Registration Ukraine work permit for foreign employee

– consulting (assessment of opportunities, check of documents, recommendations and guidance)
– documents for employer and foreign employee
– assistance on application to the Embassy (getting of Ukraine work visa type D based on work invitation letter package)
– assistance on application to the Employment Center (labor contract)
– assistance on application to the State Migration Service (obtaining of temporary residence permit)

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Essential and Background Information

Employers have the right to employ foreigners and stateless persons on the territory of Ukraine on the basis of permission issued by the territorial authorities of the central executive authority, which implements the state policy in the field of employment and labor migration.

The work of foreigners and stateless persons may be applied at different positions in one or more (two or more) employers, subject to obtaining permit for the employment of foreigners and stateless persons (hereinafter referred to as permit) for each post.

The work of foreign high paying professionals can be applied without permission to posts in a concurrent form, if the period of validity of the employment contract in the position of a part-time does not exceed the period of validity of the permit for the main place of work.

A foreign hired employee may combine work in a position specified by the permit with the work of temporarily absent employee, provided that the combination lasts no more than 60 calendar days during the calendar year.

Foreigners and stateless persons have the right to conduct investment, foreign economic and other activities in Ukraine in accordance with the legislation.

Foreigners and stateless persons can not be appointed or engaged in employment if, in accordance with the law of appointment to the corresponding position or the conduct of the relevant activity, it is related to the citizenship of Ukraine, unless otherwise provided by international agreements of Ukraine, consent for which the Verkhovna Rada of Ukraine obliged.

Without the permission employment possible for:

– foreigners permanently residing in Ukraine;

– foreigners who have acquired refugee status in accordance with the legislation of Ukraine or have received permit for immigration to Ukraine;

– foreigners who are recognized as persons in need of additional protection or who have been granted temporary protection in Ukraine;

– representatives of the foreign marine (river) fleet and airlines operating such companies on the territory of Ukraine;

– workers of foreign mass media accredited for work in Ukraine;

– athletes who have acquired professional status, artists and art workers to work in Ukraine on specialty;

– workers of emergency rescue services for urgent work;

– workers of foreign representations registered in the territory of Ukraine in accordance with the procedure established by law;

– clerics who are foreigners and are temporarily in Ukraine at the invitation of religious organizations for the performance of canonical activity only in such organizations, with the official approval of the body that has registered the statute (regulations) of the religious organization concerned;

– foreigners who arrived in Ukraine to participate in the implementation of international technical assistance projects;

– foreigners who have arrived in Ukraine for conducting teaching and / or scientific activities at higher educational institutions at their invitation;

– other foreigners in cases stipulated by the laws and international agreements of Ukraine, the consent of which is binding on the Verkhovna Rada of Ukraine.

The attraction of highly skilled foreign specialists and workers, the need for which is tangible for the national economy, is carried out on the grounds determined by the Law of Ukraine “On Immigration”.

Grounds for obtaining a permit for the employment of foreigners and stateless persons

The employer also receives permission for such categories of persons, unless otherwise provided by international treaties of Ukraine, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine:

– seconded foreign workers;

– intracorporate cessions;

– foreigners and stateless persons in respect of whom a decision has been made to issue documents for resolving the issue of recognition as a refugee or a person who needs additional protection.

The special categories of foreigners and stateless persons who apply for employment in Ukraine are:

– foreign highly paid professionals;

– founders and / or participants, and / or beneficiaries (controllers) of a legal entity established in Ukraine;

– graduates of the universities included in the first hundred in the world rankings of universities in accordance with the list established by the Cabinet of Ministers of Ukraine;

– foreign workers of creative professions;

– foreign IT professionals.

An employer may obtain a permit, provided that the salary is paid at a rate not less than:

– five minimum wages (18615 UAH)- for foreign hired employees in public associations, charitable organizations and educational institutions as defined in the Law of Ukraine “On Education”;

– ten minimum wages (37230 UAH) – for all other categories of employees.

List of documents for obtaining work permit and its extension

For the purpose of obtaining work permit, the employer submits:

– a statement in the form, in which the employer confirms that the position on which the work of foreigner or stateless person will be applied, in accordance with the laws of Ukraine, is not related to the citizenship of Ukraine and does not require admission to state secrets;

– copies of the pages of the passport document of foreigner or stateless person with personal data, together with translation into Ukrainian, certified in accordance with the established procedure;

– a color photo of a foreigner or stateless person in the size of 3.5 x 4.5 centimeters;

– a copy of the draft labor contract with a foreigner or stateless person, certified by the employer.

For the employment of certain categories of foreigners and stateless persons, the employer shall additionally submit the following documents concerning:

– graduates of the universities included in the first hundred in the world rankings universities – a copy of the diploma of higher education of the corresponding university recognized in Ukraine in accordance with the established procedure;

– foreign workers of creative professions – notarized copies of documents identifying the object of copyright and / or related rights of the author and certify authorship (copyright);

– seconded foreign workers – a copy of the contract concluded between the Ukrainian and foreign business entities, which provides for the employment of foreigners and stateless persons, sent by a foreign employer to Ukraine to perform a certain amount of work (provision of services);

– intra-corporate placements – a decision of a foreign business entity to transfer a foreigner or stateless person to work in Ukraine, and a copy of a contract concluded between foreigner or stateless person and foreign business entity, about the transfer to work in Ukraine with the definition of the term of employment in Ukraine;

– persons in respect of whom a decision has been made to issue documents for resolving the issue of recognition as a refugee or a person who needs additional protection; copies of the decision on the registration of documents for resolving the issue of recognition as a refugee or a person requiring additional protection; and a certificate of application for protection in Ukraine.

For the employment of founders and / or participants and / or beneficiaries (controllers) of a legal entity, a territorial body of a central executive authority, which implements state policy in the field of employment and labor migration, independently receives information about the completion of the formation of the authorized capital of the company at the time of application for issuance of permission.

For the employment of foreign IT professionals, the territorial body of the central executive authority, which implements the state policy in the field of employment and labor migration, independently receives information about the presence of an employer registered activity – computer programming.

To extend the permit, the employer shall submit the following documents:

– statement in the form specified by the Cabinet of Ministers of Ukraine;

– photograph of a foreigner or stateless person in the size of 3.5 x 4.5 centimeters;

– documents according to the list for obtaining permit, if they have changed.

Period of validity of the permit for the employment of foreigners in Ukraine

The permission is issued for the term:

– the employment contract, but not more than three years;

– the validity of the contract concluded between the Ukrainian and foreign business entities, but for not more than three years – for seconded foreign workers;

– during validility of decision of foreign business entity to transfer a foreigner or stateless person to work in Ukraine or during validility of contract concluded between foreigner or stateless person and foreign business entity, the transfer to employment in Ukraine – for intra-corporate cessions;

– the labor contract, but not more than one year, for all other foreign employees.

The work permit may be extended for an unlimited number of times.

The employer may indicate in the application for issuance of a permit a shorter period than the one established by Law.

What is the minimal salary in Ukraine in 2018?

On January 1, 2018, the Law of Ukraine “On the State Budget of Ukraine for 2018” came into force No. 2246-VIII of 07.12.2017.

In accordance with the aforementioned Law, from January 1, 2018, the minimum monthly wage is UAH 3723.

What are the public fees for issuing work permit for foreigners in Ukraine in 2018?

The fee for issuing or extending the permit is:

for permits issued for term from one to three years, or their validity is prolonged for such term, – six subsistence minimum for able-bodied persons, established by law on January 1 of the calendar year in which the employer submitted documents – 10572 UAH;

for permits issued for a term from six months to one year inclusive or their validity is prolonged for such period, – four subsistence minimum for able-bodied persons, established by law on January 1 of the calendar year in which the employer submitted the documents – 7038 UAH;

for permits issued for a term up to six months or their validity is prolonged for such a term, – two subsistence minimum for able-bodied persons, established by law on January 1 of the calendar year in which the employer submitted documents – 3524 UAH.

The employer pays a fee within 10 working days from the date of receipt of the decision on the issuance or continuation of the permit, which is sent by the territorial body of the central executive authority, which implements the state policy in the field of employment and labor migration, by post with a notice of service.

If the employer has not paid the fee within 10 working days from the date of the decision to grant or extend the permit, such decision shall be canceled.

The fee for the issuance or continuation of the permit is credited to the budget of the Fund of compulsory state social insurance of Ukraine in the event of unemployment.

The issuance and continuation of the work permit for persons for whom a decision is made to issue documents for resolving the issue of recognition as a refugee or a person requiring additional protection shall be made free of charge.

Processing time

The territorial body of the central executive authority, which implements the state policy in the field of employment and labor migration, shall take decisions within the following terms from the date of receipt of the corresponding application:

– seven working days – about the issuance of a permit;

– three working days – about the extension of the permit or about the amendment of it.

The application for extension of the permit shall be submitted by the employer no later than 20 calendar days before the expiration of such permit.