Obtaining a work permit for foreigners in Ukraine

For foreigners and stateless persons wishing to work in Ukraine, it is necessary to obtain a special permit issued by the State Employment Center. The procedure, timeframe and list of necessary documents for obtaining a work permit for foreigners is regulated by the Resolution of the Cabinet of Ministers of Ukraine dated May 27, 2013. No. 437 “Issues of Issuance, Extension and Cancellation of the Permit for the Use of the Work of Foreigners and Stateless Persons” (hereinafter referred to as the Resolution).

According to Clause 4 of the Resolution, the use of the work of foreigners and stateless persons is appropriate and sufficiently justified in the case when a foreigner or a stateless person (hereinafter referred to as a foreigner):

– Applies to the post of manager, deputy director or other managerial position, provided that such foreign person is the founder or participant of the enterprise, institution or organization;
– pretend to occupy a post that involves the creation of copyright and (or) related rights as a basic labor duty;
– pretend to be a manager or a post of the subject of the software industry, the title of which is determined in accordance with the codes of professions 2131.2, 2132.2, 3121, specified in section 2 “Professionals” and section 3 “Specialists” of the National Classifier of Ukraine DK 003: 2010 ” Classifier of Occupations »;
– Has a diploma of higher education in one of the educational institutions, which are included in the first hundred world ratings.

To obtain a work permit in Ukraine, a foreign person submits the following documents:

1) Application;
2) Copies of documents on education or qualification of a person;
3) Copies of the pages of the passport with the personal data together with the translation into the Ukrainian language; the translation must be notarized;
4) Two color photographs of a person size 3,5х4,5 centimeters;
5) A document issued by a medical-preventive institution that a foreign person is not ill with chronic alcoholism, substance abuse, drug addiction or other infectious diseases, the list of which is determined by the Ministry of Health;
6) A certificate stamped with a stamp and certified by the employer’s signature that the position on which the work of a foreign person will be used, in accordance with the legislation, is not related to the citizenship of Ukraine and does not require the granting of admission to state secrets. In the case of the presence of a secret secret authority by the employer, the said certificate is also submitted with the signature of the head of such body;
7) A certificate from the Ministry of Internal Affairs that a foreign person who at the time of registration of the permit is in Ukraine does not serve a punishment for the commission of a crime and is not subject to criminal proceedings;
8) A certificate from the authorized body of the country of origin (stay) that a foreign person who at the time of registration of the permit is outside Ukraine does not serve a punishment for the commission of a crime and there is no criminal proceedings against him.
9) A power of attorney certifying the right of the person to represent the interests of the employer in the commission of actions for the issuance of a permit, if such actions are committed not by the head of the enterprise, institution or organization.

The State Employment Center accepts and registers the application and documents on the day of receipt by the description, a copy of which is issued to a person or representative with a mark on the date and the registration number of such documents.

Within seven working days, the state employment center from the date of registration of documents makes decisions on issuance, refusal to issue, prolongation of action, refusal to extend the validity or revocation of a permit. The decision shall be made by order of the State Employment Center and, not later than within two working days from the date of its adoption, shall be sent to a foreign person by post with a notification of delivery and by e-mail indicating the payment details for the payment of a permit for employment in the amount of four minimum wages.

It should be noted that if a foreign person fails to pay within 10 working days from the date of receipt of the decision to grant the permit, the decision is canceled.

The State Employment Center issues and issues a work permit in Ukraine subject to the application of a foreign person no later than three working days from the date of transfer of funds to the account of the Fund of the compulsory state social insurance of Ukraine in the event of unemployment specified by the territorial body.

The permit is issued for a period of up to one year, and in cases where the permit for the employment of a foreign person applying for a post of manager, deputy head or other leading position, provided that such person is the founder or participant of the enterprise, is issued no more than for three years. The validity of such permission may be extended by two years for an unlimited number of times.