How to obtain a work permit and employ a foreigner in Ukraine?
Ukrainian businesses planning to engage foreigners often face a number of problems during the hiring process, which are related both to the nuances of obtaining permits and the procedure for employing a non-resident.
In this article, we will tell how to hire a foreigner for work in Ukraine, what documents must be prepared, and what to do after obtaining the permit.
What should be the first step to employ a foreigner?
According to Ukrainian legislation, in order to legally employ foreigners and stateless persons, the employer is obliged to obtain a work permit from the Employment Center.
First, determine the position the foreigner will hold and the amount of future salary. The official job title should be chosen according to the national job classifier. Titles may be refined with terms that specify the workplace or the nature of work. For example, from the basic “manager” to “manager for commercial activity.”
It is also needed to decide for what term to obtain the work permit. At present, the maximum term for which a permit can be issued to a foreign hired worker is 2 years.
The fee amount depends on the permit validity period:
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up to 6 months — three subsistence minimums for able-bodied persons as of January 1 of the year the documents are filed;
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from 6 months to 1 year — five subsistence minimums;
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from 1 year to 2 years — eight subsistence minimums.
At the same time, request the following documents from the foreigner:
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a scanned copy of the passport data page (for international travel);
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a photograph of the foreigner on a white background.
After this, it is possible to start preparing the documents to obtain a work permit for foreigners and stateless persons.
Which documents must be prepared for a work permit submission?
In addition to the application for a work permit and a power of attorney authorizing a representative to submit the documents, the following documents must be prepared:
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a notarized translation of the foreigner’s passport;
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one printed photograph sized 35×45 mm;
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proof of payment of the permit fee (copy or original receipt);
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a draft employment agreement (contract) with the foreigner.
Where to submit the documents?
It is allowed to submit the documents to any Employment Center, regardless of the employer’s place of registration. In Kyiv, for example, documents may be filed through the Administrative Service Center (CNAP).
Documents filed — what’s next?
If the documents are in order and the Employment Center has no remarks, the work permit will be issued within 7 working days from the filing date.
If the application contains mistakes, the Employment Center suspends the review for up to 7 working days to correct them and resumes the review after the corrections are submitted.
Next, arrange a taxpayer card for the foreigner so the employer can hire them and open a bank account for salary payments.
For this, a power of attorney from the foreigner is required. If the foreign national is outside Ukraine at the time of execution, the power of attorney can be issued abroad, apostilled/legalized, and sent to Ukraine.
Alternatively, to avoid legalization and translation costs, execution of the POA before a Ukrainian notary upon the foreign national’s arrival in Ukraine is possible.
What to do after the permit is issued?
Within 90 days from the permit issue date, the employer must conclude an employment agreement (contract) with the foreigner. Within 10 days after signing, a certified copy of the employment agreement must be submitted to the Employment Center that issued the permit.
Are there categories of foreigners who do not need a permit?
Yes, there are such foreigners. Firstly, these are persons who have an immigration permit and a permanent residence permit in Ukraine. In addition to this category, the following may be employed without a work permit: refugees, persons in need of additional protection, and stateless persons who have been granted these statuses in Ukraine. Find the detailed list at the link.
What to do when the work permit is about to expire?
A work permit can be renewed an unlimited number of times. To renew, the employer files the relevant application with any Employment Center and pays a fee that is one subsistence minimum less than the fee for an initial permit of the same term. Renewal fees:
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up to 6 months — two subsistence minimums;
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from 6 months to 1 year — four subsistence minimums;
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from 1 year to 2 years — seven subsistence minimums.
