How to work as a foreigner in Ukraine: who needs permission

How to work as a foreigner in UkraineIn accordance with Part 1 of Art. 54 of the Law of Ukraine “On International Private Law“, labor relations of foreigners and stateless persons working in Ukraine are not regulated by the law of Ukraine in the event that:

  • foreigners and stateless persons work in the diplomatic missions of foreign states or representations of international organizations in Ukraine, unless otherwise provided by an international treaty of Ukraine;
  • foreigners and stateless persons outside Ukraine have concluded employment contracts with foreign employers, whether natural or legal persons, in Ukraine, unless otherwise provided by agreements or an international treaty of Ukraine.

The Law of Ukraine “On Employment of the Population” stipulates that: “Foreigners and stateless persons permanently residing in Ukraine who are recognized in Ukraine as refugees granted asylum in Ukraine, who are recognized as persons in need of additional protection, who have been granted temporary protection, as well as those who have received a permit for immigration to Ukraine, have the right to work on the grounds and in the manner established for citizens of Ukraine.

The employed population does not include foreigners and stateless persons who are in Ukraine and whose employment involves the provision of activities of foreign embassies and missions or the pursuit of professional or labor duties before a non-resident employer.

Foreigners and stateless persons who have arrived in Ukraine for employment for a specified period are accepted by employers for work on the basis of a permit for the employment of foreigners and stateless persons.

In addition, categories of persons whose employment is carried out without permission are defined. This, in particular:

  • foreigners permanently residing in Ukraine;
  • foreigners who have acquired refugee status or have been granted permission to immigrate to Ukraine;
  • foreigners in need of additional protection or who have been granted temporary protection in Ukraine;
  • representatives of the foreign marine (river) fleet;
  • workers of foreign mass media accredited for work in Ukraine;
  • athletes who have acquired professional status, artists and art workers to work in Ukraine on a specialty;
  • workers of emergency services for urgent work;
  • employees of foreign representations registered in the territory of Ukraine in accordance with the procedure established by law;
  • clerics temporarily staying in Ukraine at the invitation of religious organizations for the performance of canonical activity;
  • foreigners who arrived in Ukraine to participate in the implementation of international technical assistance projects;
  • foreigners who arrived in Ukraine for conducting teaching and / or scientific activities at higher educational institutions at their invitation;
  • other foreigners in cases stipulated by the laws and international treaties of Ukraine, the consent of which is binding on the Verkhovna Rada of Ukraine.

If the employer is sure that the foreigner belongs to one of the categories that can be employed without obtaining a permit, he must have proof of the employee’s belonging to the specified category to provide it to the supervisory authorities.

An employer receives permissions for the following categories of persons:

1) seconded foreign workers;

2) intracorporate cessions;

3) foreigners and stateless persons in respect of whom a decision has been made to issue documents for the resolution of the issue of recognition as a refugee or a person who needs additional protection.

The special categories of foreigners and stateless persons who apply for employment in Ukraine are:

1) foreign highly paid professionals;

2) founders and / or participants and / or beneficiaries (controllers) of a legal entity established in Ukraine;

3) graduates of the universities included in the first hundred in the world rankings of universities in accordance with the list determined by the Cabinet of Ministers of Ukraine;

4) foreign workers of creative professions;

5) foreign IT professionals.

An employer may obtain a permit on condition that a salary is paid at a rate not less than:

1) five minimum wages – for foreign hired employees in public associations, charitable organizations and educational institutions;

 2) ten minimum wages – for all other categories of hired workers.