Who is entitled to obtain a work permit for a foreigner?

In 2026, the issue of employing foreigners in Ukraine remains one of the most frequently asked questions and, at the same time, one of the most misinterpreted. In practice, I regularly encounter situations in which foreigners or employers are convinced that a work permit for a foreigner can be issued by the employee, an intermediary, or even a third party "by power of attorney". It is this misunderstanding that leads to most refusals, fines, and wasted time.

Ukrainian legislation clearly defines who has the right to initiate and issue work permits for foreigners, but this rule is often lost among myths, outdated information, and advice from forums. As a result, a foreigner comes to Ukraine expecting to work legally, and an employer faces the risk of financial liability.

In this article, I, as the director of Status Ko Law Firm, will explain in simple and understandable language who exactly has the right to issue a work permit for a foreigner, in what cases it is impossible or unnecessary, and why the right legal approach at the start significantly saves time, money, and nerves for both parties. The information is based on the current legislation and is relevant as of 2026.

1. Who has the legal right to issue a work permit for a foreigner

The key point to clearly state from the outset is that only the employer, not the foreigner, has the right to issue a work permit for a foreigner in Ukraine. This is a basic rule of law that will remain in force and relevant in 2026, regardless of a foreigner's citizenship, work experience, or visa status.

The applicant in the procedure is a Ukrainian employer, a legal entity, or an individual entrepreneur, who plans to officially employ a foreigner. It is the employer who submits the package of documents to the authorised body, pays the state fee, and is legally responsible for compliance with the terms of the permit. In this procedure, the foreigner is the party in respect of whom the permit is issued, but not the subject of the application.

In practice, we often encounter situations in which foreigners try to "apply for a work permit themselves" or entrust it to agents without their employer's participation. In such cases, the result is always the same - either a refusal to accept the documents or a waste of time due to the need to redo the entire package from scratch. The law does not provide a mechanism for a foreigner to self-apply, even with a power of attorney.

At the same time, the employer has the right to delegate the technical execution of the procedure to a lawyer or law firm. In this case, we act on behalf of the employer under an agreement and a power of attorney, supporting the process of obtaining a work permit for a foreigner at all stages, from preparing the documents to obtaining the decision. This does not change the applicant's legal status, but allows us to avoid common mistakes and delays.

It is also important to understand that the permit is issued for a specific employer and a specific position. This means that even if a foreigner has already worked in Ukraine, the new employer must go through the permit procedure again. That is why determining the party entitled to issue a work permit for foreigners is critical even before the start of cooperation.

From my experience with Status Ko, I can say that most problems in the employment of foreigners arise not from the complexity of the procedure, but from a lack of understanding of the roles of the parties. When an employer is immediately aware of its responsibilities and acts within the law, the process of obtaining a work permit is predictable and free of unnecessary risks.

2. When it is impossible or unnecessary to obtain a permit

Particular attention should be paid to situations where it is either impossible to obtain a work permit for a foreigner or not required at all. In practice, this is where most mistakes arise, as employers are often guided by assumptions rather than direct legal provisions.

First of all, a work permit cannot be issued if there is no actual employer in Ukraine. We have encountered situations where a foreigner is legally in Ukraine, has potential clients or projects, but no Ukrainian company is ready to officially act as an employer. In this case, obtaining a work permit is legally impossible, regardless of the foreigner's experience or qualifications.

In addition, a work permit is not required if actual work is planned without concluding an employment contract. Sometimes employers mistakenly believe that a civil law contract or a "trial period" allows them to circumvent the law's requirements. In practice, the regulatory authorities assess the actual nature of the relationship rather than the name of the agreement, and in such cases, the absence of a work permit for foreigners results in fines.

At the same time, there are categories of foreigners for whom obtaining a work permit is not mandatory. The legislation provides for a number of exceptions, but it is important not to generalise. A common misconception is that having a residence permit automatically gives you the right to work without a permit. In 2026, this is not the case for most residential grounds.

In practice, we often encounter foreigners holding a temporary residence permit but without a work permit, sincerely believing it is legal. In such cases, risks arise not only for the foreigner but also for the employer, as both parties are liable.

We should also mention situations in which a work permit has been issued, but the conditions for its use are violated. For example, a foreigner actually performs functions other than those specified in the permit, or works for several companies at the same time without separate permits. Formally, the permit exists, but legally it is considered to be used with violations, which entails negative consequences.

Based on Status Ko's experience, I can summarise that before entering into any employment relationship with a foreigner, it is crucial to clearly determine whether a work permit is required in a given situation and whether it can be issued. It is at this stage that legal advice helps avoid difficult or impossible decisions that are difficult or impossible to correct later.

3. The role of legal support in obtaining a work permit for a foreigner

Although the law expressly stipulates that the employer is the applicant in the procedure, in practice, obtaining a work permit for a foreigner is rarely easy if you do it yourself. The reason is simple: the procedure appears formal but contains many nuances that are not obvious to non-lawyers and often lead to refusals.

Legal support in this process is not "mediation," but a tool to ensure compliance with the law in the employer's actions. We analyse the specific situation: the foreigner's legal status, the reality of the employment relationship, the correctness of the position, and the terms and conditions of employment. These are the details most often ignored, even though they directly affect the likelihood of obtaining a work permit for foreigners.

I can give you a typical example from Status Ko's practice: an employer prepares the documents themselves but incorrectly formulates the job title or fails to take the foreigner's migration status into account. As a result, the documents are accepted, but later problems arise with the use of the permit or with the issuance of a residence permit. Legal support allows you to identify such risks before submitting documents.

It is worth mentioning the liability. It is the employer who bears the financial and legal consequences in case of violations, even if the mistake was made "out of ignorance". As part of our legal support for employment, we not only prepare the documents but also explain to the employer the restrictions that apply after obtaining the permit and what can and cannot be done during its validity period.

It is also important to understand that a work permit for a foreigner is not an isolated document. It is directly related to the following steps: entry of a foreigner, obtaining a type D visa, and obtaining a temporary residence permit. Errors at the permit stage automatically complicate or block the entire subsequent procedure.

That's why I always emphasise that proper legal support is not about "faster", but about doing it right the first time. When the procedure for obtaining a work permit is properly structured, the employer gets a predictable result, and the foreigner receives legal, stable working conditions in Ukraine.

FAQ: frequently asked questions about the right to obtain a work permit for a foreigner

1. Who submits documents for a work permit for a foreigner - the employer or the foreigner?

The documents are submitted exclusively by the employer. A foreigner has no right to apply for a work permit on his/her own, even by power of attorney.

2. Can a foreigner apply for a permit if he/she is already in Ukraine?

No. The fact of a foreigner's stay in Ukraine does not entitle him or her to apply for a permit on his or her own. The procedure is initiated by the employer in any case.

3. Does a sole proprietor have the right to issue a work permit for a foreigner?

Yes, a sole proprietor can act as an employer and obtain a work permit for a foreigner, provided all legal requirements are met.

4. Do I need a work permit if I am a foreigner with a temporary residence permit?

In most cases, yes. Holding a temporary residence permit does not automatically mean the right to work without a permit.

5. Can I work under a civil law contract without a permit?

No, it is not. If labour functions are actually performed, a work permit for a foreigner is required regardless of the form of the contract.

6. Can I change my employer after obtaining the permit?

No. The permit is issued for a specific employer. To work for another company, you need to apply for a new permit.

7. Can a law firm submit documents instead of an employer?

Yes, but only as the employer's representative. Lawyers are not applicants, but act on the basis of a contract and a power of attorney.

8. What happens if a foreigner works without a work permit?

This is a violation of the law, which entails fines for the employer and negative consequences for the foreigner under immigration law.

9. Can I use one permit to work for several companies?

No. Each employer needs a separate permit to employ foreigners.

10. When is the best time to apply for legal support in obtaining a work permit?

Even before the start of employment. In practice, we often find that applying after violations complicates or delays the legalisation process.

Conclusion.

The question of who has the right to issue a work permit for a foreigner is fundamental to legal employment in Ukraine. The legislation clearly states that the initiator and applicant in this procedure is exclusively the employer, while the foreigner cannot apply for a work permit on his or her own. It is the misunderstanding of this basic rule that most often leads to refusals, fines, and problems with migration status.

Based on the practice of Status Ko Law Firm, I can say that the correct execution of a work permit for foreigners does not start with the submission of documents, but with a correct assessment of a particular situation: whether a permit is required, whether it can be issued, and under what conditions it will be used legally. Mistakes at the start almost always entail serious consequences that are difficult or impossible to correct later.

That is why legal support in matters of the employment of foreigners is a tool for protecting the interests of both the employer and the foreigner. When the procedure is structured in accordance with the law, employment becomes predictable, safe, and does not create risks for both parties.

Good to know:

• Work permit for foreigners in Ukraine in 2026: full instructions
• How much does a work permit for a foreigner in Ukraine cost in 2026?
• Validity of a work permit for foreigners: how long is it issued for
• What documents are required for a work permit for a foreigner
• How to quickly obtain a work permit for a foreigner: standard and accelerated procedure
• Extension of a work permit for a foreigner: step-by-step procedure
• Turnkey work permit for a foreigner: what is included in the service
• Obtaining a work permit for foreigners in Kyiv and throughout Ukraine