MainPublications of our law firmRepresentative experienceExperience in opening a business in Ukraine for a citizen of the United States of America

Experience in opening a business in Ukraine for a citizen of the United States of America

Who is the Client?
  • A business owner in the USA (California) who planned conducting business activities in Ukraine
  • He did not understand to a full degree the particularities of the migration law.
  • He needed assistance in organizing business in the territory of Ukraine.
  • He needed to stay in the territory of Ukraine during the long period to organize work of his company’s office.
How was the task formulated by the Client?
  • There was an intention to get a permit to work as a director but with the time (due to nuances of the tax law in the USA) he decided to follow the way of creating a representative office where he had to get employed (to head the representative office as a manager)
  • This organization had to perform exclusively representative, marketing functions and to serve as a ground for the residence permit, while the business was to be carried on through the limited liability company previously registered by us.
  • In the “Law on legal status of foreigners and stateless persons” and in the Resolution of the Cabinet of Ministers of Ukraine dated April 25, 2018 No. 322 “About approval of a sample, … of temporary residence permit”, in particular, there is a ground for getting such a permit, and namely for foreigners or persons without citizenship who arrived in Ukraine to work at representative offices of foreign business entities in Ukraine registered according to the established procedure;
  • instead of work permit, a work card is obtained for a foreign employee of the representation office which (the card) by itself does not allow living in Ukraine, but only working at a certain representative office in a certain position. It also serves as one of the documents for getting a residence permit;
Difficulties which the Client could have faced if working on these matters by himself:
  • the waiting period may be up to three months (according to the law), but we got the required documents within the shortest possible time – 2 months after the moment the Client applied;
  • when getting a residence permit, there was misspelling in the name made by the State Migration Service officers; at that time, there was a transition period from resident permits in form of a booklet to ID biometric residence permits, there were no sufficient amount booklets for replacement, therefore the matter was settled through the head of the corresponding subdivision of the migration service who made a corresponding record with a seal and with the correct spelling of the name.
Solving the situation:
  • Analysis of the law concerning the possibility of getting a residence permit through the work at a representative office of a foreign company and the possibility of getting a residence permit through the territorial authority of the Migration Service in the Kyiv region, if the legal address of the representation office is in Kyiv;
  • registration of representative office and getting a work card at the Ministry of Economy;
  • consulting support before entering Ukraine for getting a D type visa (assistance with filling in a visa application form etc.);
  • development of the complete package of documents for submitting to the Migration Service, including organization of documents translation and certifying;
  • our lawyers’ participation/presence during submission of documents for residence permit/ getting the residence permit;
  • quick interference and solving the problem of misspelling in the document made by the Migration Service officers;
  • the Client had a wish to register the residence independently, although this service is usually performed by our lawyers, too.

Value which the Client got while cooperating with our Company:

  • we legalized his stay in Ukraine for 1 year + ensured the availability of the ground (registration of representative office) which will allow him prolonging that legal stay unlimited number of times (once a year each time);
  • we minimized Client’s communication with the government authority (language barrier + specifics of communication with bureaucratized government agencies) + long queues;
  • helped to carry on business instead of wasting time on communication with authorities/research of the Ukrainian legislation.
For whom such services can be useful:
  • the heads (foreigners) and other officers of foreign representative offices (foreigners) at any of the following stages:
  1. registration of a representative office;
  2. getting a work card;
  3. getting a residence permit.

The earlier stage a client retains our services, the more legally competently the work can be organized, which will simplify the process at later stages

  • for those categories of foreigners who prolong their stay in Ukraine (prolongation of residence permit).

This case demonstrates that the lawyers’ work consists not only of getting the permit documents, but in giving confidence to our Clients that after applying to our legal company they will be able to carry on their business in Ukraine on legal basis. If you feel your business needs to be supported by professionals, contact us at 0 800 330 967 or via other communication means.

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