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Analytics Corporate law November 14, 2017 4 min read

Employment of foreigners in Ukraine: procedure

Author
Your Lawyer

The issue of employment of foreigners in Ukraine was first regulated at the level of law, not the Cabinet of Ministers. The last 10 years of obtaining a permit were accompanied by regulatory acts, the procedure itself was complicated and had many requirements. With changes in the legislation, it is now easier for foreign guests to get a job. However, for this it is necessary to obtain a permit. Who issues it, the documents for registration and how the changes have facilitated the procedure - further in the article.

How to get a work permit?

According to the law, Ukrainian employers have the right to hire foreign citizens. This can be done on the basis of an employment contract. In this case, permission from the state employment service is required.

The employer is responsible for preparing the documents to obtain the appropriate permit.

So, the amended list of documents:

  • a statement from the employer stating that the position of the foreign employee does not require access to state secrets;
  • copy of the pages of the foreigner's passport, translation into Ukrainian;
  • color photo 3,5 x 4,5 cm.

Additionally served (depending on categories):

  • for all categories, it is necessary to submit a copy of the draft employment contract with the foreign employee;
  • at the employment center, they independently receive information about the formation of the authorized capital of the company at the time of submitting the relevant application. This applies to employed founders/participants or controllers of a legal entity;
  • for university graduates - a copy of the higher education diploma. A legalized translation into Ukrainian is required;
  • for creative professions, these are copies of documents certifying copyright or related rights;
  • for foreign IT professionals - data on the registered type of activity is received by the relevant authority;
  • employees on a business trip - a copy of the contract between Ukrainian and foreign entities containing certain types of services and volume;
  • for intra-corporate transferees, a decision of a foreign business entity on the transfer of its employee to work in Ukraine is required. At the same time, a copy of the contract is required (concluded between a foreigner and a foreign business entity, the term is indicated);
  • if a foreigner is recognized as a refugee and needs additional protection - a copy of the decision on the registration of documents on recognition as a refugee, a certificate of application for protection.

Simplified system, innovations

  1. The list of documents for obtaining a permit has been shortened. A certificate of no criminal record or education document is no longer required. Additional documents are required for certain categories, but in general the procedure consists of 4: an application from the employer, pages of the foreigner's passport (copies), a photo, and a copy of the draft employment contract.
  2. You can do without a permit if you invest 100 thousand euros in the state. Previously, the law forced a foreign investor who wanted to regularly come to Ukraine to monitor the work of the enterprise to obtain a permit at his own enterprise. In the future, he had to obtain a temporary residence permit. Both documents were issued for 1 year. And these were additional costs and time. Now, if a foreign founder contributes at least 100 thousand euros to the authorized capital, he has the right to obtain a temporary residence permit for up to 2 years (there is no need for a work permit).
  3. A special category of foreigners with the right to a 3-year work permit. This category includes professionals with high incomes (at least 50 million rubles - 160 thousand UAH). It also includes founders, beneficiaries, graduates of prestigious universities, IT professionals.
  4. Reduced fee for the term and issuance of the permit. Then - 6,400 UAH, with changes - will depend on the duration of the permit (from 2 to 6 p. m.).
  5. Regulated work of a foreigner in various positions. A permit is required for each position. For highly paid professionals - not required if the term coincides between the employment contract and the permit.
  6. Minimum wage. For many (except for a special category), the amount will be 10 thousand rubles (currently - 32 thousand UAH).

So, such new changes for Ukrainian employers mean an easier opportunity to register foreign workers for their company. For foreign investors, it means a longer stay in Ukraine.

You can get information about counseling on the website Work Permit in Ukraine.