Permit for employment of foreigners and stateless persons (work permit) is the only document that entitles the employer to employ formally a foreign citizen.
Please note that a work permit is the basis for obtaining a residence permit in Ukraine for the period of validity of the permission.
The following categories of employees have the right to work in Ukraine by obtaining a permit from the employer:
- foreign employees and gig workers;
- seconded foreign workers;
- intra-corporate assignees;
- foreigners and stateless persons, in respect of whom a decision has been made to process documents to resolve the issue of recognition as a refugee or a person in need of additional protection, as well as those who appeal the refusal decision;
- persons who submitted an application for recognition as a stateless person, and persons who appeal the decision to refuse recognition as a stateless person;
- foreigners and stateless persons who have arrived in Ukraine for the purpose of studying in institutions of higher education and intend to work in Ukraine during the period of study and after graduation, provided that they are employed no later than 30 calendar days before the end of their studies.
- Foreigners permanently residing in Ukraine (have a permanent residence permit in Ukraine);
- Foreigners who were granted refugee status in accordance with the legislation of Ukraine or obtained permission to immigrate to Ukraine;
- Foreigners who are recognized in Ukraine as persons in need of complementary protection, or granted temporary protection in Ukraine;
- Representatives of foreign marine (river) Navy and airlines that serve such companies on the territory of Ukraine;
- foreign media professionals accredited to work in Ukraine;
- Athletes who have obtained professional status, artists and art workers to work in Ukraine;
- Employees of emergency services to carry out urgent work;
- Employees of foreign representations, registered on the territory of Ukraine in accordance with the legislation;
- Foreigners, who arrived in Ukraine to participate in the implementation of international technical assistance projects;
- Foreigners who have arrived in Ukraine to conduct teaching and/or research activities in higher education institutions at their invitation;
- Other foreigners in cases stipulated by laws or international treaties of Ukraine, the agreement to be bound by the Verkhovna Rada of Ukraine.
- An application in the form established by the Cabinet of Ministers of Ukraine, in which the employer confirms that the position in which the work of a foreigner or a stateless person will be employed, according to the laws of Ukraine, is not related to belonging to the citizenship of Ukraine and does not require access to state secrets;
- Colour photographs sized 3.5 x 4.5 cm.;
- Copies of foreigner`s or stateless person`s passport pages with personal data together with translation into Ukrainian, certified in the manner prescribed by the legislation;
- A copy of the draft employment contract (contract) with a foreigner or stateless person, certified by the employer.
- 3 subsistence minimums – for a permit valid for up to 6 months;
- 5 subsistence minimums – for a permit valid for up to 1 year;
- 8 subsistence minimums - for a permit valid for 1 to 2 years;
- 9 subsistence minimums - for a permit valid for 2 to 3 years.
- Persons in respect of whom there is a decision to process documents for resolving the issue of granting the status of refugee or person in need of complementary protection;
- Persons who have submitted documents for the renewal of the permit.
The Law of Ukraine "On Employment" defines the categories of persons who do not require a work permit for employment:
A work permit is issued by the State Employment Centre at the location of the employer. The permit is issued for a period of 6 months to 3 years (depending on the category of the foreigner).
The validity of the permit can be extended an unlimited number of times for the same term.
We draw your attention to the fact that the issuance and extension of the work permit for citizens of the Russian Federation, the Republic of Belarus, as well as other states recognized as posing a threat to state sovereignty, territorial integrity and the democratic constitutional order and other national interests of Ukraine, are carried out with the agreement of SBU.
Necessary documents for receiving the permit:
The fee for extending the validity of the permit is reduced by one subsistence minimum for able-bodied persons from the fee for issuing the permit for the relevant period.
*Subsistence minimum as of 2023 - UAH 2,684
Fee for issuing a permit for the use of the labour of foreigners and stateless persons cannot cope for:
Employing a foreigner without obtaining a work permit entails imposing a fine on the employer in the amount of 20 minimum wages.
After obtaining a permit for the employment of a foreigner, the employer is obliged to conclude an employment contract or gig contract with the foreigner within 90 days from the date of issuance of the permit and, within 10 calendar days after signing, submit to the employment center a copy of such contract certified by the seal of the enterprise and signed by the manager. Failure to comply with this requirement is grounds for revoking the permit.
The Viconsult Company offers professional legal advice guaranteed to get work permit in accordance with the law.