Mehr als die Hälfte der an Ausländer ausgestellten Arbeitsgenehmigungen wurde in der Ukraine widerrufen: Gründe

Es ist bekannt geworden, dass der Staatliche Arbeitsdienst der Ukraine seit Beginn des Jahres 2024 fast 3.000 Arbeitsgenehmigungen ausgestellt hat. Allerdings wurden 1.740 Genehmigungen für Ausländer und staatenlose Personen widerrufen. Erfahren Sie, was die Gründe für den Widerruf von Arbeitsgenehmigungen in der Ukraine sind und was die ukrainische Wirtschaft darüber denkt

Rechtliche Unterstützung bei Migrationsfragen für Ausländer in der Ukraine

HOLEN

Disappointing statistics on foreign employment in Ukraine were made public at a hearing of the draft law No. 11405 "On Improving the Procedure for Employment of Foreigners" at Ukrinform, which was held as part of the Vision 2033 project. We are looking into why migrant labor goes "into the shadows".

Who issues work permits in Ukraine and why are they canceled?

Work permits in Ukraine are issued by the State Employment Service to both Ukrainian citizens and foreigners and stateless persons. It also monitors the payment of the unified social tax by employers under employment contracts (including with foreigners) and has the authority to revoke work permits. This is possible if the employer has not transferred funds for 2 months from the date of employment of a foreigner.

"Last year, 60% of those who received a work permit did not pay the unified social tax for 2 months or more. We have already issued almost 3,000 permits, of which 1,740 have been canceled. Therefore, we are talking about "shadowing" in the field of employment of foreign citizens in Ukraine," said Valentyna Rybalko, Deputy Director of the State Employment Center.

Find out which foreigners do not need a work permit in Ukraine in this article.

At the same time, the majority of business representatives, as well as local communities and the government in general, do not approve of the idea of attracting migrants to improve the situation on the labor market, but support the creation of conditions for Ukrainians to return home.

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Legal grounds for canceling work permits for foreigners and stateless persons

Such grounds are defined in part two of Article 42-10 of the Law of Ukraine "On Employment of the Population", which was supplemented by three new paragraphs as of October 15, 2022:

1) A request for cancellation of a work permit from the National Police of Ukraine, the Security Service of Ukraine, or another state body that ensures compliance with the requirements of the legislation on the legal status of foreigners within the scope of its powers.

Important! If the foreigner's actions violate the legislation on the legal status of foreigners or are contrary to the interests of ensuring the national security of Ukraine, the relevant Ukrainian authorities have the right not only to cancel the work permit, but also to investigate the foreigner's illegal actions.

Earlier, we wrote about how a foreigner can obtain a residence permit in Ukraine on the basis of employment.

2) Non-payment by the employer of a single contribution to the obligatory state social insurance for a person, if such non-payment is recorded by the State Register of Obligatory State Social Insurance.

Important! A foreign person whose work permit has been obtained must have paid the obligatory state social insurance within 2 months from the date of conclusion of the employment agreement/contract, except as otherwise provided by law;

3) Obtaining information from a higher education institution of Ukraine on the expulsion of a foreigner from such an institution (applies exclusively to foreign students).

All questions related to migration law and employment of foreigners in Ukraine can be addressed to our lawyers. Consultations, support, representation (if necessary), turnkey results - you can get them here.

Just to remind you! You can read more about how to obtain a work permit in Ukraine in our articlе.

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Ihor Usyk is the Head of Legal Department at Visit Ukraine

Before you travel to Ukraine or while you are already in the country, seek legal advice. Our team will help you feel safe and confident during your trip, business trip or relocation.