How to obtain a work permit for a foreigner in Ukraine?

Foreign nationals can officially work in Ukraine even without a permanent residence permit. Find out how to obtain a work permit, what documents are required, and what are the conditions for issuing such a document

Legal assistance on issues of entry and stay in Ukraine for foreigners

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Foreigners and stateless persons who arrive in Ukraine for employment for a fixed period of time are hired by employers on the basis of a work permit for foreigners and stateless persons. To obtain such a permit, an employer must apply to a regional employment center with the required package of documents.

An applicant may apply for the service in person or through a legal representative by sending documents by mail (registered mail).

We have described in detail how a foreigner can get a job in Ukraine in this article.

What documents are required to obtain a work permit for a foreigner?

Documents to be submitted to obtain the service:

1. An application in the form established by the Cabinet of Ministers of Ukraine, in which the employer confirms that the position in which the foreigner or stateless person will be employed is not related to Ukrainian citizenship and does not require access to state secrets.

2. Copies of the pages of the passport document of a foreigner or stateless person with personal data together with a duly certified translation into Ukrainian, except for:

–  foreigners and stateless persons in respect of whom a decision has been made to process documents to resolve the issue of recognition as a refugee or a person in need of complementary protection;

–  foreigners and stateless persons who appeal against a decision to refuse to process documents to resolve the issue of recognition as a refugee or a person in need of complementary protection;

–  persons who have applied for statelessness and persons who appeal against a decision to refuse to recognize them as stateless.

3. A copy of the certificate of the established form on the application for recognition as a stateless person (for persons who have applied for recognition as a stateless person and persons who appeal against the decision to refuse recognition as a stateless person).

4. A color photograph of the foreigner or stateless person measuring 3.5 x 4.5 centimeters.

5. A copy of a foreign economic agreement (contract) concluded between a Ukrainian and a foreign business entity, which provides for the employment of foreigners and stateless persons sent by a foreign employer to Ukraine to perform a certain amount of work (provide services), and a copy of a document confirming the existence of an employment relationship between a foreign employee and the foreign employer who sent him/her (for seconded foreign employees).

6. A copy of the order of the higher education institution of Ukraine on enrollment and establishment of study periods for foreign or stateless students; written consent of the higher education institution of Ukraine (in any form) regarding the employment of a foreign student and the obligation of such institution to inform the territorial body of the central executive body implementing the state policy in the field of employment and labor migration about the expulsion of a foreigner or stateless person from such institution; a copy of the temporary residence permit; a copy of the temporary residence permit; a copy of the temporary residence permit; a copy of the temporary residence permit.

7. A copy of the decision of the foreign business entity to transfer the foreigner or stateless person to work in Ukraine with the determination of the period of his/her work and a copy of the employment agreement (contract) concluded by the Ukrainian business entity with the foreigner or stateless person (for intra-corporate assignees).

8. A copy of the decision to process documents to resolve the issue of recognition as a refugee or a person in need of complementary protection, or a copy of the certificate of application for protection in Ukraine (for persons in respect of whom a decision was made to process documents to resolve the issue of recognition as a refugee or a person in need of complementary protection, and persons who appeal against the decision to refuse to process documents to resolve the issue of recognition as a refugee or a person in need of complementary protection).

9. A draft employment agreement (contract) or gig contract with a foreigner or stateless person certified by the employer (except for seconded foreign employees).

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Conditions for issuing a work permit

First of all, documents drawn up in a foreign language must be translated into Ukrainian. The authenticity of the translator's signature must be notarized.

In the absence of the grounds provided for in part three of Article 42-8 of the Law of Ukraine "On Employment of the Population", the territorial body of the central executive body implementing the state policy in the field of employment and labor migration shall decide to issue, extend or amend the permit within the time limits specified in Article 42-6 of this Law of Ukraine "On Employment of the Population" and, within two business days from the date of its adoption, publish the relevant information on its official website and notify the employer of the decision.

Grounds for refusal to provide the service

The permit may be refused in the following cases:

1. Absence of information about the employer in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations or availability of information on state registration of termination of a legal entity as a result of its liquidation, or availability of information on state registration of termination of business activity of an individual entrepreneur who is an employer;

2. Submission of an application and documents for the permit extension in violation of the term stipulated by part two of Article 42-6 of the Law of Ukraine "On Employment of the Population";

3. Cancellation of the permit on the grounds provided for in paragraphs 5, 9 and 10 of part two of Article 42-10 of the Law of Ukraine "On Employment of the Population" (within one year from the date of the decision to cancel);

4. Failure to eliminate the grounds for suspension of the application within the established period or recognition by the territorial body of the central executive body implementing the state policy in the field of employment and labor migration of the motivation letter submitted by the employer as unreasonable;

5. Cancellation of the permit obtained by the employer on the grounds provided for in paragraphs 4, 6-8 and 11 of part two of Article 42-10 of this Law of Ukraine "On Employment of the Population" (within one year from the date of the decision to cancel). This provision does not apply in cases where the employer has submitted an application for a work permit for another foreigner or stateless person;

6. Refusal of the regional body of the Security Service of Ukraine to approve the issuance or extension of a work permit for a citizen of the Russian Federation, a citizen of the Republic of Belarus, as well as other states recognized as threatening state sovereignty, territorial integrity and democratic constitutional order and other national interests of Ukraine.

If a person has been denied a permit, an appeal may be filed by the appellant or the appellant's representative. The decision can be appealed to the State Employment Center and the District Administrative Court.

Foreign citizens from any part of the world can get assistance on entry/stay/employment in Ukraine on the Visit Ukraine portal. Our lawyers are ready to provide comprehensive legal support, which will include not only consultations and answers to questions, but also assistance in collecting, submitting and receiving the documents you need.

We remind you! The issue of employment in Ukraine is quite common among foreigners, but finding a job is not the only part of the path you need to go through to stay in the country legally. Read what is required to obtain a residence permit on the basis of employment in Ukraine and how to obtain it in our previous article.

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