Obtaining access to employment for foreigners in Ukraine

BASE (basic) 6.08

advertisement

Симиренко Ганна

Lawyer

Ukraine / Kyiv

i

Reading time: 16 minutes Total views: 74

Rate:

0

Publication date: 09.07.2024

Лоер

Obtaining access to employment for foreigners in Ukraine

Ukraine is becoming more and more popular for foreigners seeking employment. An important aspect of this process is obtaining a work permit for foreigners, which allows them to legally work in the country. In this article, we will consider the key issues related to obtaining a work permit in Ukraine, the procedure for processing documents, and the cost of a work permit.

Regulatory and legal framework

The procedure for employment of a foreigner in Ukraine is regulated by the following legal acts:

1. Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons";
2. 
   Labor Code of Ukraine;
3. 
   Law of Ukraine "On employment of the population".
    

These documents define the basic rules and requirements for obtaining a work permit for foreign citizens in Ukraine.

The procedure for obtaining a work permit for foreigners 

1. Preparation of documents. The first step in the process of obtaining a work permit for a foreigner in Ukraine is the preparation of the necessary documents:
   The employer's application for the issuance of a permit for the employment of a foreigner.
   A copy of the employment contract or other document confirming the intention of employment.
   Documents on qualifications or work experience of a foreigner.
    
2. Submission of documents. Documents are submitted to the Employment Center at the employer's place of registration. It is important to complete the documents correctly and comply with all legal requirements in order to avoid a refusal to issue a permit.
3. Сonsideration of the application and issuance of a permit. The application is considered within 7 working days.In the case of a positive decision, the employer receives a permit to employ a foreigner, which is issued for a period of up to one year with the possibility of extension.

Special categories of foreigners

Some categories of foreign citizens have a simplified procedure for obtaining a work permit or do not need it at al.

This applies, in particular, to foreigners permanently residing in Ukraine, employees of representative offices of foreign companies, and persons with refugee status.

Responsibility of employersEmployers who plan to register foreigners for work in Ukraine must comply with the following requirements:Compliance with labor and immigration laws.Ensuring proper working conditions.

Timely payment of taxes and social contributions.

Cases of employment without the need to obtain a permit (Part 6 of Article 42 of Law No. 5067):

1. Foreigners permanently residing in Ukraine.
2. 
   Foreigners with refugee status or those who have received permission to immigrate in accordance with the legislation of Ukraine.
3. 
   Persons in need of additional protection or who have received temporary protection in Ukraine.
4. 
   Representatives of foreign sea (river) fleets and airlines operating on the territory of Ukraine.
5. 
   Employees of foreign mass media accredited to work in Ukraine.
6. 
   Professional sportsmen, artists and art workers who carry out activities in their profession in Ukraine.
7. 
   Employees of emergency and rescue services, involved in the performance of urgent work.
8. 
   Employees of foreign representative offices officially registered in Ukraine.
9. 
   Foreign priests who are temporarily staying in Ukraine at the invitation of religious organizations to carry out canonical activities in agreement with the body that registered the charter (regulations) of the relevant religious organization.
10. 
    Foreigners involved in the implementation of international technical assistance projects.
11. 
    Foreigners who are engaged in teaching and/or scientific activities in institutions of professional pre-higher and higher education at the invitation of these institutions.
12. 
    Other foreigners in the cases defined by the laws and international treaties of Ukraine, the binding consent of which has been given by the Verkhovna Rada of Ukraine.
13. 
    Submission of documents
    Prepared documents are submitted to the Employment Center at the employer's place of registration.
14.  The application review process takes up to 7 working days.In the case of a positive decision, the employer receives a permit to employ a foreigner.
     

The cost of a work permit

1. The cost of a work permit in Ukraine varies depending on the type of permit and its validity period. For exampl of e, a standard work permit for foreigners can cost between 200 and 400 euros per year.
2. 
   Peculiaritiesemployment of foreigners
3. 
   Work permit for special categories
4. 
   Some categories of foreigners have the right to a simplified procedure for obtaining a work permit or may not need it at all.
5.  Let's consider these categories in more detail.
6. 
   Foreigners who have a permanent place of residence in Ukraine
7. 
   Foreign citizens who have received a permanent residence permit in Ukraine have significant advantages in terms of employment. 
8. They do not need a special work permit, which greatly simplifies the process of their employment. 
9. This is explained by the fact that their status is equated to that of citizens of Ukraine in the context of labor relations.
10. 
    Employees of foreign companies that have representative offices in Ukraine
    Foreign citizens who work in representative offices of foreign companies registered in Ukraine also have a simplified procedure for obtaining a work permit. 
11. These employees can be sent to work in Ukraine for a certain period to perform specific tasks.
12.  A work permit for such employees is issued on the basis of a contract between a foreign company and its representative office in Ukraine.

Persons with refugee status or additional protection

Persons who have received refugee status or additional protection in Ukraine have the right to employment without obtaining an additional permit. This is related to Ukraine's international obligations in the field of refugee rights protection, work permit for foreign citizens. Such persons have the right to the same employment conditions as citizens of Ukraine,  a work permit Kyiv. They can work in any position and in any industry without restrictions.

The new order of employment of foreigners in Ukraine: changes and requirements

Prior to the adoption of the new law, employers had to pay foreign workers wages in the amount of 5 to 10 times the minimum wage (except for special categories of workers). This created a significant financial burden on employers and contributed to the shadowing of labor relations. Today, the division into special categories of employees (highly paid professionals, founders or members of legal entities, IT specialists, etc.) no longer applies. Instead, all foreign employees are now required to pay one minimum wage per month.

Documents for obtaining a permit for employment of foreigners

In order to obtain an employment permit for foreigners, the following documents must be submitted:

1. Application in the form approved by the Cabinet of Ministers of Ukraine;
2. 
   Copies of pages of the foreigner's passport with personal data and their translation into Ukrainian, certified in accordance with the established procedure;
3. 
   A 3.5 x 4.5 centimeter color photo card of a foreigner or stateless person;
4. 
   Draft employment contract (contract) with a foreigner or stateless person, certified by the employer.
    

The cost of employment permits for foreigners in 2024

• The fee for issuing an employment permit for foreigners depends on the duration of its validity:
  For a period of up to six months inclusively - 9,084 hryvnias;
• 
  For a period of six months to one year inclusively - 15,140 hryvnias;
• 
  For a period from one year to two years inclusively - 24,224 hryvnias;
• 
  For a period of two to three years inclusively - 30,280 hryvnias.If the permit is extended, the fee is reduced by one subsistence minimum from the initial amount for the relevant period.
   

The validity period of the employment permit

1. An employment permit for foreign workers can be issued for a period of up to two years, which depends on the term of the employment contract (contract).
2. 
   Issuance and extension of employment permits for citizens of the Russian Federation, the Republic of Belarus, as well as other countries recognized as a threat to the state sovereignty, territorial integrity and democratic constitutional system of Ukraine, are carried out only on the condition of agreement with the regional bodies of the Security Service of Ukraine.
    
3. Employer's responsibility: An employer who plans to employ a foreigner must comply with all requirements of labor and immigration legislation. This includes ensuring proper working conditions, timely payment of taxes and social contributions.
4. Advantages and challenges: The benefits of employing foreigners include access to highly qualified professionals, international experience and cultural diversity. However, there are also challenges, in particular the need to comply with complex procedures for obtaining a work permit and integrating foreigners into the workforce.

How to obtain a work permit in Ukraine: step-by-step instructions and professional assistance "Consultant"

In order to simplify the process of obtaining a work permit in Ukraine, contact the professional legal services of the "Consultant" company. We will help you prepare documents correctly, avoid delays and ensure legal employment of foreigners in Ukraine. Thanks to our support, you can only concentrate on your work without worrying about bureaucratic obstacles. Gather experience and reliability - contact the company "Consultant" today!