21. There are two partial safeguards in the nationality law to prevent statelessness in the case of children born in Hungary who would otherwise be stateless. 33 There is an automatic safeguard at birth for children born in Hungary where both parents are stateless and have a ‘domicile’ in Hungary (domicile – lakóhely in Hungarian – being a specific legal status, rather than a matter of fact), 34 or whose parents are unknown (foundlings). 35 However, this does not prevent statelessness in the case of children whose parents cannot confer a nationality to their child, or who are stateless but do not have 'domiciled' residence status in Hungary, which is only accessible after at least three years of residence with humanitarian protection status as a recognised stateless person in Hungary. 36 Most non-permanent residence statuses (residence permits based on gainful employment, studies, family reunification or humanitarian grounds – including statelessness) do not confer the right to establish a ‘domicile’ to its holder in Hungary, only a ‘place of stay’, which is a distinct category under Hungarian law. 22. There is also a non-automatic provision for children born in Hungary who do not acquire the nationality of either of their parents at birth.37 For these children, there is an option to acquire Hungarian nationality by declaration prior to their 19th birthday, provided that their parents are ‘domiciled’ and the child has resided in Hungary for at least five years.38 23. More specifically, in order to acquire Hungarian nationality by declaration, three conditions must be met. First, the parents must have a ‘domicile’ when the child is born, 39 which is contrary to international law that does not allow the imposition of conditions relating to the residence status of the parents.40 Second, the child must have five years of residence with a ‘domicile’, 41 whereas international law only allows acquisition of nationality to be conditional on having five years of habitual residence.42 As seen above, “habitual residence” is a matter of fact, rather than a specific legal status. Third, a child only has until their 19th birthday to exercise this right,43 while international law stipulates that it should be open at least until their 21st birthday.44 33 Act LV of 1993 on Hungarian nationality, Sections 3(3), 5/A(1)(a) & (b): http://njt.hu/cgi_bin/njt_doc.cgi?docid=19290.348713 34 The legal concept and eligibility for domicile will be discussed in more detail below. In brief, it is far more than a simple determination of where a person lives. Different rules are in force to distinguish three types of residence: domicile, place of stay, and place of accommodation, with gradually decreasing attachment to the place in question. Not all lawfully staying foreigners are permitted to register a domicile. 35 Act LV of 1993 on Hungarian nationality, Section 3(3)(b) (HU): http://njt.hu/cgi_bin/njt_doc.cgi?docid=19290.348713; Act I of 2010 on Civil Registration Procedures, Section 61(5) (HU): http://njt.hu/cgi_bin/njt_doc.cgi?docid=129886.346948 36 See also paragraphs 25, 32 and 36. 37 Act LV of 1993 on Hungarian nationality, Sections 3(3), 5/A(1)(a) & (b): http://njt.hu/cgi_bin/njt_doc.cgi?docid=19290.348713 38 Ibid. 39 Citizenship Act, Section 5/A(1)(b). 40 See European Convention on Nationality (1997), Article 6 (2) (b). See also Convention on the Reduction of Statelessness (1961), Article 1 (2). The Committee on the Rights of the Child has also stated that the lack of a legal status of the parents – including their residence status - is not a relevant reason to withhold nationality to children born on the territory of a country, who would otherwise be stateless. 41 Citizenship Act, Section 5/A (1) (b). 42 See European Convention on Nationality (1997), Article 6 (2) (b). See also Convention on the Reduction of Statelessness (1961), Article 1 (2). 43 Citizenship Act, Section 5/A (1) (a). 44 Convention on the Reduction of Statelessness (1961), Article 1 (2) (a). 7