Brief description
You have faced the following problems:
- Your company has invited or plans to invite a valuable specialist - a foreign citizen for a permanent job
- Your foreign partners / contractors send their employees to perform a specific contract job to your company
- You want to start business in Ukraine and become not only the founder, but also the CEO
- You just need to be in Ukraine and obtain a temporary residence permit
The only possible solution to legally employ a non-resident in Ukraine - is to issue a work permit! A foreigner can only be employed if authorized. Otherwise, your company expects a substantial fine.
Obtaining work permits to foreign citizens is a time-consuming procedure.
The team of our specialists will help you to prepare all the necessary documents and provide FREE advice for each individual item!
Entrust solution of your problems to professionals!
Detailed descriptions
If you are a company, which plans to hire a foreign citizen, the first step in this direction must be getting a work permit for a specific future employee.
A work permit for foreigners in Ukraine is a document granting the employer the right to temporarily use foreign labor in a particular workplace or a specific position.
A work permit for foreigners is issued by the State employment center in the following cases:
- lack of skilled workers capable of performing appropriate type of work;
- sufficient justification to the employment of a foreigner, unless otherwise described in international treaties of Ukraine, approved by the Verkhovna Rada of Ukraine (for example, a foreigner - a founder or co-founder of the enterprise applies for the post of the head, deputy head or other executive position, or a foreigner is a subject of the author’s or allied rights and is invited to work in Ukraine for the implementation of such rights)
- sending a foreigner by a foreign employer to Ukraine to perform a certain amount of work (services) on the basis of agreements (contracts) concluded between the resident and foreign business entities, provided that the number of skilled foreigners involved in such agreements (contracts), is not more than half the total number of people working on the terms of agreements (contracts)
Registration of a foreigner as an employee is possible only after obtaining a work permit.
In case of using foreign labor without permission of the State Employment Agency of Ukraine entrepreneurs, institutions and organizations irrespective of their ownership are invoked penalty of twenty minimum wages for each person by the State Employment Agency.
A work permit is issued for a period up to one year. The validity of a work permit may be extended, for which the employer should apply to the relevant employment center no later than 20 days before the expiration date. After the expiration date the work permit is returned by the employer to the employment center.
For examining applications on giving work permits to foreigners the employer is feed of four minimum wages.
For extension of a work permit to a foreign citizen you pay nothing.
The decision to grant a work permit or deny it is adopted no later than 7 calendar days from the date of submission of all required documents to the State Employment Center.
Basic requirements for the employer:
- feed report of a job vacancy (in some cases)
Basic requirements for a foreigner:
- a document about education or necessary qualifications (documented)
- clean record
A work permit in Ukraine is not required to:
- foreigners who have received a permanent residence permit in Ukraine
- foreigners who were granted refugee status
- foreigners who are recognized as needed additional protection, or who have been granted temporary protection in Ukraine
- representatives of a foreign sea (river) fleet and airlines serving these companies in Ukraine
- foreign media employees accredited to work in Ukraine
- professional athletes, artists and art workers to work in Ukraine by profession
- clergy, teachers
- foreign employees of foreign business entities in Ukraine, registered with the Ministry of Economy of Ukraine
ВАЖНО
Debts of the company to pay taxes or to pay a unified social tax can influence the outcome of work permit issue for a foreign citizen and cause rejection. A work permit is the basis for the issuance of a long-term visa to enter Ukraine for a foreign citizen.
The procedure for obtaining of work permits to foreign citizens in Ukraine
-
Preparation
from 1-12 w.d.
- consultation
- preparation and submission of the report on the job vacancy to the Employment Center (if necessary), 15 days before applying for work permit
- preparation of an application for work permit to foreign citizens in Ukraine; a certificate stating that the workplace or position which will be used by a foreigner, are not connected with citizenship of Ukraine and do not require access to state secrets; power of attorney
- registration of the certificate of no criminal record of a foreigner on the territory of Ukraine at the Internal affairs body
- Representation of interests when making a medical certificate (if necessary}
- harmonization of the documents with the Employment Centre employee
-
Submission of the documents to the Employment Centre on approval
from 1 w.d.
- submission of the documents to the Employment Center
- representation of the company interests when examining the issue on giving work permit for 1 year term by the Commission
-
Obtaining work permit
from 7-9 w.d.
- making payments in the Employment Center for issuing the work permit (if required) and submitting the copy of the receipt in the Employment Center
- obtaining the work permit
- submitting the copy of the labor contract
List of documents required for getting permit to employ non residents
1.
Request
Original
Prepares:
Justicon
2.
Certificate, that the workplace or position, which will be used by a foreigner, do not belong to the citizenship of Ukraine and do not require access to official secret
Original signed by the head of a company with a seal
Prepares:
Justicon
3.
Report of a job vacancy, served in the district employment center
Copy
Served in the district employment center no later than 15 calendar days prior to applying for the work permit
Prepares:
Justicon
4.
Certificate of a foreigner’s clean record (criminal record) on the territory of Ukraine given by the internal affairs agency
Original
It is necessary if at the time of execution of the permit a foreigner is in Ukraine
Prepares:
Justicon
5.
Certificate of a foreigner’s clean record (criminal record) on the territory of the host country (outside Ukraine) given by the internal affairs agency
Original
It is necessary if at the time of execution of the permit a foreigner is outside Ukraine
Prepares:
Customer
6.
Documents on education or qualifications of a foreigner
A notarized copy of the translation into Ukrainian, the translator's signature notarized
In some cases, apostille or consular legalization are needed
Prepares:
Customer
7.
Foreigner’s passport
A notarized copy of the translation into Ukrainian, the translator's signature notarized
It is necessary to certify and translate the first page of the passport and to provide a copy of the passport stamped on the border
Prepares:
Customer
8.
Two color photos
Size 3.5 x 4.5 cm
Prepares:
Customer
9.
Document issued by the medical institution that the person does not have
- alcoholism, drug addiction, substance abuse;
- catching disease;
Original
Prepares:
Customer
10.
Charter documents
Notarized copy
In the case of employment of the founder to executive position
Prepares:
Customer
11.
Work permit
Original
In case of extension
Prepares:
Customer
12.
Receipt of payment for the consideration of the application
Copy certified by the company seal and signature of the head
- 4 minimum-wage;
- Payable after the decision to grant a work permit;
- In case of extension it is not paid
Prepares:
Customer
13.
Power of Attorney for our employees from the company
Original certified by the company seal and signature of the head
Prepares:
Justicon
14.
A copy of the employment contract
Copy certified by the company seal and signature of the head
Served after obtaining a work permit during 10 days after signing the contract
Prepares:
Justicon
Customer
Depending on the category of foreigners additional documents are served; you will be informed in advance.
A complete list of documents for employment in your case, you can find out by phone or arrange a meeting with a lawyer in the office.
Law Firm "JUSTICON", having many years of experience, offers a full range of legal services on getting a permit to use a foreigner’s labor on the territory of Ukraine.
Legislation
- The Law of Ukraine "On the Legal Status of Foreigners and Stateless Individuals" from 22.09.2011
- Law of Ukraine "On Employment" from 01.10.2011
- Resolution of the Cabinet of Ministers of Ukraine № 437 of 27.05.13 "Procedure of issuance, extension of the period and revocation of permits for employment of foreigners and stateless persons"
Questions and comments