Government Decree No. 125/1993 (IX.22.) Korm.r. on the Execution of Act LV of 1993 on Hungarian Citizenship

Transcription

1 Government Decree No. 125/1993 (IX.22.) Korm.r. on the Execution of Act LV of 1993 on Hungarian Citizenship Based upon the authorization granted in Section 24, Subsection (4) of Act LV of 1993 on Hungarian Citizenship (hereinafter "Citizenship Act"), the Government hereby creates the following Decree concerning the detailed rules of citizenship proceedings: Application for Citizenship Section 1 The petitions for citizenship defined in Subsection (1) of Section 13 of Act LV of 1993 on Hungarian Citizenship (hereinafter referred to as the "Citizenship Act") shall be submitted on the forms specified in the attachments to this Decree: a) application for naturalization and re-naturalization in Appendix No. 1; b) declaration under para. a) of Subsection (1) of Section 5/A of the Citizenship Act in Appendix No. 2; c) declaration under Paragraph b) of Subsection (1) of Section 5/A of the Citizenship Act in Appendix No. 3; d) declaration of renunciation of citizenship in Appendix No. 4; e) application for a certificate of citizenship in Appendix No. 5. f) the declaration under para. c) of Subsection (1) of Section 5/A of the Citizenship Act in Appendix No. 9. Section 2 (1) On receiving an application for citizenship, the registrar or the consul shall check the identity of the applicant and shall authenticate his or her signature. (2) An applicant residing abroad may also have his identity verified and his signature authenticated by the authority authorized thereto in his place of residence. The application shall be sent to the competent Hungarian consul. The consul shall verify that the authentication has been executed by a person authorized thereto. In case of the existence of international treaty there is no need for authentication. (3) The registrar or the consul shall forward the application together with the appendices thereto to the Office of Immigration and Nationality within the time limit specified in Subsection (4) of Section 13 of the Citizenship Act. The applicant shall be advised of any missing information and of the consequences for failure to supply them. Section 3 Applications for Naturalization and Re-Naturalization

2 (1) The Office of Immigration and Nationality shall check the following records to verify the data and information contained in a petition: a) the register of personal data and addresses as well as the central register of the Aliens Policing Directorate and the central register of refugees will be used to check the applicant s address in Hungary and the duration and legal grounds of his or her stay in Hungary; b) the criminal register to check if the applicant has a clean criminal record and whether he or she has been indicted in any criminal proceedings. (2) If a certificate of clean criminal record is also required from the competent authority of a foreign state, and if it cannot be obtained ex officio, the minister shall advise the applicant to obtain a document as proof of having a clean criminal record from the competent authority of his or her foreign residence. (3) Upon the notice of missing information by the Office of Immigration and Nationality the applicant shall provide proof of subsistence and place of abode in Hungary. (4) If the application for naturalization is based upon para. c) of Subsection (2) and Subsection (6) of Section 4 of the Citizenship Act, a definitive decision of the Hungarian Guardian Authority shall be attached. If the application for naturalization or re-naturalization is based upon Subsection (3) of Section 4 of the Citizenship Act, the documents giving evidence of former Hungarian citizenship of the applicant or his or her ancestors shall be provided at the request of the Office of Immigration and Nationality. (5) For applications for naturalization which are based upon paras a), b) and c) of Subsection (2) of Section 4 of the Citizenship Act, evidence concerning the Hungarian citizenship of the applicant's spouse, child of minor age or the adopting parent shall be attached, or the data and information necessary to establish the fact of the existence of citizenship shall be supplied. (6) For applications for naturalization which are based upon Subsections (1)-(4) of Section 4 of the Citizenship Act, a certificate of having passed the examination on the constitution shall be attached, or, in order to evidence the criteria defined in Subsection (2) of Section 4/A, the following shall be provided: a) a resolution on guardianship if the applicant is legally incompetent or of diminished capacity; b) a certificate or diploma from a school or educational institution or institute of higher education; c) a certificate from the competent health care provider as proof of the applicant's health condition. (7) If the applicant is of legal age, a curriculum vitae in the handwriting of the applicant and a facial photograph in two copies shall also be attached with an application for naturalization or re-naturalization, if the applicant is over the age of fourteen a facial photograph in two copies shall also be attached with an application for naturalization or re-naturalization together with the form specified in other law for the issuance of a personal identity document.

3 Section 4 (1) The Office of Immigration and Nationality shall notify the Central Office for Administrative and Electronic Public Services concerning the data requested for issuing the personal identity document of the naturalized or re-naturalized person and shall forward the form required for the issuance of the personal identity document together with a photograph. (2) Following the decision of the President of the Republic, the minister shall forward the certificate of naturalization or re-naturalization or the notice of the rejection of the application to the mayor of the municipality where the applicant resides or to the competent Hungarian consulate officer. Section 4/A Declaration (1) The certificate of expatriation shall be attached with the declaration if citizenship was revoked by expatriation. The certificate of expatriation shall be withheld. If the petitioner cannot produce the original certificate of expatriation, the circumstances under which possession of the certificate was lost shall be elaborated. (2) The person who lost his or her Hungarian citizenship due to being forced to resettle in Germany shall verify this fact by an official document or in any other convincing manner. (3) The marriage certificate and the birth certificates of the applicant s parents shall be attached to the declaration filed under para. c) of Subsection (1) of Section 5/A of the Citizenship Act. (4) For the declaration filed under para. b) of Subsection (1) of Section 5/A of the Citizenship Act a certificate from the competent authority of the state of which the petitioner's parents are citizens must be attached to verify that the petitioner did not receive citizenship in that country by birth. Section 5 Oath and Solemn Promise of Allegiance (1) Following a person s naturalization or re-naturalization the mayor of the community where the residence of the naturalized or re-naturalized person is located, or the head of the Hungarian consulate where applicable, shall notify this person and shall arrange the ceremony for taking the citizenship oath or pledge of allegiance. (2) The proceedings of the ceremony for taking the citizenship oath or pledge of allegiance shall be recorded in minutes made in two copies with the contents specified in Appendix No. 6. The first copy of the minutes shall be sent to the Office of

4 Immigration and Nationality within the deadline prescribed in Subsection (4) of Section 13 of the Citizenship Act, and the second copy shall be filed and archived. The minutes may not be disposed of. (3) The fact of having taken the oath or pledge of allegiance shall be recorded along with the date in the form of a clause on the certificate of naturalization or repatriation, after which the certificate shall be delivered to the naturalized or re-naturalized person. (4)-(5) Section 6 Renunciation of Hungarian Citizenship (1) The applicant shall attach the following to a declaration containing a renunciation of Hungarian citizenship: a) birth certificate, documents verifying marital status; b) certificate or certificate letter issued by the competent foreign authority for the purpose of proving foreign citizenship or one which renders the acquisition of foreign citizenship probable (promise of citizenship); c) (2) Section 7 Section 8 (1) The minister shall send the document issued concerning the acceptance of renunciation or the decision refusing the application to the competent Hungarian consul who shall forward it to the applicant. (2) Prior to the delivery of the document, the consul shall withdraw the documents proving the Hungarian citizenship of the applicant. Section 8/A (1) For a petition submitted under Subsection (4) of Section 8 of the Citizenship Act a certificate from the competent authority of the state where the petitioner was promised citizenship to verify that such citizenship was not granted shall be attached along with the document on acceptance of renunciation of citizenship. (2) Section 8/B Revocation of Hungarian Citizenship

5 When Hungarian citizenship is revoked the alien control authority of the residence or domicile of the person affected shall be notified. Section 9 Certificate of Citizenship and Contact Letters (1) In the application for a certificate of citizenship, the applicant shall indicate the purpose for which he applies for the certificate or the authority with which he intends to use it. (2) Upon the request of the Office for Immigration and Nationality the applicant shall attach to the application for a certificate of citizenship the official documents specified in paras b)-e) of Subsection (1) of Section 14 of the Citizenship Act, namely a passport issued by a Hungarian authority, an official document of personal identity, an official certificate of name change or an official document from the registry. (3)If the application for a citizenship certificate was filed in the office of the consul the notification of the applicant as well as any request for the submission of missing information and the decision shall be forwarded through the Ministry of Foreign Affairs in case the applicant does not have an arrangement for delivery to a proxy within Hungary. Section 10 The authority shall send any request for the confirmation of citizenship (Section 12 of the Citizenship Act) directly to the Office for Immigration and Nationality. In the request the authority shall provide the data necessary for the verification of citizenship. Section 11 Section 12 Decision (1) The decision of the President of the Republic on naturalization, re-naturalization and the acceptance of renunciation shall be issued in an official document. (2) The decision adopted in proceedings of citizenship by the President of the Republic shall contain the following: a) name of the organization adopting the decision, case number, name and address of applicant; b) the decision adopted on a matter of citizenship, and information on possible legal remedy; c) the facts, evidence and provisions of the legal rules serving as basis for the decision;

6 d) place and date of the adoption of the decision, name of the person signing the decision, and stamp impression of the organization adopting the decision. Section 13 Basic Constitution Exam (1) An applicant may enroll for the examination defined in para. of Subsection (1) of Section 4 of the Citizenship Act in the municipal public administration office of the government determined by the applicant s place of residence. (2) It is the responsibility of the head of the municipal public administration office of the government to organize the examination and shall a) b) establish the date of the examination; c) commission the chairman and two members of the examination board; d) e) (3) The chairman and members of the examination board may be a) civil servants holding a higher degree in law or a degree in public administration; b) teachers holding higher degrees qualifying them to teach the subject of civics in primary schools. (4) The exam shall be arranged and carried out according to the examination rules. The examination rules, the specimen of the examination ledger and the examination report, and the examination requirements are contained in Appendix No. 7. of this Decree. (5) The performance of the candidate shall be rated 'passed' or 'failed'. A certificate shall be issued to the candidate if he or she passes the examination. The certificate shall contain the name of the issuing government administration agency, the case number, the indication "certificate of basic constitution exam", the personal data of the candidate (name, place and date of birth, mother's name, address), the fact of the exam having taken place, the evaluation of the performance of the candidate, the date of the exam, signatures of members of the examination committee, the date of the certificate and the seal of the administration agency of issue. (6) The applicant shall be subject to a fee payable to the administration office of the government where the examination is taken. The amount of the fee is 5,000 (five thousand) forints. (7) Any examination fee paid by a person who is not required to take the exam or is granted exemption under Subsection (2) of Section 4/A of the Citizenship Act shall be refunded upon request if submitted within six months from the effective date of the resolution of his or her citizenship application.

7 (8) Within the meaning of para. b) of Subsection (2) of Section 4/A of the Citizenship Act a bilingual school or educational institution or institute of higher education shall be considered to have a Hungarian-language curriculum if the applicant graduated in a class in which subjects were taught in the Hungarian language. Change of Name Section 13/A (1) Applications for change of name shall be submitted simultaneously with the petition for citizenship on the form found in Appendix No. 8. (2) For an application for change of name under para. a) of Subsection (1) of Section 20/A of the Citizenship Act the applicant shall attach an official certificate issued by the government office of registry, which contains the former family name of the applicant or of his or her ancestors, or a document issued by a Hungarian authority based on official registry files containing authentic personal data. (3) For an application for change of name under para. b) or c) of Subsection (1) of Section 20/A of the Citizenship Act a translation or certificate by the Hungarian Translation and Translation Authentication Office or an evaluation by the Hungarian Academy of Sciences concerning the linguistic features of the name or any component shall be attached. (4) The minister shall reject the application for change of name if the naturalized or re-naturalized applicant did not satisfy the criteria laid down in Subsections (1) and (2) of Section 20/A of the Citizenship Act or the criteria specified in this Decree for the change of name or failed to attach the required documents and evaluations. In this case the naturalized or re-naturalized person in question shall have the right to apply for change of name under the general rules. Section 14 Transitional and Closing Provisions (1) The application for re-naturalization of a person who was released from the bonds of Hungarian citizenship during the period extending from 15 September 1947 to 2 May 1990, and whose Hungarian citizenship was terminated through forced relocation to Germany, and whose application for re-naturalization has not yet been assessed shall be settled according to Section 21 of the Citizenship Act. The date of the acquisition of Hungarian citizenship is the date of the coming into force of this Decree. (2) In cases of dismissal from citizenship not yet assessed at the date of the coming into force of Citizenship Act the provisions of Subsection (2) of Section 8 shall govern. Section 15

8 This Decree shall come into force on 1 October 1993.