Foreigners, according to the current legislation, have the right to obtain a temporary residence permit on the basis of a work permit. To do this, such foreigners can register own company in Ukraine or be employed in an existing one.

 

On October 15, 2022, the Law of Ukraine "On Amendments to Certain Laws of Ukraine on the Employment of Foreigners and Stateless Persons in Ukraine and the Provision of Mediation Services in Employment Abroad" came into force, which changed the procedure for issuing or extending work permits for foreigners, refusing to issue or extend these permits, as well as canceled the requirement to pay a foreigner a salary of 5 or 10 minimum wages and established equal wage conditions for citizens of Ukraine and foreigners.

 

Misechko & Partners Law Firm offers a full legal support service from the establishment of a company to obtaining a temporary residence permit on the basis of employment.

 

To obtain a temporary residence permit on the basis of employment you need to go through the following steps:

1. Obtaining a taxpayer code for the founder of the company
2. Registration of the company
3. Obtaining a work permit
4. Obtaining a long-term visa type D
5. Registration of a temporary residence permit
6. Registration of the place of residence.

 

I. Obtaining a taxpayer code

 

Documents required to obtain a taxpayer code:

1. notarized copy of the foreigner's passport document;
2. notarized power of attorney.

 

Term of receipt - 1 working day.

 

II. Registration of the company

 

To register a company you need to determine:

1.  the name of the Limited Liability Company (LLC);

2.  legal address (location) of the Limited Liability Company (LLC);

3.  the amount of the authorized capital of the Limited Liability Company (LLC);

4.  types of economic activity of the LLC.

 

Documents required for LLC registration:

1. a copy of the passport and taxpayer code of the director;
2. a notarized copy of the passport document of the foreigner who will be the founder of the company and the taxpayer code in Ukraine (we receive);
3. notarized power of attorney for company registration in Ukraine.

 

If the founder of the Ukrainian company is a foreign legal entity, then in addition to the above documents it is necessary:

1. decision of a foreign legal entity to establish a company in Ukraine;
2. notarized power of attorney from a foreign legal entity for registration of the company;
3. extract from the bank register or certificate of registration of a foreign legal entity;
4. notarized copy of the passport of the founder of the foreign legal entity.

 

While registering a company, the director of the LLC must be a person with Ukrainian citizenship or a foreigner who has a work permit. After the founder obtains a work permit, the position of director can be taken by the founder.

 

The period required for registration is 1 working day

 

III. Work permit for foreigners

 

Documents required to obtain a work permit for foreigners:

1. application in the form established by the Cabinet of Ministers of Ukraine;
2. copies of pages of the passport document of the foreigner with personal data together with the translation into Ukrainian, certified in the prescribed manner;
3. a color photograph of a foreigner or stateless person of 3.5 x 4.5 centimeters in size;
4. draft employment agreement (contract) with a foreigner certified by the employer.

 

The validity of the work permit for foreigners is the term of the employment agreement (contract), but not more than two years. If there are grounds, the permit can be extended.

 

The term of consideration of applications for permits is up to 7 working days.

 

Fee for issuance or renewal of the permit:

• for permits issued for a period of up to six months inclusive - UAH 8,052;
• for permits issued for a period of six months to one year inclusive - UAH 13,420;
• for permits issued for a period of one to two years inclusive - UAH 21,472.

IV. Visa support

After obtaining a work permit, a foreigner must obtain a long-term visa, which is issued for a period of 90 days. To do this, foreigners need to fill out an electronic visa application form and schedule a time for submission of documents. An application for a type D visa is submitted to the embassy (consulate) of Ukraine only abroad, it is impossible to submit documents in Ukraine. Thus, foreigners can choose any country for submission of documents.

 

Citizens of countries that have a completely visa-free regime with Ukraine (Moldova, Kazakhstan, Uzbekistan, Armenia, Georgia, Azerbaijan) do not apply for a D visa.

 

Documents required to obtain a type D visa:

1. visa application form;
2. passport document of a foreigner;
3. one color photograph 35x45 mm in size;
4. a valid health insurance policy covering expenses for at least 30,000 euros or the equivalent in another currency;
5. documents confirming the availability of sufficient financial security for the period of the planned stay and for returning to the country of origin. To do this, it is enough to present a bank statement on the availability of funds in the account in the amount of up to 3900.00 US dollars per 90 days of stay;
6. a document confirming the payment of the consular fee. Embassies and consulates of Ukraine charge a consular fee for visa issuance at the basic tariff rate of 65 USD, unless otherwise provided by international treaties of Ukraine. At the same time, for issuing visas to foreigners from certain countries, the consular fee is charged at a tariff rate that exceeds 65 USD;
7. a certified copy of the work permit for foreigners.

 

Embassies and Consulates of Ukraine consider visa applications and make a decision on granting or refusing a visa within the following terms:

• urgently - up to 5 working days from the date of receipt of the required documents;
• in the usual order - up to 10 working days from the date of receipt of the necessary documents.

V. Obtaining a temporary residence permit

 

Documents required for obtaining a temporary residence permit:

1. passport document of a foreigner with a type D visa;
2. translation into Ukrainian of the page of the foreigner's passport document with personal data, certified in the manner prescribed by law;
3. permission to use foreigner's labor;
4. the employer's obligation to inform the central executive body that implements the state policy in the field of migration about the early termination or termination of the employment agreement (contract) with such a foreigner;
5. a valid health insurance policy for the entire period of validity of the certificate and its copy;
6. a document confirming payment of the administrative fee or a document on exemption from its payment (the original is returned after presentation; a copy is submitted).

 

The cost of the service charged by the state:

• state duty in the amount of 34 UAH;
• administrative service fee in the amount of UAH 884 (including the cost of the residence permit form);
• administrative fee for issuance or exchange of a temporary residence permit - 340.00 UAH.

The term of issuing a temporary residence permit is 15 working days from the date of submission of documents.

 

A temporary residence permit is issued for the period of validity of a work permit for up to 2 years with the possibility of extension.

 

Documents for obtaining a residence permit shall be submitted no later than 15 working days before the expiration of the established period of stay in Ukraine.

 

VI. After obtaining a residence permit a foreigner is obliged to register his/her place of residence within 30 calendar days.

 

Documents that were issued abroad must be legalized in the prescribed manner, unless otherwise provided by international treaties of Ukraine, the consent to be bound by the Verkhovna Rada of Ukraine.

 

The cost of legal services for obtaining a residence permit on the basis of a work permit costs EUR 2500.00, and does not include direct costs (translation services, notary services, state fees).

 

If you are interested in our services, please contact us by mail: [email protected]  or by phone: +38044 289-48-74.