Stay and the right to work are two matters
A foreigner's stay and the foreigner's right to work have separate bases and separate validity dates. The work of a foreigner whose basis of stay does not entitle the foreigner to work, or who does not have the required permit or declaration, is illegal (Art. 2 point 3 of the Act on the Conditions for Permitting the Entrusting of Work to Foreigners, hereinafter: the Act on Entrusting Work). So watch both dates.
A residence card or a visa is expiring
The foreigner applies for a new residence permit personally - a temporary residence card is not extended. See: renewal of the residence card. If the foreigner submits the application on time and without formal defects, the foreigner's stay is legal until the day the decision becomes final (Art. 108 para. 1 point 2 of the Act on Foreigners). From 27 April 2026 this is confirmed by the voivode's certificate (Art. 108 para. 1 point 1). The protection does not apply when the proceedings were suspended at the request of the foreigner (Art. 108 para. 2).
The foreigner submits the application for a visa extension at the latest on the day the legal stay expires. After the deadline the voivode refuses to institute proceedings (Art. 85 para. 1 and Art. 86). An application submitted on time gives a legal stay until the final decision (Art. 87 para. 1 point 2).
A work permit is expiring
As the employer, submit an application for a subsequent permit during the validity of the current one, if the foreigner is to work in the same position or the same type of work. When the application has no formal defects or you remove them on time, work on the existing conditions is legal from the end of validity of the permit until the day the decision becomes final. Periods of suspension of the proceedings at the request of a party are not counted (Art. 21 para. 1). In the event of a system failure, you submit the application at the latest on the first working day after the failure is removed (Art. 21 para. 2).
The same rule covers a foreigner who submits an application for a subsequent temporary residence permit in order to continue work (Art. 21 para. 3). See: working while waiting.
A declaration is expiring
The period of work in a declaration cannot be longer than 24 months (Art. 61 para. 1 point 5), so afterwards you need a new basis. If you employ the foreigner under an employment contract for at least 3 months, you may, before the end of work under the declaration, submit an application for a permit in the same position. Work is then legal until the permit is issued or a refusal is delivered (Art. 71 para. 1).
What is at stake when the basis has expired
Continuing to entrust work without a valid basis is illegal entrusting of work (Art. 2 point 2). The obligation to perform work lapses for the time during which the foreigner does not meet the conditions of Art. 3 (Art. 25 para. 1). The exception to the penalty for the lack of a valid visa or residence document (Art. 85) is described in the guide how to check legality. More on the consequences: penalties.
A work permit also expires by operation of law when the foreigner receives a permanent residence permit or an EU long-term resident permit (Art. 24 point 1). If the foreigner ended work earlier than 2 months before the end of validity of the permit, notify the authority of this within 7 days (Art. 19 point 3, Art. 20 para. 1).