To hire a non-resident Ukrainian employer has to get a work permit for this person. If a company fails to get this permit it will bear a responsibility in a form of a fine (20 minimum salaries). The State Employment Service of Ukraine issues such permit. It is issued for a concrete person occupying a concrete position in the company, and is valid during 1 year with a possibility of annual prolongation. The entire procedure has many nuances connected with obligatory actions and terms, during which these actions are to be done. Thus, there may be a necessity to ask professional lawyers for help.
Peculiarities of work permit obtaining
Fifteen days before submitting documents for a work permit an employer has to submit to the State Employment Service information that there is a demand for the profession the foreigner will occupy. This information is to be approved during 15 days. Then the employer can submit the rest of the documents. The State Employment Service will examine them and afterwards, if they make a positive decision concerning the work permit, the employer has to pay a state fee (4 minimum salaries). Only if the fee is paid the State Employment Service issues the very work permit to the employer. Foreigners can be appointed for leadership positions if they are founders or cofounders of the Ukrainian company that employs them. The work permit is a legal basis for obtaining a temporal residence permit that may be also prolonged annually. One should keep in mind that an application for work permit prolongation is to be submitted not later than 20 days before the expiation date.
The list of documents needed
- Copy of diploma or other document of education of the potential employee;
- A copy of his passport;
- Two photos 35 x 45 mm on matte paper;
- Medical certificates;
- Certificate confirming that the position the foreigner is going to occupy is not connected with the state secret (with the signature and seal of the employer);
- Certificate of previous conviction absence (non-conviction certificate);
- Translation of these documents into Ukrainian (must be legalized or apostilled if needed).
Moreover, other documents may be necessary: statutory documents of the company-employer, power of attorney (if the documents are submitted by a representative), and others – their exhaustive list depends on separate cases.
An example of application that is also to be filled in and submitted to the State Employment Service, may be found on the Internet or be given by the officials of the Service.
After receiving your work permit, do not hesitate to start the procedure of temporal residence permit obtaining.
Frequently asked qestions by foreigners while obtaining a work permit:
– Can foreigner get appostille for diploma in Ukraine which is required for work permits for foreigners?
The procedure of getting apostille documents is carried out only in the country of origin of the foreigner. To get appostille for document from another country in Ukraine is impossible.
– Are all categories of foreigners, including directors of companies required to submit a diploma of education to obtain a work permit?
Yes, all foreigners applying for work permit must provide duly certified copy of education.
– Does the foreigner shall to file two Clearance (non-conviction certificates) for obtaining a work permit, one from the country of origin and one from Ukraine?
Foreigner takes only a certificate of good conduct, a foreigner at the time of filing for a work permit is located in the Ukraine, it is sufficient Clearance issued in Ukraine; and if he gives permission to work remotely, you need to properly attested certificate of good conduct from the country of the foreigner.
– Can the family members of a foreigner who received a residence permit to be eligible for accommodation in Ukraine?
Yes, the wife and children of a foreigner who is in Ukraine on the basis of a work permit have the right to also get a temporary residence permit for the duration of the work permit.
We stress the point that getting work permit is one of the most responsible immigration law issues. Any mistake, any detail or inaccuracy may cause the refusal and waste your time. That is why the best solution is to use professional help of “Bachynskyy, Kolomiets and partners” and make safe from any possible problems. Call us +380960020100