Obtain a residence permit for foreign workers: legal requirements
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In October 2023, regulations will come into force, granting foreign nationals residing in Ukraine on a temporary basis the opportunity to obtain documents for permanent residency.
In this article, we will delve into the practicality of foreign workers in Ukraine obtaining permanent residency and the conditions under which this privilege will be extended.
How a Foreigner Can Secure Employment in Ukraine
For a foreigner to work legally in Ukraine, a company must submit the necessary paperwork to the Employment Center. This paperwork includes a draft employment contract or agreement and is required to obtain a special permit allowing the employment of a specific foreign specialist for a particular position. The only exceptions to this rule are cases explicitly outlined in the Law, such as gig contracts, accredited representatives of foreign media, athletes, employees of foreign embassies, and others.
Only after obtaining these required permits can the company establish an employment relationship with a foreign worker and obtain documents for their legalization in Ukraine, namely a temporary residence permit for employment purposes.
Conditions for Obtaining Permanent Residency through Employment
The main requirement is to acquire a temporary residence permit based on employment and officially register your place of residence in Ukraine. Following this, you must reside in Ukraine for a period of five years under this document. Since temporary residence permits based on employment are usually granted for 2-3 years, you will need to extend it at least once or twice as necessary.
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Another essential requirement that must be strictly followed is continuous residency in Ukraine based on a temporary residence permit (TRP) for the five years immediately preceding the immigration application.
Continuous residency entails:
- Single trips abroad lasting no more than 90 days.
- In cases where multiple trips abroad occur within a year, the cumulative number of days spent outside Ukraine should not exceed 180.
However, there are exceptions to these rules. Exceeding these time limits will not be regarded as a breach of continuous residency if the foreign national's trips abroad were due to:
- Official business trips of the foreign worker.
- Vacation leave.
- Educational pursuits abroad.
- Medical treatment as recommended by a healthcare institution.
Furthermore, if a foreigner changes their place of residence within Ukraine and subsequently registers at a different address, this will also not be considered a violation of continuous residencyм.
This particular requirement regarding continuous residence has posed a challenge for many of our clients. You see, since February 2022, numerous foreigners have left Ukraine for periods that significantly exceeded 90 days. However, the legislation does not consider such extended absences as valid reasons. Therefore, it's crucial to be aware that the clock for continuous residence starts ticking from the date of re-entry into Ukraine after such a break.
It's worth noting that certain aspects will not affect your eligibility for permanent residency through employment, including:
- The foreigner's job position.
- Income level (salary).
- Educational background, diplomas, and the like.
- Previous work experience.
- Employment with one or multiple employers.
You may also like: What to Do If the Grounds for Your Work Permit in Ukraine Have Changed?
Full Assistance and Legal Support for Foreigners in Ukraine
Our company's experts understand the critical importance of ensuring seamless document processing for immigration applications. We offer a comprehensive range of services covering all aspects of this process to maximize convenience and efficiency for our clients.
Our services include:
- Document translation, including passports, proof of residence, and certificates confirming a clean criminal record from the country of origin.
- Procuring documents that certify the absence of infectious diseases, alcoholism, drug addiction, and substance abuse.
- Handling documentation related to residence in Ukraine.
- Preparing documents to confirm the basis for residency, particularly through employment.
- Assisting with the verification of continuous residency. Frequently, clients who travel frequently and update passport details may need help recalling all their trips due to the absence of old border crossing stamps.
Please note! The migration service accepts documents with a validity period of no more than six months unless a different validity period is specified in the document itself. Therefore, it's crucial to gather the required documents promptly.
We are fully prepared to provide you with expert consultation and ensure you have all the necessary support to simplify the immigration process for you.
Check out the cost of Permanent Residency Permits in Ukraine here.
Information about the cost of Work Permits for foreigners in Ukraine can be found here.