Work permit for a foreigner in Ukraine

1) For legal employment of a foreigner in Ukraine, the employer must obtain permission from the Employment Center.

2) The validity period of the permit is from six months to three years.

3) After the permit expires, it can be extendedan unlimited number of times.

4) Education of a foreigner does not matter.

5) The employer can be both a legal entity and an individual entrepreneur.

6) The permit is issued by the employer for a specific position, and not by a foreigner seeking work.

7) Using the labor of a foreigner without a permit is a violation of both labor legislation (a fine equal to twenty times the minimum wage is levied) and an administrative offense (punishable by a fine from UAH 8,500 to UAH 17,000).

What is a work permit? What are the peculiarities of the employment of foreigners?

The permit for employment of foreigners and stateless persons is a document that gives the employer the right to temporarily use the labor of a foreigner at a specific workplace or a certain position.

A foreigner can work in one or more positions, not limited by one company, provided that each employer obtains a permit.

Also, a foreigner can work without a permit in part-time positions at one employer, if the term of validity of the employment contract in the part-time position does not exceed the term of validity of the permit at the main place of work.

In addition, it is allowed to combine work in the position specified in the permit with work with the position of a temporarily absent employee, but not more than 60 calendar days per year.

Who does not need to obtain a work permit?

Without obtaining a work permit, employment is carried out:

1. foreigners permanently residing in Ukraine (received a permanent residence permit in Ukraine);
2. foreigners who have acquired refugee status or received permission to immigrate to Ukraine;
3. foreigners who have been recognized as persons in need of additional protection or who have been granted temporary protection in Ukraine;
4. representatives of foreign sea (river) fleets and airlines serving such companies on the territory of Ukraine;
5. persons recognized as stateless by the State Migration Service of Ukraine;
6. employees of foreign mass media accredited to work in Ukraine;
7. athletes who have acquired professional status, artists and art workers to work in Ukraine by profession;
8. employees of emergency and rescue services to perform urgent work;
9. employees of foreign representative offices that are registered on the territory of Ukraine in accordance with the procedure established by law;
10. clerics who are foreigners and temporarily stay in Ukraine at the invitation of religious organizations to conduct canonical activities only in such organizations with official approval from the body that registered the charter of the relevant religious organization;
11. foreigners who arrived in Ukraine to participate in the implementation of international technical assistance projects;
12. foreigners who have arrived in Ukraine to carry out teaching and/or scientific activities in institutions of professional pre-higher and higher education at their invitation;
13. other foreigners in the cases stipulated by the laws and international treaties of Ukraine, the binding consent of which has been given by the Verkhovna Rada of Ukraine.

Who needs to get a work permit?

If a foreigner does not belong to any of the categories of persons mentioned above, for his legal employment, the employer must first obtain an employment permit to use the foreigner's labor.

The permit can be obtained for the following categories of employees:

• foreign employees and gig workers;
• seconded foreign workers;
• intra-corporate assignees;
• foreigners and stateless persons, in respect of whom a decision has been made to process documents to resolve the issue of recognition as a refugee or a person in need of additional protection, as well as those who appeal the refusal decision;
• persons who have submitted an application for recognition as a stateless person, and persons who appeal the decision to refuse recognition as a stateless person;
• foreigners and stateless persons who have arrived in Ukraine for the purpose of studying in higher education institutions and intend to work in Ukraine during the period of study and after graduation, provided that they are employed no later than 30 calendar days before the end of their studies.

Who issues the work permit?

Territorial bodies of the State Employment Service – Employment Centers – are responsible for issuing employment permits for foreigners and stateless persons.

For how long can work permit be issued?

What are the salary requirements for a work permit?

From October 2022, the legislation no longer contains minimum wage requirements for foreigners.

That is, in order to employ a foreigner, it is no longer necessary to set a salary in the amount of at least 10 minimum wages. It is sufficient to comply with the general norms of the legislation of Ukraine on labor remuneration.

What is the cost of obtaining a work permit?

*The amount of the fee for extending the validity of the permit is 1 subsistence minimum less than the amount of the fee for initial issuing it for the corresponding period.

Issuing and extending the validity of a work permit is free of charge for:

• foreigners and stateless persons, in respect of whom a decision has been made to process documents to resolve the issue of recognition as a refugee or a person in need of additional protection, as well as those who appeal the refusal decision;
• foreigners and stateless persons who arrived in Ukraine for the purpose of studying in higher education institutions;
• persons who have submitted an application for recognition as a stateless person, and persons who appeal the decision on refusal;
• foreigners and stateless persons who took a direct part in repelling and restraining the armed aggression of the russian federation against Ukraine.

The employer must submit a document on the payment of the fee for the issuance or extension of the permit together with the corresponding application to the Employment Center.

Is it possible to extend the work permit?

The validity of the permit can be extended an unlimited number of times if a foreigner still employed.

An application to extend the validity of the permit is submitted by the employer to the Employment Center no earlier than 50 calendar days and no later than 20 calendar days before the expiration of such a permit.

In what cases should changes be made to the work permit?

It is necessary to apply to the Employment Center for changes to the permit under the following circumstances:

1. change of name, reorganization or division of a legal entity - an employer, change of name and/or surname and/or patronymic of an individual entrepreneur who is an employer;
2. issuing a new passport document of a foreigner, including in case of a change of the foreigner's name and/or surname, and/or patronymic;
3. changing the title of a foreigner's position, transfer to another position with the same employer within the period for which the permit was issued.

Is it possible to get a duplicate employment permit?

Yes, in case of loss or damage of the permission form, the employer has the right to receive a duplicate.

If the permit is lost, it is necessary to notify the relevant Employment Center and submit an application in an arbitrary form for the issuance of a duplicate of such a permit.

If the permit is damaged, in order to issue a new one, one needs to submit an application and attach the damaged permit to it.

In both cases, a new form will be issued within 7 working days.

In what cases the work permit can be revoked?

At the initiative of the employer, the permit is canceled in the following cases:

1. the employment contract or gig contract with a foreigner or stateless person has been terminated;
2. the execution of the contract concluded between Ukrainian and foreign business entities, in connection with which a foreigner or a stateless person was sent, has been suspended;
3. The Migration service made a decision to recognize a foreigner as a refugee or a person in need of additional protection.

At the initiative of the Employment Center, the permit is canceled in the following cases:

1. failure by the employer to submit a copy of the employment contract or gig contract concluded with a foreigner to the relevant Employment Center within the prescribed period;
2. submission by the employer of an application for the cancellation of the permit or detection by the Employment Center of the fact that the employer did not submit an application for the cancellation of the permit, if there are circumstances;
3. detection of unreliability of data in the documents submitted by the employer, which could not be detected during the examination of the application;
4. there is a decision on forced return or forced deportation of a foreigner;
5. establishment of the fact of employment of a foreigner under conditions other than those specified by the permit or by another employer (except for permitted cases of part-time work and combining positions);
6. the foreigner's failure to exercise the right to appeal the decision of the Migration Service to refuse recognition as a refugee or a person in need of additional protection, or in the case of a final decision on the refusal to recognize a refugee or a person in need of additional protection;
7. entry into legal force of the indictment of the court, according to which the foreigner was convicted for committing a crime;
8. receipt of a request to revoke a permit from the National Police of Ukraine, the Security Service of Ukraine, another state body that, within the limits of its powers, ensures compliance with the requirements of the legislation on the legal status of foreigners and stateless persons;
9. non-payment by the employer, according to the data of the register of insured persons of the State Register of Mandatory State Social Insurance, of the single contribution to the mandatory state social insurance for the person whose work permit has been obtained, within two months from the date of concluding an employment contract (contract) with a foreigner or a stateless person, except for cases provided for by law;
10. receiving from the institution of higher education of Ukraine information about the expulsion of a foreigner or a stateless person.