Legal support for the employment of foreigners

The procedure for engaging foreigners to work in Ukraine is regulated:

• The Law of Ukraine "On Employment of the Population";

• The Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons";

• Resolution of the Cabinet of Ministers No. 437 dated 27.05.2013 "On Approval of the Procedure for Issuance, Extension and Revocation of Work Permits for Foreigners".

According to the law, a foreigner can work in Ukraine only if you have a work permitissued by the regional employment center.

Who needs a work permit

Obtaining a permit is mandatory for most categories of foreigners, with the following exceptions:

• permanent residents of Ukraine;

• persons granted refugee status or complementary protection;

• employees of representative offices of foreign companies registered in Ukraine;

• journalists accredited in Ukraine.

In all other cases, the employer is obliged to obtain the permit before the start of the employment relationship.

Stages of legal support

Comprehensive legal support includes all stages of employment - from analyzing documents to obtaining a temporary residence permit.

Analyzing the situation and choosing a legal model

The lawyer assesses whether a foreigner can work on the basis of an employment agreement, contract, business trip or representative office. The lawyer also determines whether it is advisable to obtain work permit or business visas (type D-04).

Preparation of a package of documents

The list includes:

• an application in the prescribed form;

• copies of the foreigner's passport with a translation into Ukrainian;

• color photography;

• draft employment contract;

• a document on payment of the administrative fee.

The lawyer checks the completeness, correctness of translations and legalization of documents.

Obtaining a work permit

Documents are submitted to the regional or city employment center. The decision is made within 7 working days.

Conclusion of an employment contract

After obtaining the permit, an employment agreement or contract is concluded with the foreigner, which within 10 days must be submitted to the employment center.

Step 5. Obtaining a temporary residence permit

On the basis of the permit, the employee may receive temporary residence permitwhich allows you to stay in Ukraine for the duration of the employment contract.

Validity of a work permit

The duration of the permit depends on the category of foreign worker:

• up to 3 years - for highly qualified specialists and company founders;

• up to 1 year - for most other categories of employees;

• up to 6 months for seasonal work.

You can get permission to continueif the employment relationship remains in force.

Cost and government fees

The amount of the fee depends on the validity period of the permit:

• up to 6 months - 2 subsistence minimums;

• up to 1 year - 4 subsistence minimums;

• up to 3 years - 6 subsistence minimums.

The lawyer ensures that the fee is paid correctly, as errors in the details may be grounds for refusal to issue a permit.

Typical risks and violations

Without proper legal support, companies often face such problems:

• registration of an employee without permission - a fine of up to 20 minimum wages;

• failure to meet the deadlines for submitting the contract - revocation of the authorization;

• inconsistency of the position with actual duties - refusal to extend the permit;

• incorrect legalization of documents - delay in the procedure.

Legal support allows you to avoid these risks and act exclusively within the law.

Support of foreign directors and owners of companies

If a foreigner is founder or director of a legal entityThe procedure has its own peculiarities:

• an extract from the USR is submitted;

• an employment agreement may be concluded from the moment of state registration of the company;

• the permit is issued for a period of up to 3 years.

The lawyers also provide legal support for obtaining an identification code, opening a bank account and preparing internal corporate documents.