A few days ago, I posted a short video on social media about the new employment rules in Hungary. It was filmed quickly, between meetings, after reading the announcement and trying to interpret what it meant for families already here. I promised I would follow up with the accurate legal explanation once I had checked everything with a proper expert. This is that follow-up.

And to be clear: anything I speculated in the video is superseded by this article, because the legal interpretation below comes directly from Dr. Sánta Szabolcs Miklós, one of Hungary’s leading immigration lawyers. I’m sharing authoritative analysis, so you have the most precise information available today.

When Family Reunification Meets Hungary’s New Employment Rules

Many readers know that Government Decree 450/2024 has introduced a citizenship restriction in connection with employment purpose (foglalkoztatási) residence permits by 1st January 2025. Since then only Armenian, Georgian and Phillippino citizens could apply for this kind of permit. Since then many clients have asked a simple question: If I hold a family-reunification residence permit, can I work in Hungary without being subject to the new citizenship restrictions?

Until recently, the answer was a straightforward YES. EU law grants family reunification residence permit holders the right to work, and Hungarian practice traditionally respected that. But a recent communication from the Budapest Government Office suggests a shift that risks placing family-reunification cases under rules that were never designed for them. The result is confusion – both for applicants and authorities.

Below is what we now know.

What the authority said

In its written response to Dr. Sánta’s inquiry, the Government Office’s Employment Directorate confirmed that if someone who is not here as the family member of a Hungarian citizen applies for residence both for family reunification and employment purposes, they intend to apply the Government Decree’s restriction to that case as well.

They also note that they do not consider family reunification to be a category exempted from these rules, despite the fact that neither the enabling provision of the Immigration Act nor the decree itself extends its scope to family-reunification permits and despite the fact that all this goes against EU-law.

Why this raises legal concerns

Several problems emerge when family-reunification cases are assessed under the nationality restrictions:

1. The decree does not cover family-reunification permits.
   Its legal basis (Section 283 subsection (12) of the Immigration Act) expressly applies only to employment-purpose and guest-worker permits- not to family reunification permits.
2. The decree’s own scope clause is equally limited.
   It refers exclusively to employment-purpose residence permits and guest-worker permits issued under specific sections of the law. Family-reunification permits are not listed.
3. EU law guarantees the right to work for family members.
   Article 14(1)(b) of Directive 2003/86/EC states clearly that family members must have access to the labour market under the same conditions as the sponsor. Nationality-based restrictions that function as barriers are difficult to reconcile with this EU-level protection.

Where this leaves applicants right now

Some applicants indicate both purposes (family reunification and employment) because they intend to live with their family and work legally. Under the authority’s current practice, this option is no longer available for them. This however does not apply for family members of Hungarian citizens. they can still reside here and work legally.

Since these practices are unlawful, they should be eliminated soon. However, until that happens, expect many rejections based on the issues above – along with a surge of lawsuits.

Dr. Sánta’s practical guidance

1. If you are applying for family-reunification residence permit:
   Stay within the family-reunification category alone unless there is a compelling reason to indicate employment. Adding employment will trigger the 450/2024 nationality filter – even though this interpretation is unlawful. Dr Sánta’s advice is go for the permit and challenge the rejection (with the help of an attorney).
2. If you already hold a family-reunification permit and want to work:
   Your right to work derives from EU law and the directive should prevail. A rejection or restriction based on the citizenship restriction is unlawful, so apply and then challenge the decision if it’s a rejection.

What to watch for

This issue sits at the intersection of domestic immigration law and binding EU rules. Until central guidance is issued – or until courts address the legality of the practice – applicants should proceed with caution and seek tailored advice before submitting combined-purpose applications. And, of course, challenge the rejections.

What Dr. Sánta has done so far

Dr. Sánta requested for clarification from the Government Office, they directed him to turn to the ministry which he did, but haven’t received any reply until today (11 December). Dr Sánta will keep us updated, so stay tuned.

FAQ

Do the new employment rules in Hungary apply to family-reunification permits?
According to the legal interpretation provided by Dr. Sánta Szabolcs Miklós, they should not. The decree does not cover family-reunification permits, even though some authorities have recently applied the restriction in practice.

Can a family-reunification permit holder legally work in Hungary?
Yes. EU law guarantees access to the labour market for family members. If a rejection is issued based on the new nationality restriction, it may be unlawful and open to challenge.

Should I apply for both family reunification and employment purposes?
Not for now. Indicating both purposes may trigger the nationality filter, even though this interpretation is not legally justified. Applicants should seek individual legal advice before submitting anything combined.

If you need legal advice on the new employment rules in Hungary

I want to underline this again: I’m not the immigration expert. Everything above is the direct expertise of Dr. Sánta. If you need personalised guidance, representation, or someone to help challenge a rejection, he is the authority you should speak to.

For related practical guidance, see my post on residence card decisions:
Hungary’s National Residence Card Rejections

January’s event and what comes next

With December settling in and everyone slowly shifting into holiday mode, these questions keep filling my inbox. People are understandably worried, especially families who thought this part of the process would be straightforward.

On a more positive note, I’m delighted to confirm that Dr. Sánta will join me again at the HOW TO HUNGARY at KLUSTER live event on Wednesday 21 January. We’ll spend the session unpacking permanent residency in Hungary – both the national version and the EU long-term residence permit.

More details and registration will be available soon. Until then, stay warm, stay organised, and keep your paperwork in arm’s reach. Hungary always keeps us on our toes.