Hungary employs cruel and anti-family policy against guest workers
We recently reported on the case of a Filipina woman who came to Hungary on a guest worker visa but later married a Hungarian software tester and gave birth to their child. Despite this, the authorities are now seeking to deport Rena because she is on maternity leave and therefore not working, which renders her non-compliant with the conditions of her visa. This practice is not only inhumane—it may also be unlawful.
Inhumane and possibly illegal rules for guest workers
The situation is particularly perplexing given that the Hungarian government frequently boasts of its commitment to families, promoting initiatives such as tax benefits, subsidised housing schemes for families (CSOK), and incentives for newlyweds. These measures are intended to encourage childbirth and counteract the population decline Hungary has faced since the 1980s—a decline which could reduce the country’s population to fewer than seven million within the coming decades.
According to an article by 24.hu, Hungarian authorities are applying harsh rules to guest workers—even when they give birth to children who are Hungarian citizens. This is precisely what is happening to Rena and her husband, Péter. The authorities are attempting to deport her despite the fact that she is still breastfeeding their baby. More details about Rena and her family’s case can be found HERE.
A lawyer specialising in immigration law, who spoke to the outlet, explained that several lawsuits are currently underway in Hungarian courts. The problem arises from the fact that guest workers are only granted residence permits tied to employment, and the authorities do not consider parenting to constitute “actual” work.
Being on sick leave shouldn’t be grounds for deportation
Legal expert Hanna Bátki argues that such reasoning is unsustainable and may in fact render Hungarian regulations unlawful. She stresses that third-country nationals are entitled to the protections guaranteed by the Hungarian Labour Code. Consequently, being on sick leave cannot be considered a legitimate basis for deportation.
It is important to note that Rena has not yet been forcibly removed. At present, she has a deportation order requiring her to leave within 30 days—by the end of August—though this deadline can be extended. However, such extensions do not provide a permanent or secure solution.
According to hvg.hu, the prevailing practice in Hungary is that once an employer reports that a third-country worker is on sick leave, deportation proceedings are initiated without delay. It makes no difference whether the worker is married to a Hungarian citizen or even the parent of a Hungarian child. This stems from a loophole in Hungarian law: employment-based visas cannot be converted into other categories of residence permits.
The government takes pride in having the strictest rules
This legal framework aligns with the government’s stated aim of preventing guest workers from remaining in Hungary permanently, obtaining residency rights, or becoming citizens. The rationale, according to the government, is to ensure Hungary does not become, in its words, “overrun by migrants” in the way some Western European countries allegedly have.
Under current regulations, guest workers may apply for family reunification, but only if they first return to their country of origin and complete the formal application process there. For someone like Rena—caring for a newborn infant—this requirement is virtually impossible to fulfil.
Read more from us:
- From the Philippines to Szombathely: Guest Workers in Hungary’s Service Sector
- How much do foreign workers earn? Ukrainian and Asian Guest Workers’ Wages in Hungary
Click for more guest worker-related news.
To read or share this article in Hungarian, click here: Helló Magyar
This is a typical Leftist tactic, straight out of their playbook. Find an isolated and highly unusual case, and then blow it up to demand sweeping legal change.
The basic principle is AND MUST BE: If you come here as a temporary guest worker, then you stay here if, only if, and so long as you continue working in your assigned post. Period. Whatever you choose to do with your life does not and cannot change that.
In this case, the young lady could leave the Schengen area (e.g. just across the border to Serbia) and, there, apply for a spousal visa. She would get it almost instantly, in accordance with the law. She then enters the country legally, as the spouse of a citizen, gets a residence permit, and everything is on the up-and-up.
But no, they HAD to go to the media and whine about the law being unjust and unfair. It’s not.
What’s quite obviously unfair is when a guest worker has married a Hungarian national and has had a child together, they’re forced to leave the country at a critical juncture in the life of their offspring. The law is manifestly absurd. This family could move to any other European country under freedom of movement rules, since they’re married and one of the couple is an EU national, the third country spouse is de facto entitled to a residency visa. It’s (sadly) ironic that they could settle far easier in another EU country than in Hungary. As the husband works in IT they would in fact be advised to pursue this course of action.