FAQ

According to Ukrainian legislation, the employment of a foreign citizen on the territory of Ukraine is possible by receiving the permit for employment of a foreigner (work permit). The procedure of its obtaining is established in detail in Ukrainian legislation.

            All the necessary actions concerning execution of documents for receiving the work permit are to be carried out by the employer. So, the foreign citizen isn’t obliged to be present personally while fulfilling the documents. 

            To receive the work permit, the employer should apply to the territorial body of the State Employment Service of Ukraine and submit an appropriate package of documents.

   But the first step will be applying about new vacancy (or free vacancy) to the territorial body. It should be submitted 15 days before applying for a work permit.

 

            The list of documents, needed for getting the permission for employment of a foreigner in Ukraine:

 

-application; -duplicate of documents about education or qualified alien of a foreigner; -duplicate of passport pages of a foreigner with personal data together with translation to Ukrainian language and certified in accordance with legislation; -two color photographs of a foreigner (size 3,5 x 4,5 cm;) -document issued by the health care institution which confirms that person is not ill with chronic alcoholism, substance abuse, drug abuse or other infectious diseases, the list approved by the Ministry of Health of Ukraine; -certificate, stamped and signed by the employer which confirms that the position which is going to be occupied by a foreigner is not related to the citizenship of Ukraine and does not require the authorized access to the state secret information.; -certificate of Ministry of Internal Affairs that a foreign (if a foreigner during processing of the work permit is on the territory of Ukraine); -certificate of the authorized body of the country of origin that a foreign citizen is not serving a sentence for the crime and criminal proceedings are not carried out against them (if a foreigner during processing of the work permit is out of the territory of Ukraine);

 

            During seven working days the territorial body decides about issuance of the work permit. After that, the employer should send to the territorial body the labour contract with a foreigner. That will be the last step in the procedure of receiving the work permit.

            The work permit is valid for the period up to one year and can be prolonged unlimited number of times for the same period.

            Obtaining the work permit is a ground for receiving a visa of the appropriate type for a foreigner, receiving a temporary residence permit and registration of the place of temporary residence.

           

 

We are in an age of specialization.  As times have changed, no attorney can possibly keep up with all areas and complexities of the law, and that is why our team is comprised of the top legal minds, each with their own area of practice.  Our firm is also unique in that while we all specialize in various aspects of the law, the size of our legal team allows us to offer counsel on nearly any facet of the law.

We understand the importance of communication and transparency between attorney and client.  Although we would like to talk to you weekly by telephone, that would be neither practical nor productive.  Legal matters have a way of stretching out over long periods of time.  To you, it may often seem like ages have gone by without activity, however, in fact, much behind-the-scenes work is being completed so that on the day your matter is ready, nothing will be overlooked.  In order to keep the cost of legal services down while maximizing communications, we will strive to keep you informed when anything important happens and to respond to your questions in a reasonable time.  In addition, we will inform you when your presence is required, either in our office or in court.

We are interested in your questions and we want you to ask them.  Sometimes we are required to be out of the office, even for days at a time.  When in the office, we meet with clients, complete research, review documents, or prepare contracts, briefs or pleadings.  For the most efficient and quickest response please contact one of our legal assistants, as they have a working knowledge of all aspects of your case.  If the assistant cannot answer your question, every attempt will be made get the answer for you, or arrange to have your attorney contact you as quickly as possible as we understand your concerns and issues.  Above all, leave a message so we know your concern in advance.  If you do that, we will always try to get an answer back to you even if your attorney is out of the office when you call.

We are interested in your questions and we want you to ask them.  Sometimes we are required to be out of the office, even for days at a time.  When in the office, we meet with clients, complete research, review documents, or prepare contracts, briefs or pleadings.  For the most efficient and quickest response please contact one of our legal assistants, as they have a working knowledge of all aspects of your case.  If the assistant cannot answer your question, every attempt will be made get the answer for you, or arrange to have your attorney contact you as quickly as possible as we understand your concerns and issues.  Above all, leave a message so we know your concern in advance.  If you do that, we will always try to get an answer back to you even if your attorney is out of the office when you call.

A phone call to our office will direct you to the person who can best answer your question. Remember, no questions as to your rights, duties or obligations should go unanswered because you did not know which specialist to call. Fees for these different matters will be charged in accordance with our regular practice.

All office visits are by appointment only.  We encourage each of our clients to schedule meetings with us during regular business hours (9 am – 6 pm).  From time to time you may request that we meet you in the evening if the matter cannot wait.  While we do not encourage these “special visits,” we may arrange them where necessary.  If we must meet with you in the evening, we must reserve the right to add a surcharge to our regular fee for the appointment.  You will be advised, in advance, of the decision concerning the surcharge.  Since “special visits” may be expensive, please avoid them wherever possible.

Upon arrival in Ukraine a foreigner who received a long-term visa, must apply within five working days to the State Migration Service with an application to grant him a permit for permanent residence. The application shall be accompanied by: 

1).  passport  of  a  foreigner  or  a  document  that  identifies  the  person without citizenship (after submission returned) and a copy thereof,

2). Ukrainian translation of passport or a document that identifies the person without citizenship, personal data, attested to the legislation, and

3). A copy of the decision of an immigration permit,

4). Receipt of payment of the state fee or a document that confirms the existence of benefits for its payment,

5). Four photos of foreigners and stateless size 3.5 x 4.5 inches (in matte),

6). A copy of the tax authority issued a certificate identification number (if any).
Permanent residence permit is a document that certifies the identity of a foreigner or a stateless person and confirms the right of permanent residence in Ukraine (paragraph 17 of Part 1 of Article 1 of the Law of Ukraine "On Legal Status of Foreigners and Stateless Persons"). Permanent residence permit is issued within one week of receipt of the application and provides the right to be a foreigner in Ukraine constantly for the duration of the visa without having to extend their stay.

Upon arrival in Ukraine a foreigner who received a long-term visa, must apply within five working days to the State Migration Service with an application to grant him a permit for permanent residence. The application shall be accompanied by: 

1).  passport  of  a  foreigner  or  a  document  that  identifies  the  person without citizenship (after submission returned) and a copy thereof,

2). Ukrainian translation of passport or a document that identifies the person without citizenship, personal data, attested to the legislation, and

3). A copy of the decision of an immigration permit,

4). Receipt of payment of the state fee or a document that confirms the existence of benefits for its payment,

5). Four photos of foreigners and stateless size 3.5 x 4.5 inches (in matte),

6). A copy of the tax authority issued a certificate identification number (if any).
Permanent residence permit is a document that certifies the identity of a foreigner or a stateless person and confirms the right of permanent residence in Ukraine (paragraph 17 of Part 1 of Article 1 of the Law of Ukraine "On Legal Status of Foreigners and Stateless Persons"). Permanent residence permit is issued within one week of receipt of the application and provides the right to be a foreigner in Ukraine constantly for the duration of the visa without having to extend their stay.

If a foreigner intends to work and receive  an  official  salary  on  the territory of Ukraine he/she must obtain  a  permit  allowing  employment  which  allows  getting  long  term  visa  (provided  by  the  competent authorities  of  Ukraine  to  the  established  form  of  permission  required  for  foreigners  and  stateless  persons during the relevant period).  The respective  permit is issued by the State Employment Centre of the Ministry of  Labor  (hereinafter  -  the  State  Employment  Centre)  or  by  respective  employment  centers  of  the Autonomic Republic of the Crimea, of the cities of Kiev and Sevastopol in order to allow foreigners to work for  companies,  institutions,  organization  which  have  invited  a  foreigner  to  take  up  a  certain  position (according to profession) in conformity with the  Procedure  on Issuing,  Prolongation  and  Annulling  of  Work permits to Foreign Citizens and Stateless Persons in Ukraine approved by the Cabinet of Ministers of Ukraine Resolution No 322 dated 8 April 2009 (hereinafter – the Procedure No 322).

According to this Procedure No 322 a permit allowing employment is issued to a foreign national and person without citizenship intending to work in Ukraine, provided that no employees capable of performing this particular type of work are available in Ukraine or its particular region, or there is sufficient justification for the expediency of using employment of foreign professionals. International agreements between Ukraine and particular states can also establish other rules of employment of foreign nationals. This Procedure and the requirements thereof also apply to the foreign nationals that have been sent to Ukraine by a foreign employer to perform work and render services under the contracts between Ukrainian and foreign enterprises, physical persons and legal entities, subjects of business activities.

Only  the  payers  of  unemployment  insurance  fees  to  the  General  Mandatory  State  Social  Insurance Fund of Ukraine, registered in local employment centers, may employ foreign nationals.

In  order  to  obtain  or  to  prolong  a  permit  allowing  employment  an  employer  submits  the  following documents to relevant employment centre:

-  written application;

-  2 color photos of size 3,5X4,5 sm.;

-  substantiation for the need of using the work of foreigners and possibility of establishing for them required conditions of stay and activity;

-  copy of the Draft employment agreement (contract), certified by the employer;

-  copy of Statute of the employer notarized in due order;

-  certificate from Employment Centre about absence of employer debt to Fund;

-  document (an order, an extract from minutes of meeting, a power of attorney, etc.) formalized in

due  order  and  certifying  that  a  representative  of  an  employer  is  authorized  to  represent  employer  before employment centre;

-  copies of documents on education or qualification of foreigners;

-  written statement (stamped and authorized by the employee or if there is a secret regime body  –  it also should be signed by its Head) that in case of presence of a classified body within the company, regarding

that the position which would presuppose the foreigner’s employment does not require the admission to the national security information;

-  certificate  from the  State  Tax  Service on  the  payment  by employer taxes  and duties  (mandatory payments);

-  the  written  statement  obtained  from  the  respective  authority  of  the  country  of  origin  regarding criminal history record of the foreigner (whether s/he is under examination or serving sentence);

-  copies of the passport pages which contain identification information;

-  statement or  an  extract from  the  Single State  Register  of  Legal entities and physical persons – entrepreneurs;

-  receipt of payment for application consideration.

A permit allowing employment is not required from foreigners who reside permanently in Ukraine as well as from other foreigners in cases foreseen  by laws and international treaties of Ukraine (e.g., in case of employment  of  a  foreigner  by  investor  within  and  according  to  position  (specialization)  defined  by production sharing agreement. Moreover, according to international treaties there may be other procedures of employment of family members of employees of diplomatic and consular representative institutions).

A  permit  allowing  employment  is  issued  for  a  period  of  time  up  to  one  year.  This term may be prolonged. For this purpose employer needs to address, according to the above-mentioned order, respective employment centre not later than a month before expiration of previous validity term of a work permit. Permits allowing employment for two categories of foreign employees, which belong to the category of  inter-corporate  assign (executive  personnel,  managers  and  experts),  and  persons  who  “render  services without  being  commercially  present  in  Ukraine”  are  issued  for  the  whole  term  of  their  employment  in Ukraine.  For  that  the  employee  should  submit  to  the  employment  centre  not  only  the  aforementioned documents  (except  the  document  which  certifying  that  a  representative  of  an  employer  is  authorized  to represent employer  at Employment Centre and  the written statement  regarding that the position which would presuppose the foreigner’s employment does not require the admission to the national security information), but also the written decision of the foreign entity  to transfer the foreigner to work in Ukraine and the copy of the relevant contract  foreigner  with the foreign employer with respective term (period) for fulfilling work in Ukraine.

All  documents  that  issued  by  foreign  country  and published in  foreign  language  that  specified in paragraphs  5,  6  and  7 of  the  Procedure  No  322, must  be  translated  into the  Ukrainian language, certified under the laws of the issuing country and legalized by the Ministry of Foreign Affairs  of Ukraine  if not otherwise  specified  by  international  agreements  of  Ukraine ratified by  Verkhovna Rada  of Ukraine.

The  note  on  permit  allowing  employment  availability  is  made  within  foreigner’s  national  passport while temporary residence certificate issuing made by the State Department.

Currently  there  is  no  legal  provision  of  issuing  more  than  one  permit  allowing  employment  to foreigners occupying part-time jobs. According to procedures prescribed for citizens of Ukraine, in order to obtain the right to working activity a foreigner needs to get a certificate of permanent residence in Ukraine. It gives the right to be employed within two or more companies without drawing up work permit. Please pay attention that possibility of issuing a work permit in Ukraine to foreign entrepreneurs – physical entities, as well as to foreigners who formalized their legal relations with employers according to civil legal agreements, is not envisaged by current legislation.

The temporary residence permit gives a foreign citizen the opportunity to stay in Ukraine for the term of its validity (one year with possible prolongation). The grounds for obtaining temporary residence permit may be different which determines the list of  required documents.

The grounds for obtaining temporary residence permit in Ukraine are:

 

-With the purpose of employment; - To participate in the international technical assistance projects; - At the invitation of religious organizations; - To participate in the branches, representative offices and other structural units of public (non-governmental) organizations of foreign countries; - To work in offices of foreign entities in Ukraine registered in the established order; - To work in branches or representative offices of foreign banks registered in the established order; - For conducting cultural, scientific, educational activities on the grounds and in the manner prescribed by international treaties of Ukraine or special programs; - For correspondent or representative of foreign mass media; - For studies; - For the purpose of family reunification with persons who are citizens of Ukraine

 

To obtain a temporary residence permit it is needed to contact the territorial division of the State Migration Service of Ukraine (depending on the address of foreigner place registration).

! Pay attention to the obligatory presence of a foreign citizen when submitting documents to the territorial division of State Migration Service of Ukraine and obtaining the temporary residence permit.

The list of documents required for the temporary residence permit: (it is general list of documents for the temporary residence permit when the ground is a work permit. The list should be specified when preparing documents)

 

1. Application in established form; 2. Copy of the passport (where is personal data, D- Visa, mark on entry to Ukraine) of a foreigner with a translation to Ukrainian; 2. Copy of a Work Permit Certificate; 3. Copy of foreigner’s tax number issued in Ukraine. 4.  4 colored photos (3x4) on matte paper. 5. Copy of a document that confirms the payment. 6. Passport of the foreign citizen (original). 7.Power of Attorney. 8. Healthy insurance 9. Notice of motion of the host party 10. Guarantee letter

 

What should be taken into account when submitting documents for the temporary residence permit:

 

-Temporary residence permit is valid for one year and can be prolonged unlimited amount of times if the ground for the permit is still available.  -Temporary residence permit is issued within 15 days after submitting all necessary documents Ø Within 10 days after obtaining the temporary residence permit it is obligatory to register the foreigner's place of residence in Ukraine. -If the permit expires without further its prolongation it is obligatory to remove a foreign citizen from the place of registration within 10 days after expiration of the permit.