The employment of foreigners in Ukraine is an essential aspect of labor migration regulated by law. In 2024, the procedure for obtaining a foreign work permit has its peculiarities and requirements. In this article, we will look closer at the main stages of obtaining a work permit, the required documents, the procedure, and possible reasons for refusing and canceling a work permit in Ukraine.
The main points of obtaining a work permit
1. Grounds for obtaining a permit
According to Ukrainian law, employers may only employ foreigners and stateless persons if they have obtained a work permit. This permit is issued by the territorial bodies of the central executive authority implementing the state policy in employment and labor migration. The primary purpose of this permit is to regulate labor migration and ensure the legal status of foreign workers in Ukraine.
2. Categories of employees to whom the permit is issued
Work permits are issued to the following categories of employees:
- Foreign employees.
- She seconded foreign employees.
- Intra-corporate assignees.
- Foreigners and stateless persons who have been granted refugee status or received an immigration permit.
- Persons who have applied for recognition as stateless.
3. Preparation of documents
To obtain the permit, the employer must prepare and submit the following documents:
- An application in the prescribed form, in which the employer confirms that the position in which the foreigner will work does not require Ukrainian citizenship and does not require access to state secrets.
- Copies of the passport document pages of a foreigner or stateless person with personal data and a duly certified translation into Ukrainian.
- Color photograph of a foreigner or stateless person measuring 3.5 x 4.5 centimeters.
- A draft employment agreement (contract) or gig contract with a foreigner or stateless person certified by the employer.
- This is a copy of a foreign economic agreement (contract) concluded between a Ukrainian and a foreign business entity for seconded foreign employees.
- A copy of the foreign business entity's decision to transfer a foreigner or stateless person to work in Ukraine for intra-corporate assignees.
- A copy of the decision to process documents to resolve the issue of recognition as a refugee or a person needing complementary protection for the relevant persons.
- A copy of the certificate of application is required for the relevant persons' recognition as stateless persons.
- A copy of the order of the higher education institution of Ukraine on the enrolment of an international student for students who intend to be employed during their studies.
4. Procedure for submitting documents
Documents can be submitted in one of the following ways:
- In-person during the reception of the applicants by officials.
- By sending a postal item with a description of the attachment.
- Through the employer's electronic cabinet on the official website of the territorial executive body, the state policy in the field of employment and labor migration or other state electronic systems of online services is implemented using an electronic signature and undergoing a verification procedure.
- Through the administrative services centre.
- Through the Unified State Web Portal of Electronic Services, including the information systems of state and local self-government bodies integrated with it (if technically possible).
5. The frame for consideration of the application
The territorial body of the central executive authority implementing the state policy in the field of employment and labor migration shall decide within the following timeframe from the date of registration of the relevant application:
- Up to seven business days for the issuance of a permit.
- Up to three business days are needed to extend or change the license.
The timeframe for considering an application may be extended in the case of an application for employment by a citizen of the Russian Federation, a citizen of the Republic of Belarus, or other states recognized as posing a threat to Ukraine's state sovereignty, territorial integrity, democratic constitutional order, and other national interests.
Conditions and restrictions on the employment of foreigners
1. Conditions of employment
Foreigners may work in different positions for one or more employers, provided each employer obtains a work permit. Foreigners and stateless persons may be employed without a permit in part-time positions with the same employer if the employment contract term for the part-time position is, at most, the term of the license for the principal place of work.
2. Limitations
Foreigners and stateless persons may not be appointed to positions or engage in labor activities if, by law, appointment to the relevant position or performance of the appropriate type of activity is related to Ukraine's citizenship unless otherwise provided by international agreements of Ukraine.
Refusal to issue a permit
Grounds for refusal to issue a permit may include:
- Failure to eliminate the grounds for suspending the consideration of the application within the prescribed period.
- Submission of incomplete documents or non-compliance with legal requirements.
- Inaccurate data in the submitted documents.
- Refusal of a regional body of the Security Service of Ukraine to approve issuing or extending a work permit for a citizen of the Russian Federation, the Republic of Belarus, or other states that threaten Ukraine's national security.
The submitted documents are returned to the employer if the permit is refused. Once the grounds for refusal have been removed, the employer may resubmit the documents.
Cancellation of a permit
A work permit for foreigners may be canceled in the following cases:
- The employment contract or gig contract with a foreigner has been terminated.
- A contract between a Ukrainian and a foreign business entity was terminated.
- Inaccurate data in the submitted documents were found.
- A decision on the forced return or forced expulsion of a foreigner.
- A foreigner works under conditions other than those specified in the permit or for another employer without a license.
- Failure of a foreigner to exercise the right to appeal against a decision to refuse recognition as a refugee or a person in need of complementary protection, or in the case of a final decision to deny recognition as a stateless person.
- The entry into force of a court verdict convicting a foreigner of a criminal offense.
- Receipt of a request for cancellation of the 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 and stateless persons.
- Failure of the employer to provide a copy of the employment agreement after its conclusion.
- We are receiving information from a higher education institution about the expulsion of a foreigner or stateless person.
Cancellation of a work permit can have severe consequences for the employer and the employee, so it is critical to comply with all legal requirements and submit the necessary documents promptly.
Refusal to issue and extend a permit
There are various reasons for refusing to issue or extend a permit. Here are some of the main ones:
- Submission of an incomplete set of documents: If the employer fails to submit all the required documents or submit them with violations, the permit may not be issued or extended.
- Inaccurate data: The permit may be denied if inaccurate data is detected in the submitted documents. This includes any inaccuracies or false information.
- Lack of approval from the Security Service of Ukraine: The Security Service of Ukraine requires approval for nationals of states that pose a threat to Ukraine's national security. Refusal of approval automatically means refusal to issue or extend the permit.
- Violation of the deadlines for submitting documents: The employer must apply for the permit extension within the time limits established by law. Please meet these deadlines to avoid a refusal.
- Non-compliance of the employment contract terms with the law: If the terms of the employment agreement or contract do not comply with the requirements of Ukrainian law, the permit may not be issued or extended.
- Absence of information about the employer in the registers: If the employer's information is not available in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organisations, this may be grounds for refusal to issue or extend the permit.
Procedure for applying for an extension of the permit
The employer must apply for an extension of the permit by 20 and at least 50 calendar days before the license expires. The application shall be submitted to the territorial body of the central executive authority implementing the state policy in the employment and labor migration field.
Appealing against a refusal decision
In case of refusal to issue, extend, or amend the permit, the employer has the right to appeal the decision to the central executive body implementing the state policy in employment and labor migration no later than 15 calendar days after its publication and notification to the employer. It is also possible to appeal in court.
Special conditions for different categories of employees
Highly qualified specialists
The Law of Ukraine, "On Immigration," establishes exceptional grounds and requirements for attracting highly qualified foreign specialists and workers, which is needed for the national economy.
Students and researchers
Foreign students and researchers who have arrived in Ukraine for study or research activities may obtain a work permit, provided that their work does not contradict Ukraine's legislation and the purpose of their stay.
Employees of international organizations
Representatives of international organizations, employees of foreign media accredited to work in Ukraine, and foreign representative offices registered in Ukraine may work without additional permits, provided they have the appropriate accreditation and registration.
Benefits of legal employment
It ensures the legal employment of foreigners in Ukraine:
- Respecting the rights and interests of employees and employers.
- Opportunity to receive social protection and medical services.
- Legality and transparency of labor relations.
- Avoidance of penalties and other legal problems.
Conclusion
Obtaining a work permit for foreigners in Ukraine in 2024 is a complex but necessary process for legally employing foreign workers. Compliance with all legal requirements, timely submission of documents, and correct execution will help avoid problems and ensure successful employment.
We recommend contacting STATUS KO competent migration lawyers if you have any questions or need additional advice.
Thus, employers should exercise caution when obtaining work permits for foreigners to ensure compliance with legal requirements and avoid possible negative consequences.
