How Can a Foreign Citizen Legally Work in Ukraine? Case Study
We were contacted by our Client, a foreign company that opened a subsidiary in Ukraine to conduct business and expand the market for its services. The area of our Client’s activity was quite specific and required highly specialized specialists that the Client wanted to invite to work in Ukraine, transferring them from the main office of the company to the established subsidiary company.
Thus, our Client was faced with the following questions:
How to speed up the whole process without getting confused about the organizational issues for the relocation of three foreign workers?
Will the conditions for obtaining a Work Permit differ for specialists and a top manager (director), whom the Client also wanted to invite from abroad?
Is there a possibility to obtain a Temporary Residence Permit for the director together with the Work Permit, because he had to stay in Ukraine for a long time and be able to enter and leave Ukraine a certain number of times?
The solution to the Client’s problem was the correct organization of the process of obtaining Work Permits for employees. Below we will describe the procedure in our company.
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Moving foreign workers to work in a company in Ukraine
In a nutshell the procedure of obtaining a work permit for a foreigner in Ukraine is as follows:
Preparation of documents for the Work Permit. At this stage, it is necessary not only to receive documents from the worker (passport and photos, and translate the passport), but also to prepare a draft employment agreement with the worker;
Submission of documents to the Employment Center. Review of documents usually takes about 7 business days. If the Employment Center finds a mistake - you will have to start all over again, so you need to take care of the correct execution of the whole package of documents;
Completion of the process of obtaining a Work Permit. The issuance of the Work Permit by the Employment Center does not mean that the process is over. Within 90 days the employer must conclude an employment agreement with the worker (if the worker has entered Ukraine) and submit a copy of it to the Employment Center within 10 days of the conclusion. Otherwise the Work Permit can be cancelled.
Considering that services to non-residents, including obtaining a Work Permit is one of the main lines of our company’s work, it does not matter for us the number of employees for whom we need to obtain a Permit. We have been working with some of our Clients for many years, helping to solve personnel issues.
As for the difference in obtaining a Work Permit for a specialist or a top manager, the algorithm of obtaining a Permit for them is the same. The only difference is in the requirements for the minimum wage set for such positions. After analyzing the Client’s situation, we suggested the best option to execute all the documents in its situation.
As a result we took over the employment of three foreign workers on a turnkey basis, and also provided instructions about the actions that would help avoid the revocation of the Work Permit in Ukraine. In addition, we assisted in obtaining a Work Permit and a Temporary Residence Permit for a foreign director of a subsidiary in Kyiv. Read more about the procedure for obtaining a Temporary Residence Permit through a Work Permit here.
Please note! If it is found that a foreign person is working without a Work Permit, the employer faces a fine of 20 minimum wages. Also in case the employer signs the employment agreement and afterwards submits it to the Employment Center with the employee that never arrived in Ukraine he will be subject to penalties. We will help you to avoid such situations.
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Legal services for obtaining Work Permits for foreign workers in Ukraine
Our company offers you the following services:
Legal advice on the process of obtaining a Work Permit for foreign workers even in large numbers or on a contractual basis;
Analysis and further development of the package of documents to be submitted to the Employment Center in Ukraine;
Drafting of the employment agreement with the worker, if required;
Organization of the entire process, including translation of passports and notarization of translations;
Legal support of the application process at the Employment Center of Ukraine.
In addition, if you are planning the process of complete relocation of workers, we can offer you legal assistance for obtaining a Temporary Residence Permit for foreign workers in Ukraine.
The cost of legal services for obtaining a Work Permit in Ukraine depends on the exact scope of services you need, how many workers you want to employ, as well as the specifics of their profession (top management, IT-specialists, etc.). You can find out the price of a Work Permit for foreign workers here, or by phone from our specialists.
We help not only to get a Work Permit or a Temporary Residence Permit in Ukraine – we help to solve any problems that foreign businesses may face in Ukraine.
Do you want to hire foreign employees? Don’t hesitate to contact us! We will obtain a Work Permit for your employees quickly and easily.
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