How to get a residence permit for a foreigner who signed a gig contract in Ukraine?

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In Ukraine, the IT sphere is one of the most dynamic and strongest sides of Ukrainian business. Exactly for IT industry development, a special legal regime - Diia City - was launched in Ukraine. Within the framework of these changes, such concepts as gig contracts and gig specialists were legalized.

It's no secret that IT companies often hire foreigners, who then have the desire to stay and work in Ukraine.

In our article lawyers will tell about the common practice of concluding gig contracts with company employees and how a foreigner can get a residence permit in Ukraine.

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What is a gig contract and who can enter into one?

A gig contract is a civil law contract concluded between the project owner (resident of Diia City) and a natural person as the performer (gig specialist).

Features of the gig contract:

  • The project owner is obliged to provide appropriate conditions (create a workplace, provide technical means for use, etc.);
  • The parties shall notify of the termination of the contract 30 calendar days in advance unless otherwise specified in the contract;
  • The parties shall be notified about the termination of the contract within 30 calendar days, if not specified in the contract; 
  • It may establish irregular working hours;
  • The length of leave shall not be less than 17 working days;
  • It stipulates social leave (maternity leave), payment for the time spent on sick leave;
  • It may include clauses on non-competition and personal data protection.

Even though the gig contract regulates civil law relations, it also combines the norms of labor law. Therefore, a gig contract can be concluded between a resident of Diia City and a gig specialist.

Please note! Not only an IT specialist but also a lawyer, designer, marketing specialist, etc. can be a gig specialist.

Our lawyers have repeatedly helped young startups to prepare the right package of documents to register as residents of Diia City.

Many of our clients come to us again because there is a need to legalize foreign employees in Ukraine and after applying to the Employment Center for a work permit they get more questions than answers.

Our specialists take an individual approach to each case. More often we suggest not obtaining a work permit but concluding a gig contract with a foreign worker.

If it is decided to conclude a traditional employment agreement it is also necessary to get a work permit from the Employment Center. We help you to collect the necessary documents, and a visa D and Temporary Residence Permit based on the permit.

You may also like: How Does Diia City Work in Ukraine?

Gig contract as a basis for obtaining a Temporary Residence Permit in Ukraine

If it has been decided to conclude a gig contract with a foreigner, a work permit is not required. In this case, the basis for obtaining a visa D and a residence permit will be a gig contract.

However, it is important to properly draft it, including the content of the document, and some other points, which our experts can help you take into account.

Our lawyers prepare documents and assist in obtaining a foreigner visa D. Border Service, in connection with the introduction of martial law in Ukraine, may not let you enter Ukraine even if you have a visa. Therefore we prepare a separate package of documents for the presentation on the state border of Ukraine.

After the entry of the specialist, already in Ukraine, on the basis of gig contract, we help to prepare all documents and submit them to the migration service for obtaining a residence permit.

Our lawyers provide full support and ensure minimal involvement of the client in the collection and execution of documents.

Taking into account that the Diia City regime is rather new and legislation in this sphere is rather complicated, we provide all necessary clarifications and consultations and help the Client at each stage.

During the consultation we:

  • highlight the pros and cons of this approach;
  • draw attention to what should be necessarily specified in the gig contract to avoid unnecessary questions in obtaining a visa and certificate;
  • provide information on the process and cost of obtaining a residence permit for a foreign worker.

We also provide services for IT companies to register as a Diia City resident. Please see the service fee here.

The cost of obtaining a residency permit is here.

You can also order the service and check the cost of the service package below.

Publication date: 02/09/2022

About author

Name: Ryzhova Tatiana

Position: Lawyer

Education: INTERREGIONAL ACADEMY OF PERSONNEL MANAGEMENT KYIV

Knowledge of languages: Russian, Ukrainian

Email: [email protected]

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