I'm currently doing a pre-doctoral internship in Europe. I currently own a citizenship that allows me to stay in the Schengen area only for 90 days. However, I'm expecting to get Hungarian citizenship quite soon. In fact, the lawyer I hired said that my citizenship is confirmed and only needs to pass registration so I can get a birth certificate, with which I can get a Hungarian passport.

Can I extend my stay under these special circumstances in the Schengen area? If not, do I need to exit the country and apply for a student visa? Will a letter from my professor help?

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    You cannot extend the stay on a C visa beyond 90 days. You would need a Hungarian D visa, or citizenship. If you are a citizen right now, you need no visa, but it depends on legal technicalities if you are Hungarian or if you are assured to become Hungarian in the near future. For permanent stays, ask on Expatriates SE. – o.m. Mar 20 '18 at 6:05

There are basically two possibilities here:

  1. You're already legally Hungarian, but do not yet have the documents to prove it. In this case, you should be able to stay in Hungary until you get the documents. (If you want to travel to other Schengen countries, you could in theory do that with the same evidence you're using to document your Hungarian citizenship, but without a passport or ID card it's not certain that other authorities would accept you as an EU citizen, so it would be best to avoid this.)

  2. You're not yet legally Hungarian, so still subject to the 90/180 rule. In this case, as a pre-doctoral intern, you may be able to qualify for a D visa or residence permit in the country where you're doing the internship. If so, that will help you stay in the Schengen area. If you're not able to get a D visa or permit, there's no legal way for you to stay in the Schengen area.

Your lawyer should be able to tell you which possibility applies to you. Your lawyer can also discuss with you the consequences of overstaying if the second possibility applies to you. For example, if you're certain to receive a Hungarian passport only days after you're supposed to leave the Schengen area, it might make sense to stay anyway, or it might make sense to book a short stay in Croatia or another non-Schengen jurisdiction so you can remain within the 90/180 restriction when you return to pick up your passport. If the delay is indeterminate or is known to be long, then it might be better just to leave if a D visa or residence permit is not possible.

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  • I'm Hungarian but my documents are now being printed for the last 40 days or so. Do you have any idea how long goes it generally take for citizenship offices to print the certificates? – Heisenberg Mar 21 '18 at 9:51
  • @Heisenberg see my answer to your other question on Expatriates. – phoog Mar 21 '18 at 13:41

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