Asylum is a form of protection offered by a foreign country to individuals who are unable to find safety in their own country due to fears of persecution based on factors like race, religion, nationality, political opinion, or sexual identity. This protection allows people to seek refuge in another country to escape harm and danger.
The path to asylum in Hungary
Seeking asylum from outside of Hungary
If you are outside Hungary, you first need to submit a so-called “statement of intent“ at the embassy of Hungary in Belgrade (Serbia) or in Kyiv (Ukraine). To do so, you need to make an appointment with the relevant embassy.
You might be called into the embassy for an interview. In this case, an interpreter should be provided for you. If the Hungarian authorities approve your statement of intent, you will receive a one-time travel document with which you can travel to Hungary and submit your asylum application.
| Embassy | Address | Phone | |
|---|---|---|---|
| Hungarian Embassy in Belgrade, Serbia | 11000 Belgrade, 72 Krunska Str., Serbia | +381 11 244 3739 +381 11 244 0472 +381 11 244 7479 | [email protected] |
| Hungarian Embassy in Kyiv, Ukraine | 01901 Kyiv, 33 Rejtarszka Str., Ukraine | +38 044 230 8001 +38 044 230 8002 | [email protected] |
Seeking asylum from inside of Hungary
If you are already staying in Hungary, you do not need to submit a statement of intent at the embassy if you belong to any of the below groups:
- Recognized beneficiaries of subsidiary protection staying in Hungary (and you would like to be recognized as a refugee).
- Family members of recognized refugees or beneficiaries of subsidiary protection staying in Hungary.
- Any person who is in detention, custody or imprisoned, except for those who have crossed the state border of Hungary in an irregular manner.
In this case, you can apply for asylum by visiting any of the NDGAP client offices in person and expressing your wish to do so.
If you do not belong to any of the above-mentioned groups, you will have to travel to one of the embassies and submit a statement of intent first. You can only apply for asylum once your statement of intent is approved. To explore all the legal options available to you, we recommend you contact the Hungarian Helsinki Committee for legal assistance and counselling before making any decisions.
Please note that, according to Hungarian legislation, if you enter Hungary without a legal basis authorizing your entry and stay, even if you are entering because you are trying to seek asylum, authorities may stop you and remove you from Hungarian territory through the border fence with Serbia.
The asylum procedure
If you have successfully registered your asylum application in Hungary, the NDGAP will examine your application in approximately 2-3 months.
At the beginning of the asylum procedure, you will have an interview with a case officer where you will be asked to talk about the problems you faced in your country (or you would face in case of return) and why you had to leave home. It is important to talk about everything in detail. You will have an interpreter. If you do not understand the interpreter well (due to a different dialect, or for another reason), indicate it to the case officer, as you have the right to ask for another interpreter.
At the end of the interview the case officer and the interpreter must read the record of the interview back to you. If something is recorded differently from what you said, please ask the case officer to correct it. Make sure to ask for a copy of the interview record. The case officer and the interpreter are bound by confidentiality.
Your rights and obligations during the asylum procedure
It is essential to understand your rights and obligations during the asylum procedure.
While your asylum application is being processed, you have the right to remain in Hungary. Depending on your circumstances, you may be transferred to an open reception facility for the rest of the procedure or, in certain cases, the NDGAP may decide to place you in asylum detention for a maximum duration of 8 months. In both situations you will have a place to sleep, regular meals and hygiene items, along with access to basic and emergency health care. Children are entitled to age-appropriate education.
If you are placed in an open reception facility, you may leave the facility, but only for up to 24 hours. If you want to be outside the facility for longer than that, you need to ask for prior permission in writing. Please note that if you fail to ask for permission and leave the facility for a longer period, you may risk a negative decision. It is important to respect the house rules of the facility, which you are informed about upon arrival.
You may also reside at a private address during the procedure if you are staying in Hungary regularly. If you wish to do so, you need to obtain the NDGAP’s approval and notify them of any address changes.
You have the right to contact organisations, including UNHCR, during your asylum procedure for help. These organisations can provide guidance, support, and advocacy on your behalf. During the procedure, you have the right to legal assistance and representation.
While your asylum procedure is ongoing, you have the right to seek employment within the open reception facility or in a public employment position. After 9 months, you are also allowed to work outside the facility if you find an employer. Please note that in this case, your employer has to request a work permit for you.
It is important to cooperate with the authorities throughout the entire asylum-seeking process. Provide your personal identity and travel documents if available, and clearly explain the reasons for fleeing your country of origin. Stay at your designated accommodation and adhere to its rules. You must allow doctors to examine you and administer the necessary vaccinations. This is not only for your well-being but also for public health and safety.
Understanding the asylum decisions
At the end of the asylum procedure the following 4 types of decisions are possible.
Refugee status – “Menekült”
A protection status granted based on persecution in your country of origin or residence. Your status does not have a specific validity date, however it subject to mandatory review every 3 years if it was granted after 1 June 2016. Refugees in Hungary generally share most of the rights and responsibilities as Hungarian citizens, although there are a few exceptions.
As a refugee in Hungary, you possess the right to vote in local municipal elections, as well as participate in local referendums. However, this right does not extend to national elections. You also cannot hold positions requiring Hungarian citizenship as a prerequisite. You can obtain a personal identity card and a bilingual travel document, unless national or public security concerns prevent it. Before traveling, we advise consulting the authorities of the country you are planning to visit for the exact entry requirements (such as a need for a visa). You can also apply for Hungarian citizenship after 3 years of residence, instead of the general rule of 8 years.
If you have been granted refugee status, you will have access to care and accommodation within asylum reception facilities for a period of 30 days. You will also have access to basic and emergency healthcare for six months. Children with refugee status can benefit from free education, including kindergarten, primary, and secondary schooling. For public transport, or if you meet specific income conditions, for official procedures, you can also seek partial or full cost-exemption by applying to the NDGAP.
It is important to cooperate with the NDGAP. You will be asked to undergo medical examinations, tests, and treatments as required by law or medical authorities. It is also crucial to abide by all Hungarian laws. If your identity papers or travel documents are lost, stolen, or destroyed, you must immediately inform the NDGAP.
Subsidiary protection – “Oltalmazott”
Subsidiary protection is granted based on a severe risk of grave harm and violence in your country of origin or residence. Your status does not have a specific validity date, however it is subject to mandatory review every 3 years if it was granted after 1 June 2016.
Beneficiaries of subsidiary protection generally have the same rights and obligations as refugees. However, there are some distinct differences to be aware of. Unlike refugees, as a subsidiary protection holder, you do not have the right to vote for municipal elections in Hungary.
You also do not have the same accelerated path to citizenship as refugees. As such, you generally need 8 years of residence in Hungary before you can apply for citizenship.
You are entitled to a travel document, similar to refugees. Before traveling, we recommend consulting the authorities of the country you are planning to visit for the exact entry requirements (such as a need for a visa).
Humanitarian protection / tolerated status – “Befogadott”
Tolerated status is a complementary form of protection in Hungary. You can receive tolerated status if, due to your circumstances, you cannot be granted any other protection status (such as refugee or subsidiary protection), but you are equally unable to return to your country of origin and are not accepted by a safe third country. Tolerated status is granted for a duration of 1 year and is subject to annual review by the NDGAP.
As a tolerated status holder, you are not entitled to all the rights that refugees and beneficiaries of subsidiary protection enjoy. If you receive tolerated status, you will have access to care and accommodation within asylum reception facilities for a period of 30 days following your recognition. You also have the right to access basic, and limited number of additional healthcare services (such as emergency care and mandatory vaccinations). Children with tolerated status can benefit from free education, including kindergarten, primary, and secondary schooling.
However, you do not have the right to vote, to access a travel document or to cost-exemption for public transport and official procedures. Unlike refugees and beneficiaries of subsidiary protection, if you want to take up employment in Hungary, your employer has to request a work permit for you.
Negative decision
A negative decision means that your asylum application has been rejected by the NDGAP. If you disagree with this decision and believe that it unjustly denies you the protection you seek, you have the right to appeal this decision. Generally, the deadline for this is 8 days.
To launch an appeal, you have to prepare a written statement explaining why you disagree with the negative decision and why returning to your home country is not a viable option due to the risks involved. This written statement should be submitted to the NDGAP in person, specifically to your assigned case officer, who will then forward it to the court for review. Seeking legal assistance and counsel from a lawyer is advisable during this process.
The court typically takes around two months to review and make a determination on your appeal. As the outcome, the court may agree with the NDGAP's initial decision, in which case the rejection becomes final, and your asylum application is ultimately denied. Alternatively, the court may decide to reject the authority's decision and order it to conduct the asylum procedure again.
For further guidance and information on the asylum procedure, you can visit the NDGAP's website, where you can find resources in English to help you navigate the process.
Asylum-seeking as an unaccompanied child
If you are an unaccompanied child, below the age of 18 without a parent or adult caregiver, you have special rights, and your asylum application will receive prioritised examination. The authorities will provide you with accommodation and care in a children's home, ensuring your safety and well-being. They will also appoint a guardian to represent your interests, advocate for your needs and ensure that your rights are protected throughout the asylum process.
