How to re-issue a residence permit in Ukraine when changing jobs?

We have already described the initial procedure for obtaining the Temporary Residence Permit (hereinafter - the Residence Permit) in Ukraine for the purpose of employment. But what to do when the validity period of the Residence Permit is set to expire? What are the further steps? Can you extend your Residence Permit, if your employment agreement is also coming to an end?

We were contacted by the Client, who previously obtained a Residence Permit in Ukraine on the basis of a permit to work at a Ukrainian company. Upon the expiration of the agreement term, the validity period of his Work Permit, as well as the term of the Residence Permit, issued on the basis of the Work Permit, was set to expire.

However, the Client intended to stay in Ukraine and continue working here. He received another offer of cooperation, though not from a legal entity, but from a sole proprietor in Ukraine. This fact raised a number of questions:

• Can he get a Work Permit and a Residence Permit on its basis when working for a sole proprietor in Ukraine?

• How to conduct the whole procedure correctly?

• Does he need to leave Ukraine?

Our company provides services for obtaining a Work Permit and a Residence Permit, even in complex and confusing cases, including situations with no grounds for obtaining a Residence Permit at all. Therefore, we have taken on the task of the Client, and we will tell you whether it is possible to extend the Residence Permit in such a case using his example.

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The procedure for extending the Temporary Residence Permit in Ukraine on the basis of the Work Permit 

Consider two cases:

1. If you extend your employment agreement and Work Permit with the same employer;

2. If you change employers.

Extension of the Temporary Residence Permit requires the submission of the specified package of documents no later than 15 business days before its expiry date. But in this case, it is also worth bearing in mind that in addition to the Temporary Residence Permit, the Сlient must also apply for a new Work Permit, which also expires.

Consequently, the first step will be to extend the Work Permit. 

If it is a question of extending a Work Permit with the same employer, the following documents must be submitted to the Employment Center that issued the permit:

• Completed employer’s application for the Work Permit extension;

• Original of the previously issued Work Permit;

• Translation of the foreigner’s passport (to be submitted if the foreigner received a new passport).

This procedure takes about 5 business days.

After the extension of the Work Permit, you need to submit the documents for the extension of the Temporary Residence Permit. For this purpose, the applicant must submit the following documents:

• Original translation of the foreigner’s passport;

• Health insurance period for the period equal to the validity period of the Work Permit;

• Original Work Permit;

• Employer’s obligation;

• Original of the previously issued Temporary Residence Permit;

• Original residence registration;

• Information from the registry about the employer.

This extension procedure takes 15 business days.

Now let’s consider another situation when a foreigner quits one job and starts working for another company. In this case, it is necessary to know exactly when the employer is going to dismiss the foreigner and notify the Employment Center. Because the Work Permit will be canceled and the Temporary Residence Permit will be issued on this basis following the notification date. 

Knowing the date of dismissal, it will be possible to coordinate on the timing, and therefore to get the Work Permit from the new employer and apply for a Temporary Residence Permit. 

To obtain a Temporary Residence Permit in this situation, you will need to submit the following documents:

• an employer’s application;

• a copy of the employment agreement;

• a foreigner’s photo 3.5x4.5;

• translation of the foreigner’s passport (a foreign passport will be used for entering Ukraine).

For further obtaining of the Temporary Residence Permit you will need the following documents:

• Original and translation of the foreigner’s passport (translation must be certified by a notary);

• Original of the new Work Permit;

• Statement from the old employer about the employee’s dismissal o;

• Obligation from the new employer;

• Health insurance policy with a set period of validity;

• Information about the new employer.

Please note! The package of documents for a Temporary Residence Permit must be prepared and submitted no later than 15 business days prior to dismissal.

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Can you get a Temporary Residence Permit in Ukraine on the basis of employment with a sole proprietor? 

Let’s consider the situation with the employer. Who is easier to hire foreign employees: an LLC or a sole proprietor? 

Our answer is an LLC. Here is a list of reasons:

• A sole proprietor can only hire foreigners in the Hired Employee or Highly Salaried Professional category. This means that the salary of such an employee must be 10 minimum wages in the first option, and 50 minimum wages in the second. Whereas an LLC can hire an employee in each of the available categories, some of which allow you to pay a foreigner the minimum wage established in Ukraine.

• LLC does not pay taxes and does not have to submit reports if it does not conduct any economic activity.

• While working for an LLC with "Computer Programming" as its main KVED, a foreign IT specialist can apply for obtaining a Permanent Residence Permit in Ukraine.

Based on the above, we can note the following: if a Ukrainian sole proprietors is ready to hire a foreigner and pay him 10 or 50 minimum wages per month, then everything is very clear, and you can safely start the procedure for obtaining a Work Permit and a Temporary Residence Permit with the subsequent employment of a foreigner. 

In our Client’s case, unfortunately, the sole proprietor could not provide him with such conditions. And in this situation we offered the Client the best way to get a Temporary Residence Permit in Ukraine - to start an LLC and register the employee in the correct category. And we have helped him to implement this option on a turnkey basis.

Do you need legal assistance or answers to questions on obtaining a Temporary Residence Permit in Ukraine? Don’t hesitate to contact us! We will make the procedure simple and clear for you and take care of the smallest details.

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Everything about the procedure for obtaining a Temporary Residence Permit in Ukraine here.