Residence permit based on employment in Ukraine

According to Ukrainian law, a foreigner or stateless person may stay in the country for a limited period: a cumulative 90 days within 180 days from the date of first entry. If a non-resident needs to stay in our state for a longer period, then they need to obtain a temporary or permanent residence permit.

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How to obtain a residence permit in Ukraine on the basis of business or employment

Citizens of other countries and stateless persons can obtain a residence permit in Ukraine on the basis of employment or starting a business. To be legally employed, a foreigner must obtain a work permit from the employment center.

How to obtain a work permit

A foreigner can obtain a work permit in the following ways:

• Find a company willing to employ the foreigner and obtain an official permit for them.
• Become the founder of a company in Ukraine.
• Register their own company in the country, become its director and arrange the permit within their own company.

Categories of foreign citizens who have the right to legal employment without obtaining a permit

The state takes care of its citizens, ensuring that the use of foreign labor does not put Ukrainians at a non-competitive disadvantage. Therefore, in the legislation of Ukraine the circle of persons who can officially work in the country without obtaining a work permit is clearly defined:

• foreigners who permanently reside in Ukraine;
• citizens of other countries who have obtained a work permit in the country and a residence permit on the basis of employment;
• refugees, persons in need of permanent protection, or those who have been granted temporary protection by our state;
• employees of foreign media who are accredited to work in the country;
• clergy members;
• employees of emergency rescue services for the performance of urgent work;
• employees of representative offices of foreign companies who are employed on the basis of an official service card;
• representatives of the maritime (river) fleet, airlines, and servicing companies on the territory of Ukraine;
• employees of representative offices of foreign business entities registered with the Ministry of Economy of Ukraine;
• athletes who have acquired professional status, art workers, artists who intend to work in the country in their specialty;
• foreigners who arrived in Ukraine to participate in the implementation of international technical assistance projects;
• teachers who arrived to conduct teaching or scientific activities at universities at their invitation.

In all other cases, a work permit with a residence permit for foreigners must be obtained. This will allow them to stay legally in the country.

Grounds for employing a foreigner

Foreigners in Ukraine can work:

• as an employee – be on the company’s staff, conclude a civil-law contract, provide services under a foreign economic contract;
• act as an employer themselves – be the founder of an enterprise, register as an entrepreneur.

Rules for hiring foreigners

Rules for employing foreign citizens:

1. The employer has the right to hire a foreigner regardless of whether there are Ukrainian candidates for the vacancy. The requirement to hold a competitive selection was canceled in 2017.
2. There are restrictions on the minimum wage for foreign citizens:
   • 5 minimum wages established in Ukraine – for educational institutions, public and charitable organizations;
   • 10 minimum wages – for employees.
   These restrictions do not apply to special categories of foreigners (highly qualified specialists, IT industry workers, graduates of universities from the world’s top 100 rankings, founders of legal entities).
3. The work permit is issued to the employer, not the foreigner. The document is tied to the position and the enterprise. If a non-resident changes their workplace, retrains, or advances in their career, they must obtain a new permit indicating the current position and organization, and surrender the old one to the employment center.
4. A foreigner may work simultaneously in several places, being employed as a part-time employee.
5. The field of employment and the diploma of the foreign specialist are not checked. Exception – information technology specialists.
6. The work permit is valid for one year. In rare cases, for certain categories the permit is valid until the end of the employment contract. Founders receive a permit for 3 years.
7. Within 90 days from the receipt of the work permit, the employer must sign an employment agreement with the candidate and provide its copy to the local employment center within 10 days.

List of documents required to obtain a residence permit on the basis of employment

Ukrainian legislation provides the following list of documents for working with a residence permit:

• application for a residence permit from a foreigner or stateless person;
• a petition from the receiving party;
• the non-resident’s passport document and its notarized translation into Ukrainian;
• the original immigration card or copies of passport pages with a type D visa and an entry stamp;
• a valid medical insurance policy;
• a certificate of no criminal record in the territory of Ukraine;
• 4 photographs 3.5 by 4.5;
• a copy of the identification code, certified by the owner’s signature (if it was issued);
• receipt of payment of the state fee;
• a document confirming the basis: employment leading to obtaining a residence permit, or a residence permit due to business in Ukraine.

For non-residents who want to obtain a temporary residence permit through employment, the documents confirming the basis include:

• a notarized copy of the work permit;
• an order from the head appointing the employee responsible for processing documents for foreigners;
• a copy of the passport of the employee responsible for processing documents for foreign citizens, certified by the owner’s signature.

Common reasons for refusal of employment

The main reasons for refusal to employ foreign citizens may be:

• the employer providing false information in the application for obtaining a work permit for a foreigner;
• inadequate working conditions – failure to comply with the requirements for the employment contract with a foreigner as regulated by law;
• the future position not meeting certain criteria – for example, foreigners may not hold certain positions in state bodies;
• the existence of offenses by the foreigner – violation of migration legislation, staying in the country without legal grounds, visa refusal less than 12 months ago.

Important to remember!

• A temporary residence permit due to employment is issued for one year. If a non-resident wishes to continue working in the country, it must be renewed, as must the work permit.
• Working with a residence permit does not lead to the possibility of obtaining permanent residence or acquiring citizenship. This does not depend on how many years in a row the foreign citizen had a temporary residence permit.
• An employer hiring a foreigner without arranging a permit leads to a fine.

For allowing foreigners, stateless persons and persons for whom a decision has been made to process documents for granting refugee status to work without a permit to use the labor of a non-resident, the Code of Administrative Offenses (KoAP) provides a fine ranging from 500 to 1,000 non-taxable minimum incomes of citizens. If within a year a person who has already been subject to administrative penalties repeats the violation, the fine ranges from 1,000 to 2,000 non-taxable minimum incomes of citizens.

At the end of 2017, migration rules in Ukraine changed. The procedure for hiring foreign citizens became more complicated. Up-to-date information is held by the law firm “Nakaz”. Contact experienced lawyers for a consultation who will advise the sequence of actions when arranging employment with a residence permit.

Our many years of experience in this service area guarantee a positive result in obtaining a residence permit based on employment.