The national interest exception: How guest workers “find a way” into Hungary

In 2024, Hungary saw significant changes to its immigration and employment rules. The new laws aimed to limit the number of workers from third countries, giving preference to Hungarian workers. Despite this, thousands of foreigners were granted residence or permanent residence permits in Hungary through another channel, by special ministerial decision.

Although the government has tightened the laws governing the entry of guest workers, in practice, there is a loophole through which thousands of people have obtained residence or permanent residence permits: the special ministerial decision. The Hungarian Interior Minister, currently Sándor Pintér, has the power to authorise third-country nationals to reside or settle in Hungary on the basis of individual assessment in the national interest.

There are no pre-defined eligibility criteria for these permits, so there is no uniform set of criteria; the decision is entirely at the discretion of the Minister. This system, therefore, allows people to settle in Hungary by circumventing strict rules and on the basis of a specific assessment. The justification is often based on economic, cultural or strategic interests, but the exact decision-making mechanism is not transparent.

Which country’s nationals have been granted entrance?

According to Portfolio, it has been revealed that in 2024, a total of 1,146 residence permits and 990 permanent residence permits were issued “in the national interest.” This amounts to 2,136 individuals, a remarkable figure considering the system is, in principle, intended for exceptional cases.

The largest number of residence permits was granted to Chinese nationals (248), followed by Turks (162) and Americans (161). Interestingly, South Africans topped the list of permanent residence applicants, with 394 permits issued, far more than any other nationality. Venezuelans were in second place (198), and Chinese nationals were third (117).

The reasons behind these decisions are often unclear. For the Chinese, the economic justification is understandable, given the construction of the Budapest–Belgrade railway line and the establishment of large Chinese factories requiring Chinese professionals.

Economic investment and the shadow of politics

According to Index, the reference to the ‘national interest’ is often based on economic grounds, especially when it comes to large investments. Examples include the arrival of Chinese workers for the Budapest-Belgrade railway line or the construction of battery factories. In these projects, the government has a strategic interest in providing labour, and the Ministry of Interior often categorises these cases as being in the national interest.