Residence permit in Ukraine based business
According to the legislation of Ukraine, a foreigner or stateless person can stay on the territory of Ukraine during limited period of time: cumulative 90 days within 180 days from the date of the first entry. If a non-resident needs to stay in Ukraine for longer period of time, then he/she needs to obtain a temporary or permanent residence permit.
One of the most reliable and popular ways is incorporation of business in Ukraine (usually a limited liability company) and obtaining residence permit.
- To obtain a work permit with residence permit, you need a state registration number. Public fee is 6400 UAH;
- To renew the permit, it is necessary to pay all taxes and fees on the enterprise so that the permit can be extended;
- Within 90 days from the receipt of the permit, it is necessary to provide the contract number to the local employment center;
- From the moment of registration of LLC it is necessary to provide information about the hired worker immediately after registration, usually the director;
- To prolong the work permit with the residence permit, you must provide the original of the previous contract, but the cost of the services does not change;
- Step-by-step payment of services is possible — registration of the LLC, obtaining a work permit, residence permits;
- To obtain a residence permit you need to leave the territory of Ukraine (cross the border with different reason, visa D);
- The minimum monthly maintenance of the LLC costs approximately 5,000 UAH (taxes, fees, salaries, accountant, reports);
- For the execution of visa D for 5 working days, the client pays a fee for the services of the embassy, in case of refusal to issue a visa — the fee is not refundable;
- The consular fee is paid at all times: both standard and accelerated. For expedited consideration fee is paid in double size.
How to obtain a residence permit in Ukraine based on business
Citizens of other states and stateless persons can obtain residence permits in Ukraine on the basis of employment, or the opening of business. In order to legally get a job, a foreigner must obtain permission from the Employment Center.
Grounds for hiring a foreigner
Foreigners in Ukraine can work:
- as an employee — is listed in the state of the enterprise, to conclude a contract of civil law character, to provide services under the foreign economic contract;
- to act as an employer yourself — to be the founder of enterprise, to register as an entrepreneur.
Rules for recruiting foreigners
Rules for employment of foreign citizens:
- The employer has the right to admit an alien to the staff, regardless of whether there are any applicants for this vacancy from among the Ukrainians. The condition for the competitive selection was canceled in 2017.
There are restrictions on minimum wages for foreign citizens:
- 5 minimum wages approved for Ukraine — for educational institutions, public, charitable organizations;
- 10 minimum wages for employees;
- These restrictions are not applied to special categories of foreigners (highly qualified specialists, IT industry employees, university graduates from the TOP-100 world rating, founders of legal entities);
- A work permit is issued to an employer, not to foreigner. In the document, there is a link to the position and the enterprise. If a non-resident changes his place of work, retraining, rises up the career ladder, he needs to get a new permit, indicating the current position and organization, and the old one — to hand over to the employment center;
- A foreigner can work simultaneously in several places, taking part in a joint job;
- The scope of employment and the diploma of a foreign specialist are not reconciled. An exception is information technology specialists;
- A work permit is valid for one year. In rare cases, for some categories the permit is valid until the end of the employment contract. The founders receive admission for 3 years;
- Within 90 days from the receipt of the work permit, the employer must sign a labor agreement with the candidate and provide a copy to the local employment center within 10 days.
Common reasons for denial of employment
The main reasons for the refusal to employ foreign citizens can be:
- Indication of false information by the employer in the application for processing the work permit for the foreigner;
- inadequate working conditions — non-compliance with the requirements for employment contract with foreigner, regulated by law;
- inconsistency of the future position with certain criteria — for example, foreigners can not hold some positions in state structures;
- the presence of offenses by the foreigner — violation of migration legislation, stay on the territory of the country without legal grounds, receiving visa refusal, less than 12 months ago.
At the end of 2017, the migration rules were changed in Ukraine. The procedure of registration for employment of foreign citizens has become more complicated. Ask for expert advice to experienced lawyers who will prompt a sequence of actions when applying for a residence permit through business.
Our long-term experience in this field of services guarantees a positive result in obtaining a residence permit.