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

The seasonal employment of foreigners in Ukraine is an important and relevant topic for employees and employers. Every year, our country attracts thousands of foreign nationals to work in agriculture, construction, tourism, manufacturing, and other industries that require temporary labor. These workers perform seasonal work or require additional staffing during specific periods of the year.

Why do foreigners choose Ukraine?

The main reason is the opportunity to receive competitive salaries, often higher than in their home countries, especially in less developed economies. In addition, Ukraine has pretty simple requirements for obtaining work permits, contributing to the increase in foreign seasonal workers.

Why is it beneficial for Ukrainian employers?

Due to labour shortages in specific business areas, many companies face a shortage of employees, especially during peak periods. Owners of agricultural enterprises, tourist complexes, and construction companies often consider hiring foreigners as an effective solution to fill vacancies.

However, even for seasonal foreigner employment, compliance with the requirements established by law is necessary, as the illegal use of foreign labor may result in fines and other sanctions. For a foreign citizen to work officially in Ukraine, he or she must obtain a work permit issued by the State Employment Service.

The procedure for obtaining such a permit has its peculiarities:

• The list of documents to be submitted is defined.
• The timeframe for reviewing an application is set.
• Fixed state fee for registration.
• Requirements for employers to ensure working conditions.

How can mistakes be avoided when obtaining a work permit? What documents do I need to prepare? How much does it cost? What are the consequences for the employer in case of violation of the procedure?

In this article, I, Oleg Kuzmenkov, Director of Status Ko Law Firm, will explain in detail how to properly obtain a seasonal work permit in Ukraine so that you can avoid unnecessary risks and follow the law.

If you are planning to work in Ukraine or are looking for seasonal work for foreign workers, this article will help you understand all the legal nuances. So, let's get started!

1. Who can obtain a work permit?

Ukraine's labour market is becoming increasingly open to foreign workers, especially in seasonal work. However, the employment of foreigners is regulated by special legislation, and not every foreign citizen can work in our country without hindrance.

Categories of foreigners who can work in Ukraine

According to the Law of Ukraine "On Employment of the Population", an employer must obtain a work permit to employ a foreigner, and a stateless person must officially hire a foreigner. This document is required in most cases, but there are categories of persons who do not need it.

Foreigners who can work in Ukraine based on a work permit:

✔ Seasonal workers - persons engaged in seasonal temporary work (agriculture, construction, tourism, etc.).

✔ Employees of enterprises with foreign investments - persons engaged to work in Ukrainian companies with foreign capital.

✔ Foreign specialists who are challenging to replace in the Ukrainian labor market - highly qualified specialists whose employment is appropriate given the shortage of personnel in a particular area.

Who can work without a permit?

Not all foreigners are required to obtain a work permit. By the Law of Ukraine, "On the Legal Status of Foreigners and Stateless Persons", foreigners can work without a work permit:

✔ Persons permanently residing in Ukraine (holding a permanent residence permit).

✔ Foreigners who have been granted refugee status or have additional/temporary protection.

✔ Diplomats and employees of international organizations - if their activities are related to implementing international agreements.

✔ Journalists of accredited foreign media - if they work in correspondent offices.

✔ Representatives of foreign companies - if they perform specific duties within the framework of international activities.

Restrictions on the employment of foreigners

Not every foreigner has the right to work in Ukraine, even if they have obtained a work permit. For example, foreigners may not hold public office or work in organizations that require Ukrainian citizenship.

In addition, citizens of certain countries may face additional restrictions. For example, if Ukraine recognizes a foreigner's country of origin as posing a threat to national security, obtaining a permit may require the approval of the Security Service of Ukraine.

Thus, before you start applying for a work permit, you should make sure that the employee is eligible to work in Ukraine. The following section will review the documents required for a seasonal work permit.

2. Documents required to obtain a work permit

Obtaining a work permit for seasonal work is not complicated but responsible. Mistakes or the absence of the necessary paperwork can cost a foreign worker a refusal and an employer time, money, and the opportunity to hire a specialist legally. Therefore, it is important to prepare the documents correctly and know all the nuances of the procedure.

Imagine that you have found the perfect worker—for example, an experienced berry picker from Uzbekistan or a skilled builder from Turkey. He's ready to come, and you're ready to hire him, but without an official work permit, nothing will work. So, what do you need to get it?

First step: prepare a package of documents

To begin with, it should be remembered that the employer, not the employee, applies for a work permit for a foreigner. Therefore, all documents are submitted on behalf of the company or farm that invites the foreigner.

The primary documents to be collected:

• An application from the employer is a standard document that specifies the company's data, the foreigner's position, working conditions, and the period for which the permit is issued.
• It is essential to have a high-quality copy of the foreigner's passport translated into Ukrainian and notarized.
• A 3.5 × 4.5 cm photo is a standard passport photo attached to the application package.
• A draft employment agreement is one of the key documents confirming the intention to employ. It must comply with Ukrainian law and contain information on salary, responsibilities, and working hours.
• Receipt of administrative fee payment - without this document, the application will not be considered.

Suppose your future employee is a highly specialized specialist (for example, an agronomist, engineer, or IT expert). In that case, you may need a document confirming their qualifications - a diploma, certificate, or other document confirming their professional skills.

Additional nuances worth knowing about

✔ Documents issued abroad must be translated and certified. If a foreigner has received a diploma in Poland or Serbia, the translation must be made into Ukrainian and notarised. This is often overlooked, which leads to delays in the review process.

✔ Seasonal workers can apply for a shorter period - from 3 to 9 months, depending on the specifics of their work. For example, if you are picking strawberries, you can get a permit for 4-5 months, or if you work in a tourist complex, you can get a permit for the entire season.

✔ Do citizens of countries with a visa-free regime need to obtain a work permit? Yes, even if a foreigner can enter Ukraine without a visa, this does not give them the right to work without a work permit.

✔ Additional checks for citizens of certain countries. If a foreigner arrives from a country that Ukraine recognizes as potentially risky in terms of security, the employer must obtain additional approval from the Security Service of Ukraine.

Where do I submit my documents, and how is the review process carried out?

When all the papers are collected, they must be submitted to the State Employment Service of Ukraine. This can be done in person or through a proxy, and in some regions, even through an online system.

The review process takes an average of 7-10 working days, after which the employer receives a decision: either a work permit or a refusal (with a clear justification of the reasons).

If everything is done correctly, a foreign employee can officially work in Ukraine without any problems. But what should you do if the work permit is denied? We'll discuss this in the next section!

3. How do you submit documents and avoid bureaucratic traps?

You're in the final stretch: the documents are ready, the employee is prepared to start work, and the employer is ready to sign the contract. All that remains is to apply for a work permit officially. At this stage, many people are in for a major surprise: the Ukrainian bureaucratic machine can work quickly and accurately or create many obstacles. How do you do everything right the first time? Let's find out.

Where to apply: how to avoid getting lost in the bureaucratic labyrinth

Document submission is not just "somewhere in a state institution." Everything is quite structured. Work permits for foreigners in Ukraine are issued by the State Employment Service, but documents can be submitted to any employment center, regardless of the employer's place of registration. This means that you can choose where to apply, which is often convenient.

How can I apply?

The modern world allows us not to stand in queues. So, there are several ways to submit documents:

• In-person: the employer's representative (or proxy) brings the documents to the employment center. This classic option allows you to get a quick response but may require an appointment.
• By mail: You can send a package of documents by registered mail with a list of attachments. This option is suitable for those unable to submit documents in person.
• Online: through the employer's electronic cabinet on the official website of the employment center or other state electronic online service systems, using an electronic signature and undergoing a verification procedure. This option is for you if you have already used QES to submit tax reports.
• Through administrative service centers (ASCs): in some regions, documents can be submitted through ASCs, which can be convenient for employers.

How long does it take to get a permit?

In an ideal world, everything works quickly, but you should be prepared for 7-10 working days of waiting. If the documents are in order, you can get a response in 5 days.

But there are a few nuances:

• If a foreigner comes from a country that requires additional verification (for example, by the Security Service of Ukraine), the process can take up to 20 business days.
• If the documents are filled out with errors, you must submit the corrected package again, and the time will start over.

What can go wrong? (And how to avoid it)

If you think that you are guaranteed to be granted a work permit, I have to disappoint you. Refusals happen pretty often, and here are the main reasons why your application may be rejected:

• Errors in documents: Did you forget to note a passport translation? Did you fill out the application form incorrectly? Did you not provide all the necessary data in the agreement? Congratulations, your application will be returned for revision.

To avoid this, check the documents before submitting them. If in doubt, consult a lawyer or at least read the official explanations on the State Employment Service website.

• A foreigner does not have legal status in Ukraine: if an employee is already in the country but their visa has expired, no permit will help them.

How to avoid this: before submitting documents, make sure that the foreigner has the right to stay in Ukraine at the time of application.

• The employer has problems with the law: if the company does not pay taxes or has debts to the state, it may be denied a work permit.

To avoid this, make sure your company operates legally, pays taxes, and has no debts to the budget.

• Inadequate employee qualifications: if a foreigner does not have the necessary qualifications for the position to which he or she is to be hired, this may be grounds for refusal.

To avoid this, provide documents confirming the employee's qualifications, such as diplomas, certificates, etc.

What to do in case of refusal?

If you have been refused a work permit, do not despair. Here are some steps you can take:

• Find out the reason for the rejection: the official rejection notice must contain a justification. Study it carefully to understand what went wrong.
• Correct mistakes and re-submit documents: If the reason for the refusal is errors or incomplete documents, correct them and re-submit the application.
• Appeal the decision: if you believe the refusal was unjustified, you can appeal it administratively or in court.
• Seek advice: In complicated cases, it is worth contacting specialists in migration law to solve the problem.

Remember that attention to detail and compliance with all procedural requirements significantly increase the chances of successfully obtaining a work permit.

4. How much does a work permit cost, and how long is it valid?

Obtaining a work permit is not only about submitting documents but also about understanding the financial and time components of the process. How much will I have to pay? How long is the permit valid? Is it possible to get a refund in case of refusal? And what should I do when the permit expires? All these questions should be answered to avoid any surprises.

How much does a permit cost, and who pays for it?

Obtaining a permit is not free, but it is not prohibitively expensive either. The cost depends on the period for which the document is issued and is calculated based on the subsistence minimum for non-disabled persons set at the beginning of the year.

If an employee is needed for a short period of time—up to 6 months—the fee will be minimal, but if a work permit is issued for 2-3 years, the amount will be much higher. However, it is worth remembering that the employer, not the employee, bears these costs.

What is nice is that if you are denied a work permit, the money will be returned to your employer's account. This is an important point, as some employers fear financial risks. The main thing is that the refusal is not caused by the submission of forged or incorrectly executed documents.

For how long can a permit be issued?

Permits are issued for different periods of time - from several months to three years. It all depends on the type of work and the employer.

For example, seasonal workers usually receive a work permit for 3 to 9 months, depending on the specifics of their work.

• In agriculture, the period is usually limited to a few months, as the work lasts only during the harvest period.
• Tourism permits can be issued for 6-9 months, covering the entire season.
• Construction—If necessary, you can apply for a one-year permit, as the work can last all year round.

However, the term may be longer for other categories of employees —up to 2-3 years if they are specialists with unique skills or employees of companies with foreign investments.

How can the permit be extended so the right to work is not lost?

The most important rule is not to delay the extension. The documents for the extension must be submitted no later than 20 calendar days before the expiry of the current permit. If this deadline is missed, you will have to start the whole process from scratch, which means wasting time and money.

The renewal process is quite simple:

• A new application is submitted.
• Attach photos and updated documents if something has changed (for example, a passport or an employment contract).
• A new fee is paid for the renewal of the permit.

The good news is that the renewal cost is lower than the initial one. For example, if the initial permit costs 10 subsistence minimums, the extension will cost 9.

What happens after the permit expires?

If the work permit expires and the employer does not plan to extend it, the employee has two options:

• Leave Ukraine if there are no other grounds for legal stay.
• Obtain a new permit from another employer - if you plan to work for another company but must go through the procedure again.

If an employee stays in Ukraine without a valid work permit, it will be considered illegal employment, which may lead to deportation and a ban on entry.

Can the permit be canceled before the deadline?

Yes, in some cases, a work permit can be canceled early:

• If the employment contract is terminated, either at the employee's or the employer's initiative.
• If a violation of employment conditions is detected, for example, an employee is engaged in activities that do not correspond to the permitted position.
• If the employer no longer needs the services of a foreign worker.

This should be reported to the State Employment Service to avoid fines and other consequences.

Conclusions.

Understanding the financial and time-related nuances of obtaining a work permit helps to avoid unnecessary problems.

• The cost of the permit depends on its validity period, and if it is refused, the money is returned to the employer.
• An extension of the permit must be applied for no later than 20 days before the expiry of the current document.
• After the permit expires, you must either leave Ukraine or obtain a new work permit.
• If an employee's contract is terminated early, the relevant authorities must be notified to avoid violations.

Compliance with these simple rules will help avoid legal problems and ensure the stable work of a foreign employee in Ukraine.

In the next section, we will look at real cases and stories of employers who have successfully obtained work permits for foreigners.

5. Real cases: successful employment of foreigners in Ukraine

Employment of foreign nationals in Ukraine may seem like a complicated process, but many companies have successfully navigated this path. Let's look at real-life examples demonstrating how to properly organize the process of employing foreigners, avoid common mistakes, and ensure compliance with all legal requirements.

Case 1: An IT company hires a developer from India

The situation: Ukrainian IT company TechSoft decided to expand its team and invite a specialist from India to work on a new project.

The problem: The company had no experience issuing work permits for foreigners, and the project deadlines required the quick hiring of a specialist.

Solution: "TechSoft turned to a law firm specializing in foreign employment. The lawyers helped prepare the necessary documents and submitted them to the Employment Centre.

Result: The work permit was obtained within seven working days, and the developer from India joined the team on time.

Case 2: A restaurant invites a chef from Italy

The situation: An Italian restaurant in Kyiv invited a chef from Italy to enhance the authenticity of the dishes.

The problem: The restaurant owners were unaware of the procedure for obtaining a work permit for a foreigner and feared possible delays.

Solution: They consulted with lawyers who explained that the permit is issued for up to 2 years for foreign employees. The necessary documents were prepared and submitted, including a copy of the employment contract and a translation of the chef's passport

Result: The permit was obtained on time, and the Italian chef started working in the restaurant, which positively impacted the restaurant's reputation.

Case 3: A construction company hires workers from Turkey

The situation: Construction company BudInvest was awarded a significant contract and needed additional skilled workers. They decided to hire workers from Turkey.

The problem: The company was unfamiliar with the procedure for obtaining work permits for foreigners and feared fines for possible violations.

Solution: "BudInvest turned to a law firm to support the process. The lawyers helped prepare and submit the necessary documents to the relevant authorities.

Result: The permits were obtained on time, and Turkish workers could work legally on the construction site, ensuring the contract was completed on time.

Case 4: An agricultural company hires seasonal workers from Poland

The situation: A farming enterprise in Ukraine needed additional workers for harvest and decided to hire seasonal workers from Poland.

The problem: The company did not know how long it could obtain a permit for seasonal workers and what documents were required.

Solution: After consulting with lawyers, it turned out that a work permit for foreign employees is issued for up to 2 years. The necessary documents were prepared, including copies of the employees' passports and employment contracts

Result: The permits were obtained, and the company legally employed Polish seasonal workers throughout the harvest period.

Conclusions:

• Planning and preparation: Contacting specialists and preparing the necessary documents helps avoid delays.
• Legal support: Consultations with lawyers specializing in employing foreigners can significantly simplify the process.
• Compliance with the law: Strict adherence to the legal requirements for the employment of foreigners ensures the legality and security of the business.

Successful foreign employment in Ukraine is possible only if all procedures are properly prepared and followed. Turning to professionals and paying attention to details will help you avoid problems and ensure the effective work of foreign specialists in your company.