Today, more and more Ukrainian employers use the work of foreign specialists in their activities. Over the last 10 years, the legislation of Ukraine in the field of the permit system, including obtaining a work permit for foreign specialists, has changed significantly in the direction of liberalization. All this was facilitated by the titanic efforts of both employers and a number of objective factors.
Permission to use the work of a foreigner (employment permit) should be understood as a document that gives the employer the right to temporarily use the work of a foreigner in the manner prescribed by current legislation of Ukraine.
Having decided to get a job in Ukraine, first of all, you need to solve all issues related to the legality of employment of a foreigner in accordance with the laws of Ukraine, so that neither you nor your employee have problems with regulatory authorities, especially with the tax service and migration service.
It should be noted that compared to the previous 5 years, as of today, the number of documents that must be submitted to the relevant authority to obtain a permit has been significantly simplified, which has led to a reduction in financial and time costs for obtaining such a document.
The body of state power that issues permits for the employment of foreigners is the State Employment Center and its structural subdivisions.
Therefore, having decided to obtain a work permit for a foreigner, the employer submits to the relevant employment center, the following documents:
1) an application in the form established by the Cabinet of Ministers of Ukraine;
2) copies of the pages of the foreigner's passport together with the translation into Ukrainian, certified in accordance with the established procedure;
3) a color photograph of a foreigner measuring 3.5x4.5 centimeters;
4) a copy of the draft employment agreement (contract) with a foreigner, duly certified by the employer.
To date, the current legislation defines a separate category of foreigners to whom additional documents should be provided. These are graduates of foreign universities, foreign workers of creative professions, seconded foreign workers, persons with refugee status or a person in need of additional protection, etc.
The above list of documents is exhaustive, and any request by the employees of the employment center to provide any other documents (or additional) is illegal.
We would like to draw your attention to the fact that any documents issued abroad and submitted for a work permit must be legalized in Ukraine in the prescribed manner, unless otherwise provided by international treaties of Ukraine, the consent to which is binding. The Verkhovna Rada of Ukraine.
For how long is a foreigner's employment permit issued?
The current legislation clearly defines the validity of permits. Thus, a work permit for a foreigner or a stateless person is issued for the period:
1) the effect of the employment agreement (contract), but not more than for three years - for special categories of foreigners;
2) validity of the agreement (contract) concluded between Ukrainian and foreign business entities, but not more than for three years - for posted foreign workers;
3) actions of a decision of a foreign business entity to transfer a foreigner or a stateless person to work in Ukraine under a contract concluded between a foreigner and a foreign business entity, to transfer to work in Ukraine - for internal corporate assignees;
4) the effect of the employment agreement (contract), but not more than for one year - for all other foreign employees.
In this case, the validity of the employment permit may be extended an unlimited number of times. ;
How long will it take to obtain a work permit for a foreigner and a stateless person?
If you have prepared a complete package of documents required to obtain a work permit, and submitted it in the prescribed manner, if there are no grounds for refusal to issue a permit and compliance with the documents submitted by the employer, the employment center decides to grant you a work permit. within 7 (seven) working days, and sends a notification to the postal address. After receiving such a notice of granting a work permit to a foreigner, the employer is obliged to pay an administrative fee, and only then will you receive the long-awaited permit.
What is the amount of payment forthe issuance of a work permit for a foreigner?
Today, the amount of payment for the issuance of a work permit for a foreigner is determined based on the statutory January 1 calendar year in which the employer submitted the documents, the size of the subsistence minimum for able-bodied persons and is:
1) for permits issued for a period of one to three years - six subsistence minimums, which as of 01.01.2021 is 13 620 hryvnias;
2) for permits issued for a period of six months to one year inclusive - four subsistence minimums, which as of 01.01.2021 is UAH 9080;
3) for permits issued for a period of up to six months - two subsistence minimums, which as of 01.01.2021 is 4540 hryvnias.
The decision to issue an employment permit is sent by mail to the address of the employer or delivered by hand. After receiving the decision on the issuance of a work permit, the employer within 10 working days from the date of receipt of such a decision, pays into the appropriate account of the employment center. If the employer has not paid within 10 working days from the date of the decision to issue a permit, such a decision is revoked.
After obtaining the permit, the employer is obliged to conclude an employment agreement (contract) with a foreigner or a stateless person no later than 90 calendar days from the date of issuance of the permit, and within ten days after concluding the employment agreement (contract) to provide a copy certified by the employer. employment center.
The above is an attempt to explain to you the main points of obtaining a work permit for foreigners and stateless persons to understand how it is possible and what needs to be done for this. However, in each case (appeal) there are nuances associated with different circumstances of obtaining such a document, which must be taken into account. In this regard, for advice and assistance, you should contact our specialists, who have already eaten their teeth in this case and will definitely help you.
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Sincerely, Law Firm «Adalet»
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