MainPublicationsComments on legislationForeigner’s stay in Ukraine. Employment permit as a ground for obtainment of residency. Part 2

Foreigner’s stay in Ukraine. Employment permit as a ground for obtainment of residency. Part 2

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Process of permanent residency permit obtainment is almost always a long and complicated procedure. Moreover it is not applicable to all the categories of foreign citizens. So in numerous situations when a company in Ukraine, for instance, wants to hire a foreign specialist and especially if it is limited on time, the  permit for temporary residency  becomes the most optimal option for employment of such foreigner.

This type of Ukrainian residency is provided for citizens of foreign states who formalized their temporary stay in our jurisdiction in conformity with the immigration law requirements. This document serves as a legal ground for foreigner’s stay on the territory of our coutry and confirms identity of its holder.

Obtainment of the document falls under the regulation of the law “On the legal status of foreigners and stateless persons” as well as several by-laws. Ukrainian legislation on immigration provides a number of grounds for gaining of the for temporary residency. The most popular grounds are:

 

  • high qualification and subsequent employment of foreigner by a company in Ukraine;
  • employment by subsidiaries (representative offices, branch offices) of foreign corporations, banks and organizations in Ukraine;
  • education in Ukrainian higher educational institutions;
  • marriage or reunion of family with a husband/wife who is Ukrainian citizen or already got residency permit;
  • participation in scientific, cultural and educational activities based on international treaties or special programs.
Based on the list provided above it is possible to conclude that employment can be a ground for residency permit obtainment.

Procedure and other aspects of employment of foreign individuals is regulated by the Resolution of the government of Ukraine # 437 dated the 27th of May 2013 “On the matters of issuance, prolongation and cancellation of employment permit for citizens and stateless persons”. It provides that Ukrainian company which acts as an employer has to get employment authorization document for its foreign employee. This permit is issued by a local body of the State Employment Service of Ukraine. An obligatory requirement for issuance of such document is provision of documentary proof of certain level of foreigner’s qualification and skills. Unless he provides proof of qualification or other advantages comparing to Ukrainian unemployed citizens, the permit will not be issued. However, this restriction can be avoided in certain situations.

The work authorization document is formalized based on documents that are filed with the controlling authorities by an employer and is issued within certain term. As of today, a foreign individual who needs to get employment permit in Ukraine has to have medical insurance covering certain expenses.

Thus, in order for a foreigner to ensure his prolonged stay in our country in conformity with provisions of the law, it is required to get work permit with subsequent obtainment of temporary residence in Ukraine. This type of permit allows a citizen of foreign country to enter Ukraine and live here for the term which usually equals to duration of work permit.

If an employee from a foreign country plans to get citizenship of Ukraine, it will be necessary to acquire permanent residence permit for such purpose.

Learn more about obtainment of permanent residency in Ukraine from the first part of our publication.
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