Work permit

Registration of a work permit

We offer full support of the registration process

work permits for a foreigner in Ukraine

Work permit for foreign citizens

Employment permits in Ukraine are becoming an increasingly popular service every year. Traditionally, foreigners came to Ukraine either to see the country or to study at Ukrainian universities. Recently, the number of foreigners wishing to work in Ukraine, or to open their own business here, has dramatically increased. Most of the starting business is in trade, catering or service industries.

However, employment in Ukraine is a serious procedure both for the employer and for an employee – a foreigner. Possible violations of the procedure can have extremely serious consequences for both the employee and the employer.

With the organization of your own business, the situation is even more confusing, despite the liberalization of the process for foreign investors carried out in 2017, the process of obtaining a work permit for such categories is still quite confusing.

In such a situation, entrusting the registration of a work permit in Ukraine to our lawyer will be the best solution to the issue. We are guaranteed to carry out in the shortest possible time all the necessary actions to obtain a work permit for you in Ukraine and relieve you of the worries associated with communicating with government agencies.

Let’s see what common problems foreigners faced when applying for a work permit or when opening their own business in Ukraine.

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“… Our lawyers at any time conclude an agreement with you for the provision of legal assistance and fully accompany the entire process of obtaining a work permit in Ukraine. At the request of the client, after obtaining a work permit, we will be able to accompany the process of obtaining a temporary residence permit in Ukraine…”

Hennadii Laguta

Attorney, Managing Partner of the Attorneys at Law” Magisters “

What is a work permit in Ukraine

A work permit in Ukraine is an official document issued by a specially authorized body – the State Employment Service of Ukraine. Such a document has a limited period of validity, during which a foreigner can legally work in Ukraine.

The period of validity of a work permit, depending on the circumstances, can be issued for a period of six months to three years. The most common is a one-year permit.

You need to understand. that not all foreigners need to obtain a work permit in Ukraine. Some categories are free to legally find a job, without such permission:

– foreigners who have:

  – permanent residence permit

  – a certificate confirming the receipt of the status of a refugee, or of a person who has been granted temporary asylum in Ukraine

– employees of representative offices of foreign companies in Ukraine

foreigners – workers:

– aviation lines;

– merchant marine

– foreign media workers

– athletes

– rescuers – workers of emergency rescue services

– foreigners working in international technical assistance programs

– university teachers, artists and art workers

– clerics involved in religious programs

If you do not belong to the above categories, but want to work legally in Ukraine, then let’s figure out how to get a work permit:

In Ukraine, three categories of foreigners are legally identified who are employed

– Special category

  • IT specialists and representatives of creative professions
  • foreigners of unique professions with a salary of 50 or more times higher than the minimum wage in Ukraine
  • owners (founders or ultimate beneficiaries) of Ukrainian enterprises
  • graduates of TOP – 100 universities in the world

-Second category

  • foreigners in the stage of asylum seekers in Ukraine
  • employees of foreign enterprises who are temporarily in Ukraine in order to provide services to Ukrainian companies
  • employees of foreign companies posted to Ukraine

– other employees

This category includes all foreign workers who are not included in the previous two categories.;

Features of registration of a work permit in & nbsp; Ukraine

wage

Liberalization also touched upon the issue of minimum wages for foreign workers. For example, for the category of special workers, the amount of remuneration of a foreigner is generally not regulated and remains at the discretion of the employer. For foreign workers in the humanitarian sphere – educational institutions or charitable organizations, the minimum wage should be the amount of five minimum wages established in Ukraine. Employees of the second and other categories – ten minimum wages.

*the minimum wage in Ukraine from January 01, 2021 will be 6000 hryvnia, and from December 01, 2021 – 6500 hryvnia;

Thus, the minimum & nbsp; the salary possible for a foreign worker in Ukraine will be for the second and third categories – from 01.01.2021 60,000 hryvnia, from 01.12.2021 65,000 hryvnia.

validity period of a permit

The validity period of the permit for which it can be issued also depends on the category of the foreign worker. As a general rule, the permit is valid for up to 1 year. However, for the category of special workers, the permit period is up to three years. Also an exception is the internal employees of foreign companies transferred to work in Ukraine – for the entire duration of the contract.

 State fee for obtaining a work permit 

The amount of the state duty for obtaining a work permit is determined based on the period for which such a permit is issued. The size of the state duty is not fixed and is tied to the size of the subsistence minimum established for able-bodied persons.

So in the case of obtaining a work permit for a period

up to 6 months – the size of the state duty will be & nbsp; – 2 minimum

up to one year – 4 minimum;

up to three years – 6 minimums ;

* the living wage for able-bodied persons in 2021 will be:

from 01.01.2021 – 2270 hryvnia; from 01.07.2021 – 2379 hryvnia and from 01.12.2021 – 2481 hryvnia.

Registration of a foreign citizen for work

As we wrote above, currently the process of applying for a foreigner to work in Ukraine is significantly liberalized. This is expressed, first of all, in the fact that the requirement of preliminary search for the opened vacancy of a Ukrainian worker has been eliminated by law. Previously, before applying for a work permit for a foreigner, it was necessary to submit an application to the territorial employment center with an open vacancy. If there was no demand for this vacancy, two weeks later it was possible to apply for a permit with the need to justify the attraction of a foreign worker and confirm his qualifications.

This made it almost impossible to accept foreigners for positions that did not require qualifications. Admission to other positions required careful justification. It was necessary & nbsp; confirm the educational level of the applicant. which often caused problems. The main problems include the complexity of translation, legalization of documents, especially if it concerns third world countries. These requirements have now been removed.

However, there are several important points to note.:

It is necessary to ensure that in the case of submitting documents for a certain vacancy, this type of activity is present in the charter of the enterprise and, as a result, is presented in the unified register of legal entities.

In the event that the founder of the enterprise finds a job in his enterprise, it is necessary to check that the statutory fund of the enterprise is fully formed at the time of filing the application.

The employment center will check all these facts on its own and in case of non-compliance with the requirements, a refusal is possible.

Work permit for foreign citizens – required documents

The package of documents that must be submitted to obtain a work permit for a foreign citizen in Ukraine has also been significantly reduced. Left in the past & nbsp; diplomas and certificates from educational institutions confirming the education and qualifications of the applicant, certificates of no criminal record and medical certificates

Now the list of required documents looks like this:

 A copy of the foreigner’s passport document with a translation into Ukrainian with the signature of the translator, certified by a notary; Application for obtaining a work permit; Draft labor contract with an employee; Photo 3.5 * 4.5;

Requirements for the provision of additional documents remained for :

creative professionals

confirmation of copyright, certificates, etc.

posted employee

a contract with a company or a transfer contract for assignees

graduates of the top 100 higher education institutions

diploma legalized for use in Ukraine

Issuance of a work permit for a foreigner in Ukraine

 After preparing a complete package of documents for obtaining a work permit, they must be submitted to the regional employment center. The place of submission of documents is determined by the location (legal address) of the legal entity.

After acceptance and consideration within seven working days, the employment center informs the employer about the decision. The notification can be either by e-mail or by sending a regular certified letter to the applicant’s address. This letter must be received by mail, otherwise the employment center has questions about the reality of the location of the legal entity.

After approval of a positive decision, you can get your hands on a ready-made permit form. However, it must be borne in mind that within 10 days you are required to pay the state fee for issuing a permit, which you wrote about above. Failure to pay, or late payment will lead to the cancellation of the work permit with all the ensuing consequences.

It is also necessary to remember that within 90 days the employer is obliged to conclude a contract with the employee and transfer a copy of the concluded contract to the employment center. non-fulfillment or untimely fulfillment of this condition will also lead to the cancellation of the permit.

 Renewal of a work permit

The employer, if necessary and willing, can renew the work permit an unlimited number of times. The decision will be made within three working days, and payment must also be made within 10 working days. An application for an extension must be submitted no later than 20 days before the expiration of the permit.


Documentation:

  • Application;
  • Photo3.5 * 4.5;
  • other documents (if such were in the original package, for example, a diploma);


Immigration attorney for work permits

The main question that the employer faces if he wants to attract a foreign worker is whether the worker needs permission or not. This is due to the fact that often the questions of citizenship of a particular foreigner are not obvious. This is especially true for residents of the countries of the former post-Soviet space. Often, a foreigner having the right to Ukrainian citizenship does not even know about such facts.

Also, in parallel with these issues, there are issues of registration of a legal stay in Ukraine for a foreigner with a work permit. for example, a foreigner, having received a work permit, subsequently submitting documents to the migration service for issuing a certificate for temporary residence in Ukraine, is surprised to learn that the state recognizes him as a citizen of Ukraine, which will make it impossible to obtain a temporary permit. Naturally, this will cause a number of problems.

 Self-registration often leads to refusals to issue a work permit, which entails both a loss of time and nerves and financial losses.

FAQ – Answers to the most common questions

Может ли Физическое лицо – предприниматель официально принимать на работу иностранных граждан ?

Да. Действительно, с недавнего времени такая возможность для ФЛ – П появилась. Теперь предприниматели могут официально оформлять на работу иностранных граждан, наравне, например, с ООО.

Если у иностранца проживающего в Украине есть временный вид на жительство, может ли он быть официально трудоустроен ?

Нет. Не может. Постоянный вид на жительство дает такую возможность, временный – нет.

Может ли иностранец, имея разрешение на трудоустройство в компании совмещать две должности ?

Да. Сейчас такое возможно. Однако необходимо учитывать, что в таком случае необходимо получать отдельное разрешение на каждую должность.

Заказать разрешение на работу в Харькове можно обратившись в наш офис

61057, Ukraine, Kharkiv, Constitution Square 21, office 1

+38 (096) 796 71 05

lawmagisters@gmail.com