Working in Ukrainian company gives a foreigner citizen reliable grounds for getting a temporary residence permit in Ukraine. Residence permit allows to reside on the territory of Ukraine, grants multiple entries and simplified border crossing procedure during the validity of the initial work permit. Additionally, family members of the foreigner citizen are able to receive temporary residence permits as well.
Work permit is issued for up to one year corresponding to the term of respective employment agreement and for a specific position within one company only.
Termination of the employment agreement leads to termination of the work permit itself. Every time foreigner citizen changes his/her place of employment in Ukraine, new work permit should be obtained.
WAYS OF GETTING EMPLOYED BY UKRAINIAN COMPANY:
1Employment on the basis of a job offer and work agreement
The work permit application is filed by the Ukrainian company intending to hire a foreign citizen. The employer should be able to demonstrate that position can’t be covered by Ukrainian citizen due to qualification, professional level and experience of the foreign citizen. An employment agreement should be signed as a part of the work permit application procedure.
2Company registration with a foreign citizen as a main shareholder
Actually having a company registered in Ukraine doesn’t allow to get work permit/residence permit, but as a main shareholder foreign citizen has a privileged right to occupy position of the company director or a managing employee. On the basis of this right work permit is granted by the State Employment Center.
3Employment at the subsidiary company/representative office
Ukrainian subsidiary/representative office controlled by foreign companies or nationals, generally enjoys the same legal rights as legal entities without foreign participation. Such company, with minor limitations justified by national interests, may enter into agreements, assume legal obligations, acquire property, as well as use foreign labour on the territory of Ukraine.
Work permit application is reviewed by the specially created commission at the local employment centre. Commission includes representatives of the Ministry of Internal Affairs, State Intelligence Service, State Border Control Forces, State Tax Administration etc. Decision on the issuance of work permit is usually granted within 30 days from the date of the documents submission.
STEP-BY-STEP PROCEDURE ON OBTAINING RESIDENCE PERMIT BY EMPLOYMENT:
Labour authorities run a search on the Ukrainian labour market to verify that:
- there is an absence in Ukraine or a specific region of qualified individuals capable of performing the relevant type of work
- there is sufficient reasons, explaining/documenting the practicality of hiring a foreign citizen, unless otherwise provided by an international agreement to which Ukraine is a signatory
Employer should submit a work permit request to the local Employment Center according to the place of company registration. The issued permit authorizes a specific foreign national to work for a specific company and it includes details about the hiring entity as well as about nationality and job position.
Employment must be based on a contract between employee and employer and guarantee a salary which is the basis for tax regulations.
After the work permit is issued, the foreigner must visit Ukrainian consulate outside of Ukraine in order to apply for a visa. A single entry (D-type) visa is issued on the basis of the work permit. A visa alone does not give a right to stay in the country, it only gives a right for entry and for applying for a residence permit.
Standard documents required: passport, photos, application form, health insurance, notarized copy of the work permit
TTemporary residence permit must be arranged upon arrival. Residence permit gives the right to a foreigner to reside on the territory of Ukraine and allows multiple travels out of the country during the validity of foreigner’s work permit.
Issuing authority: State Migration Service
Permit validity: For the period of the work permit
Within 10 days after application for the temporary residence permit is satisfied, foreign national has to formally register his/her place of residence in Ukraine at the local migration service (get registration stamp to the residence permit).
Documents required: real estate purchase contract, real estate lease contract
Extension procedure should be started three months before work permit expiration, but not later than 1 month before the day of expiry. A properly issued work permit is a ground to register employee’s place of temporary residence and to obtain a temporary residence permit.
If you don’t have any obvious reason for work permit – our specialist will advise you on the possible variants
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Years of practice in the area of legalization of non-residents guarantees competent advice and quality representation of your interests on the territory of Ukraine.