Residence permit on the basis of employment in Ukraine: how to get it?

The issue of employment in Ukraine is quite common among foreigners, but finding a job is not the only part of the process that needs to be completed in order to legally reside in the country. Find out what documents are required to obtain a residence permit based on employment in Ukraine and how to extend it

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According to Part 4 of Article 4 of the Law of Ukraine ‘On the Legal Status of Foreigners and Stateless Persons’, employment and the conclusion of a gig contract are considered grounds for legal residence in Ukraine. According to this provision of the law, foreigners and stateless persons who have obtained a work permit are also considered to be legally residing in Ukraine.

Foreigners who are legally present in Ukraine include those who:

– have arrived to work in branches of a legal entity established in accordance with the legislation of another country, such as embassies or consulates (Part 8 of Article 4 of the Law of Ukraine ‘On the Legal Status of Foreigners and Stateless Persons’);

– arrived to work in branches or representative offices of foreign banks (part 9 of Article 4 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”);

– have signed a contract for military service in the Armed Forces of Ukraine, the State Special Transport Service, or the National Guard of Ukraine (Part 19 of Article 4 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”).

These categories of foreigners are indirectly affected by the issue of employment and have their own established legalisation mechanisms. We will discuss how to obtain a residence permit in Ukraine for an ordinary labour migrant further in this article.

What documents are required to obtain a residence permit in Ukraine?

Labour migrants receive a temporary residence permit (based on Part 3 of Article 5 of the Law of Ukraine ‘On the Legal Status of Foreigners and Stateless Persons’). However, the requirements for the package of documents differ for persons who have obtained a permit to employ foreigners and stateless persons (persons without citizenship) and for persons who do not need such a permit.

General list of documents

Part 19 of Article 5 of the Law of Ukraine ‘On the Legal Status of Foreigners and Stateless Persons’ defines the mandatory list of documents that every foreigner must prepare, regardless of their professional activity:

1. Passport.

2. Long-term visa.

3. Copy of the passport page with a long-term visa.

4. Copies of passport pages with personal data, translated into Ukrainian and certified in accordance with the established procedure.

5. Document confirming payment of the administrative fee.

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Documents required if you have a permit to employ foreigners and stateless persons

In accordance with Part 4 of Article 5 of the Law of Ukraine ‘On the Legal Status of Foreigners and Stateless Persons’, a foreigner who has a work permit must collect the following set of documents:

1. Application from the foreigner.

2. Valid health insurance policy.

3. Permit to employ foreigners and stateless persons.

4. Employer's obligation to notify the migration service in case of early termination/cessation of the employment contract.

Documents required in the absence of a work permit for foreigners and stateless persons

In accordance with Part 4 of Article 5 of the Law of Ukraine ‘On the Legal Status of Foreigners and Stateless Persons’, a foreigner who does not need a work permit must collect the following documents:

1. Foreigner's application.

2. Valid health insurance policy.

3. Employment contract/gig contract.

4. Employer's obligation to notify the migration service in the event of early termination/cessation of the employment contract.

It should not be forgotten that Ukraine is in a difficult geopolitical situation – a full-scale war is ongoing. In such conditions, insurance covering war risks is extremely important, as it will protect your finances in the event of air strikes, explosions, terrorist attacks or mass unrest. We discussed which insurance policy is required to obtain a residence permit in Ukraine in our previous article.

Important! If a person with foreign Ukrainian status is hired, you must additionally provide a certificate confirming the relevant status.

According to paragraph 1 of part 1 of Article 5¹ of the Law of Ukraine ‘On the Legal Status of Foreigners and Stateless Persons’, the validity period of a temporary residence permit = the validity period of an employment contract / gig contract / permit for the employment of foreigners and stateless persons.

How to extend a temporary residence permit in Ukraine on the basis of employment?

According to Article 17 of the Law of Ukraine ‘On the Legal Status of Foreigners and Stateless Persons’, if a foreigner wishes to extend a temporary residence permit in Ukraine, they must take the following steps:

1. Submit an application to the migration service from the foreigner and the host party at least three working days before the end of the established period of stay in Ukraine.

2. Provide documents confirming the grounds for further stay in Ukraine (for example, extension of the employment contract).

3. Collect the package of documents required by the migration service:

✔︎ the foreigner's passport;

✔︎ copies of the foreigner's passport containing personal data (translated into Ukrainian, certified in accordance with the established procedure);

✔︎ the passport of the host party (or its representative);

✔︎ proof of financial capacity to cover the costs associated with the foreigner's stay in Ukraine.

Once submitted, the foreigner cannot change the application. Nor can they withdraw it if the decision to grant/refuse to extend the temporary residence permit has already been made by the migration authorities.

Important! Your temporary stay in Ukraine may be shortened if there are no grounds for further stay in the country (Part 1 of Article 24 of the Law of Ukraine ‘On the Legal Status of Foreigners and Stateless Persons’) — for example, in the case of early termination of an employment contract.

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