Hungarian nationality law

Last updated
Hungary Citizenship Act
Coat of arms of Hungary.svg
Parliament of Hungary
  • An Act relating to Hungarian citizenship
Enacted by Government of Hungary
Status: Current legislation

Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.

Contents

The current Hungarian nationality law came into force in 1993. By changes made in January 2011, every person who was a Hungarian citizen or a descendant of a person who was a Hungarian citizen before 1920 or between 1941 and 1945 and speaks Hungarian may apply to become a Hungarian citizen, even if they do not live in Hungary.

Dual citizenship is permitted under Hungarian law. [1]

Citizenship by birth and adoption

A person acquires Hungarian citizenship at birth if at least one parent is a Hungarian citizen. The place of birth is irrelevant.

Children born in Hungary to foreign parents do not acquire Hungarian citizenship at birth unless they would otherwise be stateless.

Minor children adopted by Hungarian citizens may apply and would normally be granted Hungarian citizenship.

Naturalization as a Hungarian citizen

Persons may apply to be naturalized as a Hungarian citizen after 8 years continuous residence in Hungary if they:

Persons may apply to be naturalized after 5 years residence in Hungary if they were:

Persons may apply to be naturalized after 3 years residence in Hungary if they are:

Persons may apply to be naturalized if they are:

Applicants aged 60 or over, those of diminished capacity, and persons holding a Hungarian language diploma (from a Hungarian institution) may be exempted the constitutional studies requirement.

Citizenship by ancestry

A Hungarian citizenship law of 2011 allows ethnic Hungarians to apply for simplified naturalisation if they can speak Hungarian and provide evidence of Hungarian ancestry. [2] [3] The law has created controversy as some five million ethnic Hungarians living beyond Hungary's borders, mostly in Romania, Slovakia, Serbia and Ukraine, may claim Hungarian citizenship. [4] There are Hungarians living in Slovakia, Serbia, Ukraine, Romania, and Austria whose ancestors lost Hungarian citizenship as a result of the peace treaty ending World War I. [5]

By August 2015, more than 750,000 applications had been filed and 700,000 people had been granted citizenship. The main sources of applicants were 300,000 from Transylvania (Romania), 130,000 from Vojvodina (Serbia) and 120,000 from Ukraine.

Hungarian citizenship by declaration

Declaration is a simplified form of naturalisation. The following people may be eligible to acquire Hungarian citizenship by declaration:

Oath of allegiance

Persons becoming naturalised Hungarian citizens are expected to take an Oath of Allegiance as follows:

"I swear that I regard Hungary as my country. I will be a faithful citizen of the Republic of Hungary. I will respect and obey the Constitution and laws of this country. I defend my country to the utmost of my strength, I serve it to the best of my abilities. So help me God".

Those who prefer may take an equivalent solemn promise instead of an oath.

Loss of Hungarian citizenship

It is not possible for a person to lose Hungarian citizenship involuntarily. The exception concerns fraudulent applications for naturalisation (subject to a 20-year time bar after which action cannot be taken).

Hungarian citizens who hold another nationality and live outside Hungary may renounce their Hungarian citizenship.

Dual citizenship

Hungary allows its citizens to hold foreign citizenship in addition to their Hungarian citizenship. Some countries, however, do not permit multiple citizenship e.g. adults who acquired Hungarian and Japanese citizenship by birth must declare, to the latter's Ministry of Justice, before turning 22, which citizenship they want to keep.

Citizenship of the European Union

Because Hungary forms part of the European Union, Hungarian citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament. [6] When in a non-EU country where there is no Hungarian embassy, Hungarian citizens have the right to get consular protection from the embassy of any other EU country present in that country. [7] [8] Hungarian citizens can live and work in any country within the EU as a result of the right of free movement and residence granted in Article 21 of the EU Treaty. [9]

Travel freedom of Hungarian citizens

Visa requirements for Hungarian citizens Visa requirements for Hungarian citizens.png
Visa requirements for Hungarian citizens

Visa requirements for Hungarian citizens are administrative entry restrictions by the authorities of other states placed on citizens of Hungary. As of May 2018, Hungarian citizens had visa-free or visa on arrival access to 180 countries and territories, ranking the Hungarian passport 9th in terms of travel freedom according to the Henley Passport Index. [10]

In 2017, the Hungarian nationality is ranked eighteenth in Nationality Index (QNI). This index differs from the Visa Restrictions Index, which focuses on external factors including travel freedom. The QNI considers, in addition, to travel freedom on internal factors such as peace & stability, economic strength, and human development as well. [11]

See also

Related Research Articles

Finnish nationality law

Citizenship of Finland can be obtained on the basis of birth, marriage of parents, adoption, or the place of birth. In addition, it may be acquired by application or by declaration to authorities. Finnish citizenship acquisition is based primarily on the legal principle of jus sanguinis. However, for many practical purposes, the concepts of municipal domicile and domicile in Finland are as important to the relation between the individual and the Finnish authorities as the individual's citizenship status.

German nationality law Legal membership of a natural person in the Federal Republic of Germany

German nationality law is the law governing the acquisition, transmission and loss of German citizenship. The law is based on a mixture of the principles of jus sanguinis and jus soli. In other words, one usually acquires German citizenship if a parent is a German citizen, irrespective of place of birth, or by birth in Germany to parents with foreign nationality if certain requirements are fulfilled. Naturalization is also possible for foreign nationals after six to eight years of legal residence in Germany.

Belgian nationality law

Belgian citizenship is based on a mixture of the principles of jus sanguinis and jus soli. In other words, both place of birth and Belgian parentage are relevant for determining whether a person is a Belgian citizen. It is regulated by the Code of Belgian Nationality.

Dutch nationality law

Dutch nationality law is based primarily on the principle of jus sanguinis and is governed by the Kingdom Act on the Netherlands nationality, which was signed by the monarch on 19 December 1984 and officially promulgated on 27 December 1984. Thus citizenship is conferred primarily by birth to a Dutch parent, irrespective of place of birth. Children born in the Netherlands to two foreign parents do not acquire Dutch citizenship at birth, unless special criteria are met.

Swedish nationality law

Swedish nationality law determines entitlement to Swedish citizenship. Citizenship of Sweden is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Swedish parent, irrespective of place of birth.

Austrian nationality law Overview of the nationality law in the Republic of Austria

Nationality law in the Republic of Austria is based on the principle of jus sanguinis. In other words, one usually acquires Austrian citizenship if a parent is Austrian, irrespective of place of birth.

Maltese nationality law

Maltese nationality law is based primarily on the principles of Jus sanguinis, although prior to 1 August 1989 the principle of Jus soli was the basis of the law.

Czech nationality law

The citizenship law of the Czech Republic is based on the principles of jus sanguinis or "right by blood". In other words, descent from a Czech parent is the primary method of acquiring Czech citizenship. Birth on Czech territory without a Czech parent is in itself insufficient for the conferral of Czech citizenship. Every Czech citizen is also a citizen of the European Union. The law came into effect on 1 January 1993, the date of the dissolution of Czechoslovakia, and has been amended in 1993, 1995, 1996, 1999, 2002, 2003, and 2005. Since 1 January 2014, multiple citizenship under Czech law is allowed.

Polish nationality law

Polish nationality law is based primarily on the principle of jus sanguinis. Children born to at least one Polish parent acquire Polish citizenship irrespective of place of birth. Besides other things, Polish citizenship entitled the person to a Polish passport.

Slovenian nationality law

Slovenian nationality law is based primarily on the principles of Jus sanguinis, in that descent from a Slovenian parent is the primary basis for acquisition of Slovenian citizenship. However, although children born to foreign parents in Slovenia do not acquire Slovenian citizenship on the basis of birthplace, place of birth is relevant for determining whether the child of Slovenian parents acquires citizenship.

Greek nationality law

Nationality law of Greece is based on the principle of jus sanguinis. Greek citizenship may be acquired by descent or through naturalization. Greek law permits dual citizenship. A Greek national is a citizen of the European Union, and therefore entitled to the same rights as other EU citizens.

Lithuanian nationality law

Lithuanian nationality law operates on the jus sanguinus principle, whereby persons who have a claim to Lithuanian ancestry, either through parents, grandparents, great-grandparents may claim Lithuanian nationality. Citizenship may also be granted by naturalization. Naturalization requires a residency period, an examination in the Lithuanian language, examination results demonstrating familiarity with the Lithuanian Constitution, a demonstrated means of support, and an oath of loyalty. A right of return clause was included in the 1991 constitution for persons who left Lithuania after its occupation by the Soviet Union in 1940 and their descendants. Lithuanian citizens are also citizens of the European Union and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.

Estonian nationality law

Estonian citizenship – based primarily on the principle of jus sanguinis – is governed by a law promulgated on 19 January 1995 by the Riigikogu which took effect on 1 April 1995. The Police and Border Guard Board is responsible for processing applications and enquiries concerning Estonian citizenship.

The Cypriot Nationality Laws dates back to 1967. It is mainly based on jus sanguinis.

Bulgarian nationality law

Bulgarian nationality law is governed by the Constitution of Bulgaria of 1991 and the citizenship law of 1999.

Danish nationality law Laws governing nationality in Denmark

Danish nationality law is governed by the Constitutional Act the Realm of Denmark and the Consolidated Act of Danish Nationality . Danish nationality can be acquired in one of the following ways:

Romanian nationality law

The Romanian nationality law addresses specific rights, duties, privileges, and benefits between Romania and the individual. Romanian nationality law is based on jus sanguinis. Current citizenship policy in Romania is in accordance with the Romanian Citizenship Law, which was adopted by the Romanian Parliament on March 6, 1991, and the Constitution of Romania, which was adopted on November 21, 1991.

Luxembourg nationality law

Luxembourg nationality law is ruled by the Constitution of Luxembourg. The Grand Duchy of Luxembourg is a member state of the European Union and, therefore, its citizens are also EU citizens.

Croatian nationality law

The Croatian nationality law dates back from June 26, 1991, with amendments on 8 May 1992, 28 October 2011, and 1 January 2020 and an interpretation of the Constitutional Court in 1993. It is based upon the Constitution of Croatia. It is mainly based on Jus sanguinis.

Citizenship Act (Slovakia)

Slovak nationality law is the law governing the acquisition, transmission and loss of Slovak citizenship. The Citizenship Act is a law enacted by the National Council of Slovakia in regard to the nationality law following the dissolution of Czechoslovakia. In 2010, it was controversially amended, enacting loss of Slovak citizenship upon naturalization elsewhere. This was said to have affected the 2012 election to some degree.

References

  1. "Hungary Citizenship Bill Irks Neighbor". Wall Street Journal . Retrieved 2012-04-20.
  2. "New Hungary citizenship law fuels passport demand". BBC . Retrieved 2012-04-20.
  3. "Slovaks retaliate over Hungarian citizenship law". BBC . Retrieved 2012-04-20.
  4. Controversial Hungarian Citizenship Law Passed
  5. "Hungary citizenship law triggers row with Slovakia". Reuters . Retrieved 2012-04-20.
  6. "Hungary". European Union. Retrieved 4 May 2015.
  7. Article 20(2)(c) of the Treaty on the Functioning of the European Union.
  8. Rights abroad: Right to consular protection: a right to protection by the diplomatic or consular authorities of other Member States when in a non-EU Member State, if there are no diplomatic or consular authorities from the citizen's own state (Article 23): this is due to the fact that not all member states maintain embassies in every country in the world (14 countries have only one embassy from an EU state). Antigua and Barbuda (UK), Barbados (UK), Belize (UK), Central African Republic (France), Comoros (France), Gambia (UK), Guyana (UK), Liberia (Germany), Saint Vincent and the Grenadines (UK), San Marino (Italy), São Tomé and Príncipe (Portugal), Solomon Islands (UK), Timor-Leste (Portugal), Vanuatu (France)
  9. "Treaty on the Function of the European Union (consolidated version)" (PDF). Eur-lex.europa.eu. Retrieved 2015-07-10.
  10. "Global Ranking - Passport Index 2018" (PDF). Henley & Partners. Retrieved 26 May 2018.
  11. "The 41 nationalities with the best quality of life". www.businessinsider.de. 2016-02-06. Retrieved 2018-09-10.