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Publication date: 06.05.2024
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Obtaining permits for employment of foreigners and stateless persons: in questions and answers
What documents are submitted to obtain a permit to employ foreigners and stateless persons?
According to Article 422 of the Law of Ukraine dated July 5, 2012 No. 5067-VI "On Employment of the Population" (hereinafter - Law No. 5067), in order to obtain a permit to employ foreigners and stateless persons, the employer submits the following documents to the regional employment center:
1) an application in the form established by the Cabinet of Ministers of Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine dated January 24, 2023 No. 68 "On approval of the technical description, sample form, application forms for obtaining, making changes and extending the validity period of the permit to use the labor of foreigners and persons without citizenship in Ukraine" (further - Resolution No. 68), in which the employer confirms that the position in which the work of a foreigner or a stateless person will be used is, according to the law, not related to belonging to the citizenship of Ukraine and does not require admission to the state secrets;
2) copies of the pages of the passport document of a foreigner or a stateless person with personal data, together with a translation into Ukrainian, certified in accordance with the established procedure (except for foreigners and stateless persons, in respect of whom a decision was made to issue documents to resolve the issue of recognition as a refugee or a person in need of additional protection; foreigners and stateless persons who appeal the decision on the refusal to issue documents to resolve the issue of recognition as a refugee or person in need of additional protection; persons who have submitted an application to recognize them as a stateless person, and persons who appeal the decision on refusal to recognize a stateless person).3) a color photo card of a foreigner or stateless person measuring 3.5 x 4.5 centimeters;
4) a draft employment contract (contract) or gig contract with a foreigner or a stateless person, certified by the employer (except for seconded foreign workers);
5) a copy of the foreign economic agreement (contract) concluded between Ukrainian and foreign economic entities, which provides for the employment of foreigners and stateless persons sent by a foreign employer to Ukraine to perform a certain amount of work (providing services), and a copy of a document confirming existence of labor relations of a foreign worker with a foreign employer who seconded him (for seconded foreign workers);
6) a copy of the decision of a foreign business entity to transfer a foreigner or a stateless person to work in Ukraine with the determination of the term of his work and a copy of the employment contract (contract) concluded by a Ukrainian business entity with a foreigner or stateless person (for intra-corporate assignees);
7) a copy of the decision on processing documents to resolve the issue of recognition as a refugee or a person in need of additional protection, or a copy of a certificate of application for protection in Ukraine (for persons in respect of whom a decision was made to process documents to resolve the issue of recognition as a refugee or a person, who needs additional protection, and persons who appeal the decision on refusal to issue documents to resolve the issue of recognition as a refugee or a person in need of additional protection);
8) a copy of the certificate of the established model on applying for recognition as a stateless person (for persons who have submitted an application for recognition as a stateless person and persons who are appealing the decision to refuse recognition as a stateless person);
9) a copy of the order of the institution of higher education of Ukraine on the enrollment and establishment of study periods for foreign students or stateless persons; written consent of a higher education institution of Ukraine (in an arbitrary form) regarding the employment of a foreign student and the obligation of such an institution to notify the regional employment center about the expulsion of a foreigner or stateless person from such an institution; a copy of a temporary residence permit; a copy of the document on higher education, certified in accordance with the established procedure (for foreigners or stateless persons who have arrived in Ukraine for the purpose of studying in institutions of higher education and intend during the period of study and after graduation, provided that they are employed no later than 30 calendar days until the moment of completion of studies, to carry out work in Ukraine).To the application and documents required for the issuance of the permit, the employer shall attach a document on the payment of the fee for the issuance or extension of the permit.
What documents are submitted to extend the validity of the permit?
To extend the validity of the permit, the employer submits the following documents:
1) a statement in the form established by the Cabinet of Ministers of Ukraine (Resolution No. 68);
2) a photo card of a foreigner or stateless person measuring 3.5 x 4.5 centimeters;
3) documents according to the list for obtaining a permit - in case of information changes in them.
An application for the extension of the permit is submitted by the employer to the regional employment center no later than 20 and no earlier than 50 calendar days before the expiration of the permit.
To the application and documents required for the extension of the permit, the employer shall attach a document on the payment of the fee for the issuance or extension of the permit.
What is the fee for issuing and extending the permit?
The fee for issuing a permit is:
• for permits issued for a period of up to six months inclusively, three subsistence minimums for able-bodied persons established by legislation on January 1 of the calendar year in which the employer or his authorized person submitted the documents;
• for permits issued for a period of six months to one year inclusively, five subsistence minimums for able-bodied persons established by legislation on January 1 of the calendar year in which the employer or his authorized person submitted the documents;
• for permits issued for a period of one year to two years inclusively, eight subsistence minimums for able-bodied persons established by legislation on January 1 of the calendar year in which the employer or his authorized person submitted the documents;
• for permits issued for a period of two to three years inclusively, ten subsistence minimums for able-bodied persons established by legislation on January 1 of the calendar year in which the employer or his authorized person submitted the documents.
The amount of the fee for extending the validity of the permit is reduced by one subsistence minimum from the amount of the fee for issuing the permit for the corresponding period.
If the regional employment center makes a decision to refuse to issue or extend the validity of the permit, the funds paid by the employer for issuing or extending the validity of the permit are returned by transferring them to the employer's current account no later than ten working days from the date of the relevant decision.Issuing and extending the validity of a work permit is free of charge:
1) persons in respect of whom a decision was made to issue documents to resolve the issue of recognition as a refugee or a person in need of additional protection, and persons who are appealing a decision to refuse to issue documents to resolve the issue of recognition as a refugee or a person in need of additional protection protection;
2) foreigners and stateless persons who arrived in Ukraine for the purpose of studying in institutions of higher education and intend to work in Ukraine during the period of study and after graduation - provided that they are employed no later than 30 calendar days before the end of their studies ;
3) to persons who have submitted an application for recognition as a stateless person, and to persons who are appealing the decision to refuse recognition as a stateless person;
4) foreigners or stateless persons who took a direct part in repelling and restraining the armed aggression of the Russian Federation against Ukraine.
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How are documents submitted for obtaining a permit?
The application and documents for obtaining or extending the validity of the permit are submitted personally by the employer or his authorized person to the regional employment center in one of the following ways:
• in person during reception by officials of subjects of appeal;
• by sending a postal item with a description of the attachment;
• through the administrative services center.
For what period is the permit issued?
The permit is issued for the following term:
1) the effect of a foreign economic agreement (contract) concluded between Ukrainian and foreign economic entities, but for no more than three years - for seconded foreign workers;
2) the effect of the decision of a foreign business entity to transfer a foreigner or stateless person to work in Ukraine and the employment contract (contract) concluded by a Ukrainian business entity with a foreigner or stateless person, but for no more than three years, for intra-corporate assignees;
3) the validity of a certificate of application for protection in Ukraine or a certificate of the established model for application for recognition as a stateless person, but not for more than one year, for persons in respect of whom a decision was made to process documents to resolve the issue of recognition as a refugee or a person who needs additional protection; persons who appeal the decision on refusal to issue documents to resolve the issue of recognition as a refugee or a person in need of additional protection; persons who have submitted an application for recognition as a stateless person or are appealing the decision to refuse recognition as a stateless person.The validity of the permit may be extended in case of extension of validity of such a certificate;
4) the validity of the employment contract (contract), but not more than one year during the period of study - for foreigners and stateless persons who have arrived in Ukraine for the purpose of studying at institutions of higher education and intend to during the period of study and after graduation, provided employment no later than 30 calendar days before the completion of studies, to conduct work in Ukraine;
5) the validity of the employment contract (contract) or gig contract, but for no more than two years - for all other foreign employees and gig workers.
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How can changes be made to the permit for employment of foreigners or stateless persons?
According to Article 425 of Law No. 5067, the employer is obliged to apply to the regional employment center and inform about changes to the permit in the event of one of the following circumstances:
1) changing the name of the legal entity – employer, reorganization or separation of the legal entity – employer, changing the name and/or surname and/or patronymic of the natural person – entrepreneur who is the employer;
2) issuing a new passport document of a foreigner or a stateless person, in particular, in case of a change in the name and/or surname and/or patronymic of a foreigner or a stateless person; reinstatement lawyer
3) change of job title of a foreigner or a stateless person, transfer to another position at the same employer within the period for which the permit was issued.
To make changes to the permit, the employer submits an application in the form specified by the Cabinet of Ministers of Ukraine (Decision No. 68).
