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Work permit / MIGRATION CONSULTING (study, work, life) / Articles

E-mail: [email protected]

The documents for obtaining work permits in Ukraine. The employment of foreign citizens in 2018

One of the most accessible and legal ways to make residence permit in Ukraine is obtaining of a temporary residence permit on the basis of employment for a foreigner.

This method is also very beneficial for people who have their own companies in Ukraine and intend to do business.

With the company (being its founder, the founder or co-owner) a foreigner may obtain a work permit in the company in a simplified manner.

In the future a foreigner may obtain in Ukraine official income and use these data to confirm their status in any of the institutions, such as banks and other financial institutions.

In December of 2017 entered into force changes to procedure of obtaining work permits. In full, they will be operating in 2018.

Also, there have been changes in the procedure for prolongation of temporary residence permit. From now on, it will be necessary to take measures for the employment of the company from 3 people. But these requirements will take effect in 2018. Until such confirmation, the migration service is not required.

So, what are the documents required for obtaining work permits.

THE LIST OF DOCUMENTS FOR OBTAINING A PERMIT TO USE LABOUR OF FOREIGNERS AND PERSONS WITHOUT CITIZENSHIP AND ITS VALIDITY:

TO OBTAIN PERMISSION, THE EMPLOYER SHALL SUBMIT TO THE CITY OR REGIONAL CENTER OF EMPLOYMENT AT THE PLACE OF ITS REGISTRATION THE FOLLOWING DOCUMENTS:

1) a statement in which the employer certifies that the position at which to apply the labour of a foreigner or persons without citizenship according to the laws of Ukraine is not connected with belonging to the citizenship of Ukraine and does not require the granting of access to state secrets;

2) copies of page of passport document of a foreigner or stateless person with personal data with Ukrainian translation, certified by notary;

3) a color photo of a foreigner or stateless person size 3,5 x 4,5 cm (need only one);

4) a copy of a draft employment agreement (contract) with a foreigner or person without citizenship, approved by the employer. But must be prepared according to prescribed form and duly certified.

FOR EMPLOYMENT OF CERTAIN CATEGORIES OF FOREIGNERS AND STATELESS PERSONS THE EMPLOYER SHOULD ALSO SUBMIT THE FOLLOWING DOCUMENTS IN RESPECT OF:

1) graduates of universities included in the top hundred in the world rankings of universities, - copy of diploma on higher education of the respective recognized University in Ukraine in the prescribed manner;

2) foreign workers of creative professions - notarized copies of documents identifying the object of copyright or related rights of the author and certify authorship (copyright);

3) secondment of foreign employees - a copy of the agreement (contract), concluded between Ukrainian and foreign economic entities, which provides for the use of labour of foreigners and persons without citizenship who directed the foreign employer in Ukraine to perform a specific scope of work (provision of services);

4) intra-corporate transferees - the decision of a foreign entity on the transfer of a foreigner or stateless person to work in Ukraine and a copy of the contract concluded between the foreigner or the person without citizenship and foreign entity on the transfer to work in Ukraine with the definition of the term of work in Ukraine;

5) persons in respect of whom a decision on processing of documents for resolving the issue regarding the recognition of refugee or person who needs extra protection, copies of the decision on registration documents for resolving the issue on the recognition of refugee or person in need of complementary protection, certificate of application for protection in Ukraine.

For employment of the founders and/or participants and/or beneficiaries (controllers) of legal persons to territorial body of the Central Executive authority that implements the state policy in the sphere of population employment and labor migration, independently receives information about the completion of the formation of the Charter capital of the company at the time of submission of the permit.

That is, at the time of filing the authorised capital must be formed. At the moment in the unified state register simply state what the share capital established by the constitutive documents. however, the registry also provided to specify the date of its formation. Yet in practice, the employment centers are limited to the data available in the registry and do not require any information about the formation of the statutory Fund. However, this practice may change and you will need to take further steps for registration of the status of completion of the share capital.

For the employment of foreign it professionals the territorial body of the Central Executive authority that implements the state policy in the sphere of population employment and labor migration, independently receives information about the employer was the activity of computer programming. Such information should be in the unified state register.

FOR PROLONGATION OF PERMIT THE EMPLOYER SHOULD SUBMIT THE FOLLOWING DOCUMENTS:

1) a statement in the form specified by the Cabinet of Ministers of Ukraine;

2) photograph of the foreigner or stateless size 3,5 x 4,5 centimeters;

3) necessary documents for obtaining a permit, if they have changed. These documents normally include a copy of a draft employment agreement (contract).

The employment center shall receive in electronic form from the Uniform state register of legal entities, individuals - entrepreneurs and community groups information on the status of the employer as a legal entity or physical person - entrepreneur. These data are publicly available on the website of the Ministry of justice of Ukraine.

Documents issued abroad must be duly legalized, unless otherwise specified by international agreements of Ukraine, consent to be binding by the Verkhovna Rada of Ukraine. We are talking about a consular legalization or apostille. Although in 2018 it will apply only to special categories of citizens mentioned above.

The officials of the territorial organ of the Central Executive authority that implements the state policy in the sphere of population employment and labor migration, it is forbidden to demand from the employers the documents not stipulated by this Law.

Also when applying for an extension must be submitted and a work permit, although this Law is not specified. The staff of employment centers have even developed a form of inventory that is already listed in a separate column – the original resolution of an employment. This is because on the original they put the date up to which extended this permission to work. However, if applying for a renewal of the original permit and the employment was not provided it can be sold separately upon the concept of a positive decision on the extension.

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