Residence permit in Ukraine through work in a civil or charitable organization
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During the war in Ukraine, almost every day, a new public organization or charity is registered with the aim of providing assistance. As practice shows, most of them attract citizens of other countries to their activities.
Foreigners who plan to engage in volunteering or charitable organizations often plan to obtain a residence permit through volunteer work. Such an opportunity does exist, but it is not comfortable for everyone.
It is important to remember that there are other ways to obtain a residence permit in Ukraine and engage in volunteer or charitable activities. For example, one can obtain official employment in a public organization in Ukraine.
Even during the war, legislative and executive authorities are constantly making changes regarding the regulation of the basic residence and employment of foreigners in Ukraine, entry and exit procedures, and the issuance of documents for permanent or temporary residence.
Today, we will talk about the types of residence permits for those who plan to start working in a Ukrainian public organization or do not have other grounds for obtaining a residence permit in Ukraine but want to join the volunteer or charitable community.
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What are the steps and documents neede to obtain a visa and certificate through work in the NGO or charity?
If you plan to obtain a residence permit in Ukraine through employment in a public or charitable organization, or consider this option as comfortable for you, you need to go through the following stages:
- Obtain a work permit at the Employment Center (you will need an application, translations, draft employment agreement, etc.);
- Obtain a D visa at a consular office (you will need an application, documents on financial support, insurance, translations, and others);
- Obtain a residence permit at the Migration Service (you will need to submit documents, arrange insurance, prepare document translations, and more.
At each stage, the public organization or charity must confirm its readiness to employ a foreigner, guarantee financial support, and be aware of all the responsibilities that arise in case of violation of Ukraine's migration legislation.
Of course, employment is a more reliable basis for obtaining a residence permit in Ukraine, as volunteering does not involve earning a profit. Therefore, the host organization needs to take many measures to ensure the financial support of a foreign volunteer.
It is important to remember that foreign citizens are not allowed to work in Ukraine without permission, even if they reside on legal grounds.
What requirements must be met to avoid the cancellation of the work permit and residence permit in Ukraine?
When hiring a foreign worker, it is important not only to correctly prepare the documents, but also to comply with the rules of stay and residence of the foreigner in Ukraine. We have developed a number of additional recommendations for organizations that we provide legal consultations to, with the aim of preventing the refusal to issue or cancel documents for legal employment and residence of foreigners.
These requirements should also be taken into account by volunteers or foreigners planning to work in an organization, if they do not want to be left without a basis for a temporary residence permit in Ukraine.
Requirements that must be followed when employing foreign workers:
- Additional requirements have emerged over the past year for citizens of Russia and Belarus when obtaining or renewing a work permit and residence permit. In particular, additional checks have been introduced, including by the Security Service of Ukraine. Therefore, it is necessary to organize everything correctly, prepare for the inspection and possible interview.
- Obtaining a visa has become a mandatory requirement for citizens of Russia. Our specialists constantly monitor this issue.
- After submitting documents for a residence permit, the migration service units in Kyivv and the Kyiv region require the foreigner to be constantly present at their registered place of residence. Failure to be present at the time of inspection or leaving the country is a reason for refusing to issue a permit. Although this contradicts the current legislation, the position of the State Migration Service of Ukraine is to maintain such decisions on refusals.
- A new reason has been added for canceling a work permit: the employer's failure to pay social security contributions for the foreign employee within two months. Our lawyers and accountants have thoroughly studied this issue and have developed several action algorithms, including measures to minimize costs.
Our company's migration lawyers carefully monitor changes in order to inform our clients in a timely manner and prevent circumstances that may become a basis for refusing to issue or cancel permits.
Thanks to the professional accounting and legal support of our team, any risks will be minimized.
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What are the risks of canceling a work permit and what could be the consequences?
It is always better to work preventively rather than to deal with negative consequences. For example, one such moment could be a refusal to grant a foreigner a work permit for one year if the previous one was cancelled due to:
- submission of inaccurate data;
- forced return or expulsion of the foreigner from Ukraine;
- employment of the foreigner under conditions not specified in the permit or by another employer, except for part-time work;
- a guilty verdict by a court, if the foreigner is convicted of a crime;
- cancellation of the permit by the National Police, Security Service of Ukraine or another government agency;
- non-payment of the single social contribution by the employer.
Recently, there have been cases where foreigners intend to work in Ukraine or already work there, but companies suspend or cease their activities due to the war or other reasons. In this case, documents for employment and residence in Ukraine are subject to cancellation.
Of course, a residence permit can be obtained again, but a new basis for obtaining it will have to be found.
Our lawyers individually study each client's situation and select optimal options for further legal stay in Ukraine. For example, we help to properly prepare documents for:
- ancellation of the permit and residence in one company and obtaining documents for employment in another company or organization;
- organizing remote or distance work;
- obtaining a new work permit and residence permit, etc.
Today we offer assistance to foreigners who see their future in Ukraine during its restoration after the war. We offer reliable and simple options for obtaining a residence permit in Ukraine.
For those who wish to join volunteer activities in Ukraine, we offer a list of verified charitable organizations that have the legal right to attract foreign volunteers to their work.
For those who intend to work in Ukraine, we help to start their own business.
If you plan to obtain a residence permit in Ukraine, don’t hesitate to contact us!