Employment of Foreigners in Ukraine

YURIY PROTSENKO
Partner, Head of Corporate and Migration Law Department

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Employment of Foreigners in Ukraine
«AROU»

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    The problem of using foreign labor by Ukrainian enterprises is becoming increasingly relevant. In cases where necessary personnel cannot be found in Ukraine, the possibility of attracting workers from abroad is worth considering. However, it is necessary to obtain a special permit for employing foreigners. Moreover, this condition also allows obtaining a residence permit.

    Obtaining a permit to engage foreign nationals in Ukraine can be done through the State Employment Service. To do this, it is necessary to submit an application addressed to the head of the relevant enterprise along with a set of necessary documentation.

    The package of documents for obtaining foreign workers employment permit includes:

    1. Application with motivated reasoning for the need to engage foreign workers.
    2. Copy of the company’s statute (decision on establishment).
    3. Copy of the certificate of state registration of the enterprise.
    4. A copy of the certificate of assignment of the Unified State Register of Enterprises and Organizations code (EDRPOU).
    5. Copy of the license (if required for the activity).
    6. Copies of employment contracts concluded with foreign workers.
    7. Copies of permits for the use of special tools or equipment (if required).
    8. Copies of documents confirming the qualification level of foreign workers.

    The necessary documents are submitted to the State Employment Service department located in the region where the enterprise is located. Along with the main set of documents, additional materials may be required to prove the necessity of attracting foreign labor.

    After submitting the documents, a responsible employee of the State Employment Service verifies them and considers the application. In case of a positive decision, the permit to employ foreign workers is issued no later than within 7 working days from the date of application.

    A permit to use foreign labor is a key prerequisite for obtaining a visa of the corresponding type, recieving temporary registration, and registering the temporary residence of a foreigner for the period for which the permit is issued.

    The employer is obliged to provide certified copies of the permit to the specific foreign individual according to the established procedure and submit them to the Ukrainian consulate located in the foreigner’s country of residence to obtain a visa to enter Ukraine. It is also necessary to send copies of the relevant documents to the migration service for registration of the foreigner’s temporary place of residence in Ukraine.

    If you need to streamline and expedite this process, lawyers from the Lawyers and Realtors Association of Ukraine “AROU” can assist you. Our company has extensive experience in resolving various migration issues, which helps avoid the risk of delays and misunderstandings. If you need a certificate of no criminal record during the employment process, our lawyers will assist you.

    We understand that you will need help translating necessary documents, so we will assist you with translation and apostille certification.

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