The law firm “Kasyanenko and Partners” provides a range of legal services for obtaining a work permit by foreign nationals (employment permit) in the territory of Ukraine.
Work permit for foreign nationals is a document, clearly regulated by the procedure of registration of foreigners and stateless persons work permit in Ukraine, approved by the Decree of the Cabinet of Ministers of Ukraine.
Employment permit is issued to a foreigner or a stateless person who intends to engage in employment in Ukraine, provided that the country (region) has no workers who are able to perform this kind of work, or there is adequate substantiation of the labor of foreign specialists, unless otherwise provided by international treaties of Ukraine. This permission document is designed for granting the right to foreign nationals to work legally in the territory of Ukraine for 1 calendar year.
IMPORTANT!!! Enterprises, institutions and organizations irrespective of their form of ownership and management and foreign business entities, which operate in Ukraine, may employ foreigners only if they have work permits, unless otherwise stipulated by international treaties of Ukraine.
Documents required obtaining a work permit for a foreigner in Ukraine:
- a document confirming payment for the consideration of the application;
- two color photos 3.5 x 4.5 cm;
- an application;
- a certificate of the employment center on the absence of the employer’s debt to the Fund;
- justification of the use labor of a foreign citizen and the possibility of creating conditions for them to stay and work;
- a certificate, sealed and signed by the employer stating that the workplace or position, where the labor of a foreigner in accordance with the law are not associated with belonging to the citizenship of Ukraine and do not require the provision of access to the state secret;
- a police clearance certificate of the internal affairs agency given to the foreigner who at the moment of issuance of the permit stays within the territory of Ukraine;
- a certificate of the authorized body of the country of origin (host country) stating that the foreigner who is at the moment of issuance of the permit stays outside Ukraine, serves a sentence for a crime or is under investigation;
- copies of documents on education or qualification of a foreigner;
- a notarized copy of the charter of a business entity;
- a certificate of the State Taxation Inspection on the payment by the employer of taxes and fees;
- a copy of the contract between foreign and Ukrainian business entities to perform certain volume of works or services (if such contract has been concluded);
- a resolution of a foreign business entity on the transfer of a foreigner to work in Ukraine (if the foreigner gets the job in the form of transfer)
- a copy of the draft labor agreement (contract) with a foreign citizen;
- a copy of the passport of a foreign citizen (all completed pages);
- a power of attorney;
- a statement or an extract from the USR.
The regional office within seven working days from the date of registration of documents takes a decision on granting, refusal to grant, extension or refusal to extend or revocation of the permit.
Cases of employment of foreigners that do not require a work permit:
- persons who have a permanent residence permit in Ukraine;
- persons with the official status of a refugee or those granted asylum;
- employees of a foreign fleet, as well as the staff of air-companies and media;
- employees of representative offices of foreign companies;
- professional athletes, artists, and arts workers;
- emergency response personnel;
- employees involved in the projects of international technical assistance;
- teachers to work in state universities.
IMPORTANT!!!! Foreigners and stateless persons who, in accordance with the law arrived in Ukraine for employment and have received a temporary residence permit are considered those, who are legally staying in the territory of Ukraine for the period of work in Ukraine. If you have established the employment relationships with a foreign national without a work permit in accordance with the law, in this case, according to the State Employment Center pursuant to part 4 Article 8 of the Law of Ukraine “On Employment” shall recover from the employer a fine in the amount of twentyfold minimum wage.
To extend a work permit, an employer has to submit to the appropriate town employment center the following documents:
- an application form.
- two photos 3,5*4,5.
- a certificate of no criminal record of the foreigner in the territory of Ukraine (in the event of their stay within the territory of Ukraine at the time of submission), or a certificate of no criminal record in the country of residence of the foreigner.
Our company provides the following services:
- consultation of the client on the procedure to obtain a work permit for a foreigner;
- getting a certificate from the tax office on the payment of taxes and fees (in case of the order);
- getting a certificate from the employment center (in case of the order);
- assistance in translation of the documents on education;
- assistance in preparation of an employment contract with a foreign citizen;
- formation of the necessary document package and submitting it to the employment center;
- representation of the client’s interests when considering the matter on commission;
- getting the permit or extension of an existing work permit.
Receipt Date: 2-3 weeks from the date of submission of documents and information, in the event of availability of all necessary documents.