The employment of foreigners in Ukraine is regulated by several legislative acts that define the procedure and conditions for obtaining a work permit. There are specific requirements and restrictions for citizens of Belarus and Russia, especially in the current geopolitical situation. In this article, we will look at the specifics of obtaining a work permit for citizens of these countries, provide examples, and tell you some interesting facts.
General requirements for the employment of foreigners
Before we dive into the specifics, it is worth recalling the general requirements for employing foreigners in Ukraine. To work legally in Ukraine, foreigners need to obtain a work permit issued by the territorial bodies of the central executive authority implementing state policy in the field of employment and labor migration. The employer must submit an application and several documents, including copies of passports, photographs, and draft employment contracts.
Specific requirements for citizens of Belarus and Russia
1. Approval of the Security Service of Ukraine (SBU)
One of the leading employment features for citizens of Belarus and Russia is the need to obtain approval from the Ukraine Security Service. These countries are recognized as threatening Ukraine's state sovereignty, territorial integrity, and democratic system.
Example:
A Russian citizen, Olga received a job offer from a Ukrainian IT company. The employer submitted the necessary documents to the SSU for approval. Due to Olga's high qualifications and work experience, the SSU issued a favorable decision, and Olga could start work.
2. Extended timeframes for application processing
Applications for permits for Russian and Belarusian nationals may take longer to be processed than for other foreigners. This is due to additional checks carried out by the SSU. The standard application processing time may be extended, which should be considered when planning your employment.
An interesting fact:
According to the Ministry of Economy of Ukraine, the number of Russian and Belarusian citizens applying for work permits has increased significantly since the start of Russia's full-scale war against Ukraine. This reflects people's desire to find safer and more stable working conditions.
3. Restrictions on certain positions
Citizens of Russia and Belarus cannot hold positions that involve access to state secrets or perform duties that require Ukrainian citizenship. This means that such foreigners cannot work, for example, in government agencies, defense enterprises, or positions that involve working with confidential information.
Example:
Ivan, a Belarusian citizen, wanted to work for a Ukrainian defense company. However, he was denied a work permit due to restricted access to state secrets. Instead, he found a job in the private sector, where his skills as an engineer were highly valued.
4. Simplified procedures for highly skilled professionals
The procedure may be simplified for highly qualified specialists from Russia and Belarus with significant experience and necessary skills. For example, IT specialists, scientists, and engineers can obtain work permits more quickly thanks to the support of Ukrainian companies interested in hiring such workers.
An interesting fact:
Ukrainian IT companies recruit specialists from Belarus, where human rights and freedom of speech remain tense. Many Belarusian programmers have moved to Ukraine, where they can work in a more stable environment.
Refusal and cancellation of a permit
Reasons for refusal
- Lack of approval from the SSU: The refusal of the SSU to approve the application automatically results in the refusal to issue a work permit.
- Only a complete set of documents: The permit may be accepted if an employer or a foreigner submits an incomplete set of documents or provides false information.
- Violation of the law: Refusal is also possible in case of violating the conditions stipulated by law, such as working without permission under conditions other than those specified in the employment contract.
Reasons for cancellation of the permit
- Termination of the employment contract: If the employment contract with a foreigner is terminated, the work permit automatically expires.
- False information: Detection of false information in the submitted documents may result in the cancellation of the permit.
- Violation of working conditions: If a foreigner works under different conditions or for a different employer without a permit, the permit may be canceled.
Conclusion
Employment of Belarusian and Russian nationals in Ukraine has its peculiarities and requirements. The need to obtain approval from the Security Service of Ukraine, extended application processing time, restrictions on certain positions, and the possibility of simplified procedures for highly qualified specialists are just some of the aspects to consider. To ensure successful employment, you should comply with all legal requirements, prepare a complete set of documents, and be prepared for additional checks. If you have any questions or need further consultations, we recommend that you contact the competent migration lawyers of STATUS KO!
