Employment permit in Ukraine

Work permit for foreigners in Ukraine.

Ukraine is quite a popular country for immigration. Many foreigners come to our country from CIS countries, Asia and Africa. However, after moving to Ukraine, the issue of employment in our country becomes relevant for a citizen of another country. And here are the important features that every employer who plans to invite a foreign citizen should.

In order to get a job, a foreigner must obtain a work permit in Ukraine. This document is not easy to obtain. Making the necessary documents takes a long time. In addition, it is necessary to prepare special documents for the issuance of a work permit in Ukraine. To avoid mistakes, it is recommended to turn to professionals. On the Poshuk.info website you will find the best companies that apply for a work permit in Ukraine for Russians or citizens of other countries.

Who has the right to hire a foreigner?

Like the citizens of Ukraine, foreigners in our country can also work only officially. Therefore, employment is possible only in relation to entities that are officially registered. In Ukraine, there are no restrictions on who can hire foreigners. Thus, citizens of other countries can be accepted:

• legal entities;
• natural persons-entrepreneurs.

Opportunity for employment of foreigners in individual entrepreneurs has appeared relatively recently, but at the moment it is.

What categories of foreign workers are provided by law?

Before obtaining a work permit in Ukraine, it is necessary to know to which category of foreign workers a citizen of another country can be assigned. The current legislation defines 5 categories for such persons. These include:

• foreign workers employed for hired labor;
• foreign specialists who arrived in Ukraine on a business trip from a foreign branch;
• intra-corporate assignee. This term refers to a person who works for a company in the territory of a WTO member and who arrives in Ukraine to represent the interests of the employer;
• foreigners and stateless persons who have applied for refugee status or state protection;
• special categories.

The list of special categories of persons who can apply for a work permit for a foreigner in Ukraine includes 5 more subcategories. Such citizens include:

• qualified specialists who apply for high-paying jobs (the amount of salary is at least 50 minimum wages in Ukraine);
• persons who are members of the board of directors of legal entities or branches of foreign companies registered in Ukraine;
• graduates of higher educational institutions that are in the top 100 in the world rankings;
  foreign specialists who are representatives of creative professions;
• foreign specialists who are representatives of IT specialties.

All the above categories of persons can obtain a work permit for foreigners in Ukraine.

Is it possible to work part-time for foreigners?

Previously, foreigners could not obtain the necessary documents for work if part-time work was planned. However, according to the current legislation, the issuance of a work permit in Ukraine is possible for foreign citizens who will work part-time or part-time.

However, there is an important condition. If a person plans to combine positions with one or more employers, it is necessary to obtain a foreigner’s work permit in Ukraine for each of these positions. This requirement does not apply to persons who are recognized as qualified specialists. They can work part-time for the duration of the employment contract. At the same time, they do not need to obtain an additional employment permit in Ukraine.

Certain rules apply if a foreigner works part-time or part-time on a temporary basis. The current legislation allows not to obtain an additional work permit in Ukraine if the period of combination does not exceed 60 days.

Is it possible to transfer a foreign employee to another position?

Current legislation allows for the transfer of an employee to another position or a change of job title in the work permit. To do this, you need to contact the Employment Center and submit an application in the prescribed form. The statement should indicate that changes need to be made to the document, and indicate the nature of these changes. Changes should also be made in cases where the employee’s personal data has changed, the legal entity or department where the employee works has been reorganized.

The permit must be reissued no later than 1 month after the transfer of the employee to a new position or change of job title in the company.

What is the salary provided by law for foreign employees?

Another important issue is the amount of wages that can be claimed by persons who have issued an employment permit in Ukraine. The legislation also contains strict requirements in this regard. In particular, there are special requirements for foreign employees in the following cases:

• If a foreign worker obtains a work permit in Ukraine for employment in public or charitable institutions, the employer is obliged to guarantee him an income of at least 5 minimum wages per month.
• If a foreign person belongs to the category of foreign employees, in-house successors or persons awaiting a decision on their recognition as refugees, the employer is obliged to guarantee them an income of at least 10 minimum wages per month.

For representatives of special categories of foreigners or stateless persons, any requirements for the amount of wages do not apply. The employer can hire them even with a salary of 1 minimum wage.

Procedure for obtaining an employment permit in Ukraine.

In order to obtain a work permit for a foreigner in Ukraine, you must apply to the Employment Center. It is this body that is authorized to draw up such documents. Only the employer can apply for a permit. You need to submit a package of documents to the Employment Center and wait for a decision. Waiting times can be as follows:

• 7 working days, if the employer applies for a work permit;
• 3 working days if the employer applies for renewal of documents.

After the decision is made, the Employment Center is obliged to inform the employer about it. The letter must also contain details for the payment of state duty. The applicant is given 10 working days from the moment of receipt of the notification of the positive decision of the commission to pay the necessary payments. If the applicant does not transfer the required funds, the decision will be revoked. The work permit will take effect immediately after the funds are credited to the budget.

After the decision takes effect, the employer must enter into a contract with a foreign employee. To do this, he is given 3 months from the date of issuance of the permit. A copy of the contract must be submitted to the Employment Center. The employer has 10 working days to submit a copy of the document. If these requirements are not met, the decision of the commission will be revoked.

What documents are required to obtain a work permit in Ukraine?

Before obtaining a work permit in Ukraine, you need to prepare a package of documents. It differs depending on the category to which the applicant belongs. The following documents are common to all categories:

• Application in the prescribed form;
• Copies of all pages of the passport.
• Mandatory notarized translation into Ukrainian.
• Photo size 3.5×4.5;
• Notarized copy of the draft employment agreement, which will be concluded with a foreign citizen or stateless person.

It is also necessary to provide documents proving that a person belongs to one or another category in order to obtain a work permit in Ukraine. For this purpose you will need the following documents:

• graduates of the world’s leading universities – a diploma of higher education, which is included in the top 100 world rankings;
• specialists working in the creative spheres – copies of documents confirming copyright to any objects of creativity;
• employees who arrived on a business trip – a copy of the contract confirming the business trip of a foreign specialist or stateless person;
• intra-corporate assignees – a decision of a foreign company to transfer a specialist of the division in Ukraine, as well as a copy of the contract;
• persons applying for refugee status – copies of documents confirming the application for refugee status or state protection.

Such categories of applicants for employment permits in Ukraine, as founders / board members in companies or foreign IT specialists, do not need to submit additional documents.

Validity and amount of duty.

According to the current legislation, a foreigner may be issued a work permit in Ukraine for up to 3 years. This is the maximum duration. The employer may also apply to the Employment Center in order to extend the validity of the work permit in Ukraine for foreigners and stateless persons.

The amount of state duty for the document varies, depending on the validity of the permit. State duty may be as follows:

• from 1 year to 3 years – 6 subsistence minimums;
• from 6 months to 1 year – 4 subsistence minimums;
• up to 6 months – 2 subsistence minimums.

Renewal of an employment permit is subject to a state duty of a similar amount.

Employment permits issued to persons applying for refugee status or in need of state protection are not subject to state duty.

If you need to register a foreign employee in the company and get a work permit in Ukraine, Poshuk.info will help. With the help of the service you will be able to find the best law firms that provide employment services. The platform presents only proven organizations with a good reputation, so using Poshuk.info, you can be sure that you will find a reliable partner.