The process of obtaining a work permit for foreigners in Ukraine is a crucial step for foreign citizens seeking to work legally in the country. This issue is relevant for both employers and employees, as it pertains to compliance with labor and immigration legislation.
A work permit for foreigners in Ukraine helps create a transparent and safe environment in the labor market, enhances its competitiveness and reduces the risks of illegal employment. Foreign specialists often possess unique skills that contribute to the development of various sectors of the Ukrainian economy.
Legislative Framework
The regulation of foreign employment in Ukraine is based on several key laws and regulations:
- The Law of Ukraine on Employment defines the procedure for obtaining work permits and establishes quotas for the employment of foreigners.
- The Law of Ukraine on the Legal Status of Foreigners and Stateless Persons regulates the rights and obligations of foreign citizens.
- The Cabinet of Ministers of Ukraine Resolution No. 852 outlines the procedure for issuing permits for the employment of foreigners and the list of required documents.
These documents are regularly updated. It is important to stay informed about these changes, as they can significantly affect employment conditions. Experienced lawyers at UHY Prostir can assist with this.
Categories of Foreigners Requiring a Permit
Not all foreigners are required to obtain a work permit in Ukraine. Certain categories of citizens, particularly from EU countries and states, which Ukraine has special agreements with, may work without a permit. However, most of them must have the appropriate documentation. For example, employees of foreign representations must follow a different procedure to obtain the right to work in Ukraine; highly qualified specialists, students or those arriving for intra-company transfers may benefit from a streamlined process. The conditions for them differ, facilitating a quicker legalization process.
The main categories of foreigners requiring work permits in Ukraine include:
- Foreign specialists with a work contract from Ukrainian companies.
- Highly qualified specialists with verified qualifications.
- Students working during or after their studies.
- Foreign citizens who are part of intra-company transfers to Ukrainian offices of international companies.
Procedure for Foreigners to Obtain a Work Permit in Ukraine
Work permits for foreigners in Ukraine are typically issued for a period ranging from six months to three years, depending on the nature of the work and the contract. Employers need to complete several steps, including submitting a package of documents to the authorized territorial bodies of the State Employment Service.
Key Steps:
- Submission of the application from the initiating employer along with the required documents.
- Signing the employment agreement.
- Processing of the document issuance fee payment.
- Waiting for a decision, which usually takes 15 to 30 days (for stateless foreigners in the “Diia” app – up to seven days).
How much does a work permit cost for a foreigner in Ukraine?
The cost depends on the duration of the contract and the category of the worker. For instance, the cost for short-term contracts may be lower than for long-term ones. Meanwhile, the issuance for stateless individuals through “Diia” is free of charge.
Required Documents
To obtain a work permit for a foreigner in Ukraine, the following documents are necessary:
- A copy of the passport translated into Ukrainian.
- Authorization documents confirming qualifications (diplomas, certificates) if necessary.
- A permit application from the employer.
- A certificate of no criminal record (if required).
- A certificate from the consular service regarding visa status (if necessary).
- A photo (3.5×4.5 cm).
- A draft of an employment contract or a gig-contract.
It is essential that all documents comply with legal requirements. Errors or missing documents can lead to a refusal to issue a permit.
Common Errors When Applying for a Work Permit for Foreigners in Ukraine
Frequent errors during document submission include:
- Incorrect completion of the application.
- Non-compliance of submitted documents with legal requirements.
- Failure to meet submission deadlines.
To avoid these mistakes, it is crucial to consult with experts in immigration law and labor relations.
Rights and Responsibilities of Foreign Workers
Foreign workers in Ukraine have the same rights as Ukrainian citizens. These rights include social insurance, vacation, protection against workplace discrimination, etc. The main responsibilities of foreigners are to comply with the terms of the employment contract and Ukrainian legislation.
Extension and Cancellation of Permits
A work permit for foreigners in Ukraine can be extended if the employment relationship continues. To do this, the relevant documents must be submitted and the employment contract must be extended or a new contract concluded. The extension procedure is somewhat simpler than the initial permit issuance but still requires compliance with all legal requirements.
Cancellation of a permit may occur in cases of termination of employment relationships with the foreigner.
Practical Advice from Experts
Specialists at UHY-Prostir recommend preparing all documents in advance. They advise consulting with UHY-Prostir professionals for document preparation to avoid errors, as well as for information on changes in legislation. This will help avoid problems and expedite the process of obtaining a work permit for foreigners in Ukraine. Consulting with professional lawyers can also help avoid mistakes and unforeseen delays.
The employment of foreigners in Ukraine is significant for both employees and employers. Proper documentation ensures the legality of employment relationships and minimizes risks for both parties.
