LAW OF UKRAINE
"On Employment of the Population"
Section VII
EMPLOYMENT OF FOREIGNERS AND STATELESS PERSONS IN UKRAINE
Article 42. Employment of Foreigners and Stateless Persons in Ukraine
1. Employers have the right to employ foreigners and stateless persons on the territory of Ukraine based on a permit issued by the territorial bodies of the central executive body implementing the state policy in the field of employment and labor migration.
The issuance and extension of work permits for citizens of the Russian Federation, the Republic of Belarus, and other states recognized as posing a threat to state sovereignty, territorial integrity, democratic constitutional order, and other national interests of Ukraine are carried out in coordination with the regional bodies of the Security Service of Ukraine.
The Cabinet of Ministers of Ukraine approved the technical description and sample form of the permit to employ foreigners and stateless persons in Ukraine.
2. Foreigners and stateless persons may be employed in various positions by one or more (two or more) employers, provided that each employer obtains a permit for the employment of foreigners and stateless persons in Ukraine (from now on referred to as the permit).
Foreigners and stateless persons may be employed without a work permit in part-time positions with the same employer if the employment contract term for the part-time position does not exceed the term of the work permit for the main place of employment.
3. A foreigner or stateless person may combine work in the position specified in the permit with work in the position of a temporarily absent employee, provided that the combination lasts no more than 60 calendar days during a calendar year.
4. Foreigners and stateless persons can carry out investments, foreign economics, and other activities in Ukraine by the law.
5. Foreigners and stateless persons may not be appointed to a position or engage in labor activity if, by the law, appointment to the relevant position or performance of the appropriate type of activity is related to the citizenship of Ukraine unless otherwise provided by international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine.
6. Employment is carried out without the permission provided for in this Article:
1) foreigners and stateless persons permanently residing in Ukraine;
2) foreigners and stateless persons who have been granted refugee status by the laws of Ukraine or have obtained a permit to immigrate to Ukraine;
3) foreigners and stateless persons who have been recognized as persons in need of complementary protection or granted temporary protection in Ukraine;
4) representatives of foreign marine (river) fleets and airlines that serve such companies in Ukraine;
4-1) persons who are recognized as stateless by the central executive body that implements the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law;
5) employees of foreign media accredited to work in Ukraine;
6) athletes who have acquired professional status, artists and art workers to work in Ukraine in their specialty;
7) employees of emergency services to perform urgent work;
8) employees of foreign representative offices registered in Ukraine by the procedure established by law;
9) clergy members who are foreigners and temporarily stay in Ukraine at the invitation of religious organizations to carry out canonical activities only in such organizations with the official approval of the body that registered the charter (regulations) of the relevant religious organization;
10) foreigners and stateless persons who arrived in Ukraine to participate in the implementation of international technical assistance projects;
11) foreigners and stateless persons who have arrived in Ukraine to carry out teaching and research activities in professional pre-higher and higher education institutions at their invitation;
12) other foreigners and stateless persons in cases stipulated by the laws and international treaties of Ukraine, ratified by the Verkhovna Rada of Ukraine.
7. The engagement of highly qualified foreign specialists and workers, the need for which is significant for the national economy, is carried out on the grounds specified by the Law of Ukraine "On Immigration."
Article 42-1. Grounds for obtaining or extending the permit
1. The permit shall be issued or extended for the following categories of persons unless otherwise provided by the law and international treaties of Ukraine, ratified by the Verkhovna Rada of Ukraine:
1) foreign employees;
2) seconded foreign employees;
3) intra-corporate assignees;
4) 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;
5) persons who have applied for recognition as a stateless person and persons who appeal against a decision to refuse recognition as a stateless person;
6) foreigners and stateless persons who have arrived in Ukraine to study at higher education institutions and intend to work in Ukraine during the period of study and after graduation, provided they are employed no later than 30 calendar days before the completion of their studies.
Article 42-2. List of documents for obtaining a permit or extending its validity
1. To obtain the permit, the employer shall submit the following documents:
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 the citizenship of Ukraine and does not require access to state secrets by the law;
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 issue 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 issue documents to resolve the issue of recognition as a refugee or a person in need of complementary protection; persons such as
3) a color photograph of a foreigner or stateless person measuring 3.5 x 4.5 centimeters;
4) a draft employment agreement (contract) or gig contract with a foreigner or stateless person certified by the employer (except for seconded foreign employees);
5) a copy of a foreign economic agreement (contract) concluded between a Ukrainian and a foreign business entity that provides for the employment of foreigners and stateless persons sent by a foreign employer to Ukraine to perform a certain amount of work (render 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 foreign business entity's decision to transfer the foreigner or stateless person to work in Ukraine, specifying the period of his/her employment, and a copy of the employment agreement (contract) concluded by the Ukrainian business entity with the foreigner or stateless person (for intra-corporate assignees);
7) 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);
8) 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);
9) a copy of the order of the higher education institution of Ukraine on enrolment and establishment of study periods for foreign or stateless students; written consent of the higher education institution of Ukraine (in any form) on 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 duly certified copy of a higher education document (for foreigners or stateless persons who arrived in Ukraine to study at higher education institutions and intend to work in Ukraine during the period of study and after graduation, provided they are employed no later than 30 calendar days before the end of their studies).
2. To extend the permit, the employer shall submit the following documents:
1) an application in the form established by the Cabinet of Ministers of Ukraine;
2) a photograph of a foreigner or stateless person measuring 3.5 x 4.5 centimeters;
3) documents by the list for obtaining a permit in case of changes in information in them.
3. The employer shall attach to the application and documents provided in parts one and two of this Article a document on payment of the fee for issuing or extending the permit.
4. The application and documents for obtaining or extending the permit, amending the permit, or canceling the permit shall be submitted to the territorial body of the central executive body implementing the state policy in the field of employment and labor migration in person by the employer or his/her authorized representative in paper or electronic form in one of the following ways:
1) in person during the reception of the applicants by officials;
2) by sending a postal item with a list of attachments;
3) through the employer's electronic cabinet on the official website of the territorial body of the central executive body implementing the state policy in the field of employment and labor migration or other state electronic systems of online services using an electronic signature and undergoing a verification procedure;
4) through an administrative service center;
5) through the Unified State Web Portal of Electronic Services, including through the information systems of state and local self-government bodies integrated with it (if technically possible).
5. The territorial body of the central executive body implementing the state policy in the field of employment and labor migration independently receives information:
1) from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organisations on the status of the employer as a legal entity or individual entrepreneur;
2) whether the employer has the status of a Diia City resident;
3) on the direct participation of a foreigner or stateless person in repelling and deterring the armed aggression of the Russian Federation against Ukraine - from the central executive body that ensures the formation and implementation of state policy on national security in the military, defense, and military construction sectors in peacetime and special periods.
6. The documents provided for in this Article issued abroad shall be legalized by the established procedure unless otherwise provided by international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine.
Documents drawn up in a foreign language must be translated into Ukrainian, and the authenticity of the translator's signature must be notarized.
7. Officials of the territorial body of the central executive body implementing the state policy in the sphere of employment and labor migration are prohibited from demanding documents from employers not provided by this Law.
Article 42-3. Term of validity of the permit
1. 1. The permit is issued for a fixed term:
1) the validity of a foreign economic agreement (contract) concluded between a Ukrainian and a foreign business entity, but for no more than three years - for seconded foreign employees;
2) the effect of a decision of a foreign business entity to transfer a foreigner or stateless person to work in Ukraine and an employment agreement (contract) concluded by a Ukrainian business entity with a foreigner or stateless person, but not for more than three years - for intra-corporate assignees;
3) validity of a certificate on applying for protection in Ukraine or a standardized certificate on applying for statelessness, but not more than for one year - 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; persons appealing 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 or are appealing 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. The validity of the permit may be extended in case of prolongation of such a certificate;
4) the validity of the employment agreement (contract), but not more than one year during the period of study - for foreigners and stateless persons who arrived in Ukraine to study at higher education institutions and intend to carry out labor activity in Ukraine during the period of study and after graduation, provided that they are employed no later than 30 calendar days before the completion of their studies;
5) the validity of the employment agreement (contract) or gig contract, but not for more than two years - for all other foreign employees and gig workers.
2. If there are grounds for extension, the permit shall be extended by the procedure established by this Law.
3. The employer shall have the right to specify in the application for permit issuance a shorter period than that provided for by this Law.
A permit may not be issued for a shorter period than specified in the relevant application and within the time limits provided by this Law.
Article 42-4. Fee for issuance or extension of the permit
1. The fee for issuing a permit is:
1) for permits issued for a period of up to six months inclusive - three subsistence minimums for able-bodied persons established by law as of 1 January of the calendar year in which the employer or his/her authorized representative submitted the documents;
2) for permits issued for a period of six months to one year inclusive - five subsistence minimums for able-bodied persons established by law as of 1 January of the calendar year in which the employer or his/her authorized representative submitted the documents;
3) for permits issued for a period of one to two years inclusive - eight subsistence minimums for able-bodied persons established by law as of 1 January of the calendar year in which the employer or his/her authorized representative submitted the documents;
4) For permits issued for a period of two years to three years, including ten subsistence minimums for able-bodied persons established by law as of 1 January of the calendar year in which the employer or his/her authorized representative submitted the documents.
The fee for extending the permit is reduced by one subsistence minimum from the fee for issuing the permit for the relevant period.
2. In case the territorial body of the central executive body implementing the state policy in the field of employment and labor migration decides to refuse to issue or extend the permit, the funds paid by the employer for issuing or extending the permit shall be refunded by transferring them to the employer's current account no later than 10 working days from the date of the relevant decision.
3. The permit issuance or extension fee shall be credited to the budget of the Compulsory State Social Insurance Fund of Ukraine for Unemployment.
4. 4. Work permits are issued and extended free of charge:
1) 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, and 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;
2) foreigners and stateless persons who have arrived in Ukraine to study at higher education institutions and intend to work in Ukraine during the period of study and after graduation, provided they are employed no later than 30 calendar days before the completion of their studies;
3) persons who have applied for recognition as a stateless person and persons who appeal against a decision to refuse recognition as a stateless person;
4) foreigners or stateless persons who directly participated in repelling and deterring the armed aggression of the Russian Federation against Ukraine.
Article 42-5. Amendments to the permit, issuance of a duplicate permit
1. The employer is obliged to apply to the territorial body of the central executive body implementing the state policy in the field of employment and labor migration for amendments to the permit in case of one of the following circumstances:
1) change of the name of the legal entity-employer, reorganization or spin-off of the legal entity-employer, change of the name and/or surname and/or patronymic of the individual entrepreneur who is the employer;
2) issuance of a new passport document of a foreigner or stateless person, including in case of change of name and/or surname and/or patronymic of a foreigner or stateless person;
3) change of the title of the position of a foreigner or stateless person, transfer to another position with the same employer within the period for which the permit was issued.
To change the permit, the employer applies to the form specified by the Cabinet of Ministers of Ukraine.
2. The employer shall apply amendments to the permit together with the application:
1) in case of a change of the name and/or surname and/or patronymic of an individual entrepreneur who is an employer, a copy of the passport of an individual entrepreneur who is an employer;
2) in case of circumstances provided for in clause 2 of part one of this Article, 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;
3) in case of circumstances provided for in clause 3 of part one of this Article, a copy of the new version of the employment agreement (contract) or a copy of an additional agreement on amendments to the employment agreement (contract).
The territorial body of the central executive body implementing the state policy in the field of employment and labor migration independently obtains confirmation of the change of the name of the legal entity-employer, reorganization or spin-off of the legal entity-employer from the Unified Register of Legal Entities, Individual Entrepreneurs and Public Organisations.
3. The employer is obliged to apply to the territorial body of the central executive body implementing the state policy in the field of employment and labor migration with a request to amend the permit no later than 30 days after the circumstances specified in part one of this Article.
An employer who fails to apply to the territorial body of the central executive authority implementing the state policy in the field of employment and labor migration with an application for amendments to the permit within the time limit established by this part shall be liable by the law.
4. In case of a permit loss, the employer shall notify the territorial body of the central executive body implementing the state policy in the field of employment and labor migration that issued the permit.
A duplicate of the lost permit is issued if the employer applies for a duplicate permit to the territorial body of the central executive body implementing the state policy in the field of employment and labor migration, drawn up in any form.
If the permit is damaged, a duplicate is issued by the territorial body of the central executive body implementing the state policy in the field of employment and labor migration, provided that the employer submits a relevant application together with the damaged permit.
The territorial body of the central executive authority implementing the state policy in the field of employment and labor migration shall, within seven working days from the date of receipt of the documents from the employer, decide on issuing a duplicate permit and issue such a duplicate.
The territorial body of the central executive body that implements the state policy in the field of employment and labor migration shall inform the central executive body that implements the state policy in the field of protection of the state border and protection of sovereign rights of Ukraine in its exclusive (maritime) economic zone about its issuance within three days from the date of the decision to issue a duplicate permit, and the territorial body of the central executive body that implements the state policy in the areas of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, which issued the temporary residence permit.
5. No fee is charged for amending or issuing a duplicate permit.
Article 42-6. Term of consideration of applications for issuance, extension, or amendment of the permit
1. The territorial body of the central executive authority implementing the state policy in the field of employment and labor migration shall make a decision within the following timeframe from the date of registration of the relevant application:
up to seven working days - on the issuance of a permit;
up to three business days - to extend the permit or make changes.
The timeframe for processing applications for a permit, extension of a permit, or amendments to it is extended in the case of submitting an employment application:
a citizen of the Russian Federation, a citizen of the Republic of Belarus, as well as other states, recognized as posing a threat to state sovereignty, territorial integrity, democratic constitutional order, and other national interests of Ukraine - until the approval of the regional body of the Security Service of Ukraine is granted or refusal to grant such approval;
a foreigner or stateless person who directly participated in repulsing and deterring the armed aggression of the Russian Federation against Ukraine - until the central executive body that ensures the formation and implementation of state policy on national security in the military, defense, and military construction sectors in peacetime and special periods provides the information.
2. The employer shall submit an application for an extension of the permit to the territorial body of the central executive body implementing the state policy in the field of employment and labor migration not later than 20 and not earlier than 50 calendar days before the expiry of such permit.
Article 42-7. Procedure for accepting applications for issuance, extension, and amendment of the permit and procedure for making decisions on issuance, extension, and amendment of the permit
1. The territorial body of the central executive body implementing the state policy in the field of employment and labor migration shall provide the employer with a list of accepted documents immediately after receiving the application for issuance of a permit, application for extension of the permit, application for amendments to the permit (hereinafter - the application) and documents submitted together with the relevant application (if submitted by the employer in person during the reception of the application by officials).
2. The territorial body of the central executive body implementing the state policy in the field of employment and labor migration shall, within the next business day after the registration of the application, check the application and the documents attached thereto for the presence of grounds for suspending the consideration of the application.
3. In the absence of the grounds stipulated by part three of Article 42-8 of this Law, 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 and, within two working days from the date of its adoption, publish the relevant information on its official website and notify the employer by electronic communication.
The territorial body of the central executive body that implements state policy in the field of population employment and labor migration informs the central executive body that implements state policy in the field of state border protection of the adopted decisions in electronic form within three working days on the basis of agreements on the exchange of information and protection of the sovereign rights of Ukraine in its exclusive (maritime) economic zone, the central body of the executive power, which implements state policy in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public safety and order, the central body of the executive power , which implements state policy on issues of supervision and control over compliance with legislation on labor, population employment, a territorial body of the central executive body, which implements state policy in the areas of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship , registration of individuals, refugees and other legally defined categories of migrants, and the central body of executive power, which ensures the formation and implementation of state policy in the field of external relations.
4. The employer is obliged to conclude an employment agreement (contract) with a foreigner or stateless person no later than 90 calendar days from the date of issuance of the permit and provide a copy of it certified by the employer within ten days after the conclusion of the employment agreement (contract) to the territorial body of the central executive body implementing the state policy in the field of employment and labor migration.
Article 42-8. Suspension of consideration of applications for issuance, extension of the permit, amendments to the permit
1. If the grounds for suspension of the application consideration are established, the territorial body of the central executive body implementing the state policy in the sphere of employment and labor migration shall, no later than the next business day, make a decision on suspension of the application consideration, which shall specify the grounds for its adoption. Information on the decision shall be published on the official website of the territorial body of the central executive body implementing the state policy in the field of employment and labor migration within two business days from the date of its adoption and sent to the employer by electronic means.
The employer must submit documents to eliminate the grounds for suspending the application's consideration within the time limits specified in part two of this Article.
2. Consideration of the application shall be suspended to eliminate the grounds set forth in the relevant decision for a period of seven business days from the date of the decision to suspend consideration of the application for issuance and three business days for the application for extension of the permit or amendment thereof.
3. The grounds for suspension of the application are:
1) submission of documents on behalf of the employer by a person who is not authorized to do so;
2) submission of documents or information specified by this Law along with the application in an incomplete manner;
3) non-compliance of the application and/or documents submitted with the application with the requirements established by this Law, preparation of the application in a different form;
4) inaccurate data in the application or documents submitted with the application;
5) non-compliance with the terms of the draft employment agreement (contract) with a foreigner or stateless person or the terms of an additional agreement on amendments to the employment agreement (contract) with the labor legislation of Ukraine.
The application may not be suspended for reasons not provided for in this Article.
Technical errors made in the application or documents attached thereto that do not affect the document's content and its unambiguity shall not be grounds for suspending the consideration of the application. For the purposes of this Article, technical errors shall include spelling, syntax, grammatical errors, typographical errors, and other obvious errors that do not distort the content of the application or document.
4. After submission of documents on elimination of grounds for suspension of consideration of the application within the period established by part two of this Article, consideration of the application shall be resumed.
If the employer has not eliminated all the remarks of the territorial body of the central executive body implementing the state policy in the field of employment and labor migration, which suspended the consideration of the application, the employer, together with the replacement documents, shall also submit a motivation letter on the reasons for rejecting the remaining remarks of the territorial body of the central executive body implementing the state policy in the field of employment and labor migration.
5. From the date of submission of replacement documents and a motivation letter on the reasons for rejecting the remaining comments of the territorial body of the central executive body implementing the state policy in the field of employment and labor migration (if necessary), the application consideration period established by Article 42-6 of this Law shall be extended taking into account the time elapsed before its suspension.
Article 42-9. Refusal to issue, extend, or amend a permit
1. The grounds for refusal to issue, extend, or amend the permit are:
1) failure to eliminate the grounds for suspending the consideration 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;
2) submission of an application and documents for extension of the permit in violation of the time limit stipulated by part two of Article 42-6 of this Law;
3) absence of information about the employer in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations 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;
4) 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 (within one year from the date of the decision to cancel).
The above provision does not apply in cases where the employer has applied for a permit for another foreigner or stateless person;
5) cancellation of the permit on the grounds provided for in paragraphs 5, 9, and 10 of part two of Article 42-10 of this Law (within one year from the date of the decision to cancel);
6) refusal of a 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 posing a threat to state sovereignty, territorial integrity and democratic constitutional order and other national interests of Ukraine.
2. The decision to refuse to issue, extend, or amend the permit shall contain a list and description of the grounds (justification) for refusal.
3. Refusal to issue, extend, or amend the permit on the grounds not provided for in this Article is not allowed.
Article 42-10. Cancellation of a permit
1. The employer is obliged to apply to the territorial body of the central executive body implementing the state policy in the field of employment and labor migration for cancellation of the permit in such circumstances:
1) an employment agreement (contract) or gig contract with a foreigner or stateless person has been terminated;
2) the execution of an agreement (contract) concluded between a Ukrainian and a foreign business entity in connection with which a foreigner or stateless person was sent has been terminated;
3) The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by law, has decided to recognize a foreigner or stateless person as a refugee, a person in need of complementary protection, or a stateless person.
2. The territorial body of the central executive body implementing the state policy in the sphere of employment and labor migration shall cancel the issued permit in case of:
2) failure by the employer to submit a copy of the employment agreement (contract) concluded with a foreigner or stateless person to the territorial body of the central executive body implementing the state policy in the field of employment and labor migration within the time limit established by this Law if submission of such a copy is mandatory in accordance with this Law;
3) submission by the employer of a written application for cancellation of the permit under the circumstances provided for in paragraphs 1-3 of part one of this Article, or identification of such circumstances by the territorial body of the central executive body implementing the state policy in the field of employment and labor migration;
4) identification of inaccurate data in the documents submitted by the employer, which could not be detected during the application process;
5) a decision on the forced return or forced expulsion of a foreigner or stateless person adopted in accordance with Articles 26 and 30 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons";
6) establishing the fact that a foreigner or stateless person is employed on terms other than those specified in the permit or by another employer (except for part-time work in accordance with paragraph two of part two of Article 42 of this Law and combining positions in accordance with part three of Article 42 of this Law);
7) failure by a foreigner or stateless person to exercise the right to appeal against a decision of the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, on the refusal of recognition as a refugee or a person in need of complementary protection or a stateless person, or in case of final decision on refusal of recognition as a refugee or a person in need of complementary protection, on the refusal of recognition as a stateless person;
{Clause 7 of part two of Article 42-10 as amended by Law No. 693-IX of 16.06.2020 - for entry into force, see paragraph 1 of Section II}
8) the entry into force of a court verdict of guilty, according to which a foreigner or stateless person is convicted of a criminal offense;
{Clause 8 of part two of Article 42-10 as amended by Law No. 720-IX of 17.06.2020}
9) 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, within the limits of its powers, ensures compliance with the requirements of the legislation on the legal status of foreigners and stateless persons, signed by the head of the body, if the actions of the foreigner or stateless person violate the legislation on the legal status of foreigners and stateless persons or contradict the interests of ensuring national security of Ukraine or protection of public order, or if it is necessary for
10) failure by the employer, according to the register of insured persons of the State Register of Compulsory State Social Insurance, to pay a single contribution to compulsory state social insurance for a person whose work permit has been obtained within two months from the date of conclusion of an employment agreement (contract) with a foreigner or stateless person, except as provided by law.
The employer's payment of the unified social tax is monitored by the territorial body of the central executive body implementing the state policy in the field of employment and labor migration through the exchange of data with the Pension Fund of Ukraine;
11) receiving information from a Ukrainian higher education institution on the expulsion of a foreigner or stateless person from such an institution.
3. The territorial body of the central executive authority implementing the state policy in the sphere of employment and labor migration shall decide to cancel the permit within three days from the date of receipt of information or discovery of circumstances provided for in parts one and two of this Article.
Information on the cancellation of the permit shall be published by the territorial body of the central executive body implementing the state policy in the field of employment and labor migration on its official website within two business days from the date of the relevant decision and sent to the employer by electronic means. 4. The territorial body of the central executive body that implements the state policy in the field of population employment and labor migration, within three working days, in electronic form, on the basis of information exchange agreements, notifies the cancellation of the permit of the central executive body that implements the state policy in the sphere of protection of the state border and protection of the sovereign rights of Ukraine in its exclusive (maritime) economic zone, the central body of executive power, which implements state policy in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, countering crime, maintaining public safety and order, the central body of the executive power, which implements the state policy on issues of supervision and control over compliance with the legislation on labor, employment of the population, and the territorial body of the central body of the executive power, which implements the state policy in the spheres of migration (immigration and emigration), including countermeasures against illegal (illegal) migration, citizenship, registration of natural persons, refugees and other legally defined categories of migrants.
This page explains how to issue a work permit for a foreigner quickly and easily.
Consultations and services only from experienced and leading migration specialists!
Legal Department of STATUS KO Company
Edit from 19.07.2024.