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Законодательство

Закон II издания 2007 года О въезде и пребывании граждан третьих стран на территории Венгрии (на английском языке)

Act II of 2007

on the Admission and Right of Residence of Third-Country Nationals[2]

Chapter I

General Provisions

Section 1.

(1)[4] The persons referred to in Subsection (3) of this Section, if not nationals of any Member State of the European Union, shall be subject to the provisions of Chapter IV of this Act pertaining to EC permanent residence permits, and the provisions of Chapter VIII of this Act governing stateless status and the issue of travel documents to stateless persons.

(5) The provisions of this Act shall apply to the persons referred to in Subsection (3) if they are third-country nationals by definition of specific other legislation, and if they apply for authority to reside specified in this Act following termination of their right of residence specified in specific other legislation.

Section 2.

For the purposes of this Act:

a) ‘third-country national’ shall mean any person who is not a Hungarian citizen and stateless persons, other than the persons referred to in Subsection (3) of Section 1;

b) ‘stateless person’ shall mean a person who is not recognized as a citizen by any country under his/her national law;

c) ‘Schengen State’ shall mean any Member State of the European Union applying in full the Schengen acquis defined in Article 1 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on the European Union, to the Treaty establishing the European Community and to the Treaty establishing the European Atomic Energy Community (hereinafter referred to as «Schengen Protocol») and in Council Decision 1999/435/EC, as well as the measures adopted by the institutions of the European Union in these fields, and any other State that is in association with the implementation, application and development of the Schengen acquis by virtue of Article 6 of the Schengen Protocol within the meaning of the Agreement concluded with the Council of the European Union;

d) ‘family member’ shall mean:

da) the spouse of a third-country national;

db) the minor child (including adopted children) of a third-country national and his/her spouse;

dc) the minor child, including adopted and foster children, of a third-country national where this third-country national has parental custody and the children are dependent on him/her;

dd) the minor child, including adopted and foster children, of the spouse of a third-country national where the spouse has parental custody and the children are dependent on him/her;

e)[6] ‘exile’ shall mean any person who is provided temporary shelter and may not be returned to the country of his/her nationality, or in the case of a stateless person to the country of domicile, for fear of being subjected to the actions or conduct defined in Article XIV(2) of the Fundamental Law, and there is no safe third country offering refuge, and who is not entitled to asylum or treatment as a stateless persons, nor to any subsidiary form of protection or temporary protection;

g)[8] ‘carrier’ shall mean any natural or legal person, or unincorporated organization whose profession it is to provide transport of persons;

i) ‘readmission agreement’ shall mean the international convention relating to the procedure for the transfer of persons at state frontiers, and the transport or transit of such persons under official escort;

j) ‘SIS alert for the purposes of refusing entry and the right of residence’ shall mean data files installed in the Schengen Information System by any Schengen State for the purposes of refusing entry to and the right of residence in the territory of the Schengen States for a third-country national;

k)[10] ‘host’ shall mean any natural or legal person, or business association lacking the legal status of a legal person, who undertakes a commitment in a letter of invitation — with an official certificate affixed — to provide room and board and financial support for the invited third-country national during his stay in the territory of Hungary, and, unless an international treaty provides otherwise, to cover the costs of medical care and the costs of exit of such third-country national.

m)[12] ‘Dublin Regulations’ shall mean Council Regulation (EC) No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, and Commission Regulation (EC) No. 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No. 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national.

o)[14] ‘highly qualified employment’ shall mean the employment of a person who has the required adequate and specific competence, as proven by higher professional qualifications, for consideration in an amount specified by the relevant decree on the method for establishing the minimum remuneration payable to third-country nationals, or for higher pay;

q)[16] ‘EU Blue Card’ shall mean aresidence permit entitling its highly qualified holder to reside and work in highly qualified employment in the territory of a Member State under the terms set out in Section 20/C;

s)[18] ‘persons eligible for preferential treatment’ shall mean unaccompanied minors, or vulnerable persons such as minors, elderly people, disabled people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, if they are found to have special needs after an individual evaluation of their situation;

u)[20] ‘single permit’ shall mean a residence permit allowing a third-country national to enter into a contract for employment relationship with an employer and to reside legally in the territory of Hungary for the purpose of work;

w)[22]

(1) Of the provisions of this Act only the ones contained under Chapters IV, V and X shall apply to the third-country nationals recognized by the Hungarian refugee authority or court, or by any Member State of the European Union as refugees or having granted any subsidiary form of protection.

(2) Of the provisions of this Act the ones contained in Chapter IV pertaining to national permanent residence permits, and the provisions of Chapters V and X shall apply to the third-country nationals having granted temporary protection by the Hungarian refugee authority or court.

Chapter II

Regulations for the Right of Residence for an Intended Duration of No More Than Ninety Days Within Any One Hundred Eighty Day Period[24] Third-country nationals may enter the territory of Hungary for an intended stay of no more than ninety days within a one hundred eighty day period from the time of first entry (hereinafter referred to as “intended stay of no more than ninety days”) under the conditions set out in Regulation (EC) No. 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (hereinafter referred to as “Schengen Borders Code”).

(2)[26]

Unless otherwise prescribed by any directly applicable Community legislation, an international agreement, this Act or a government decree adopted by authorization of this Act, third-country nationals shall be admitted for stays for an intended duration of no more than ninety days in possession of a visa.

Section 7/A.[28]

Section 8.[30]

(1)[32] The central visa authority shall consult with the central authorities of the Schengen States requesting consultation prior to granting consent for the issue of a visa for an intended stay of no more than ninety days.

(3)[34] The decisions adopted for the refusal of applications for visas for an intended stay of no more than ninety days, or for the annulment and revocation of visas, may be appealed.

(5)[36] The petition for judicial review of the appeal decision referred to in Subsection (4) shall be submitted to the authority of the first instance within three days following the date of delivery of the decision adopted to dismiss the appeal. The authority shall forward the petition without delay to the competent court together with the documents of the case and any cross-complaint attached.

(7)[38] The acting court shall proceed in due observation of the provisions of the Act on the Code of Civil Proceedings pertaining to administrative lawsuits, unless the non-contentious nature of the proceedings suggests otherwise.

Sections 10-11.[40] Under international agreement the diplomatic or consular missions of other Schengen States with proper entitlement may also issue visas for an intended stay of no more than ninety days in the name and on behalf of Hungary.

(2) Under international agreement the diplomatic or consular missions of the Republic of Hungary with proper entitlement may also issue visas for a validity period not exceeding three months in the name and on behalf of other Schengen States.

Chapter III

Provisions Governing the Right of Residence for an Intended Duration of More Than Ninety Days Within Any One Hundred Eighty Day Period[42]

a) they are in possession of a valid travel document;

b)[44] a visa for an intended stay of more than ninety days within any one hundred eighty day period,

bb) a residence permit,

bc) an immigration permit,

bd) a permanent residence permit,

be) an interim permanent residence permit,

bf) a national permanent residence permit,

bg) an EC permanent residence permit, or

bh)[46] they have accommodations or a place of residence in the territory of Hungary;

f) they have sufficient means of subsistence and financial resources to cover their accommodation costs for the duration of the intended stay and for the return to their country of origin or transit to a third country;

g) they have full healthcare insurance or sufficient financial resources for healthcare services;

h)[48]

Section 14.

(1) Visas for an intended stay of more than ninety days within any one hundred eighty day period are as follows:[50] visa for entitlement to receive a residence permit, for single entry into the territory of Hungary for the purpose of collecting the residence permit or the national permanent residence permit granted under Subsection (1) of Section 36, and for stay for a period not to exceed thirty days;

b)[52] national visa, for single or multiple entry and for stays in the territory of Hungary for an intended stay of more than ninety days within any one hundred eighty day period under international agreement.

(2) The validity period for a visa for an intended stay of more than ninety days within any one hundred eighty day period shall be:[54]

(1)[56] The third-country nationals holding a valid national visa shall be authorized to remain in the territory of Hungary after the period of residence authorized in the visa in possession of a long-term visa or a residence permit expires, unless this Act provides otherwise.

(2)[58] The third-country national whose request for special consideration had been accepted in accordance with the implementing decree of this Act, may submit an application for residence permit in the territory of Hungary.

Section 17.[60] who fail to comply with either of the requirements set out in Paragraphs a), c)-i) of Subsection (1) of Section 13;

b)[62] who suffer from any disease that is considered to constitute a threat to public health, and who refuse to submit to the appropriate compulsory medical treatment, or who fail to abide by the Hungarian health regulations while staying in the territory of Hungary;

d)[64] The issue of an EU Blue Card shall be refused if the third-country national fails to comply with either of the requirements set out in Subsection (1) of Section 20/A.

(1b)[66] does not have sufficient resources to maintain himself in the territory of Hungary, except if the third-country national is not engaged under contract for employment relationship, where the provision contained in Paragraph e) or f) does not apply;

d) has disclosed false information or untrue facts to the competent authority in the interest of obtaining the right of residence, or misled the competent authority in respect of the purpose of residence, or is residing for purposes other than that for which the holder was authorized to reside;

e) is not engaged under any contract for employment relationship for at least three consecutive months;

f) was unemployed during the period of validity of an EU Blue Card on at least two occasions; or

g) has taken up employment other than previously authorized in a period of two years following the issue of the EU Blue Card without prior written authorization.

(2) By way of derogation from what is contained in Subsection (1), on humanitarian grounds, on grounds of national interest or because of international obligations a third-country national for whom an alert has been issued in the SIS may be granted a residence permit or the existing residence permit shall not be withdrawn.

Special Regulations Relating to Stays for an Intended Duration of More Than Ninety Days Within Any One Hundred Eighty Day Period[68] A residence permit may be issued on the grounds of family reunification to a third-country national who is relative of a third-country national who is in possession of a residence permit, immigration permit, permanent residence permit, interim permanent residence permit, a national or EC permanent residence permit, or — under specific other legislation — in possession of a residence card or permanent residence card (for the purposes of this Section hereinafter referred to as «sponsor»).

(2) The following persons may be granted a residence permit on the grounds of family reunification:[70]

a) their parents who are dependants;

b) their brothers and sisters, if they are unable to provide for themselves due to health reasons.

(5)[72] The spouse of a sponsor may not be issued a long-term visa or a residence permit if the other spouse of the sponsor has residence permit that was issued on the grounds of family reunification.

(7) Family members — unless they have obtained the right of residence on any other grounds — shall be authorized to extend his/her right of residence after five years from the date of issue of his/her first residence permit, or upon the death of the spouse or the persons with refugee status, and if other requirements for further residence are ensured.

(8)[74] The validity period of a residence permit issued for the purpose of family reunification shall be:

a) four years maximum, and it may be extended by up to four additional years at a time, if the sponsor has an EU Blue Card;

b) five years maximum, and it may be extended by up to five additional years at a time, if the sponsor has an EC permanent residence permit issued under Paragraph b) of Subsection (1) of Section 38; or

c) three years maximum — with the exceptions provided for in Paragraphs a) and b) -, and it may be extended by up to three additional years at a time.

(10)[76] The validity period of a residence permit issued for the purpose of family reunification may not exceed the validity period of the applicant’s travel document even if the provisions of Subsections (9)-(10) are taken into consideration.

Section 20.

(1) A residence permitmay be issued for the purpose of gainful employment to third-country nationals whose nature of stay is:[78] to perform work for or under the direction and/or supervision of others, for remuneration, under contract for employment relationship;

b) to lawfully perform work in a self-employed capacity for remuneration;

c) to engage — save where Paragraph b) applies — in any gainful activity in the capacity of being the owner or director of a business association, cooperative or some other legal entity formed to engage in gainful employment, or is a member of the executive, representative or supervisory board of such entity.

(2)[80] Third-country nationals with a residence permit issued on grounds of pursuit of studies may engage in gainful employment during their term-time for maximum twenty-four hours weekly, and outside their term-time or for a maximum period of ninety days or sixty-six working days.

(4) The validity period of a residence permit granted for the purpose of gainful employment shall be three years maximum, and it may be extended by three additional years at a time.

(5)[82]

(1) An EU Blue Card shall be given to a third-country national:

a)[84] who has notified the address of his accommodation in the territory of Hungary.

(2) An EU Blue Card shall be refused, and shall not be issued:

a) to any third-country national who has applied for refugee status to the refugee authority, or having requested any subsidiary form of protection or temporary protection from the refugee authority;

b)[86] to any third-country national who enter the territory of Hungary under commitments contained in an international agreement facilitating the entry and temporary stay of certain categories of trade and investment-related natural persons;

h)[88] to any third-country national covered by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, as long as he/she is posted on the territory of Hungary.

(2a)[90]

A third-country national holding a residence permit issued by any Member State of the European Union for the purpose of highly qualified employment shall be issued a EU Blue Card:

a) after eighteen months of legal residence in the Member State having issued the EU Blue Card, and

b) if able to meet the requirements set out in Paragraphs a)-d) of Subsection (1) of Section 20/A.

Section 20/C.[92] A residence permit may be issued on grounds of pursuit of studies to third-country nationals seeking admission to or accepted by a public education institution registered in the public education information system for pursuing full-time course of study in the regular school system or in daytime courses of study under a student relationship, or for pursuing full-time education and training in a State-recognized institution of higher education in the territory of Hungary, or to attend a course in an establishment of higher education, which may cover a preparatory course prior to such education, if they are able to verify the linguistic knowledge required for the pursuit of studies.

(2) The validity period of a residence permit issued on grounds of the pursuit of studies:

a) shall correspond to the duration of training, if it is less than two years,

b) shall be at least one year or maximum two years if the duration of training is two years or more, and it may be extended by at least one or at most by two additional years at a time.

(3)[94]

a)[96] Residence permits may be issued for official duty to third-country nationals:[98] who are staff members of scientific, educational and cultural institutions operating in Hungary under an international convention and to persons seeking admission in connection with the activities of such institutions.

(2) The validity period of a residence permit issued for official duty shall correspond to the duration of training or continuing professional training, not to exceed three years, and it may be extended by the duration corresponding to any extension of the training or continuing professional training, not to exceed three years.

Section 24.

(1) Residence permits may be issued for the purpose of medical treatment to third-country nationals:[100] seeking admission into the territory of Hungary for the purpose of receiving medical treatment;

b)[102] Residence permits may be issued for the purpose of visit to third-country nationals holding a letter of invitation specified in specific other legislation.

(2) The validity period of a residence permit issued for the purpose of visit shall correspond to the duration of the commitment fixed in the letter of invitation, not to exceed one year, and it may not be extended for the purpose of visit.

Section 26.

(1)[104] The validity period of a residence permit issued for the purpose of voluntary service activities shall correspond to the duration of the voluntary services, not exceeding two years.

(3)[106]

a) to engage in activities to preserve and maintain the Hungarian language;

b) to engage in activities intended to preserve cultural and ethnic identity;

c) for the purpose of learning and enlightenment in an establishment of secondary or higher education recognized by the State;

d) for the purpose of furthering family ties, other than family reunification.

(2)[108] Any third-country national who is able to satisfy the requirements set out in Paragraphs a), c)-i) of Subsection (1) of Section 13 may have a residence permit issued in the absence of the objectives listed under Sections 19-27 for eligibility for a residence permit.

(2) The validity period of a residence permit referred to in Subsection (1) shall be five years at most, and it may be extended by maximum five additional years at a time.

(3)[110] In the application of Subsection (3), national interest shall, in particular, mean:

a) if the third-country national provides evidence that he himself, or a business association in which he has a majority stake has securities with a maturity of not less than five years, of a nominal value of at least 250,000 euro, issued by a company which fulfils all the following conditions:

aa) the company invests exclusively in zero bonds issued by the Hungarian Government for this particular purpose under the conditions decreed by the minister in charge of public finances, with a maturity of not less than five years, of a nominal value of at least 250,000 euro, where the issuer undertakes the commitment to repay the nominal value at the end of the maturity period, and that the bonds are issued at a discount price, less interest, where the discount rate is 1.5 per cent below the secondary market rate of the Hungarian government bond, denominated in euro, with remaining maturity closest to the five-year period at the time of issue of the bond, but at least 2 per cent,

ab) has a contract — in respect of the activity defined in Subparagraph aa) — with the Államadósság Kezelő Központ Zrt. (Government Debt Management Agency),

ac) issues registered securities exclusively, and

ad) has all permits and authorizations under the law of the given country, which are required for the activity in question; and

b) if the applicant provides a — final and irrevocable — guarantee made by the company referred to in Paragraph a) to subscribe within forty-five days following the date of issue of the applicant’s residence permit the government bonds defined in Subparagraph aa) of Paragraph a) above, of a nominal value of at least 250,000 euro, from the funds made available by the applicant.

(5)[112] The above-specified authorization by the Standing Parliamentary Committee for Economic Affairs shall be limited to one company from any given country.

(7)[114] If the authorization is withdrawn, the Parliamentary Committee for Economic Affairs shall inform the immigration authority and the Államadósság Kezelő Központ Zrt. accordingly. If the authorization is withdrawn, the Államadósság Kezelő Központ Zrt. shall cancel the contract referred to in Subparagraph ab) of Paragraph a) of Subsection (4).

(9)[116] The residence permit shall, furthermore, be withdrawn if subscription of the government securities according to the commitment did not take place within the time limit specified in Paragraph b) of Subsection (4).

(11)[118] the person recognized by Hungary as a stateless person;

b)[120] on the strength of law, any third-country national who applied to the refugee authority for asylum, or who applied to the refugee authority for any subsidiary form of protection or temporary protection;

d)[122] for substantial national security or law enforcement reasons — by initiative of the relevant public prosecutor, court, national security or law enforcement agency, or the investigating arm of the Nemzeti Adó- és Vámhivatal (National Tax and Customs Authority) — to any third-country national, or other affiliated third-country nationals on his/her account, who has cooperated with the authorities in a crime investigation and has provided significant assistance to gather evidence;

f)[124] In the event of withdrawal of expulsion and exclusion orders under Subsection (10) of Section 47, the immigration authority shall — in the absence of the requirements specified in this Act for residence — issue a residence permit to the third-country national affected on humanitarian grounds if the third-country national:

a) cooperated with the immigration authority in the process of carrying out the expulsion;

b) complied with the prescribed rules of conduct and with the obligation to report on a regular basis; and

c) is not implicated in a criminal proceeding and does not have a criminal record.

(2)[126] shall be up to six months in the case referred to in Paragraph f) of Subsection (1), that may be extended by up to six months at a time, until the binding conclusion of proceedings brought by the third-country national against his/her employer for the purpose of recovering outstanding remuneration.

e)[128]

Section 29/A.[130] who has filed an application for a residence permit, and whose national visa or previous residence permit has already expired before the permit is issued, or shall be granted residence permit in accordance with this Act, furthermore, if the applicant has submitted an application for a residence permit under Subsection (5) of Section 1;

b)[132] who remained in the territory of Hungary beyond the duration of lawful residence due to humanitarian reasons or reasons in connection with his/her gainful employment, or for personal or some other unavoidable reasons beyond his/her control;

d)[134] whose entry is authorized — in exceptional cases — on humanitarian grounds, on grounds of national interest or because of international obligations due to their failure to fulfill one or more of the conditions laid down by law, if he/she does not have any form of authorization to reside in the territory of Hungary;

g)[136] who has applied for stateless status, for the duration of such proceedings, if he/she does not have any form of authorization to reside in the territory of Hungary;

j)[138] who has filed an application for a residence permit for the purpose of highly qualified employment in any Member State of the European Union, and has re-entered the territory of Hungary for the period of unemployment after the EU Blue Card has expired or has been withdrawn.

(2) The validity period of a certificate of temporary residence:

a)[140] shall be three months in the case specified in Paragraph k) of Subsection (1), and it may not be extended.

(3)[142] A certificate of temporary residence constitutes the right of residence in the territory of Hungary, it may not be used for exit or reentry, it shall become void upon the third-country national’s departure, when it shall be surrendered. The certificates surrendered shall be returned to the issuing authority.

Provisions relating to the Entry and Residence of the Civilian Personnel, and their Relatives, under the Convention between the Parties to the North Atlantic Treaty on the Status of their Forces, signed in London on 19 June 1951

Section 31.

(1) With regard to the entry and residence of civilian staff and their relatives (hereinafter referred to as «civilian personnel») described under Paragraph b) of Article I of the Convention between the Parties to the North Atlantic Treaty on the Status of their Forces, signed in London on 19 June 1951 (hereinafter referred to as ‘NATO-SOFA Agreement’) and promulgated by Act CXVII of 1999, and for the verification of the status of such personnel described under Point 3 of Article III, the provisions of this Act shall be applied subject to the exceptions set out in Subsections (2)-(3) of this Section.

(2)[144] Third-country nationals with permanent resident status shall have the rights afforded in the Fundamental Law and in other legislation.

(3)[146] The competent authority shall notify the central body operating the register of personal data and address records of citizens concerning:

a) the issue of a permanent residence permit to a third-country national with refugee status or subsidiary protection status for the purpose of registration of the new status in addition to the existing one;

b) the withdrawal of a permanent residence permit, or an interim, national or EC permanent residence permit; and

c) the withdrawal of an immigration permit.

Section 33.

(1) The third-country nationals applying for interim permanent residence permit, a national permanent residence permit or an EC permanent residence permit must satisfy the following conditions:

a)[148]

b)[150] who is subject to expulsion or exclusion from the territory of the Republic of Hungary or for whom an alert has been issued in the SIS for the purposes of refusing entry.

d)[152]

a) an interim permanent residence permit shall be issued for him/her if the parent has an interim permanent residence permit;

b) a national permanent residence permit shall be issued to him/her if the parent has an immigration permit, a permanent residence permit, national permanent residence permit or an EC permanent residence permit.

Interim Permanent Residence Permit

Section 34.

(1)[154]

a) for the purpose of gainful employment, with the exception of seasonal employment;

b) for the pursuit of studies or for the purpose of vocational training; or

c) for other justified reasons;

if able to meet all other conditions specified by the relevant legislation.

(2)[156] The validity period of an interim permanent residence permit shall be five years maximum, and it may be extended by five additional years at a time. An application for the extension of an interim permanent residence permit may not be refused for the public health reasons referred to in Paragraph h) of Subsection (1) of Section 13, if the disease was contracted after the first interim permanent residence permit was issued.

(4) The period of validity of the interim permanent residence permit of a family member referred to in Subsection (2) shall correspond to the duration of the third-country national’s interim permanent residence permit.

(5) An interim permanent residence permit may be withdrawn if the third-country national no longer satisfies the requirements set out in Paragraph a) or b) of Subsection (1) of Section 33.

(6) The interim permanent residence permit must be withdrawn from a third-country national who has been expelled or excluded.

(7) The interim permanent residence permit issued to a family member of a third-country national according to Subsection (2) must be withdrawn if:

a) the third-country national’s interim permanent residence permit had been withdrawn;

b) the family relationship no longer exists, unless the family member in question satisfies the conditions set out in Paragraphs a) and b) of Subsection (1) of Section 33 following the third-country national’s death.

(8) The immigration authority shall notify the Member State of the European Union concerning the issue of an interim permanent residence permit, and also if withdrawn with the reasons indicated, where the EC residence permit certifying long-term residence status was issued for the third-country national.

(9)[158] Where a third-country national holding a EC residence permit certifying long-term residence status has been granted refugee status or subsidiary protection by the Hungarian refugee authority or court, the immigration authority shall — before making out the interim permanent residence permit — contact the Member State of issue of the EC residence permit with the data specified in Section 94 indicated to update the heading ‘Remarks’ of the EC residence permit.

National Permanent Residence Permit

Section 35.

(1) National permanent residence permits may be issued — with the exception set out in Subsection (4) — to third-country nationals holding a residence permit or an interim permanent residence permit for establishing residence in the territory of Hungary, if:[160] having lawfully resided in the territory of Hungary continuously for at least the preceding three years before the application was submitted;

b)[162] having a residence permit issued under Subsection (3) of Section 28 of this Act for at least six months immediately before the application was made;

f)[164] an under-age children of a third-country national with immigrant or permanent resident status or who has been granted asylum.

(2)[166] The immigration authority may authorize a third-country national to establish permanent residence in the territory of Hungary in the event if any discontinuity of residence for a period longer than that described in Subsection (2), if residence was discontinued for a substantial reason, such as medical treatment of foreign assignment of the third-country national in connection with his/her gainful employment.

(4) The third-country nationals recognized by the refugee authority as refugees may apply for a national permanent residence permit in the absence of a long-term visa or residence permit.

(5)[168] Under special circumstances the third-country national who is unable to satisfy the conditions set out in Paragraph a) of Subsection (1) of Section 13, Subsection (1) of Section 33 and Subsection (1) of Section 35 may be granted a national permanent residence permit by decision of the minister in charge of immigration.

(2)[170] it was issued on the grounds of family reunification, and the marriage was dissolved within three years from receipt of the permit for reasons other than the spouse’s death, or if the third-country national no longer has parental custody, unless the third-country national in question has resided in Hungary for at least four years under permanent resident or immigrant status;

c)[172] the immigration authority has withdrawn the authority to reside in the territory of Hungary of the third-country national exercising parental custody over a minor child who is a third-country national, and the continued residence of the minor with the other parent with parental custody is not ensured in the territory of Hungary;

c)[174] EC permanent residence permits may be issued for long-term residence in the territory of Hungary to a third-country national:[176] who has lawfully resided in the territory of Hungary continuously for at least a period of five years before the application was submitted; or

b) who was issued an EU Blue Card, and

ba)[178] third-country nationals residing in the territory of Hungary in order to pursue studies in an institution of higher education or vocational training;

b)[180] third-country nationals residing in the territory of Hungary under diplomatic or other personal immunity;

d)[182] third-country nationals recognized by the Hungarian refugee authority or court, or by any Member State of the European Union as refugees or having granted any subsidiary form of protection, on the basis of such status, if refugee status or subsidiary protection is no longer available; and

g)[184] The duration of residence of a third-country national in the territory of Hungary under refugee status, or under any subsidiary form of protection or temporary protection shall be included in the duration specified in Subsection (1).

(5a)[186] The following shall not be deemed as discontinuity of residence:

a)[188] the third-country national was absent from the territory of Hungary for a period of over six years;

d) the third-country national disclosed false information or untrue facts to the immigration authority in the interest of obtaining the permit;

e) the third-country national is expelled or excluded.

f)[190] The immigration authority may withdraw the EC permanent residence permit if the third-country national no longer enjoys refugee status or subsidiary protection.

(2) Any third-country national whose EC permanent residence permit the immigration authority has withdrawn under Paragraphs a)-c) of Subsection (1) shall be granted a new EC permanent residence permit when re-applying, without checking the condition specified in Subsection (1) of Section 38.

Chapter V

Regulations Pertaining to Third-Country Nationals

Refusal of Entry and Assisted Return

Section 40.

(1) The authority carrying out border checks shall refuse the entry of third-country nationals seeking admission for staysfor an intended duration of no more than ninety days according to the provisions of the Schengen Borders Code, and shall return such persons — in due observation of its interests:[192] If the return procedure cannot be carried out within the time limit specified in Paragraph b) of Subsection (1), the third-country national shall be expelled. If expulsion is ordered for reasons other than what is contained in Paragraph d) of Subsection (2) of Section 43, the third-country national in question may not be excluded.

Expulsion and Voluntary Departure[194]

(1)[196] If the court’s decision is for expulsion or the immigration authority considers that the conditions for the third-country national’s expulsion under this Act do exist, the immigration authority shall — with the exceptions set out in this Act — adopt a decision ordering the third-country national in question to leave the territory of the Member States of the European Union.

(3)[198] Where justified by the personal circumstances of the person expelled — such as the length of stay in the territory of Hungary, on account of which more time is required for making preparations for departure, or the existence of other family and social links -, the immigration authority may — upon request or on its motion — extend the period for voluntary departure by a period of up to thirty days. If the child who is in the parental custody of an expelled third-country national pursues studies in an public education institution, the immigration authority may — upon request or on its motion — extend the period for voluntary departure by a period up to the end of the running semester. Extension of the time limit for voluntary departure shall be ordered by way of a ruling.

(5) Enforcement of ruling on the extension of the time limit for voluntary departure may be contested.

(6) No time limit for voluntary departure shall be specified, or the immigration authority may set the deadline for leaving the territory of the Member States of the European Union before the seventh day following the time of delivery of the resolution for expulsion in the following cases:

a) the third-country national’s right of residence was terminated due to his/her expulsion or exclusion, or for whom an alert has been issued in the SIS for the purpose of refusing entry and the right of residence;

b) the third-country national’s application for residence permit was refused by the authority on the grounds referred to in Paragraphs b) and d) of Subsection (1) of Section 18;

c)[200] The provisions of Subsections (3)-(4) shall apply with respect to persons eligible for preferential treatment, taking due account of their special needs stemming from their specific situation.

Expulsion Ordered Under Immigration Laws and Exclusion

Section 43.[202] who must not be allowed to enter the territory of Hungary under international commitment; or

b) who is to be excluded by decision of the Council of the European Union;

c) whose entry and residence represents a threat to national security, public security or public policy;

d) who has failed to repay any refundable financial aid received from the State of Hungary;

e)[204] has crossed the frontier of Hungary illegally, or has attempted to do so;

b) fails to comply with the requirements set out in this Act for the right of residence;

c) was engaged in any gainful employment in the absence of the prescribed work permit or any permit prescribed under statutory provision;

d) whose entry and residence represents a threat to national security, public security or public policy; or

e) whose entry and residence represents a threat and is potentially dangerous to public health.

(3) An independent exclusion order, and an expulsion order under immigration laws may be issued upon the initiative of law enforcement agencies delegated under the relevant government decree on the grounds referred to, respectively, in Paragraph c) of Subsection (1) and Paragraph d) of Subsection (2) within the framework of discharging their duties relating to the protection public policies defined by law. Where exclusion is ordered independently on the grounds referred to in Paragraph c) of Subsection (1), the law enforcement agencies delegated under the relevant government decree shall make a recommendation as to the duration of such exclusion in cases falling within their jurisdiction.

Section 44.

(1)[206] An exclusion that was ordered independently under Paragraphs a)-b) of Subsection (1) of Section 43 may not be appealed.

Section 45.

(1)[208] links of the third-country national to Hungary, or the absence of links with the country of origin.

(2) Any third-country national who:

a)[210] The immigration authority shall adopt an expulsion order with respect to a person specified in Subsection (2) having regard to the factors described in Subsection (1).

(2b)[212] If refugee status or subsidiary protection of the person affected still exist, the immigration authority shall expel the third-country national holding an EC residence permit certifying long-term residence status from the territory of Hungary to the Member State where refugee status or subsidiary protection exist.

(2d)[214] If a third-country national holding an EC permanent residence permit, or his/her family member has been expelled by any Member State of the European Union, he/she shall be allowed to return to the territory of Hungary even if his/her EC permanent residence permit has expired.

(3) The provisions of Subsection (2) shall also apply to the immediate family members — defined in specific other legislation — of a third-country national who has applied to the refugee authority for refugee status for the duration of the application pending, and those with refugee status or to whom any subsidiary form of protection or temporary protection was granted.

(4)[216] The immigration authority may abstain from ordering the expulsion of a third-country national who resides in the territory of Hungary illegally, if he/she is the subject of a pending procedure for renewing his or her residence permit or other authorization offering a right to stay in the territory of Hungary.

(7)[218] A third-country national holding an authorization issued by a Member State of the European Union offering a right to stay in the territory of that Member State, may be expelled only if:

a)[220] his/her residence in the territory of Hungary represents a serious threat to national security, public security or public policy.

(8a)[222] A third-country national holding an EU Blue Card issued by any Member State of the European Union shall be expelled to the Member State having issued the EU Blue Card, even if the EU Blue Card has expired during the third-country national’s stay in Hungary.

(8c)[224] If the immigration authority decided to abstain from ordering expulsion of third-country national on the grounds specified in Subsections (3)-(5), and the third-country national affected is unable to satisfy the statutory requirements of residence, the immigration authority shall issue a humanitarian residence permit on his/her behalf.

Section 45/A.[226]

(1) By way of derogation from Subsection (2) of Section 43, the immigration authority shall not order the expulsion of any third-country national residing unlawfully, who has been readmitted by another Member State of the European Union under a bilateral readmission agreement or other similar agreement signed before 13 January 2009.

(2) Return under the readmission agreement shall be decided by the immigration authority by way of a ruling, that may be contested by the third-country national affected by lodging a complaint within twenty-four hours following the time of delivery of the ruling. Implementation of the ruling on the return order shall not be suspended upon receipt of the said complaint.

(3) The provisions on deportation measures shall also apply to return under readmission agreement.

Section 46.

(1)[228] the time limit for voluntary departure from the territory of the Member States of the European Union, or from the territory of Hungary in the cases defined by this Act;

e) a warning to the third-country national affected of facing deportation in the eventuality of his/her refusal to depart voluntarily; and

f) the obligation for being photographed and fingerprinted.

(2) Expulsion orders may not be appealed; however, a petition for judicial review may be lodged within eight days of the date when the resolution was delivered. The court shall adopt a decision within fifteen days upon receipt of the petition.

(3)[230] The final decision of expulsion and the duration of exclusion shall be recorded in the passport in the form of an entry, unless the third-country national affected is holding a valid residence permit issued by any Member State of the European Union. The entry shall not be made if the foreign national affected agrees to leave Hungary on his/her own accord, or leaves the territory of Hungary within the framework of a voluntary return program.

Section 47.[232] The third-country national affected shall have the right to appeal the resolution adopted separately on exclusion. There shall be no further appeal against the resolution. The appeal shall be submitted within twenty-four hours from the time of delivery of the resolution to the same immigration authority that has ordered it. The immigration authority shall forward the appeal, together with the documents of the case, to the authority of competent jurisdiction, that shall render a decision within eight days.

(4) Where expulsion is ordered on the grounds defined in Subsection (2) of Section 43, the immigration authority may also order exclusion taking into account the nature and severity of the infringement, the personal circumstances of the third-country national concerned, and as to whether his/her continued residence represents a serious threat to public security, public policy or national security.

(5) The duration of an exclusion measure, ordered in conjunction with expulsion or separately, shall be determined in years, and — subject to the exception set out in Subsection (6) — may not exceed five years.

(6)[234] Third-country nationals whose exclusion was ordered may enter the territory of Hungary only upon the special consent of the ordering authority.

(9) The immigration authority may withdraw — upon request or on its own motion — the exclusion order if:

a) the exclusion measure was ordered in conjunction with expulsion against a third-country national under Subsection (2) of Section 43, and the third-country national affected is able to demonstrate that he or she has left the territory of a Member State in full compliance with the resolution for expulsion, or

b) continued enforcement is no longer justified due to major changes in the underlying circumstances.

(10)[236] Where expulsion is ordered before the application for asylum is submitted, the immigration authority shall suspend the execution of such measure until the binding conclusion of the asylum procedure conducted under specific other legislation, if the third-country national has the right of residence within the territory of Hungary. The decision ordering suspension cannot be contested.

Section 48/A.[238]

(1) Where, in accordance with the Dublin Regulations, any State that applies the Dublin Regulations is required to take the applicant back, the refugee authority shall adopt a ruling on returning the third-country national affected.

(2) The ruling on the return order may be subject to judicial review.

(3) The petition for judicial review shall be submitted to the refugee authority within three days following the date of delivery of the ruling. The refugee authority shall forthwith forward the petition for judicial review to the competent court together with the documents of the case and any cross-complaint attached.

(4) The petition for judicial review shall be adjudged by the court — within eight days following receipt of the petition for judicial review — in nonjudicial proceedings, relying on the available documents. In the proceedings personal interviews may not be conducted. The court’s decision is final, and it may not be appealed.

(5) Pending judicial review, implementation of the ruling on the return order shall not be suspended upon receipt of a request therefor.

Section 48/C.[240] Where expulsion is ordered by the court it shall be carried out by the immigration authority by way of a ruling; this measure may be contested.

(2) The court or the penal institution shall forthwith notify the immigration authority to carry out the expulsion when it becomes final.

(3) The immigration authority, upon receipt of the notice referred to in Subsection (2), shall order the expulsion to be enforced.

Costs of Expulsions

Section 50.

(1) The costs associated with expulsion shall be borne by the person expelled or — if lacking the financial means necessary — by his/her host.

(2) In order to secure the costs of departure, the competent authority may seize the travel ticket if the third-country national in question has one, or — if sufficient financial means cannot be ensured otherwise — may confiscate his money in the amount as is required to purchase the ticket and to obtain a travel document; these actions may not be contested.

(3) Where the expulsion measure cannot be carried out because neither the person being expelled nor his/her host has the financial means necessary, the competent authority shall advance the costs of departure.

(4) The costs advanced according to Subsection (3) shall be repaid:

a) by the person expelled;

b) by the host if the person affected was invited;

c)[242] by the research organization if the person affected was admitted for the purposes of carrying out a research project and if expulsion was ordered under Paragraph b) of Subsection (2) of Section 43.

(5) The liability of the research organization mentioned in Paragraph d) of Subsection (4) shall remain in effect for six months following termination of the hosting agreement.

Prohibition of Return, and for Ordering and Carrying Out Expulsion Measures

Section 51.

(1)[244] In connection with any third-country national whose application for asylum is pending, prohibition against refoulement and/or expulsion shall apply and such person may not be returned or expelled if the third-country national in question has the right of residence within the territory of Hungary under specific other legislation.

Section 52.

(1) The immigration authority shall take into account the principle of non-refoulement in the proceedings relating to the ordering and enforcement of expulsion measures.

(2) A ban for the enforcement of expulsion measures ordered by the court may be imposed by the sentencing judge.

(3)[246]

(1) If there is no safe third country offering refuge to the third-country national affected, if assisted return or expulsion is not an option, the immigration authority shall grant refugee status to the third-country national in question, and shall issue a humanitarian residence permit in accordance with Paragraph b) of Subsection (1) of Section 29.

(2) When the grounds for refugee status cease to apply, the immigration authority shall withdraw the refuge status.

(3) Refugee status shall also have to be withdrawn if the third-country national:

a) was granted the right of residence on other grounds, or

b) failed to appear before the competent authority in the course of the review of his/her refugee status upon receipt of notice from the immigration authority, within three months from the date of the notice.

Photographing and Fingerprinting

Section 53.

(1)[248] As regards applications for local border traffic permits, residence permits, EU Blue Cards, interim permanent residence permits, national and EC permanent residence permits, and the issue of humanitarian residence permit under Paragraphs a)-b) and d)-f) of Subsection (1) and Subsection (1a) of Section 29 the immigration authority shall proceed in accordance with Council Regulation (EC) No. 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals, and Council Regulation (EC) No. 380/2008 of 18 April 2008 amending Regulation (EC) No. 1030/2002 laying down a uniform format for residence permits for third-country nationals.

(2) The above-specified third-country national shall submit to having his/her fingerprint and a photograph of his/her face taken.

Detention

Section 54.[250] The immigration authority may order the detention of the third-country national prior to expulsion in order to secure the conclusion of the immigration proceedings pending, if his/her identity or the legal grounds of his/her residence is not conclusively established, or if the return of the third-country national under the bilateral readmission agreement to another Member State of the European Union is pending.

(2) Detention prior to expulsion shall be ordered by way of a formal resolution, and shall be carried out when communicated.

(3)[252]

(1) The detention of a third-country national under immigration laws or prior to expulsion (hereinafter referred to collectively as “detention”) may not be ordered for the sole reason that the third-country national is an applicant for asylum.

(2) Subject to the exception set out in Subsection (3), the detention of a third-country national who is a minor may not be ordered.

(3) Families with minors shall only be detained as a measure of last resort and for not more than thirty days where the best interests of the child shall be a primary consideration, if the immigration authority is of the opinion that the objective of detention cannot be ensured by the provisions of Subsection (2) of Section 48 or Subsection (1) of Section 62.

(4) If a third-country national who was previously detained is placed under immigration proceedings on the basis of new facts, the duration of such previous detention shall not be factored in the duration of detention.

(5) Detention shall be terminated immediately when the grounds therefor no longer exist.

Complaints

Section 57.

(1) Third-country nationals may not apply for the suspension of proceedings for ordering their detention.

(2)[254] The complaint shall be adjudged by the district court of jurisdiction by reference to the place of detention.

(5)[256] The court shall adopt a decision for such complaints within eight days.

Extension of the Duration of Detention by Court Order

Section 58.

(1)[258] The court may grant an extension of detention in immigration proceedings for a maximum duration of sixty days at a time. Any additional sixty-day extension of detention in immigration proceedings may be requested at the court by the immigration authority, where the court must receive the request within eight working days prior to the due date for extension.

(3) The immigration authority shall provide an explanation for the aforesaid request.

Common Provisions for Court Procedures

Section 59.

(1) The court shall proceed with a single judge presiding in proceedings concerning complaints and for the extension of detention and shall conclude the case by way of a ruling.

(2) If the court has dismissed a complaint or a motion for extension, another request or motion may not be lodged on the same grounds.

(3) In the court proceedings representation for the third-country national may only be provided by a legal representative.

(4) The court shall appoint a representative ad litem for any third-country national or his/her family member who does not understand the Hungarian language and is unable to contract the services of a legal representative on his/her own.

(5) In any case concerning the extension of detention beyond the seventy-two-hour time limit by the court, and in proceedings relating to complaints and further extension of detention the detainee shall be granted a personal hearing upon request.

(6) The hearing may be conducted at the place of detention and in the absence of the third-country national’s legal representative.

(7) The court may disregard the holding of a hearing if the third-country national is unable to attend due to being treated in an in-patient medical institution, or if the complaint or the motion does not originate with a party entitled to do so.

(8) The third-country national and the immigration authority shall present their evidence in writing or verbally during the hearing. Parties shall be given the opportunity to study the evidence presented. If the third-country national is not present, or the proponent authority is not represented, but they have submitted their comments in advance in writing, they will be introduced by the court.

(9) The court’s decision shall be delivered to the third-country national affected, and to the immigration authority. If the third-country national has a legal representative or a representative ad litem, they shall be informed as well. The court decision shall be announced verbally and shall also be delivered in writing without delay.

(10) The court’s decision is final.

(11) The court proceedings are exempt from charges.

Execution of Detention

Section 60.

(1) The third-country national placed under detention shall be informed of his/her rights and obligations in his/her native language or another language he/she understands.

(2)[260] With the exception of married couples, men placed under detention shall be housed in separate quarters from women, furthermore, families with minors shall be provided with separate accommodation from all other detainees guaranteeing adequate privacy.

(3) Third-country nationals placed under detention shall have the right to:

a) housing and nourishment, have the right to wear their own clothes or shall be provided with seasonal clothing if necessary, and emergency and basic medical care as specified in specific other legislation;

b) consult their legal representative or a member of the consular representation of their host country without any censorship, and to be visited by relatives under censorship;

c) send and receive packages and letters as specified in specific other legislation, and to receive visitors;

d) supplement their diet at their own expense;

e)[262] minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age;

j)[264] with the exception provided for in Subsection (5), repay the costs of their keep and support and cover the costs of any damage caused willfully.

(5)[266]

(1) Subsection (1) of Section 58 and Subsection (1) of Section 61 shall not apply in situations where an exceptionally large number of third-country nationals to be returned places an unforeseen heavy burden on the capacity of hostels of restricted access, or on the immigration authority itself.

(2)[268] cannot be returned or expelled due to commitments of Hungary conferred upon it in international treaties and conventions;

b) is a minor who should be placed under detention;

c)[270] should be placed under detention under immigration laws according to Paragraph a) or b) of Subsection (1) of Section 54, and detention would result in a disproportionate punishment taking into account the state of health and age of the third-country national concerned.

(2) The operative section of the resolution shall specify:

a) the place of compulsory confinement;

b) the code of conduct to be observed;

c) the obligation to appear at specific intervals before the authority if the place of confinement is not a community hostel or a refugee center.

(2a)[272] Compulsory confinement proceedings may not be suspended upon the third-country national’s request.

(6)[274] The immigration authority shall terminate the confinement of a third-country national in an assigned place by way of a resolution, if:

a) the third-country national has absconded or left without authorization the assigned place and did not return within one month;

b) the grounds for confinement in an assigned place no longer exist; or

c) two months have lapsed from the date when compulsory confinement in a community hostel or reception center was ordered.

(9)[276]

If two months have lapsed from the date when compulsory confinement in a community hostel or reception center was ordered, but the circumstances serving grounds therefor still exists, the third-country national in question shall be transferred to another assigned place.

Section 64.[278]

(1) A return or expulsion measure ordered by the court or the immigration authority shall be enforced by way of transporting the third-country national affected under official escort (hereinafter referred to as “deportation”) if the third-country national:

a) is released from imprisonment as sentenced for a deliberate crime;

b)[280] The immigration authority shall forward the complaint, together with the documents of the case, to the authority of competent jurisdiction, that shall render a decision within eight days.

(5) The third-country national affected may lodge a complaint against the deportation measure.

(6) The third-country national affected may request suspension of the deportation procedure in the complaint submitted against the deportation measure according to Subsection (3).

(7) The immigration authority may cooperate in the enforcement of expulsion ordered by a country that is required to apply the provisions of Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air.

(8) The deportation of a person shall be abandoned if:

a) the entry of the person deported to the country of destination is no longer an option;

b) the person deported requires urgent medical attention;

c) the country from whom permission was requested for using its territory for transit by air in connection with deportation as prescribed in specific other legislation (hereinafter referred to as “requested State”) did not grant consent, or revoked its previous consent;

d) the person deported entered the territory of the requested State without authorization during transit.

(9) The competent public prosecutor shall oversee the deportation procedure in accordance with the relevant regulations.

(10)[282]

Section 66.[284] The immigration authority shall be empowered to process the personal data of third-country nationals contained in the storage medium of the document evidencing their right of residence including biometric data, obtained by recording the physical attributes (facial image, fingerprint images) of such persons, by way of reading the personal data from the storage medium for the purposes specified in point 4 of Article 1 of Council Regulation (EC) No. 380/2008 of 18 April 2008 amending Regulation (EC) No. 1030/2002 laying down a uniform format for residence permits for third-country nationals.

(4b)[286]

Section 67/A.[288] The immigration authority shall have powers to take the fingerprints of third-country nationals for the purpose of cross-referencing in the system for the exchange of visa data established under Council Decision 2004/512/EC (hereinafter referred to as “Visa Information System”), and for the purpose of verification under Articles 19 and 20 of Regulation (EC) No. 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (hereinafter referred to as “VIS Regulation”).

(2) The immigration authority shall be authorized to process the fingerprints collected for the purposes mentioned in Subsection (1) for running the search under Articles 19 and 20 of the VIS Regulation, until it is completed, and shall thereafter delete them without delay.

Warrant of Arrest

Section 68.

(1) In order to locate a third-country national whose whereabouts are unknown, the immigration authority may issue a warrant if the person in question:

a) is subject to any immigration proceeding specified in this Chapter;

b) has escaped from detention or is on unauthorized absence from the place of compulsory confinement in violation of the code of conduct;

c) failed to comply with the final decision of expulsion.

(2) When the grounds for such a warrant cease to prevail, it shall be withdrawn forthwith.

Chapter VI

Vested Responsibilities

Section 69.

(1)[290] if its passenger is refused admission to Hungary for lacking any of the requirements specified by law;

b)[292] The immigration authority shall impose a penalty for the protection of public policy by recommendation of the authority carrying out border checks upon any air carrier who fails to supply information — in violation of the provisions set out in the Aviation Act — on passengers it transports from outside of any Member State of the European Union or from outside of the territory of any Schengen State into the territory of Hungary.

(2) The provisions laid down in Subsection (1) shall also apply where the information the air carrier has supplied is incomplete or untrue stemming from its failure to exercise due care and diligence.

Section 71.[294] The main contractor and all subcontractors shall be jointly and severally liable with the employing subcontractor for payment of the penalty for the protection of public policy, where they knew or should have been aware given reasonable care that the employing subcontractor employed third-country nationals without residence authorization prescribed by this Act.

Section 72.

Hosts shall be held liable for damages they cause to others resulting from any infringement of their obligations.

Chapter VII

Notification Requirements

Obligation of Third-Country Nationals to Register their Place of Accommodation

Section 73.

(1) Third-country nationals shall be required to register their place of accommodation and shall simultaneously disclose the following information to the immigration authority:

a) the natural identification data specified in Section 94;

b) particulars of the travel document;

c) address of place of accommodation;

d) date of arrival to and estimated departure from the place of accommodation;

e) serial number of visa or residence permit; and

f) date and place of entering the country.

(2) Operators of commercial lodgings and other hotel establishments of legal persons shall keep records (guest books) on the prescribed forms of the information of their guests who are third-country nationals as defined in Subsection (1).

Registration of Birth

Section 74.

Third-country nationals holding a visa for an intended stay of no more than ninety days, or a visa for an intended stay of more than ninety days within any one hundred eighty day period, a residence permit, and third-country nationals with immigrant or permanent resident status shall report the birth of a child in the territory of Hungary and shall simultaneously supply the following information:[296]

Section 74/A.[298]

(4) Unless otherwise stipulated by international agreement, third-country nationals whose travel document is lost, stolen, destroyed or has expired shall obtain a replacement travel document. Such third-country nationals shall be allowed to leave the country only in possession of the new travel document and a certificate of the notification referred to in Subsection (1), or in possession of the expired travel document.

(5) The immigration authority shall provide for the forwarding of any travel documents found via the minister in charge of foreign policies to the foreign representation of the State having jurisdiction at the place of issue.

Notification Requirement Applicable to Third-Country Nationals Holding EU Blue Cards[300]

Third-country nationals holding an EU Blue Card shall notify the immigration authority concerning the termination of their contracts for employment relationship, of entering into another similar contract subsequently, within five days from the date of commencement and termination of such contracts.

Chapter VIII

Stateless Status and Issuing Travel Documents to Third-Country Nationals

Proceedings for the Recognition of Stateless Status

Section 76.

(1)[302] The Fővárosi Közigazgatási és Munkaügyi Bíróság (Budapest Court of Public Administration and Labor) — having exclusive jurisdiction in such cases — shall adopt a decision within ninety days of receipt of the petition. In the hearing the petitioner shall be interviewed in person. Personal hearing is not required if the petitioner cannot be reached at the address on record or if moved to a place unknown. The court may overturn the resolution.

(4) The proceedings for the recognition of stateless status are exempt from charges.

Section 81.

The representative of the Office of the United Nations High Commissioner for Refugees may participate in any stage of the proceedings for the recognition of stateless status, and:

a) he may be present when the petitioner is interviewed;

b) he may provide administrative assistance to the petitioner;

c) he may gain access to the documents of the proceedings and make copies thereof;

d) the immigration authority shall send the administrative resolution or court decision to him.

Issuing Travel Documents to Third-Country Nationals

Section 82.[304] The immigration authority shall issue a travel document for the purpose of traveling abroad, permitting reentry to the territory of Hungary if requested by a third-country national with immigrant or permanent resident status, if he/she does not have a valid travel document from his/her country of origin and if such cannot be replaced for reasons beyond his/her control.

(2) The above-specified travel document shall be valid for one year from the date of issue.

Section 84.

The immigration authority may issue a travel document for a single occasion to a third-country national for the purpose of return to the country of his/her permanent residence, if the travel document of such person was lost or destroyed and cannot be replaced.

Section 85.

(1)[306]

Upon receipt of notice from the court or public prosecutor under the Act on International Travel, the immigration authority shall confiscate the travel document of third-country nationals holding a travel document issued by the immigration authority, or of stateless persons residing in the territory of Hungary, whose travel document is to be confiscated on the basis of such notice.

Chapter IX

Common Provisions

Section 87.

(1) Upon receipt of a visa application the competent authority shall issue the visa or shall reject the application by way of a resolution.

(2) A visa may be issued in expedited proceedings to a minor if the verifiable purpose of entry is the minor’s medical treatment.

(3) In visa proceedings the competent authority shall hear the applicant if he/she is a minor with limited legal capacity or if incompetent. Such hearing shall be attended by the minor’s legal representative or by a person of legal age with legal capacity who has been duly authorized by the legal representative.

Section 88.

(1) In the proceedings launched upon request in accordance with this Act the client shall submit his/her request in person. The competent authority may not require an applicant to appear in person who is unable to do so due to health reasons.

(2) In the proceedings referred to in Subsection (1), with the exception of visa applications, if the request the client has submitted is incomplete, the competent authority shall promptly make out a notice for requesting the missing information.

(3)[308] the court’s decision adopted in connection with the extension of such detention.

(3) The fact and time of conveyance shall be recorded in a protocol and it must be signed by the client.

(4) If the client’s whereabouts is unknown, the resolution or ruling shall be conveyed by way of a posted notice, with the exception set out in Subsection (5). An administrator for service of process shall not be appointed.

(5)[310] Where no appeal is permitted under this Act, reopening the case may not be requested.

(2) In the proceedings governed in this Act, the rulings adopted in the first instance by the authority of the second instance may not be appealed.

Section 91.

(1) In visa proceedings the costs of translation and interpreting services, and the fees of a sign language interpreter (hereinafter referred to as «costs of language services») shall be borne by the applicant.

(2) In addition to what is contained in Subsection (1), in the proceedings launched upon request under this Act the costs of delivery of the decision and the costs of language services shall be covered by the competent authority, whereas the costs of language services in other proceedings shall be borne by the applicant.

(3) In proceedings launched ex officio under this Act, the costs of language services shall be borne by the competent authority.

Section 92.

In proceedings launched ex officio under this Act, in cases of emergency the competent authority may use an interpreter in the absence of an order of appointment subject to a contract between the authority and the interpreter.

Section 92/A.[312]

The immigration authority shall entrust the data processing duties related to the central immigration register exclusively to government agencies, the bureau of forensic records specified in the Act on the Penal Register or business associations owned by the State exclusively.

Section 94.

The central immigration register shall contain the following natural identification data of the persons falling within the scope of immigration sub-registers (hereinafter referred to as «natural identification data»):

a) surname and forename (names);

b) surname and forename (names) at birth;

c) any previous surname and forename (names);

d) place and date of birth;

e) sex;

f) mother’s surname and forename (names) at birth;

g) nationality (nationalities) or stateless status.

Section 94/A.[314] the purpose of entry and the planned duration of stay, and the country of previous usual residence;

e) particulars of the documents provided in support of the conditions required for entry and stay;

f) the fact and reasons for the refusal of a new visa or for the renewal of an existing one, and for the withdrawal of a visa;

g)[316] the date and place of entry and exit, and the country of next usual residence;

i) address of the place of accommodation.

(2) The immigration authority shall process the data referred to in Subsection (1) for five years in connection with the refusal of a visa application from the date when refused, in connection with a visa issued (extended) from the date of expiry or the date of withdrawal.

(3)[318] The immigration authority having collected the fingerprint shall be authorized to process such fingerprint data until it is forwarded to the immigration authority in charge for the assessment of visa applications. Thereafter the fingerprint data must be deleted without delay.

(5)[320] the purpose of entry and the planned duration of stay, and the country of previous usual residence.

e) particulars of the documents provided in support of the conditions required for entry and stay;

f) the fact and reasons for the refusal of a new residence permit or for the extension of an existing one, and for the withdrawal of a residence permit;

g) the number, serial number and validity period of the residence permit issued (extended);

h)[322] facial images and fingerprint images taken in accordance with Regulation (EC) No. 1030/2002 laying down a uniform format for residence permits for third-country nationals and Council Regulation (EC) No. 380/2008 of 18 April 2008 amending Regulation (EC) No. 1030/2002 laying down a uniform format for residence permits for third-country nationals.

(2)[324] The immigration authority shall be allowed to process the data referred to in Paragraph j) of Subsection (1) insofar as the binding and enforceable decision is adopted relating to the application for residence permit, or until the humanitarian residence permit specified in Paragraphs a)-b) and d)-f) of Subsection (1) and Subsection (1a) of Section 29 is issued, after which the data in question must be deleted immediately.

(4)[326]

The immigration authority shall be allowed to process the facial images and fingerprint images taken for the purposes of local border traffic permits in accordance with Council Regulation (EC) No. 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals, and Council Regulation (EC) No. 380/2008 of 18 April 2008 amending Regulation (EC) No. 1030/2002 laying down a uniform format for residence permits for third-country nationals insofar as the binding and enforceable decision is adopted relating to the application for local border traffic permit, after which the data in question must be deleted immediately.

Section 97.

(1) The immigration authority shall process the following data of the host and the invited third-country national:

a) the natural identification data of the host, if a natural person, or the corporate name of the host if a legal person or business association lacking the legal status of a legal person;

b) the host’s home address if a natural person, or the host’s registered office (place of business) if a legal person or business association lacking the legal status of a legal person;

c) the natural identification data of the invited third-country national;

d) the duration of commitment;

e) the serial number of the letter of invitation with an official certificate affixed;

f) if the official certificate is refused, the reasons therefor.

(2) The immigration authority shall process the data referred to in Subsection (1) for five years following the expiration of the commitment.

Section 98.

(1) The immigration authority shall process the following data of third-country nationals in connection with certificates of temporary residence:

a) natural identification data;

b) facial photograph;

c) travel document particulars;

d) the reason for the issue of the certificate of temporary residence;

e) any extension of the certificate of temporary residence, and its withdrawal including the fact and reasons therefor;

f) the number, serial number and validity period of the certificate of temporary residence issued (extended);

g) address of the place of accommodation.

(2) The immigration authority shall process the data referred to in Subsection (1) for five years in connection with the certificate of temporary residence issued (extended) from the date of expiry, or from the date of withdrawal.

Section 99.

(1) The immigration authority shall process the following data of third-country nationals in connection with applications for immigration permits and permanent residence permits, interim permanent residence permits, national permanent residence permits or EC permanent residence permits, and the interim permanent residence permits, national permanent residence permits or EC permanent residence permits issued:

a) natural identification data;

b) facial photograph;

c) travel document particulars;

d) particulars of the documents provided in support of the conditions required for these permits;

e) the fact and reasons for the refusal of these permits or for the extension of existing ones, and for the withdrawal of these permits;

f) the number, serial number and validity period of the permits issued (extended);

g)[328] facial images and fingerprint images taken in accordance with Regulation (EC) No. 1030/2002 laying down a uniform format for residence permits for third-country nationals and Council Regulation (EC) No. 380/2008 of 18 April 2008 amending Regulation (EC) No. 1030/2002 laying down a uniform format for residence permits for third-country nationals.

(2)[330] The immigration authority shall be allowed to process the data referred to in Paragraph k) of Subsection (1) insofar as the binding and enforceable decision is adopted relating to the application for the permit aforementioned, after which the data in question must be deleted immediately.

Section 100.

(1) The immigration authority shall process the following data of third-country nationals whose travel document or document evidencing right of residence was reported lost or stolen:[332] type of travel document or document evidencing right of residence reported lost, stolen or destroyed, and its particulars, and an indication if an alert has been issued in the Schengen Information System;

c) the date and time when reported;

d) place and date of first entry;

e) address of the place of accommodation, home address;

f) name of the authority to which the report was filed;

g) the number and validity of the certificate evidencing residence and the name of the issuing authority;

h) the type, number and validity of the new travel document.

(2)[334]

a) natural identification data;

b) facial photograph and fingerprint;

c) name of the ordering authority and the number of the relevant resolution;

d) the legal grounds for the measure, order or resolution, and the related deadline or duration;

e) the fingerprint of the persons subject to expulsion under immigration laws or by court order.

(2) The immigration authority shall process the following data of third-country nationals in connection with requesting assistance relating to or the authorization of transit for the purposes of expulsion by air:

a) natural identification data;

b) the type, number and validity of the travel document;

c) particulars of direct flight or flights used for the purpose of expulsion (flight number, place of departure and arrival, time of departure and arrival);

d) the reasons for official escort, if any;

e) information relating to medical treatment and to contagious diseases that can be identified;

f) information concerning any previous failed attempt for expulsion.

(3) The immigration authority shall process the data specified in Subsection (1) for five years after the expulsion or exclusion is lifted.

(4) The immigration authority shall process the data specified in Subsection (2) for five years following the date when the request for transit was received.

Section 103.[336]

a) natural identification data;

b) address of the place of accommodation, home address;

c) information on the criminal proceedings (degree and description of the crime), name of the acting authority and the case number;

d) information on the extraordinary event, name of the acting authority and the case number.

(2) The immigration authority shall process the data specified in Subsection (1) for three years after the information obligation is discharged.

Section 105.

The immigration authority shall process the data specified in Article 8 (1) of Council Regulation 2725/2000/EC of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention.

Section 106.

(1) The immigration authority may disclose data of the type of data specified by law from the immigration sub-registers to the following bodies to the extent required to discharge their duties conferred upon them by legal regulation:

a) law enforcement agencies;

b) investigation authorities;

c) national security services;

d) the refugee authority;

e) tax authorities;

f) the authorities participating in immigration proceedings;

g) the customs authority;

h)[338] the pension insurance administration agency;

n)[340] district (Budapest district) offices of Budapest and county government agencies.

p)[342] The immigration authority may disclose data from the immigration sub-register to the coordination center for combating organized crime for the purpose of risk analysis of passenger data.

(2) The immigration authority shall maintain data transfer records on the disclosures of data specified in Subsection (1), indicating the body to which the data was disclosed and for what purpose. The immigration authority shall process the data contained in the data transfer records for five years following the time of transfer.

(3) If justified on the grounds of national security or criminal investigation, the immigration authority may refuse to disclose any information from the data transfer records.

(4) The immigration authority may request data in connection with its proceedings conducted under this Act from the following:

a) the register of personal data and address records of citizens;

b) the register of convicted criminals, the register of persons incarcerated and the register of individuals indicted under criminal charges;

c) the watch list;

d) the register of persons with work permits;

e) the register of companies;

f)[344] the register of taxpayers free of tax debt obligations.

(5)[346] The Nemzetközi Bűnügyi Együttműködési Központ (International Law Enforcement Cooperation Center), and the Hungarian law enforcement agency authorized under the Act on the International Cooperation of Law Enforcement Authorities to exchange information shall be entitled to disclose information from the immigration sub-registers to the law enforcement agencies of EEA Member States or third countries under international agreement, to the extent and for the purposes defined therein, promulgated by an act of Parliament on the international cooperation of law enforcement authorities.

(3)[348] In proceedings relating to the issue of interim and EC permanent residence permits, and relating to expulsion orders, in connection with the requests made according to Subsections (9)-(10) of Section 34 and Subsection (2b) of Section 45 the immigration authority shall be authorized to receive from the Member State of the European Union affected the third-country national’s personal data specified in Section 94, and information concerning refugee status and subsidiary protection.

Section 108.[350] the following provision shall replace Paragraph a) of Subsection (1) of Section14 of this Act:

a) visa for entitlement to receive a residence permit, for single entry into the territory of the Republic of Hungary for the purpose of collecting the residence permit and for stay for a period not to exceed thirty days;»;

b) [352] the following provisions shall replace Section 17 of this Act:

Section 17 (1) Unless otherwise prescribed in this Act, residence permits may be issued to third-country nationals who satisfy the requirements set out in Paragraphs a), c)-i) of Subsection (1) of Section 13, and

a) have a valid national visa if applying for a national residence permit, or

b) have a valid residence permit in the case of applications for the extension of residence permits.»;

d) [354] in Subsection (1) of Section 9 of this Act the passage «a), c) and e)» shall be replaced by «a) and c)-e)»

b) [356] in Paragraph a) of Subsection (1) of Section 18 of this Act the passage «c)-h)» shall be replaced by «c)-i)»;

d) [358] in Subsection (2) of Section 26 of this Act the passage «long-term visa» shall be replaced by «residence permit»;

f) [360]

c) Sections 57-80 of Act XXIX of 2004 on Amendments and Repeals of Legal Regulations and other Legislative Changes Related to Hungary’s Accession to the European Union, the preceding title «CHAPTER EIGHT» and the title «on the Amendment of Act XXXIX of 2001 on the Entry and Stay of Foreign Nationals», furthermore, Section 145;

d)[362]

Transitional Provisions

Section 110.

(1) The visas, residence permits, certificate of temporary residences issued before the time of this Act entering into force shall constitute the right of stay contained therein within their period of validity.

(2) The immigration permits and permanent residence permits issued before the time of this Act entering into force shall constitute the right of stay contained therein within their period of validity.

(3) The applications for visas and residence permits submitted before the time of this Act entering into force, and still pending, shall be assessed based on the provisions of this Act, with the exception that the applications submitted by third-country nationals for residence permits shall be treated — relying on their statements — as if they were submitted for interim permanent residence permits.

(4) The applications submitted for permanent residency before the time of this Act entering into force, and still pending, shall be assessed based on the provisions of this Act pertaining to national residence permits and EC residence permits, relying on the applicants’ statements.

(5) The detention of third-country nationals prior to expulsion ordered before the time of this Act entering into force shall be governed by the provisions of this Act pertaining to detention subject to expulsion, and the detention prior to removal and detention under immigration laws ordered before the time of this Act entering into force shall be governed by the provisions of this Act pertaining to detention under immigration laws.

(6)[364] The provision set out in Subsection (10) of Section 47 may be applied in connection with expulsions ordered before 1 July 2013.

(8)[366] The immigration authority shall examine — with respect to the third-country nationals referred to in Subsection (8) — by 31 October 2013 whether the circumstances for ordering their stay at an assigned place continue to prevail, and — if so — shall assign another place.

(10)[368] the conditions for issuing residence permits, certificates of temporary residence, interim permanent residence permits, national residence permits, EC residence permits and EU Blue Cards, and the formal requirements for these documents;

d) the travel documents recognized;

e) the detailed regulations concerning the issue, renewal and withdrawal of residence permits granted on humanitarian grounds, and the detailed regulations for cooperation between the immigration, national security and law enforcement agencies;

f) the conditions for providing official certificates for letters of invitation, and the detailed regulations for such proceedings;

g) the regulations concerning detention prior to expulsion or ordered under immigration laws, and for setting up and the designation of a compulsory place of confinement, and the detailed regulations for the provision of healthcare services and other assistance to third-country nationals in detention;

h) the detailed public health regulations pertaining to the entry and residence of third-country nationals in Hungary, and the financial requirements for health care services and the means of certification;

i) the amount limits of the financial penalties to be imposed on carriers and employers under this Act, and the procedure for levying them;

j) the rules of conduct for persons placed under compulsory confinement;

k) the regulations for the provisions to third-country nationals ordered to stay in the airport transit zone;

l) the regulations for the provisions and support granted to exiles and persons residing in community hostels and refugee centers, and to third-country nationals who are victims of trafficking in human beings;

m) the requirements set out for community hostels and the house rules of community hostels;

n) the detailed regulations for the entry and stay in Hungary of civilian personnel under the NATO-SOFA Agreement and of the relatives of such personnel;

o) the detailed regulations for recognition and enforcement of expulsion orders adopted by Member States;

p) the detailed regulations concerning the proceedings for the recognition of stateless status;

q) the detailed regulations for the issue of travel documents to third-country nationals.

r)[370] the content requirements for single permits and the conditions for their issue, and the rules for the single application procedure.

(1a)[372] The minister in charge of immigration is hereby authorized to decree — in agreement with the minister in charge of foreign policies, the minister in charge of supervising the national security services and the minister overseeing civil intelligence activities — the cases where, for reasons of public security and national security:[374] the consent of the central visa authority is required for the issue of a visa for an intended stay of no more than ninety days; and

b)[376] The minister in charge of immigration is hereby authorized to decree, in agreement with the minister in charge of foreign policies, the minister in charge of supervising the national security services, and the minister overseeing civil intelligence activities, the list of third countries whose nationals are required to hold airport transit visas in accordance with Article 3(2) of the Visa Code.

(8)[378] The minister in charge of public finances is hereby authorized to decree the detailed regulations for the issue of government bonds defined under Subparagraph aa) of Paragraph a) of Subsection (4) of Section 28.

Section 112.[380]

Section 114.[382]

Compliance with the Acquis

Section 120.

(1) This Act serves the purpose of partial compliance with the following legislation of the Communities:

a) Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985;

b) Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification;

c) Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents;

d) Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air;

e) Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities;

f) Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data;

g) Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service;

h) Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research;

i) Council Decision of 30 November 1994 on a joint action adopted by the Council on the basis of Article K. 3 (2) of the Treaty on European Union concerning travel facilities for school pupils from third countries resident in a Member State;

j) Council Resolution of 30 November 1994 relating to the limitations on the admission of third-country nationals to the territory of the Member States for the purpose of pursuing activities as self-employed persons;

k) Council Recommendation of 22 December 1995 on harmonizing means of combating illegal immigration and illegal employment and improving the relevant means of control;

l) Council Recommendation of 4 March 1996 relating to a common position in connection with airport transit zone measures;

m) Council Recommendation of 4 March 1996 relating to local consular cooperation regarding visas;

n) Council Resolution of 26 June 1997 on unaccompanied minors who are nationals of third countries;

o) Council Resolution of 4 December 1997 on measures to be adopted on the combating of marriages of convenience.

p)[384] Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment;

r)[386] Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011 amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection [Section 5, Subsection (5) of Section 32, Subsections (9) and (10) of Section 34, Paragraphs d), f) and g) of Subsection (2) of Section 38, Subsection (5a) of Section 38, Subsection (1a) of Section 39, Subsections (2a)-(2e) of Section 45 and Subsection (4) of Section 107];

t)[388] Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;

v)[390] Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State.

(2)[392] Regulation (EC) No. 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection.

f)[394] Council Regulation (EC) No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national;

h)[396] Articles 20-30 of Regulation (EC) No. 1987/2006 of the European Parliament and of the Council, 20 December 2006, on the establishment, operation and use of the second generation Schengen information system (SIS II);

j)[398] Regulation (EU) No. 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No. 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (hereinafter referred to as “Schengen Borders Code”), the Convention implementing the Schengen Agreement, Council Regulations (EC) No. 1683/95 and (EC) No. 539/2001 and Regulations (EC) No. 767/2008 and (EC) No. 810/2009 of the European Parliament and of the Council.

[2] Amended: by Section 300 of Act CCI of 2011. In force: as of 1. 01. 2012.

[4] Established: by Section 32 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[6] Amended: by subparagraph c) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[8] Amended by Section 81 of Act CCLII of 2013.

[10] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[12] Enacted: by Section 33 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[14] Enacted: by paragraph (2) Section 88 of Act CV of 2011. In force: as of 1. 08. 2011.

[16] Established: by paragraph (1) Section 57 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[18] Enacted: by paragraph (1) Section 60 of Act CLXXXI of 2012. In force: as of 1. 01. 2013.

[20] Enacted: by paragraph (2) Section 57 of Act XCIII of 2013. In force: as of 1. 01. 2014.

[22] Established: by Section 1 of Act XXVII of 2012. In force: as of 20. 05. 2012.

[24] Established: by paragraph (3) Section 13 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[26] Amended: by paragraph (2) Section 14 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[28] Amended: by paragraph (1) Section 14 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[30] Established: by Section 29 of Act XL of 2010. In force: as of 5. 04. 2010.

[32] Amended: by paragraph (2) Section 14 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[34] Established: by paragraph (1) Section 58 of Act XCIII of 2013. In force: as of 1. 07. 2013. Amended: by paragraph (2) Section 14 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[36] Enacted: by paragraph (2) Section 58 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[38] Enacted: by paragraph (2) Section 58 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[40] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012. Amended: by paragraph (2) Section 14 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[42] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012. Amended: by paragraphs (3) and (4) Section 14 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[44] Amended: by paragraph (3) Section 14 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[46] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[48] Amended: by paragraph (3) Section 14 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[50] Established: by paragraph (1) Section 64 of Act LXXVI of 2012. In force: as of 27. 06. 2012.

[52] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012. Amended: by paragraph (3) Section 14 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[54] Established: by subparagraph b) paragraph (3) Section 109 of Act II of 2007. In force: as of 21. 12. 2007.

[56] Amended: by subparagraph e) paragraph (2) Section 109 of Act II of 2007. Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[58] Enacted: by Section 36 of Act CXXXV of 2010. In force: as of 24. 12. 2010. Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[60] Amended: by subparagraph c) paragraph (4) Section 109 of Act II of 2007.

[62] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[64] Enacted: by Section 90 of Act CV of 2011. In force: as of 1. 08. 2011.

[66] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[68] Amended: by subparagraph b) paragraph (5) Section 109 of Act II of 2007.

[70] Amended: by subparagraph c) paragraph (5) Section 109 of Act II of 2007.

[72] Amended: by subparagraph c) paragraph (5) Section 109 of Act II of 2007.

[74] Established: by paragraph (1) Section 59 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[76] Enacted: by paragraph (2) Section 59 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[78] Established: by paragraph (1) Section 91 of Act CV of 2011. In force: as of 1. 08. 2011.

[80] Amended: by subparagraph h) paragraph (5) Section 109 of Act II of 2007.

[82] Enacted: by Section 92 of Act CV of 2011. In force: as of 1. 08. 2011.

[84] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[86] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[88] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[90] Established: by Section 3 of Act XXVII of 2012. In force: as of 20. 05. 2012.

[92] Established: by Section 60 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[94] Amended: by subparagraph f) paragraph (5) Section 109 of Act II of 2007.

[96] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012. The change does not effect the English version.

[98] Amended: by subparagraph f) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012. The change does not effect the English version.

[100] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[102] Amended: by subparagraph f) paragraph (5) Section 109 of Act II of 2007.

[104] Established: by Section 61 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[106] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[108] Amended: by subparagraph f) paragraph (4), subparagraph f) paragraph (5) Section 109 of Act II of 2007.

[110] Enacted: by Section 1 of Act CCXX of 2012. In force: as of 28. 12. 2012.

[112] Enacted: by Section 1 of Act CCXX of 2012. In force: as of 28. 12. 2012.

[114] Enacted: by Section 1 of Act CCXX of 2012. In force: as of 28. 12. 2012.

[116] Enacted: by Section 1 of Act CCXX of 2012. In force: as of 28. 12. 2012.

[118] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[120] Established: by paragraph (2) Section 60 of Act CLXXXI of 2012. In force: as of 1. 01. 2013.

[122] Established: by Section 73 of Act CXLI of 2011. In force: as of 1. 01. 2012.

[124] Enacted: by paragraph (1) Section 62 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[126] Enacted: by paragraph (3) Section 93 of Act CV of 2011. In force: as of 1. 08. 2011.

[128] Enacted: by Section 63 of Act XCIII of 2013. In force: as of 1. 01. 2014.

[130] Amended: by subparagraph j) paragraph (5) Section 109 of Act II of 2007.

[132] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[134] Established: by paragraph (1) Section 42 of Act CXXXV of 2010. In force: as of 24. 12. 2010. Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[136] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[138] Enacted: by paragraph (1) Section 94 of Act CV of 2011. In force: as of 1. 08. 2011. Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[140] Enacted: by paragraph (2) Section 94 of Act CV of 2011. In force: as of 1. 08. 2011.

[142] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[144] Amended: by subparagraph g) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[146] Established: by Section 4 of Act XXVII of 2012. In force: as of 20. 05. 2012.

[148] Repealed: by subparagraph a) paragraph (1) Section 21 of Act XXVII of 2012. No longer in force: as of 20. 05. 2012.

[150] Amended: by subparagraph g) paragraph (2) Section 109 of Act II of 2007.

[152] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[154] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[156] Established: by Section 95 of Act CV of 2011. In force: as of 1. 08. 2011.

[158] Enacted: by Section 5 of Act XXVII of 2012. In force: as of 20. 05. 2012.

[160] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[162] Enacted: by Section 2 of Act CCXX of 2012. In force: as of 28. 12. 2012.

[164] Enacted: by paragraph (2) Section 64 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[166] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[168] Established: by Section 44 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[170] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012. The change does not effect the English version.

[172] Established: by Section 45 of Act CXXXV of 2010. In force: as of 24. 12. 2010. Amended: by subparagraph d) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[174] Established: by paragraph (1) Section 96 of Act CV of 2011. In force: as of 1. 08. 2011.

[176] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[178] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[180] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[182] Enacted: by paragraph (2) Section 7 of Act XXVII of 2012. In force: as of 20. 05. 2012.

[184] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[186] Established: by paragraph (2) Section 96 of Act CV of 2011. In force: as of 1. 08. 2011.

[188] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[190] Enacted: by Section 8 of Act XXVII of 2012. In force: as of 20. 05. 2012.

[192] Established: by Section 46 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[194] Established: by Section 47 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[196] Established: by paragraph (1) Section 98 of Act CV of 2011. In force: as of 1. 08. 2011.

[198] Amended: by subparagraph k) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[200] Enacted: by paragraph (3) Section 60 of Act CLXXXI of 2012. In force: as of 1. 01. 2013.

[202] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[204] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[206] Enacted: by Section 99 of Act CV of 2011. In force: as of 1. 08. 2011.

[208] Amended: by subparagraph l) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[210] Enacted: by Section 9 of Act XXVII of 2012. In force: as of 20. 05. 2012.

[212] Enacted: by Section 9 of Act XXVII of 2012. In force: as of 20. 05. 2012.

[214] Enacted: by Section 9 of Act XXVII of 2012. In force: as of 20. 05. 2012.

[216] Established: by paragraph (2) Section 50 of Act CXXXV of 2010. In force: as of 24. 12. 2010. Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[218] Enacted: by paragraph (3) Section 50 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[220] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[222] Enacted: by Section 100 of Act CV of 2011. In force: as of 1. 08. 2011.

[224] Enacted: by paragraph (3) Section 50 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[226] Enacted: by Section 101 of Act CV of 2011. In force: as of 1. 08. 2011.

[228] Established: by paragraph (1) Section 102 of Act CV of 2011. In force: as of 1. 08. 2011.

[230] Established: by paragraph (2) Section 102 of Act CV of 2011. In force: as of 1. 08. 2011.

[232] Amended: by paragraph (75) Section 2 of Act CLII of 2010. In force: as of 1. 01. 2011.

[234] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[236] Enacted: by paragraph (4) Section 60 of Act CLXXXI of 2012. In force: as of 1. 01. 2013.

[238] Enacted: by Section 54 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[240] Established: by Section 55 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[242] Established: by Section 56 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[244] Established: by paragraph (5) Section 60 of Act CLXXXI of 2012. In force: as of 1. 01. 2013.

[246] Enacted: by Section 58 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[248] Established: by Section 103 of Act CV of 2011. In force: as of 1. 08. 2011. Amended: by subparagraph a) Section 82 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[250] Established: by Section 104 of Act CV of 2011. In force: as of 1. 08. 2011.

[252] Established: by Section 61 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[254] Amended: by subparagraph c) Section 54 of Act CCXI of 2012. In force: as of 1. 01. 2013.

[256] Established: by paragraph (2) Section 62 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[258] Established: by Section 67 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[260] Established: by paragraph (1) Section 64 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[262] Enacted: by paragraph (2) Section 64 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[264] Established: by paragraph (2) Section 68 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[266] Enacted: by Section 65 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[268] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[270] Enacted: by paragraph (1) Section 66 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[272] Established: by paragraph (2) Section 66 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[274] Enacted: by paragraph (2) Section 69 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[276] Established: by Section 70 of Act XCIII of 2013. In force: as of 1. 09. 2013.

[278] Established: by Section 67 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[280] Amended: by paragraph (75) Section 2 of Act CLII of 2010. In force: as of 1. 01. 2011.

[282] Established: by paragraph (7) Section 60 of Act CLXXXI of 2012. In force: as of 1. 01. 2013.

[284] Enacted: by Section 68 of Act CXXXV of 2010. In force: as of 20. 05. 2011.

[286] Enacted: by Section 30 of Act XL of 2010. Shall enter into force on the date published by the Commission of the European Communities for the start of operations of the system for the exchange of visa data established under Council Decision 2004/512/EC in the Official Journal of the European Union, as of 11. 10. 2011.

[288] Established: by Section 72 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[290] Amended: by subparagraph k) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[292] Established: by Section 74 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[294] Established: by paragraph (1) Section 62 of Act LXXXVI of 2012. In force: as of 1. 07. 2012.

[296] Enacted: by Section 69 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[298] Repealed: by subparagraph d) paragraph (1) Section 54 of Act XL of 2010. No longer in force: as of 24. 03. 2010.

[300] Enacted: by Section 106 of Act CV of 2011. In force: as of 1. 08. 2011.

[302] Amended: by subparagraph f) Section 54 of Act CCXI of 2012. In force: as of 1. 01. 2013.

[304] Amended: by subparagraph b) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[306] Established: by paragraph (8) Section 60 of Act CLXXXI of 2012. In force: as of 1. 01. 2013.

[308] Established: by Section 71 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[310] Established: by Section 72 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[312] Enacted: by paragraph (2) Section 21 of Act CLVII of 2010. In force: as of 23. 12. 2010.

[314] Established: by paragraph (1) Section 108 of Act CV of 2011. In force: as of 1. 08. 2011.

[316] Established: by paragraph (2) Section 108 of Act CV of 2011. In force: as of 1. 08. 2011.

[318] Enacted: by paragraph (1) Section 31 of Act XL of 2010. Shall enter into force on the date published by the Commission of the European Communities for the start of operations of the system for the exchange of visa data established under Council Decision 2004/512/EC in the Official Journal of the European Union, as of 11. 10. 2011.

[320] Established: by paragraph (1) Section 109 of Act CV of 2011. In force: as of 1. 08. 2011.

[322] Enacted: by paragraph (1) Section 74 of Act CXXXV of 2010. In force: as of 20. 05. 2011.

[324] Enacted: by paragraph (3) Section 74 of Act CXXXV of 2010. In force: as of 20. 05. 2011. Amended: by subparagraph b) Section 82 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[326] Enacted: by paragraph (4) Section 74 of Act CXXXV of 2010. In force: as of 20. 05. 2011.

[328] Enacted: by paragraph (1) Section 75 of Act CXXXV of 2010. In force: as of 20. 05. 2011.

[330] Enacted: by paragraph (3) Section 75 of Act CXXXV of 2010. In force: as of 20. 05. 2011.

[332] Established: by paragraph (9) Section 60 of Act CLXXXI of 2012. In force: as of 1. 01. 2013.

[334] Amended: by subparagraph k) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[336] Amended: by subparagraph f) Section 299 of Act CCI of 2011. In force: as of 1. 01. 2012.

[338] Enacted: by Section 76 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[340] Enacted: by Section 76 of Act CXXXV of 2010. In force: as of 24. 12. 2010. Amended: by Section 66 of Act XCIII of 2012. In force: as of 1. 01. 2013.

[342] Enacted: by paragraph (6) Section 13 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[344] Enacted: by paragraph (11) Section 60 of Act CLXXXI of 2012. In force: as of 1. 01. 2013.

[346] Enacted: by paragraph (1) Section 78 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[348] Established: by paragraph (2) Section 78 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[350] Enters into force on the day determined in the Council Decision for authorizing the Republic of Hungary to apply the Schengen acquis in full.

[352] Enters into force on the day determined in the Council Decision for authorizing the Republic of Hungary to apply the Schengen acquis in full.

[354] Enters into force on the day determined in the Council Decision for authorizing the Republic of Hungary to apply the Schengen acquis in full.

[356] Enters into force on the day determined in the Council Decision for authorizing the Republic of Hungary to apply the Schengen acquis in full.

[358] Enters into force on the day determined in the Council Decision for authorizing the Republic of Hungary to apply the Schengen acquis in full.

[360] Repealed: by point 12 paragraph (2) Section 3 of Act LXXXII of 2007. No longer in force: as of 2. 07. 2007.

[362] Repealed: by point 12 paragraph (2) Section 3 of Act LXXXII of 2007. No longer in force: as of 2. 07. 2007. Repealed: by subparagraph h) paragraph (4) Section 20 of Act XC of 2007. No longer in force: as of 01. 01. 2008.

[364] Enacted: by paragraph (1) Section 79 of Act XCIII of 2013. In force: as of 1. 07. 2013.

[366] Enacted: by paragraph (2) Section 79 of Act XCIII of 2013. In force: as of 1. 09. 2013.

[368] Established: by Section 111 of Act CV of 2011. In force: as of 1. 08. 2011.

[370] Enacted: by Section 80 of Act XCIII of 2013. In force: as of 1. 01. 2014.

[372] Established: by paragraph (1) Section 34 of Act XL of 2010. In force: as of 5. 04. 2010.

[374] Amended: by paragraph (2) Section 14 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[376] Enacted: by paragraph (2) Section 34 of Act XL of 2010. In force: as of 5. 04. 2010. Amended: by paragraph (2) Section 128 of Act CXXXV of 2010. In force: as of 24. 12. 2010.

[378] Enacted: by Section 3 of Act CCXX of 2012. In force: as of 28. 12. 2012.

[380] Integrated under Paragraph b) of Subsection (1) of Section 10 of Act CXXXIX of 1997.

[382] Repealed: by point 12 paragraph (2) Section 3 of Act LXXXII of 2007. No longer in force: as of 2. 07. 2007.

[384] Enacted: by paragraph (1) Section 112 of Act CV of 2011. In force: as of 1. 08. 2011.

[386] Enacted: by Section 11 of Act XXVII of 2012. In force: as of 20. 05. 2012.

[388] Enacted: by paragraph (12) Section 60 of Act CLXXXI of 2012. In force: as of 1. 01. 2013.

[390] Enacted: by Section 81 of Act XCIII of 2013. In force: as of 1. 01. 2014.

[392] Enacted: by paragraph (2) Section 112 of Act CV of 2011. In force: as of 1. 08. 2011.

[394] Enacted: by paragraph (13) Section 60 of Act CLXXXI of 2012. In force: as of 1. 01. 2013.

[396] Enacted: by paragraph (14) Section 60 of Act CLXXXI of 2012. Shall enter into force through the procedure set out in Article 55(2) of Regulation SIS II, on the day specified in Council Decision …/2012/EU, as of 9. 04. 2013. Amended: by paragraph (8) Section 13 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

[398] Enacted: by paragraph (7) Section 13 of Act CXCVIII of 2013. In force: as of 29. 11. 2013.

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