The procedure for obtaining work permits for non-residents.
The employment of foreign citizens in Ukraine is carried out exclusively upon receipt of a permit for their employment. If a foreigner is hired without permission, the employer must pay a fine of twenty times the minimum wage established at the time the violation was discovered.
List of non-residents who may be employed without a work permit:
– non-residents resident in Ukraine (permanent residence permit);
– non-residents who have received refugee status in accordance with the legislation of Ukraine, or received permission to immigrate to Ukraine;
– non-residents who are recognized as persons in need of additional protection or who have been granted temporary protection in Ukraine.
The conditions for issuing work permits are divided into two types, depending on the category of foreigners, the law distinguishes between two categories – special and general.
The general ones include:
– hired foreign workers;
– corporate assignments;
– foreigners and stateless persons in respect of whom a decision has been made to draw up documents to resolve the issue of recognition as a refugee or as a person requiring additional protection.
A special category includes:
– foreign highly paid professionals
– founders and/or participants and/or beneficiaries (controllers) of a legal entity;
– graduates of universities that are in the top hundred in world rankings, according to the list determined by the Cabinet of Ministers of Ukraine;
– foreign workers in creative professions;
– Foreign IT professionals who came to Ukraine under a contract between companies to carry out specific projects.
The peculiarity of this category of foreigners is in two aspects:
1. The absence of a statutory minimum wage requirement for such workers, while for ordinary categories of workers, wages should be at least 10 minimum wages. And for foreign workers in public associations, charitable organizations and educational institutions at least 5 minimum wages.
2. For a special category, permission is issued for the duration of the employment contract (contract), but not more than 3 years, and for the ordinary category – not more than 1 year.
The list of documents for obtaining permission to use the labor of foreigners and stateless persons:
– a statement in the prescribed form, signed by the director and certified by the seal of the employer company;
– copies of the page of the passport of a foreigner or stateless person with personal data, together with a translation into Ukrainian and notarized;
– color photograph of an alien or stateless person measuring 3.5 x 4.5 cm;
– A copy of the draft labor agreement (contract) with a foreigner or stateless person, certified by the employer in the prescribed manner.
Next, we consider the most relevant categories for the employment of non-residents:
Category “Founder / Beneficiary of the company”
In this category, a non-resident needs to be the founder or beneficiary of the company, but at the same time, he needs to select a position according to his activity. It is also very important that when a company is opened, a non-resident cannot immediately be the head of the company, only after obtaining a work permit, a work permit is issued for a period of 6 to 36 months. The requirement for a monthly wage for a non-resident is at least one minimum wage (4 723 UAH).
Category “Employee”
The validity of a work permit is from 6 to 12 months. The requirement for a monthly remuneration of non-residents –10 minimum wages (47 230 UAH)
Category “IT – Specialist”
For this category, the main requirement for the employer is the main activity (KVED: 62.01 Computer programming). The validity of a work permit is limited from 6 to 12 months. The requirement for a monthly wage for a non-resident is at least one minimum wage (4 723 UAH). In this category, a hired employee can only apply for the position of “Programmer”.
Official payments for obtaining a work permit:
– for permits that are issued for a period of one to three-six living wages for able-bodied persons, which at the moment is: 12 612 UAH.
– for permits that are issued for a period of six months to one year inclusively – four living wages for able-bodied persons, which at the moment is: 8 408 UAH.
– for permits that are issued for a period of up to six – two living wages for able-bodied persons, which at the moment is: 4 204 UAH.
The term for consideration of documents for obtaining a work permit takes 7 business days.
It is important to know that after obtaining permission to use the labor of foreigners and stateless persons, the employer must employ the foreigner and provide a copy of the labor contract within 90 days from the date of the issue of the work permit.
https://corplex.ua/en/practice/nonresident/work-permit/
