Sometimes you can continue working while a residence application is pending, but the application receipt alone is not permission to work. You need to establish both lawful stay and the legal basis for the particular employment.
The Foreigners Act addresses stay during a properly filed procedure. Work is a separate question under the foreign employment rules. A rule allowing continuation in one situation should not be applied to a person changing employer, changing residence purpose or relying on a different exemption.
Start with your position before filing
Gather the visa or permit under which you were staying, the relevant employment authorisation or exemption, and evidence of how and when the residence application was filed. Record whether formal defects were identified and how they were handled.
Next compare the current job with the job covered by those documents. “Still working” can conceal a new legal employer, different duties or a new contract. Those changes need their own review.
A practical scenario checklist
| Situation | The question to resolve |
|---|---|
| Same employer and work | Does the applicable continuation rule cover this exact sequence of documents and dates? |
| New employer | Is there a separate basis to start the new job, or is further action required first? |
| Student taking a job | What residence basis and student exemption, if any, apply now? |
| Graduate | Which exemption applies after graduation, and what supports continued residence? |
| Blue Card holder | Which version of the rules and notification obligations apply to the permit? |
This table identifies checks; it does not declare that all the listed situations permit work.
Students: check the current university rules
The Labour Inspectorate’s September 2026 notice highlights the conditions applying after the July 2026 change. Do not rely only on the word “student” or an old university webpage. Our student work guide separates the study-based exemption from other possible work rights.
What an employer should receive
Give HR a coherent explanation supported by the relevant documents, not just a screenshot saying “application in progress”. Keep the filing evidence, current decision and employment documents available through the agreed secure channel. Ask the person assessing the case to identify the actual legal basis and the circumstances that would require reassessment.
For example, a conclusion reached before a job change should not be reused automatically after it. Write down the change date and have the new position checked before starting the new arrangement.
If you want help, tell STAYLEGAL about your work situation. Include the document types and dates in your first message; do not send passport numbers or scans at that stage.