Work permit obtainment for foreigner in Kiev (Ukraine)
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What we offer
While providing services employment permit obtainment for a foreign citizen, our firm:
- drafts a set of documents for submission to the Employment Center (which is the authority in charge), including a draft of employmentcontract, a contract between a foreign employer and a Ukrainian business entity, etc .;
- organizes the translation of passports, drafts of agreements and contracts, other necessary for submitting documents in a foreign language;
- submits the set of documents to the Employment Center based on a power of attorney, supervises the documents examination, informs the client of a positive decision and obtains his/her work permit;
- gives legal advice on the available / possible grounds for obtaining the permit.
When necessary, our lawyers also can:
- assistin obtainment of insurance, which is provided together with the original/a notarial copy of the work permit at the embassy of Ukraine for a visa type D.
- pay official fee for a work permit for foreigners application;
- make a notarial copy of the permit for further use at the Ukrainian Embassy abroad.
Documents for obtaining an employment permit in Ukraine
Who issues work permits to foreigners in Ukraine?
The Employment Center issues work permits, but it's important to note that citizens of Russia and Belarus undergo additional security checks by the Security Service of Ukraine before the Employment Center can make a decision to issue a permit.
How long can a work permit be obtained for?
Work permits are usually issued for a period of 1 month to 3 years, although theoretically, a permit can be issued for just one working day, as there is no minimum duration required by law.
The duration of the permit is determined based on the length of time the employer plans to hire the foreign worker and the grounds for employment.
For example, if the basis is a labor contract or gig contract, the permit cannot exceed 2 years. If the foreign worker is on assignment, the permitted duration is up to 3 years. For individuals who come to Ukraine for study purposes and intend to work during that period, the maximum duration is 1 year.
What are the salary requirements for obtaining a work permit?
In 2022, changes were made to Ukrainian legislation regulating the employment of foreigners in Ukraine, which abolished the requirement for a minimum wage. As a result, the same requirements that apply to Ukrainian citizens now apply to foreigners. As of January 1, 2023, the minimum wage in Ukraine is 6,700 hryvnias per month and 40.46 hryvnias per hour.
As for foreign specialists employed under a gig contract, separate terms of payment apply. In these cases, it's best to consult with our lawyers, who can help calculate and properly formalize the payments.
Under what circumstances can a work permit be revoked?
There are several reasons why a work permit for a foreign worker in Ukraine may be revoked, including:
- Failure to timely submit a signed employment agreement to the Employment Center;
- Termination of the employment agreement.
- Submission of false data.
- Deportation of the foreigner from Ukraine.
- Use of the foreigner's labor on terms other than those stated in the agreement.
- Non-payment of the Single Social Contribution for the foreigner for a period of 2 months, etc.
What are the consequences for a company employing a foreigner without a work permit?
At a minimum, it carries a fine ranging from 1700 to 3400 UAH. For the foreigner, the fine ranges from 1700 to 5100 UAH. Of course, in case of repeated violations, the responsibility will be higher and more serious.
Service packages offers
- Preparation of documents for submission to for work permit
- Organization of translation of passports, draft contracts
- Submission of documents
- Preparation of details for payment for work permit
- Preparation of documents for submission for the Work permit
- Organization of translation of passports, draft contracts
- Submission of documents
- Preparation of requisites for payment for Work permit
- Preparation of documents for a visa
- Instructions for further actions
- Submission of documents to the registrar for registration of LLC in Ukraine for further receipt of work permit in Ukraine
- Obtaining an extract from the USR, registration of the seal of the LLC
- Preparation of documents for submission to the CNAP on the work permit
- Organization of translation of passports, draft agreements
- Submission of documents to the CNAP
- Preparation of details for payment for work permit
- Preparation of documents for a visa
- Instructions for obtaining a D visa
- Sending documents to a foreigner to obtain a D visa
The cost of a work permit for large groups of foreign employees (Ukraine business visa)
In addition to the services mentioned in the above packages, we also offer services for obtaining a Work Permit for large groups of foreign employees.
The cost of these services is negotiable and the package includes:
- Establishment of a company for the employment of employees
- Preparation of documents for submission to the Administrative Services Center for obtaining a work permit
- Translation of passports, draft agreements
- Submission of documents to the Administrative Services Center
- Preparation of details for payment for the Work Permit
- Payment of the official payment for the Work Permit
- Payment of medical insurance for 2 years of stay in Ukraine
- Instructions for obtaining a visa D
- Sending documents to a foreigner for obtaining a visa D
One of the key costs incurred by applicants for a work permit for foreign nationals is the official fee for issuing such a permit. Its amount depends on the period of the permit. The calculation is made using the subsistence minimum as of January 1 of the year in which the documents are submitted. In 2023, one subsistence minimum is UAH 2,684.
Thus, the state fee for a work permit for foreign citizens in Ukraine is:
- for a period of fewer than 6 months - 3 subsistence minimums (UAH 8,052);
- for a period of 6 months and up to one year - 5 subsistence minimums (UAH 13,420);
- for the period from one year to 2 years - 8 subsistence minimums (21,472 UAH);
- for the period from two years to 3 years - 10 subsistence minimums (UAH 26,840).
The fee for extending the permit shall be reduced by 1 subsistence minimum for issuing the permit for the corresponding period.
The permit is issued and extended at no additional cost fo the following persons:
1) persons whose documents for recognition as a refugee or a person in need of complementary protection have been accepted (or persons who appeal against the refusal),
2) foreigners who arrived in Ukraine to study at a university and intend to work in Ukraine during the period of study and after graduation;
3) persons who have applied for recognition as a stateless person and persons who appeal against the refusal to recognize them as stateless persons;
4) persons who participated in repulsing and deterring the armed aggression of the Russian Federation against Ukraine.
Important updates in the procedure and rules for issuing work permit in Ukraine in 2023
- For citizens of the Russian Federation and the Republic of Belarus, an additional check is carried out by the SBU;
- One employer can combine positions without a separate work permit for each of the positions;
- Gig-specialists, too, must now obtain a work permit;
- The period of permission for employment under an employment contract or gig contract is now up to 2 years;
- The permit fee has been increased for today: from 6 months to 1 year (inclusive) - UAH 13,429; from 1 year to 2 years (inclusive) - UAH 21,472;
- In case of refusal, funds can only be returned to the account of the LLC and only within 10 days;
- You can get a duplicate permit in case of loss of a work permit in Ukraine for an employee;
- Making changes to the work permit in Ukraine is possible within a month from the date of occurrence of the grounds;
- You can extend a work permit in Ukraine no earlier than 50 days and later than 20 calendar days after its expiration;
- Not later than 90 days from the date of receipt of the permit, it is necessary to conclude an employment contract and start paying ERUs, previously it was only about concluding a contract. At the same time, non-payment of ERUs within 2 months may serve as a basis for canceling a work permit for a foreigner in Ukraine.
Documents for obtaining a work permit for foreigners in Ukraine
Given that the work permit is obtained for a foreign citizen, but the applicant is a company (entrepreneur) - employer, the documents that need to be gathered for a permit can be divided into 2 categories:
1) A natural person:
- 1 color photo (3.5x4.5);
- Translation of the foreigner's passport document into Ukrainian (certified by a notary).
2) A legal person:
- power of attorney from a legal entity for the specialists of our company;
- the draft employment agreement (contract) or gig contract with a foreigner.
In addition, other documents are provided for certain categories of foreign employees:
- a copy of the foreign economic agreement (contract) between the Ukrainian and foreign business entities, and a copy of the document confirming the employment relationship of the foreign employee with the foreign employer who seconded him/her (for seconded foreign employees);
- a copy of the decision of a foreign business entity on the transfer of a foreigner or stateless person to work in Ukraine (for intra-corporate assignees);
- a copy of the order of the higher education institution of Ukraine on enrollment and establishment of periods of study for a foreign student, written consent of the university regarding the employment of a foreign student and the obligations of the institution, a copy of the temporary residence permit; a copy of the higher education document,
- other documents.
Employers, please note! The new application forms for obtaining and extending work permits for foreigners and stateless persons will be effective from January 12, 2022. In case of the wrong application form, the Employment Center has the right to suspend consideration of the documents and in case of failure to eliminate errors - to reject the permit.
The full list of documents for obtaining a work permit in Ukraine is as follows:
- application - prepared by our lawyers and submitted on behalf of the employer. The application shall specify that the work for which a foreign specialist is required is not related to state secrets, and also depends on the employee's citizenship of Ukraine;
- document confirming the identity of the foreigner - a notarized copy with a certified translation into Ukrainian. Our lawyers will arrange both translation and notarization;
- 3.5 x 4.5 cm color photo of the employee;
- the draft employment agreement (contract) or gig contract with the employee;
- receipt of payment of the state fee;
- power of attorney for a representative - our lawyers prepare a draft power of attorney,
- if necessary, other documents, drafts of which will be prepared by our lawyers.
We are ready to help you!Contact us by mail [email protected] or by filling out the form:
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What minimum salary can be set for obtaining a work permit for a foreigner in Ukraine?
Today, the law excludes the minimum wage for a foreign worker who is invited to work in Ukraine on the basis of a work permit, but adds a ground for cancellation of the permit in case of non-payment of the state fee within 2 months from the date of conclusion of the employment agreement with a foreign employee.
Important! There is a special category of foreign employees, for example, highly paid employees or IT specialists working under a gig contract, who have their own wage rates. Our lawyers will help you to determine whether the salary set by the employer for a particular employee is appropriate for obtaining a work permit in each specific case.
How to extend a Work Permit for a foreign citizen (foreigner) in Ukraine?
The procedure for obtaining a work permit is regulated by the Law of Ukraine "On Employment" of July 05, 2012.
Obtaining a work permit for foreign citizens with us is simple, safe, and effective.
To extend a work permit for a foreigner in Ukraine, the employer must submit an application to the Employment Center no earlier than 50 days and not later than 20 days before the end of the employee's permit. However, if the employee also needs to extend the temporary residence permit obtained in Ukraine on the basis of the permit, it must be done within at least 15 business days.
A work permit in Ukraine can be extended an unlimited number of times.
The application for an extension of a work permit for a foreigner in Ukraine is considered within 3 business days.
Our lawyers can help with the extension of work permits for your employees.
Can a foreign employee work in Ukraine on several projects at the same time?
Yes, provided that certain conditions are met:
An employee may be employed at different employers in different positions, provided that he/she has obtained a Work Permit for each position;
An employee may combine his/her work with the work at a position of temporary absent employee, provided that this combination does not exceeds 60 calendar days per year;
In case of a foreign high-wage employee, the period of the employment agreement for the part-time position must not exceed the period of the Work Permit obtained for the principal position.
Foreigners and stateless persons may be employed without a work permit in part-time positions with the same employer if the term of the employment agreement for the part-time position does not exceed the term of the permit for the main place of work.
Employment of foreign workers without a Work Permit
Who doesn’t need a Work Permit in Ukraine? Work Permit requirements do not apply to a number of foreign workers, which are specified in the Law of Ukraine “On Employment of Population”. For example:
Holders of permanent residence permits in Ukraine;
Personnel of maritime and air transport, if they serve ships in our country;
Foreign journalists and other employees of mass media accredited in Ukraine;
Employees of representative offices of foreign companies;
Ukrainians who have a Permanent Residence Permits in other countries;
Other categories of foreign citizens.
However, it’s worth remembering that in certain cases other laws and regulations thereunder may establish a document that replaces the Work Permit. Thus, the abovementioned employees of foreign representative offices must obtain service cards from the Ministry of Economy, which allows them to work.
Business trip of foreign companies’ employees to Ukraine
The current legislation provides for the need to obtain a work permit even in cases when a foreign employee comes to Ukraine on a business trip.
At the same time, a business trip should be understood as not just a business visit to Ukraine, but the performance of a specific amount of work on the basis of a Ukrainian business entity.
In this case, a work permit can be obtained for up to 3 years with the possibility of an extension. The key document for obtaining this permit will be the relevant agreement between the foreign employer and the Ukrainian business entity.
Answers to frequently asked questions
Usually, it is necessary. Current regulations stipulate for the obtaining of an employment permit for a foreign citizen even if he is employed by a foreign company but is seconded to perform a certain amount of work (provide services) in Ukraine.
According to the current legislation, work permits are issued for a period of up to 6 months, from 6 months to 1 year, and from 1 year to 2 or 3 years. The official payment for issuing a permit depends on the permit validity period.
No, you do not need them. The specified certificates were indeed necessary in the past, but the requirement for their submission is currently canceled.
No, you do not. As of today the requirement is only relevant for graduates of top-tier world universities, although it has been applied to almost all employees in the past.
Consultation with a lawyer for foreigners obtaining a Work Permit in Ukraine
Before ordering our services, if you want to gain a better understanding of the procedures and explore all available options for employing a foreigner in Ukraine, we recommend scheduling an introductory consultation with our lawyer. This will help you grasp the intricacies of obtaining a work permit, and our lawyer will:
- Analyze your situation and advise whether obtaining a work permit is the best option for you.
- Identify your goals and needs and suggest the best approach to achieving them.
- Offer clear and straightforward answers to any of your queries.
What should you know about work permits in Ukraine
One of the main issues that foreigners encounter after obtaining a work permit in Ukraine is the failure to provide a copy of their employment agreement to the relevant Employment Center. This is mandatory by law, and involves:
- Signing the agreement no later than 90 calendar days after receiving the work permit.
- Submitting a certified copy of the agreement to the Employment Center no later than 10 days after signing.
- The employer must pay the Unified Social Tax for the employee within two months of signing the agreement.
If you violate this regulation, your work permit may be revoked.
This does not bar you from obtaining a new one, but it requires considerable time and financial investment, as you'll have to start the entire process anew, including payment of an official fee to the state. Therefore, it is better to avoid any delays and submit the agreement on time. In most cases, the employer can only reapply for a work permit one year after cancellation.
Procedure for obtaining a work permit for foreigners (foreign citizens) in Ukraine
Once the client and the company finalize the details of the service fees and the timeline for their provision, the client signs a contract with the company and submits payment for the services. The client also submits the required documents, as outlined on the relevant page, as well as any other documents specific to their situation.
The company then develops the necessary documents and, once the client approves them, all the documents are signed by the client, including a power of attorney.
The company's lawyers then carry out the required steps to obtain the work permit, and the client pays the state fee for their application to be considered.
Upon review of the client's application by the Commission, we transfer the work permit to the foreigner.
Do foreign diplomas need to be apostilled to obtain a work permit?
A diploma is not required for obtaining a work permit, but if the position for which the foreigner is being hired requires specialized knowledge, which should be confirmed by a diploma in the relevant field, the diploma may need to be nostrified.
Is a diploma always required when obtaining a work permit for a foreigner in Ukraine?
The work permit application procedure does not require a diploma, so a diploma is not necessary for the work permit itself.
Can family members of a foreigner who has been granted a work permit in Ukraine also obtain the right to reside in Ukraine?
It's possible for family members of a foreigner to obtain a temporary residence permit (TRP) in Ukraine, but only if the foreigner has already obtained a TRP. The TRP can be issued to the spouse and minor children for the same duration as the foreigner's work permit, provided that he or she is employed in Ukraine.
Can a Ukrainian sole proprietorship apply for a work permit for a foreigner?
Yes, a sole proprietorship can act as an employer and apply for a work permit for a foreigner.
Renewal of a work permit in Ukraine
To renew a foreigner's work permit in Ukraine, the employer must submit an application to the employment center no earlier than 50 days and no later than 20 days before the employee's permit expires. However, if the employee needs to renew the temporary residence permit obtained in Ukraine based on the work permit, there must be at least 15 working days left before the permit expiration.
A work permit in Ukraine can be renewed an unlimited number of times.
The processing time for an application to renew a foreigner's work permit in Ukraine is 3 working days.
The fee for renewing a work permit is lower by one subsistence minimum than the fee for obtaining a work permit.
Making changes to a work permit in Ukraine
There are situations when changes need to be made to an already obtained work permit in Ukraine. For example, if the employer changes its name or the foreigner obtains a new passport or changes his or her surname. In any case, if there are changes to the initial data provided when obtaining the work permit, new information must be provided to the Employment Center.
If you need to make changes to your work permit, you must submit a statement and supporting documents within 30 days of the changes taking place.
There's no extra fee for these changes.
What about getting a duplicate work permit?
You can get a duplicate if you've lost or damaged your original permit. Just submit an application to the Employment Center. And if you're a foreigner with a temporary residence permit, there's no need to inform the migration service about the duplicate permit.
The duplicate is issued for free and takes about 7 business days to process.
Legal services for obtaining a work permit in Ukraine
We provide services to foreigners in various legal fields because we understand how complex any process involving government agencies in Ukraine can be.
We're not only here to provide the necessary services but also to offer emotional support and thoroughly explain the situation at hand.
Our primary goal is simplicity. We won't complicate the process or make it seem like solving the problem requires a lot of effort. Instead, we'll break down the issue into manageable steps, find the optimal solution, and explain everything clearly so that you understand what we're doing and why we're doing it.
If you need help obtaining a work permit for a foreigner, please don't hesitate to contact us!