Today, more and more Ukrainian employers are attracting foreign specialists to their companies. Over the past 10 years, legislation in the field of obtaining work permits for foreigners in Ukraine has undergone significant changes. Current legislation really simplifies the procedure for obtaining such permission for both employers and foreigners. Unfortunately, some flaws and inconsistencies still exist.
In accordance with the Law on the Legal Status of Foreigners and Stateless Persons of Ukraine dated 09.22.2011 VI3773-VI, a work permit for foreigners and stateless persons is a document that gives the employer the right to temporarily use a foreigner or stateless person. In accordance with the procedure established by the legislation of Ukraine.
Almost a year has passed since the entry into force of 52058-VIII dated May 23, 2017 of the Law of Ukraine “On Removing Obstacles to Attracting Foreign Investment”, which entered into force 52058-VIII of May 23, 2017 (hereinafter – the “Law”). It is important to note that in comparison with previous regulations (for example, the Cabinet of Ministers of Ukraine 4437 “Issuing, renewing and revoking work permits for foreigners and stateless persons”) dated May 27, 2013 and the Cabinet of Ministers Decree 2828 “On the work of foreigners and individuals statelessness ”Issue of permission to use, with grdzelebisa and cancellation procedure“ amendment ”01/18/2017 sec.) to amend a number of provisions that allow foreigners and their employers to differentiate different categories of workers and their working conditions.
First of all, there is a short list of documents that, in practice, exempt foreign workers and their employers from unnecessary work and additional costs. In addition to the lack of information about the absence of infectious diseases, the list does not include criminal records and educational documents. According to Art. Article 421 of the Law, today, in order to obtain permission to use the work of foreigners and stateless persons, must include a list of the following documents: the established form of the employer, a copy of the foreigner’s passport and a copy of the order in Ukrainian, a certified permit, the established size, and a color photo card. Employment contract (contract). Additional documents are required for the employment of certain categories of workers.
- Work visa for ukraine from India
- Work visa for ukraine from Pakistan
The law also introduces the concept of “a special category of foreigners and stateless persons who are employed in Ukraine for work”. The following groups belong to the following groups:
Foreign highly paid specialists (according to the Law of Ukraine on Employment dated 05.07.2012 5067-VI) 5067-VI) are foreigners with a minimum wage of at least 50 (today – UAH 186 150.00);
Founders and / or participants and / or beneficiaries (controller) of a legal entity based in Ukraine;
100 best university graduates of world rankings;
Foreign creative professionals and foreign IT specialists.
For such categories, a work permit may be issued for a period of up to 3 years. The minimum wage requirements do not apply to the categories of workers mentioned above. However, the minimum wage in the category of workers should be at least 10 of the minimum wage (today – UAH 37,230.00).
The amount of remuneration paid by the employer for the issuance or extension of a work permit for foreigners is also indicated. The fee for issuing or renewing a permit is now:
For permits issued for a period of 1 to 3 years or their validity period has been extended for such a period – 6 minimum wages for able-bodied persons (at present – UAH 10,752.00);
Including permits issued for a period of 6 months to 1 year, or their validity period extended for such a period – 4 minimum wages for disabled people (currently – 7,048.00 UAH);
For permits issued for a period of up to 6 months or extended for this period – 2 minimum salaries for the disabled (currently – 3 524.00 UAH.).
Obtaining a work permit abroad is the basis for obtaining a temporary residence permit abroad in Ukraine, it is a document proving the identity of a foreigner, and it has been proven that it provides legal grounds for temporary residence in Ukraine, as well as the right to enter and exit for free. Ukrainian border without additional documents.
In accordance with the provisions of the Cabinet of Ministers, Decree No. 04322 “On approval of a sample, specification of a form, issuance of a form, exchange, cancellation, export, export, return, return to the state, invalidity of a declaration and certificate of temporary residence”, 04.25.2018. A new form and procedure for registration of 06/01/2018.