In relation to this, a graduate student turning to the Office was informed that the training programme she was involved in could not be qualified as an initial training programme. Besides not complying with the general criteria, the training programme in question is not one of the exceptions listed under Paragraph (2) of Article 3 of Gov. Decree 120/2000. (VII. 7.) on the financing of higher education institutions from capitation grants for training and maintenance. Therefore, the student must pay for her training. (K-OJOG-515/2002.)

The Office received a query from a Hungarian person living outside Hungary. He is not a Hungarian citizen, and as such is not entitled to participate in state-financed education. He asked whether he could earn the right to state-financed education by obtaining a residence permit in Hungary. The Office informed him that, pursuant to Section d) of Paragraph (2) of Article 3 of Government Decree 120/2000 (VII. 7.) on the financing of higher education institutions from capitation grants for training and maintenance, those foreign citizens who are subject to the same treatment as students with Hungarian nationality pursuant to legislation or an international agreement must be considered as state-financed students of higher education institutions, provided that they comply with the other criteria set out by the law. In accordance with Paragraph (3) of Article 14 of Government Decree 157/2001 (IX. 12.) on certain issues relating to the tertiary level studies of foreign citizens in Hungary and of Hungarians abroad, for the purposes of the Higher Education Act and the implementation decrees thereof, immigrants and foreigners with a refugee certificate must be considered as having the same legal status as Hungarian citizens as of the date of issue of the Hungarian identification card or refugee certificate. Pursuant to the above regulations, a person holding a residence permit is not considered as having the same legal status as Hungarian citizens in terms of eligibility for state financing. Therefore, such persons cannot apply for state-financed training programmes. (K-OJOG-587/2002.)