Section i) of paragraph (4), article 9. of the Fundamental Law of Hungary stipulates that the President of the Republic shall decide on all cases of acquisition and termination of citizenship.
Rules pertaining to citizenship are set forth in Act LV of 1993 on Hungarian Citizenship (hereinafter Citizenship Act). The Nationality Directorate of the Office of Immigration and Nationality is responsible for preparing the case for a decision by the President of the Republic. The President of the Republic does not have the right of direct action on issues related to citizenship, but will decide in every case on the basis of a recommendation by the competent Minister.
A non-Hungarian citizen may request naturalization if:
- the person resided in Hungary continuously over a defined period preceding the submission of the application in an immigrant, refugee or resident status; as well as those who in accordance with the Act on the Entry and Residence of Persons with the Right of Free Movement and Residence have exercised their rights to free entry and residence in Hungary and have adhered to regulations on compulsory registration;
- the person has a clean criminal record, and at the time of the assessment of the application, there are no criminal proceedings in progress against the person before a Hungarian court;
- the person can submit proof that livelihood and residence are assured in Hungary;
- the person’s naturalization does not violate the public security and the national security of Hungary; and
- the person can submit proof of passing the examination in basic constitutional studies in the Hungarian language, or that of being exempted by virtue of this Act.
After 5 years of continuous residence in Hungary a person may request naturalization on preferential terms, provided that the person
- was born in the territory of Hungary;
- had established residence in Hungary before reaching legal age;
- is stateless.