Information on the recognition of unaccompanied minors as beneficiaries of temporary protection
Pursuant to Section 2 (f) of Act LXXX of 2007 on Asylum:
unaccompanied minor: a foreigner not having completed the age of 18 years who entered the territory of Hungary without the company of an adult responsible for his/her supervision on the basis of law or custom, or remained without supervision following entry; as long as he/she is not transferred under the supervision of such a person.
In other words, any child under the age of 18 fleeing the Russian-Ukrainian conflict who has arrived in Hungary alone, or is currently residing alone in the country is considered an unaccompanied minor.
Pursuant to Section 35 (3) of the Act on Asylum:
A person with limited legal capability too, shall be entitled to proceed in an asylum procedure.
This means that, in relation to the procedure for recognition as a beneficiary of temporary protection, any child over the age of 14 is entitled to submit an application for recognition as a beneficiary of temporary protection on his/her own.
A child under the age of 14 who wishes to submit an application but does not have a guardian can also indicate his/her intention to be recognised as a beneficiary of temporary protection, in this case the asylum authority requests the appointment of a guardian.
Please find below the most frequently asked questions concerning the administration process for unaccompanied minors
1) I am over 14 and under 18. I arrived with one or more family members who are not my parents. Can I submit an application?
Yes, everyone who is at least 14 years of age may submit an application on his/her own. When the application is submitted, the asylum authority shall ask the child who he/she came with and, if necessary, consult with the family members. If necessary, the asylum authority shall notify the guardianship authority, who appoints a guardian for the child – the guardian may also be a family member.
2) I am older than 14, but I am not 18 years old yet. I arrived with acquaintances who are not my parents. Can I submit an application?
Yes, everyone who is at least 14 years of age may submit an application on his/her own. When the application is submitted, the asylum authority shall ask the child who he/she came with and, if necessary, consult with the persons accompanying the child. The asylum authority shall notify the guardianship authority which appoints a guardian for the child – the guardian may also be the same person whom the minor entered Hungary with.
3) I already have a guardian but he/she does not want me to submit an application. What can I do?
Everyone who is at least 14 years of age may submit an application on his/her own. Recognition as a beneficiary of temporary protection has various benefits including access to education, healthcare, child welfare services, etc.
Therefore, if a minor 14 years of age or older intends to submit an application, he/she can do so even if the guardian does not agree to it. In such a case the asylum authority should be notified that the guardian is against the child’s appearing before the authority. The asylum authority treats such notifications as confidential in every case; in case problems arise in connection with the guardian’s actions, if deemed necessary, the asylum authority may request the appointment of a new guardian.
4) I do not have a guardian. I arrived with acquaintances but they do not want me to submit an application or the authorities to learn that I am here. What can I do?
The asylum authority can be contacted with such issues anytime; one can appear in person before our authority anytime.
Everyone who is at least 14 years of age is entitled to submit an application for recognition as a beneficiary of temporary protection on his/her own. For those under the age of 14 the asylum authority requests the appointment of a guardian as a matter of priority; for applicants under the age of 14 only the guardian can submit the application.
It is important to note that upon appearing before the authority, it should be reported that those whom the child arrived or lives with do not want him/her to meet the authorities or the police.
The asylum authority shall ensure in all such cases that the child receives the necessary documents for his/her stay in Hungary, has a safe home, food and clothing, is able to attend school, and, if necessary, can receive medical care.
5) I am not 18 years old yet, I have no guardian, I have accommodation and I attend school. Should I appear before the authority in person?
Ukrainian citizens entering Hungary with a biometric passport are allowed to stay in Hungary for a period not exceeding 90 days within any 180 days without a permit. However, persons fleeing the war – especially children – are advised to submit an application for recognition as a beneficiary of temporary protection before the end of the 90-day period. Recognition as a beneficiary of temporary protection has various benefits including access to education, healthcare, child welfare services, etc.
6) How can I submit an application?
In order to submit an application, you must appear before the asylum authority in person. Information on the opening hours is available on the Directorate-General's website at http://oif.gov.hu. The same information is also available at http://ukran2022.oif.gov.hu/en/Information.
Information material on how to submit an application, rights and obligations are available on both websites.
Please note that it is possible to pre-register your application for recognition as a beneficiary of temporary protection at https://enterhungary.gov.hu/eh/?en or through a mobile application specially designed for this purpose. Information on this is also available at http://ukran2022.oif.gov.hu/en/Information. Appearance in person is still mandatory after pre-registration.
7) If I have children from Ukraine staying with me, do I have any obligation to register them? I run an institution or work in an institution where children fleeing from Ukraine are accommodated, do I have any obligation to register? I have been informed that I need a guardian first, then I can apply for recognition as a beneficiary of temporary protection, is this true?
Children over the age of 14 can submit their application on their own, without a guardian.
If the children had arrived with someone other than their parents or a person who is otherwise responsible for their supervision (grandparent, sibling over the age of 18, guardian, etc.), it is necessary to notify the asylum authority. The asylum authority shall request the appointment of a guardian and conduct the procedure for recognition as a beneficiary of temporary protection, as a result of which the child will be issued a residence document, entitling its holder to education, healthcare and child welfare services, etc.
For this reason, it is recommended to facilitate that the children concerned appear before the asylum authority as soon as possible.
Please note that it is possible to pre-register your application for recognition as a beneficiary of temporary protection at https://enterhungary.gov.hu/eh/?en or through a mobile application specially designed for this purpose. Information on this is also available at http://ukran2022.oif.gov.hu/en/Information. Appearance in person is still mandatory after pre-registration, but pre-registration is advised – especially for larger groups – in order to speed up the process. If a larger group (more than 10 persons) is expected to appear in person, it is advised to contact the regional directorate concerned in advance to avoid long waiting times.