33
30.
Recognised stateless persons have only limited access to the labour market, which
imposes a substantial obstacle to the successful employment and integration of
stateless persons. Stateless persons must obtain a work permit prior to their
employment, but the procedures and conditions to receive such permits are particularly
burdensome. First, a work permit can only be issued to stateless persons if there is no
suitable Hungarian or EEA-citizen applicant for the same post.33 Moreover, the validity
of a work permit cannot exceed the validity of the residence permit, which is now three
years at first issuance, but has to be renewed on a yearly basis once the first three years
have expired.34
31.
While three years is already an improvement from the previous one-year validity at first
issuance,35 the differentiation between the validity periods of three years at first
issuance and one year upon renewal under the current law does not make any logical
sense. It is true that after three years, stateless persons can apply for permanent
residence. However, in order to do so, they need to fulfil a number of difficult material
conditions. Given the limited validity of the humanitarian residence permit and the usual
procedural delays of at least several months, most employers refrain from this lengthy
and cumbersome procedure applying for work permits for recognised stateless persons
(or other foreigners with a similar type of residence permit).36
32.
Problems related to work permits are exacerbated by the importance of the concept of
‘domicile’ within the Hungarian system, and the restrictions stateless people face in
being eligible for domicile. As discussed above, this has a clear impact on the right to a
nationality of the otherwise stateless children of stateless parents in Hungary. It has a
further impact on their enjoyment of socio-economic rights. The lack of protection that
ensues, undermines the potential of Hungary’s statelessness determination procedure
to serve as a framework through which vulnerable stateless persons can access and
enjoy their human rights. For example, stateless persons are excluded from public
health care services (such as pre-natal and maternity care) because they are ineligible
to apply for a domicile.37
33.
The Hungarian law and policy framework does not provide any accommodation
arrangements or housing allowances for stateless persons, whereas refugees and
beneficiaries of subsidiary protection and those granted any other non-EU-harmonised
protection status (tolerated stay, victims of trafficking, etc.) are entitled to such
assistance.38
34.
With respect to health care, stateless persons are also discriminated against compared
to other beneficiaries of international protection. For the reasons explained above, they
usually lack access to gainful employment that would allow them to become eligible for
general public health insurance included in social security services or to pay for private
Decree 8/1999 (XI. 10.) of the Ministry of Social and Family Affairs on the Employment of Foreigners in
Hungary, Section 3 (1)-(2).
34
Act CXXXV of 2010 on the Amendment of Certain Acts Related to Migration, Section 41.
35
Aliens Act, Section 29 (2) (a)-(b).
36
In general, see Gábor Gyulai, Statelessness in Hungary: The Protection of Stateless Persons and the
Prevention and Reduction of Statelessness, Hungarian Helsinki Committee, December 2010, p. 32, available at
http://www.refworld.org/docid/4d6d26972.html.
37
Act CLIV of 1997 on Health, Section 142 (3).
38
Id. at pp. 31-32.