AH Contribution to Alien Administration Procedures

Under National Security Act Section 5g), the AH is responsible for screening individuals that apply for a residence permit, asylum status, Hungarian citizenship, naturalisation, and for a visa, as a part of the AH obligation to protect state sovereignty and the constitutional order, along with the related tasks.
In this context, the AH performs all tasks related to legal and illegal migration, thus it contributes to preventing individuals that pose a danger to Hungary or the Member States of the European Union, such as terrorists or criminals, from entering the territory of the Community. In order to do the job properly, the AH has established close cooperation with Hungary’s law enforcement agencies, especially the border guards and the Office of Immigration and Nationality.

 

Migration and Human Trafficking

Since Hungary joined the Schengen Area, the country has witnessed an increased amount of transit migration, both legal and illegal. Within the international migration system, Hungary still plays the role of a transit country. At the same time, a high number of foreigners arrive in the country to work, study or for other purposes.
With its special means, the Constitution Protection Office contributes to performing administrative tasks in the field of migration. It performs the tasks related to legal migration under the relevant legislation (Act CXXV of 1995 and Acts I and II of 2007 on Migration), identifies acts of illegal migration, their organisers and the groups engaged in abuses. In terms of revealing illegal migration, the AH primarily identifies and prevents the activities of individuals and organisations that endanger the normal operation of Hungary’s institutional system set up according to EU migration directives and those engaged in the evasion of lawful ways of immigration.

 

Legal Migration

Under Act CXXV of 1995 on the National Security Services, the AH performs a national security screening of all individuals that apply for Hungarian citizenship, a temporary or permanent residence permit, a visa, displaced person status, and for asylum.
In procedures for residence, asylum and displaced person status, it issues an opinion as a competent authority; in procedures for citizenship, temporary residence and visa, it prepares a national security opinion.
These procedures are regulated by various pieces of legislation on migration, which define in detail the tasks of the AH, including:

Act I of 2007 on the Entry and Stay of Persons Entitled to Free Movement and Stay;
Act II of 2007 on the Entry and Stay of Third-Country Citizens;
Act LXXX of 2007 on Asylum Law;
Act LV of 1993 on Hungarian Citizenship;
Act CXL of 2004 on the General Rules of Administrative Procedures and Services

 

Illegal Migration

AH pays special attention to the detection of migration through illegal channels. As is shown by international experiences, illegal migration is accompanied by other offences (document forgery, money laundering, drug trafficking, prostitution, child and organ trafficking, corruption, etc.). Their detection requires the coordinated efforts of the competent National Security Services and law enforcement organs; a task which entails a high level of responsibility not only for individual Member States but also for the entire Community, as Hungary has a section of the external border of the Schengen Area. In terms of illegal migration, Hungary is primarily a transit country.
The Constitution Protection Office deals with any effort related to illegal migration and with background phenomena as is warranted by the weight of this type of crime. The Office promotes the work of the affected law enforcement organs and foreign partner services by delivering information generated throughout its activities.

 

Human-Smuggling

A considerable part of illegal migrants arrive in the territory of Hungary with the help of international human-smuggling networks. This is mainly performed by Hungarian, Albanian, Kosovar Albanian, Romanian, Ukrainian, Moldovan and Serbian citizens. Their activities typically feature a high level of concealment, the ability to cross-border mobility, an excellent logistic background, and the use of state-of-the-art communication devices.
Hungary is crossed by three main human-smuggling routes. Today most migrants arrive in the country through the Balkans, but the migration channels from Russia and Ukraine, which mostly carry individuals from Asian and African countries, and the route from Romania, which ensures the transit of Turkish and Moldovan citizens, are also significant.
Illegal migrants continue to include a high number of Afghan and Serbian (Kosovar Albanian) citizens. The majority of them enter the country in large groups along the Serbian border, and some are transported further by car towards Western Europe. Most individuals caught in the action of illegal border crossing apply for refugee status.

 

Forged Documents, Overstays

A great number of individuals that legally enter Hungary stay after the expiry of their visas or residence permits and become illegal migrants as the authorities lose sight of them. This type of abuse is especially frequent with citizens of Asian origin. Others use false, forged or third-party documents that are suitable for deceiving the authorities in an attempt to obtain entry or residence permits by various titles.

 

Marriages of Convenience

Since its accession to the EU and the Schengen Area, Hungary has witnessed a steady increase in the number of marriages of convenience which are based on a fictitious common life. Such unions are not only frequent in Hungary but also in other EU Member States. They are mostly concluded by individuals from Africa, Asia and the Middle East in order to get a visa or a residence permit. Most attempt to build a relationship on the Internet which soon results in a marriage. An organised form of this method is also known, whereby matchmakers offer some financial consideration to a selected person (typically those in a disadvantaged situation). The assurance of the principle of the family’s unity is a primary legal principle for the European Union, thus it is extremely difficult to tell if the required conditions are real and if two people only form a couple for ulterior motives. The status obtained by marriage serves to legalise the stay in the territory of the Community, and the acquired entitlement allows the affected people to travel more freely to other EU Member States. This is dangerous since experience shows that people who belong to criminal gangs or engage in extreme activities can also use this possibility, which poses a high security risk for Hungary and European communities. In addition to marriages of convenience, an increasing number of foreign citizens have made a full-effect acknowledgement of paternity for biologically non-related, in fact unknown, children in the recent period. This method also shows signs of organisation.