Lawyer
Specializing in migration law - processing documents on the territory of Ukraine, European Union countries (Poland, Italy, Spain, Hungary, Romania), providing visa assistance for Ukrainian citizens and foreigners.
Migration lawyer in Hungary
If you need help with migration issues in Hungary, you may find the services of lawyers at the “Prikhodko & Partners” law firm useful. Our specialists will help you in a number of aspects that would be appropriate to consider in more detail.
SIS and Deportation Issues
SIS is an abbreviation for the Schengen Information System. The information entered into this database may not be in favor of the person it concerns, since it usually concerns violations of the visa regime and migration legislation. So, among the data entered into the SIS system, the following should be especially highlighted:
- overstaying, illegal entry and other migration violations;
- deportation from Hungary or any other state belonging to the Schengen area;
- a decision on the undesirability of a person’s stay in the territory of the Schengen area;
- data indicating that the person poses a threat to the security of the country.
When any of the above data is entered into the SIS system, it creates difficulties in further free movement within the Schengen area and obtaining a visa.
What are the legal implications of entering this information into the SIS?
Among such legal consequences it is worth noting:
- automatic ban on entry to all Schengen countries;
- refusal to issue a residence permit or visa, even if the documents are formally in order.
In the context of the above-mentioned issues, it is important to know that there is a possibility of appealing the listed decisions. A migration lawyer can file a complaint with the OIF or the court. If we talk about the full range of opportunities that are opened up by professional legal support, then a lawyer in these matters can be useful with the following services:
- sending a request for the reason for entering a person into the SIS (under Article 15 of the GDPR);
- filing appeals, as well as administrative and judicial complaints;
- removal from the SIS database by implementing a relevant court decision or based on a change in circumstances.
Thus, the very fact that information about a person has entered the Schengen Information System does not mean that this problem cannot be solved. Each specific situation will have its own algorithm of influence and necessary steps. Therefore, before taking measures aimed at solving the problem, it is necessary to analyze and understand the possible prospects. For example, in some cases, the decision on deportation and entry ban can be appealed, achieving a complete lifting of such a ban. And in other situations, it is possible to reduce the ban period if the reason for its establishment is very serious.
Assistance of a migration lawyer in obtaining a temporary residence permit
A temporary residence permit in Hungary is called “Tartózkodási engedély”. It can be obtained on the following grounds:
- Study in Hungary. To obtain a residence permit on this basis, you must provide confirmation from an accredited educational institution about your enrollment.
- Work. To obtain a residence permit on this basis, you must have an invitation from your employer.
- Entrepreneurial activity. Before opening a business in Hungary, you should carefully familiarize yourself with local legislation on issues related to business activities.
- Family reunification. Along with your visa application, you must provide all the documents that confirm your family ties with a Hungarian citizen or a person living there on the basis of a residence permit.
- Humanitarian grounds. For example, this may concern temporary protection status for Ukrainians fleeing the war.
The application for a visa is submitted via the Enter Hungary portal or in person at the OIF. The task of the immigration lawyer is to help with the choice of the basis, documents, and registration of the address.
Obtaining a permanent residence permit
This type is available to those applicants who have lived for 3-5 years on the basis of the temporary type mentioned above. Among its advantages, it is worth noting the following:
- unlimited duration;
- better social guarantees;
- right to employment without special permission.
To obtain this type of residence, permanent registration, integration into society, housing and a stable income are required.
Support in obtaining Hungarian citizenship
When applying for citizenship on the basis of repatriation (when there is Hungarian origin), it is necessary:
- provide evidence of Hungarian roots (through parents, grandparents);
- confirm knowledge of the Hungarian language at a basic level.
It is also worth considering the procedure for obtaining citizenship based on naturalization. This is possible after a person has lived in Hungary for 8 years. In the event that the applicant is married to a Hungarian citizen, this period is shorter and amounts to 5 years.
The task of a lawyer in accompanying the registration of citizenship is:
- application preparation;
- translations;
- apostille of documents;
- preparation of a certificate of no criminal record.
If citizenship was denied without reason, it can be appealed.
Assistance to refugees and persons applying for temporary protection
When it comes to political asylum and refugee status, legal assistance can be helpful in the following areas:
- submitting an application to OIF;
- interview, proving the threat of return;
- preparing the client for communication with authorized persons responsible for making the decision;
- preparation of documents.
As for the status of temporary protection, it is issued to people who fled from war (for example, from Ukraine). This status is issued at reception points or online. A lawyer can be useful in that he controls the terms, renewal, and registration of work permits.
To order the services of a lawyer on migration issues, fill out the feedback form on our website.
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