Employment temporary residence permit in Ukraine
Not only Ukraine is a famous educational hub, but also it offers multiple professional opportunities. The most attractive industries of the country include IT (Ukraine is among the top 10 outsourcing countries), agriculture (Ukraine is the 6th largest exporter of wheat in the world) and minerals (5% of the world’s total amount of mineral resources are in Ukraine).
The global recession is finally over, and the number of expatriate employees in the country is dramatically rising. However, the process of getting employment permits in Ukraine is complicated and intricate.
There are several popular scenarios of how a foreigner may get a temporary residence permit by employment.
EMPLOYMENT WITH A UKRAINIAN COMPANY.
In the overwhelming majority of cases, a foreigner is invited to work at a Ukrainian company (the one, which was incorporated in Ukraine). In such case, the involvement of Ukrainian employer is critical for a successful application.
You should make sure that your company started handling the formalities long before you arrive in Ukraine.
Step 1 – Getting permission to hire a foreigner.
Firstly, your future employer should get permission to hire a foreign citizen. Our practice shows that such permissions are rarely issued to the newly registered companies. In other words, to file a successful application, the company should have some record of the past operations. State Ukrainian migration service follows this policy to ensure that employment permits are not used as a cover-up for entering the country.
Secondly, your employer should substantiate that there is no possibility to hire a Ukrainian citizen for this position. In other words, you should possess some unique skills, qualifications and/or experience, and finding someone fit for your job in Ukraine should be reasonably impossible. The cost of this permit varies across different industries. Averagely, the employers should be ready to pay approximately USD 500 for getting the permission to hire a foreigner.
Step 2 – Getting D-Class visa.
After the State migration service issues such permit, your employer should send a hard copy to you. The permission should be submitted to the nearest Ukrainian embassy. The Embassy will issue a special D-class visa, which will allow you to enter Ukraine.
Step 3 – Getting temporary residence permit by employment.
Once you are in Ukraine and you have a D-class visa in your passport, you should file temporary residence permit application with the Ukrainian State migration service. The permit will allow you to stay and work in Ukraine for one year.
If your contract provides long-term employment, you should remember that the employment temporary residence should be renewed every year. Be mindful of the fact that your employer will have to substantiate that still there is no Ukrainian with adequate expertise and skills.
After you get an employment temporary residence in Ukraine, remembering the following vital aspects is highly advisable:
- Your employment permit is for a specific company and a particular position with that company only. Practically, that means that you are not authorized to switch to another Ukrainian company or to be assigned to another position with your original employee;
- If your employment is for any reason terminated, your residence permit is revoked simultaneously, and you should leave Ukraine. There is no possibility to preserve the validity of your permit in such situation unless there are other, non-professional grounds allowing you to stay here. Applying for employment with other Ukrainian companies is possible only after you leave the territory of the country;
- If your company is liquidated, your employment residence permit is automatically annulled. There will be no possibility to preserve the validity of your permit, and in all cases, you will have to leave the territory of Ukraine, unless there are other non-professional grounds allowing you to stay here;
- Work permit allows you to work for a company only. You may not work for a sole practitioner.
Overall, it is important emphasizing that although the process may seem to be complicated, in reality, it is quite smooth. However, it may take some time for Ukrainian migration authorities to consider your application. Usually, this term takes 2 months.
EMPLOYMENT WITH A FOREIGN COMPANY OR A FOREIGN NON-PROFIT ORGANIZATION (“VOLUNTEERING”) IN UKRAINE.
Although this situation is less common, the number of foreign companies (those, which were incorporated in other countries) operating in Ukraine is dynamically rising. Our practice shows that this type of a temporary residence permit is often given to the employees of the foreign banks, which operate in Ukraine, journalists and other employees of the foreign mass-media outlet registered and accredited in Ukraine or those, who arrived to Ukraine for work on the basis of the international aid agreements.
In this case, the procedure has some notable differences.
Step 1 – Sending an invitation for employment in Ukraine.
The first step is getting an invitation for employment from your future employer. The main difference between foreign companies and Ukrainian ones is that in the second case the employer does not have to substantiate that there are no qualified Ukrainians for this position.
However, while in case of a non-profit organization a simple invitation is sufficient, foreign companies operating in Ukraine should have such invitations certified by the Ministry of Economic Development and Trade of Ukraine.
Step 2- Getting a D-Class visa from the Embassy.
Once you receive the invitation for employment in Ukraine from your future employer, this document should be submitted to the nearest Ukrainian embassy. The Embassy will issue a special D-class visa, allowing you to enter Ukraine.
Step 3 – Getting temporary residence permit by employment.
Once you are in Ukraine and you have a D-class visa in your passport, you should file a temporary residence permit application with the Ukrainian immigration authorities. The permit will allow you to stay and work in Ukraine for one year.
If your contract provides long-term employment, you should remember that the temporary residence work permit should be renewed every year.
Overall, the practice shows that though getting a work permit in Ukraine is considerably complicated, nevertheless, Ukrainian State migration service is lenient towards foreign employees. Attracting high-skilled international workforce has always been a priority for the Ukrainian government.
In order to send a legally recognizable invitation for work, the employer should be officially registered by the Registrar of Companies in Ukraine. In case a company operates in Ukraine de-facto only, getting residence employment permits for the employees of this company will be impossible.
Our immigration lawyers are always alerted to assist you with getting employment temporary residence permit in Ukraine, obtaining permission to hire a foreign employee or with any other professional immigration issues.
Ukrainian immigration bureau experts are here to assist. Legal matters, and especially immigration issues, can be very complicated, but our specialists are ready to help inform you of all aspects regarding your case. It’s a great pleasure for us in using our experience for you and we look forward to hearing from you.