Work Permits for Foreigners: How to Organize the Inflow of Foreign Workers for your Business in Ukraine?
In 90% of cases, the employer obtains a work permit for a foreigner in Ukraine. There are several reasons for this:
The application for a work permit in Ukraine shall be submitted on behalf of the employer;
It is in the interests of the employer to legally employ the required specialist in Ukraine.
However, since we are talking about a permit document, which directly affects the rights of a person (foreigner), the law provides for a multi-step procedure, failure to comply with it will lead to the rejection of a work permit in Ukraine or to its cancellation after it has been issued.
If the question of obtaining a work permit arises for you periodically, for example, if you have a business in the IT-sector, are a subsidiary of a foreign company, invite workers for seasonal work, etc. - you will face a number of standard questions for such a situation:
How to avoid mistakes in the process and ensure that you get a Work Permit for your foreign worker in Ukraine?
How fast can I get a Work Permit for a foreign worker in Ukraine?
Do the conditions for issuing Work Permits in Ukraine differ for different categories of workers?
Are there any restrictions on getting a Work Permit in Ukraine?
Is it possible to stamp out obtaining Work Permits in Ukraine on the assembly line for your business with minimum time and effort?
We offer you a simple solution - the services of migration lawyers with more than 14 years of experience.
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Important aspects of the procedure for obtaining a Work Permit for a foreigner in Ukraine
Since we have already written in detail about the procedure of obtaining a Work Permit in Ukraine here and on our services page, today we will highlight only the main aspects of the procedure that must be taken into account by any employer who plans to work with foreign workers.
Who can hire foreign workers in Ukraine?
Foreign workers in Ukraine can be employed by both legal entities and sole proprietors.
Who issues Work Permits in Ukraine?
In Ukraine in order to obtain a Work Permit for a foreigner, one must apply to the Employment Center.
The period for obtaining a Work Permit may vary, as it primarily depends on the time you spend for preparation and collection of documents.
However, there is a fixed timeframe for consideration of the application by the Employment Center - 7 business days (this period may vary in quarantine conditions).
Who does not need a Work Permit in Ukraine?
There are a number of persons who do not need a work permit to work in Ukraine:
Those foreigners who have already obtained a Permanent Residence Permit in Ukraine;
Foreigners who have refugee status in Ukraine;
Employees of foreign airlines, sailors, mass media, etc;
Employees of foreign representative offices;
Professional artists, athletes, art workers;
Ukrainians who live abroad;
What is the validity period of the Work Permit in Ukraine?
The validity period of the Work Permit in Ukraine primarily depends on the agreements between the employee and the employer, recorded in the employment agreement.
However, the validity period of the Work Permit may be from 6 to 36 months, depending on the grounds and category of the employee. At an introductory consultation we will analyze the possible terms that are optimal for your situation and recommend the best option.
Are there unified requirements for all workers?
Foreign workers applying for a Work Permit in Ukraine can be conditionally divided into three categories:
The first (special) category - this category includes, for example, much-wanted foreign workers, top managers, IT specialists, foreign workers in creative professions. These workers have their own minimum wages, and can get a Work Permit for up to 36 months;
The second category includes workers who come to Ukraine to work in foreign companies or representative offices, including on business trips, intra-corporate assignees, as well as refugees and stateless persons. For such category of workers the minimum wage is set at 10 minimum wages in Ukraine;
All other foreign workers – actually all other workers that are not included in the first two categories. The minimum wage for this category is set at 5 minimum wages in Ukraine. The same amount is set for employees of non-governmental and charitable organizations and educational institutions.
For some employers, the minimum wage of several tens of thousands of hryvnia may be somewhat discomforting, but this issue can also be resolved through, for example, opening a sole proprietorship for him/her in Ukraine. It all depends on your situation and scheme of work.
Can the Work Permit in Ukraine be cancelled?
Yes. Thus one of the most widespread reasons for cancellation of a Work Permit is the failure to sign or submit a draft employment agreement with a foreign worker on time to the Employment Center.
Remember! The employment agreement must be signed within 90 days following the date of the Work Permit, and a copy of the employment agreement must be submitted to the Employment Center within 10 days from the date of its signing.
There are other reasons for cancellation of a foreigner’s Work Permit in Ukraine:
Employer provided inaccurate information when applied for the Work Permit;
The working conditions differ from those prescribed in the employment agreement;
Employee illegally took a second job in Ukraine;
Decision was made to forcibly expel the foreigner from Ukraine;
Court verdict, under which a foreigner is convicted of committing a crime, comes into legal force.
If you encounter such a problem as the revocation of your Work Permit, please contact us - we will find a way to challenge such a decision of the state authority or help you get a new Work Permit for your employee.
How to extend a Work Permit in Ukraine?
If there is a reason (and there is an application from the employer), the Work Permit can be extended an unlimited number of times.
The procedure for extending a Work Permit is almost identical to the procedure of obtaining a Work Permit in Ukraine. However, the application for extension of the Work Permit must be submitted to the Employment Center no later than 20 days before the end of the validity period of the issued Work Permit.
Please note! In some cases it will be necessary to make changes to the Work Permit. For instance, if your company changed its name, if the foreigner’s passport or the original foreigner’s position was changed.
You must also submit an application to the Employment Center no later than 30 days following the date of changes.
If you still have questions - we are ready to provide all the answers at a personal consultation.
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Legal services for obtaining a Work Permit in Ukraine
If getting Work Permits for foreign workers is a question of successful business in Ukraine, our lawyers offer you the following services:
Consultation of a migration lawyer regarding the procedure of obtaining a Work Permit in Ukraine in your particular situation;
Development of a package of documents by a lawyer for submission to the Employment Center;
If necessary, development of a draft employment agreement with an employee;
Organization of translations, their notarization, and preparation of the package of documents;
Submission of the documents to the Employment Center by our lawyer and monitoring of their consideration by the state authority, lawyer’s response to any comments of the authority;
Legal advice on further algorithm of employer’s actions after obtaining a Work Permit for the employee to avoid its cancellation;
Extension of a Work Permit in Ukraine.
You can see the service price for obtaining a Work Permit in Ukraine here. We have prepared service packages for our Clients, focused on different sets of legal services that you may need. You can also contact our specialists for a personal package.
Do you intend to invite foreign workers to Ukraine? Don’t hesitate to contact us! We provide employers in Ukraine with various services for employing and relocating their foreign workers in a simple and safe way.
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