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

Detailed description of the case of a Client, a foreign citizen, about getting a complex of services concerning legalization of stay in the territory of Ukraine and initiation of the own business.



Who is the Client?

  • he applied in August 2018;
  • a citizen of the USA (state of California) who has his own IT company in America where he is a co-founder;
  • an established Client, we had registered a representation office of the foreign company and a subsidiary enterprise of the foreign company as a limited liability company;
  • he had real estate in the Kyiv region (a residential house).

With what problem did the Client apply?

  • He had an intention to get a work permit for a position of director, but with the time (due to nuances of tax law of the USA) he decided to follow the way of creation of a representation office at which he was to get employed (to head it as the chief of representation office).
  • This organization had to perform exceptionally representative, marketing functions and to be his reason for residence permit, and the business was to be carried out through the LLC which we had registered already.
  • In the Law “About legal status of foreigners and persons without citizenship” and in the Resolution of the Cabinet of Ministers of Ukraine dated April 25 2018, No. 322 “About approving the standard, … temporary residence permit”, there is an individual reason for getting such a permit, and namely for foreigners or persons without citizenship, who arrived in Ukraine for working at representation offices of foreign business entities in Ukraine, registered according to the established procedure;
  • instead of work permission for a foreign worker of the representation office, a service card is registered which by itself does not allow living in Ukraine, but only working at a certain representation office in a certain position. It also serves as one of documents for getting a residence permit.

Difficulties which the Client could have faced if working on these matters independently:

  • waiting period may be up to three months (according to the law), but we got the required documents within the shortest time possible –2 months from the moment the Client applied to us;
  • when getting a residence permit, a mistake was made in the name spelling at the State Migration Service; at that moment it was a transition period from residence permits in form of booklets to ID biometric certificates, there was lack of booklets for replacement, therefore the matter was arranged through the head of the corresponding subdivision of the Migration Service who made a corresponding record with the seal and the correct name spelling.

Solution of situation:

  • Analysis of the law concerning the possibility of getting a residence permit by means of working at a representation office of a foreign company and a possibility of getting a residence permit through the local authority of the Migration Service in the Kyiv region, if the registered address of the representation office is in Kyiv;
  • registration of representation office and getting a service card at the Ministry of Economy;
  • consulting support before entry in Ukraine for getting a D type visa (assistance with filling in the visa application form etc);
  • development of full package of documents for submitting to the Migration Service, including organization of translations and certification of documents;
  • participation/presence of our lawyers at submission of documents for residence permit
  • quick interference and solving the problem of spelling mistake in the document on the part of the Migration Service;
  • the Client had a wish to arrange the residence registration independently, although this service is usually performed by our lawyers, too.

Value which the Client got while working with our company:

  • we legalized the stay in Ukraine for 1 year + we provided presence of the reason (registration of representation office) which will enable prolonging this legal stay unlimited number of times (every time for 1 year);
  • we minimized client’s communication with the government authority (language barrier + specifics of communication with excessively bureaucratized government entities) + long queues;
  • we let running business instead of personal communication with authorities/scrutiny of the Ukrainian legislation.

For whom can such services be useful:

for the heads (foreigners) and other workers of foreign representation offices (foreigners) at any of the following stages:

  1. registration of representation office;
  2. getting a service card;
  3. getting a residence permit.

The earlier, the more legally skillfully the work will be organized, which will simplify the process at the next stages – for those categories of foreigners at prolongation of their stay in Ukraine (prolongation of residence permit).

 

This case demonstrates that the lawyers’ work consists not in getting physically the permitting documents, but in giving confidence for our Clients that after their applying to our legal company they will be able to run their business in Ukraine on legal grounds. If you feel the need for support of your matters by professionals, please via forms of communication


Contact the author

ANY QUESTIONS LEFT?

Don't waste your time and entrust your legal matters to the team of professionals!

Learn about the price

Related materials

ASK LAWYER A QUESTION
SIDEBAR MENU
RELEVANT EXPERIENCE RELEVANT PUBLICATIONS