Denied a Work Permit: What to Do Next?

Obtaining a work permit is a mandatory requirement for legally employing a foreign worker in Ukraine. However, even when it seems that all the required documents have been collected and submitted, an employer may still receive a refusal.

Refusals are most often caused by errors in the documents, missed deadlines, or failure to comply with legal requirements, meaning issues that can be corrected. In this article, we will examine who makes decisions on issuing work permits to foreign nationals, what grounds for refusal are provided by law, how to determine whether such a decision is lawful, and what steps to take next.

Who Issues Work Permits for Foreign Nationals in Ukraine?

The decision to issue, extend, or amend a work permit for foreign nationals and stateless persons is made by the State Employment Service, which operates employment centers in every region of Ukraine.

The employer submits the application and required documents to the relevant employment center, including:

• draft employment agreement;
• receipt confirming payment of the permit fee;
• a Ukrainian translation of the foreign national’s passport, certified by a notary;
• a 3.5 × 4.5 cm photograph;
• power of attorney, if the documents are submitted by a representative.

After reviewing the documents, the authorized body decides whether to issue the work permit or refuse the application. In the event of a refusal, the employer must receive a written decision stating the specific grounds for refusal and the procedure for appealing the decision.

You might also like: How Companies Can Legally Hire a Foreigner: Step-by-Step Guide

The Most Common Reasons for Refusal to Issue a Work Permit to a Foreign National

Article 42-9 of the Law of Ukraine “On Employment of the Population” sets out an exhaustive list of grounds for refusal. In practice, employers most often face the following situations:

• deficiencies identified when the application was left without further processing have not been corrected, such as technical errors, including an incorrect date of birth or missing signatures on a copy of the employment contract;
• an incomplete set of documents has been submitted or the documents contain errors, for example, the passport translation is missing or the foreign national’s name is spelled differently in the passport translation and the draft employment contract;
• the draft employment contract does not meet the applicable requirements, for example, it does not specify the terms and conditions of employment or remuneration;
• the deadline for submitting documents to extend the work permit has been missed. The employer must submit the documents for extension no earlier than 50 and no later than 20 calendar days before the permit expires;
• the employer’s current information is not reflected in the Unified State Register, for example, the director has changed but the relevant changes have not yet been entered in the register;
• the employer is in the process of winding up its business;
• the required approval from the Security Service of Ukraine is missing for certain categories of foreign nationals. In particular, for foreign nationals who are citizens of countries classified by the competent Ukrainian authorities as countries with an increased migration risk, including 70 countries in Asia and Africa, such as Russia, Belarus, Afghanistan, Bangladesh, Nigeria, Ethiopia, and Pakistan, the Security Service of Ukraine may conduct an additional review to assess potential risks to national security, public order, and other legally protected interests of the state. If circumstances are identified that may indicate a potential threat to Ukraine’s national security, the Security Service of Ukraine may withhold its approval for the issuance of the work permit, which constitutes grounds for refusing to issue it.

In general, practice shows that a significant proportion of refusals are caused by technical errors in the documents or insufficient justification for the need to employ a foreign national.

How to Determine Whether a Work Permit Refusal Was Lawful

It is important to remember that an Employment Center may not refuse to issue a work permit on grounds that are not provided for by law. A refusal decision must state the specific ground for refusal, describe the circumstances that led to the decision, provide proper legal reasoning, and specify the procedure and time limits for appealing the decision.

If the decision lacks proper reasoning or relies on grounds that are not provided for by law, it may be successfully challenged. Before filing an appeal, it is advisable to conduct a legal review of all submitted documents and the refusal decision itself.

You might also like: Employing a Foreigner in Ukraine: Company Obligations and Rights

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Can Documents for a Work Permit for a Foreign National Be Resubmitted?

Yes. The law expressly allows an employer to reapply after correcting the issues that led to the refusal. For example, if the refusal was due to errors in the documents or missing documents, the application package can be resubmitted once the deficiencies have been corrected.

In most cases, resubmitting the documents is a faster and more cost-effective way to resolve the issue than pursuing a lengthy court appeal.

How to Appeal a Work Permit Refusal 

If an employer believes that a refusal to issue a work permit is unlawful or unjustified, they have the right to challenge the decision.

Administrative appeal

The Employment Center’s decision can first be challenged through the administrative procedure before the State Employment Service. The complaint should:

• specify the details of the decision being challenged;
• describe the circumstances of the case;
• explain why the employer considers the refusal unlawful;
• include documents supporting the employer’s position.

An administrative appeal may help correct errors made when the documents were reviewed without the need to go to court, avoiding the additional time and costs involved in court proceedings.

Judicial appeal

If the administrative complaint does not produce the desired result, or the decision following its review continues to violate the employer’s rights, the next step is to file a claim with an administrative court. Both the original refusal to issue the work permit and the decision made following the administrative appeal may be challenged in court.

The court reviews whether the authority acted within its powers, correctly applied the law, and had lawful grounds for refusing to issue the permit.

What Are the Deadlines for Appealing and Reapplying?

The law sets a specific time limit for administratively appealing a refusal to issue a work permit for a foreign national in Ukraine. A complaint against the Employment Center’s decision must be filed within 15 calendar days from the date the decision is published and the employer is notified electronically. If the administrative appeal does not produce a positive result, the employer may apply to an administrative court to further protect their rights.

As for resubmitting the documents, the law does not establish a specific deadline. The documents may be resubmitted after the reasons for the refusal to issue the work permit have been remedied. However, it is advisable not to delay, as this may affect the timeframe for legalizing the foreign national’s stay and employment in Ukraine.

How to Avoid Refusal When Resubmitting Documents?

To minimize the risk of another refusal, we recommend that employers hiring a foreign national:

• review all documents before submission;
• check that the employer’s information is up to date in state registers;
• make sure all documents have been translated and certified in accordance with legal requirements;
• comply with the established deadlines for submitting documents;
• engage a lawyer specializing in this area to review the document package.

Proper preparation of the documents is the simplest way to avoid having to reapply and incurring unnecessary costs.

Legal Services for Obtaining Work Permits

Our team provides full support throughout the procedure for obtaining work permits for foreign nationals in Ukraine, from preparing the documents to successfully obtaining the permit and securing a temporary residence permit.

We assess potential risks before the documents are submitted, help eliminate possible grounds for refusal, and represent our clients in administrative or judicial appeals. With practical experience working with employers and foreign nationals, we help clients complete the procedure efficiently and safely while minimizing risks.

If you have already received a refusal or want to avoid one, contact us.