Why “continuity” is an exception that is widely mistaken for a rule
Continuity of work rights under Polish law: legal framework and common misconceptions
Continuity is not a legal right. It is merely the result of the fact that an existing right has not yet expired.
One of the most dangerous misconceptions in the legalisation of work in Poland is the belief that submitting an application or waiting for a decision automatically “extends” the right to work. In everyday language this is often referred to as “continuity”, but this is precisely where a critical substitution of legal concepts occurs.
Continuity is not an independent right and does not arise from the mere fact of filing an application, having a passport stamp, or being assigned a case number.
It exists solely as a factual consequence of the situation in which the underlying work authorisation is still valid and has not been interrupted.
Extending this narrow exception to other legal situations is what leads to widespread violations that surface later – during inspections or in subsequent administrative procedures.
The basic rule that is often ignored: a work permit is always time-limited
Under Polish law, a work permit is always issued for a fixed period. This is not a matter of administrative practice or discretion, but a direct statutory rule.
Pursuant to Article 88e(1) of the Act on Employment Promotion and Labour Market Institutions, a work permit is issued for a specified period not exceeding three years (or up to five years in exceptional cases) and may be extended.
The key word here is “may”.
An extension of a work permit:
- does not occur automatically;
- constitutes a new administrative procedure;
- requires a separate application and a new administrative decision.
Once the expiry date indicated in the permit has passed, the right to work ceases – regardless of whether an application for extension has been filed or the procedure is still pending.
Waiting for a decision ≠ the right to work
Polish law does not provide for a general “transitional status” allowing work.
Waiting for an administrative decision – even while staying legally in Poland – does not in itself create a right to perform work.
Official explanations issued by voivodeship offices clearly emphasise that:
- the mere fact of waiting for a decision or having a passport stamp confirms legal stay only;
- it does not automatically grant the right to work.
This distinction is fundamental: residence and employment are two separate legal regimes governed by different statutory frameworks, and one does not automatically extend the other.
The only statutory “bridge” that exists: oświadczenie → work permit
Polish law does provide for one narrow and specific mechanism that is often colloquially referred to as “continuity”: the transition from an oświadczenie o powierzeniu wykonywania pracy to a work permit.
This mechanism is derived from:
- the provisions of the Act on Employment Promotion and Labour Market Institutions governing oświadczenia (Article 88z et seq.);
- the implementing regulation of 18 July 2022 (Journal of Laws 2022, item 1558);
- and confirmed by official administrative practice (voivodeship FAQs, Zielona Linia).
In this exceptional configuration, and only under strict conditions – such as:
- uninterrupted employment,
- working conditions not worse than those specified in the oświadczenie,
the period between the expiry of the oświadczenie and the issuance of a work permit may, in certain cases, not be classified as illegal employment.
This is precisely the exception that is frequently and incorrectly generalised.
Why this exception does not apply to “current permit → new permit”
Polish law provides no analogous mechanism for the situation of “work permit → new work permit”.
Official explanations explicitly state that:
- after the expiry of a work permit, there is no legal basis to continue working solely because a new application has been filed and is under consideration;
- the law does not allow for overlapping work between two work permits.
In other words, outside the specific oświadczenie → work permit mechanism, waiting for a decision means the absence of the right to work.
Why this does not apply in residence procedures (including temporary residence and work permits)
Residence procedures are governed by a different legal act – the Act on Foreigners – and concern a different subject matter.
A passport stamp and the pending status of a residence application:
- legalise the foreigner’s stay in Poland;
- do not extend the validity of a work permit, which is regulated by a separate statute and a separate administrative decision.
This is why official voivodeship FAQs consistently emphasise that:
- a passport stamp does not automatically confer the right to work;
- no residence provision extends the validity of a work permit solely due to the pending status of proceedings.
Why the error is not immediately visible
At the application stage:
- no authority verifies day-to-day actual employment;
- no continuous comparison is made between each working day and the applicable legal title.
Such verification occurs retrospectively:
- during inspections,
- or in subsequent residence procedures.
It is at that point that it becomes apparent that part of the employment period was performed without a valid legal basis – even though, at the time, everything appeared formally correct.
Conclusion
Continuity is neither a rule nor a guarantee. It is a narrow exception linked to a specific statutory construction.
Outside the special oświadczenie → work permit transition:
- waiting for a decision,
- filing an application,
- holding a passport stamp do not extend the validity of a work permit.
Confusing this exception with a general rule most often results in:
- refusals of residence permits,
- withdrawal of work authorisations,
and a disrupted migration history for years ahead.
Ukrainian version of this article
Contact For professional assistance regarding Polish immigration, residence procedures, and administrative compliance, you may contact me via Telegram: @aleks_dokumenty