How to apply for employment of a foreign IT specialist in Ukraine

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Attracting a qualified foreign IT specialist to work in Ukrainian company is now becoming a common practice and can give a competitive advantage in the domestic market of Ukraine and in foreign markets during the export of services.

In addition, the employment of foreign workers is the next step after business registration in the process of a foreign company relocate  to Ukraine. Companies need to take care not only of the proper registration of a legal entity, but also of its own employees. The employer must obtain a work permit for a foreigner in the territorial employment center.

Employment of a foreigner in Ukraine is one of the grounds for obtaining a temporary residence permit (Part 4 of Article 5 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons"). For part 4 of Art. 4. Foreigners and stateless persons who, in accordance with the law, arrived in Ukraine for employment and received a temporary residence permit shall be considered as those who reside legally on the territory of Ukraine for the period of work in Ukraine.

As of today, documents for obtaining an employment permit should be submitted to the territorial employment center through any administrative service center.

We recommend you to contact the administrative service center at the location of the legal entity of the employer, because additional time is spent on sending documents.

To apply for employment of a foreign worker you need:

1. To take all the necessary documents

2. To book a place in the electronic queue on the website of the relevant Center for Administrative Services.

Indicate the last name, first name, patronymic, telephone number of the person who will submit the documents. Select "document submission" and "other services" in the menu.

3. To apply.

The center's specialist will give you a description of the documents. Carefully check the data given in the description. You may be asked by the USREOU of a legal entity to identify the employer, to check the authority of the person who submits the documents. Information about the application is sent to the e-mail specified in the application. If all documents comply with the law, a foreigner's employment permit is issued within 7 working days.

4. If the application has deficiencies, the application will be suspended for correction.

Grounds for suspension, in accordance with Part 3 of Art. 42-8 of the Law of Ukraine "On Employment" are:

 In the decision on suspension, the employment center independently determines the deadline for correcting the deficiencies of the application.

5. In the case of a decision to issue a permit, within 10 working days from the date of receipt of such a permit, to pay fee, according to part 1 of Art. 42-4 of the Law of Ukraine "On Employment":

Term of a permit

Fee

of 1 to 3 years or their validity is extended for such a period

6 subsistence minimums for able-bodied persons established by law on January 1 of the calendar year in which the employer submitted the documents

of 6 months to 1 year inclusive or their validity is extended for such a period

4 subsistence minimums for able-bodied persons, established by law on January 1 of the calendar year in which the employer submitted the documents

of up to 6 months or their validity is extended for such a period

2 subsistence minimums for able-bodied persons, established by law on January 1 of the calendar year in which the employer submitted the documents

 

The subsistence level as of January 1, 2021 is UAH 2,270. That is, if the permit is issued for a period of one to three years, UAH 13,620 is paid, from six months to one year (inclusive) UAH 9,080, up to 6 months - UAH 4,540.

The permit can be obtained in the Centre of administrative services, where the documents were submitted, by presenting a description of the documents, a passport and a power of attorney (if submitted by a representative of the employer).

Provide a copy of the employment contract to the Centre of administrative services. The employer is obliged to bring an employment agreement (contract) with the foreigner no later than 90 calendar days from the date of issuance of the permit and within ten days after the conclusion of the employment agreement (contract) to bring a copy certified by the employer to Centre of administrative services.

If all the above actions are taken, the foreigner will have grounds to obtain temporary residence permits, and the employer will have the right to employ foreigners.

In conclusion, it should be noted that the procedure for obtaining a work permit is not developed. The main thing is to form all the necessary documents correctly. If cases of lack of opportunities for the employer go through the whole procedure on their own, as well as in unusual situations (for example, part-time) and in case of problems, we recommend going to qualified lawyers who have experience in this field.

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