizenship shall be submitted by filling out a form established by law. The form shall be filled out in Hungarian language and it shall be signed by the applicant. The application for citizenship may be submitted in Hungary and in certain cases abroad before the consular officer as well.
The birth certificate, the certificate proving the family status of the applicant as well as the documents proving the conditions of acquiring the Hungarian citizenship shall be attached to the application. Further specific conditions are applicable to the authentication and certified translation of the documents set out abroad that shall be examined at each cases.
The president of the republic will adopt the decision about the application for acquiring the Hungarian citizenship. The persident of the republic will issue a naturalization document about acquiring the Hungarian citizenship. If the applicant acquires the Hungarian citizenship, oath or pledge of citizenship shall be taken.
Read about acquiring the Hungarian citizenship in Hungarian language by clicking the following link.
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