When you don't need to obtain work permit in Ukraine?
Today we will talk about our practical experience with several cases when our Clients wanted to be assigned for the leadership positions here in Ukraine. Almost all of them had one question: Do we need a work permit? If no, how does the procedure go?
We will talk about various cases and solution options that can help You to choose the right way if You have the same question.
The case
First case we wanted to mention is the case of the charity foundation (CF) founder, who wanted to become its head. This CF was registered in Ukraine and the person applied to the employment center to get a permission, as the Ukrainian law allows foreigners to be employed if the current head receives the correspondent permission.
Unfortunately, in this case, the CF got a denial for this permission. The reason was the mismatch of the position name in documents and the Profession classifier of Ukraine.
The Client asked us to help him at that point.
Our steps
To make things right we needed to start from making changes in the foundation charter. We’ve written the new draft that contained appropriate head position name - in this case it was “Director”.
We’ve helped to register all the changes to the Charter here in Ukraine. The state registration authorities register it without questions.
With the correct and legitimate Charter in our hands we were able to draft all the documents for getting the permission for using foreigner’s labor.
As we have done such procedure dozens of times and know exactly how to draft all the documents so that the procedure goes smoothly, we’ve finished the process in the shortest time possible.
As the result, our Client have got the permission and became the Director of the CF. It helped him to stay in Ukraine legally.
Related article: Employment permit for foreigners in Ukraine: common issues and our practical experience
The second case
The second case we want to discuss is similar to the first one. But only at the first sight. The difference here is that our Client wanted to become the head of the Ukrainian LLC and asked if he can do so without getting the work permit.
Our steps
The first thing a foreigner should do in this situation is to get an identification number in Ukraine. That will give him an opportunity to be registered as a head of a company at the Unified state register.
At that time the Client was still abroad, so we’ve created all the drafts and asked him to sign them and send to us. We were able to get the IN during 1 week after receiving Clients documents. But it still was only the first step.
According to the Law of Ukraine “About people’s employment”, the employers should employ foreign citizens on the grounds of a permission for using labor of foreigners or persons without citizenship.
Related article: Formed a company for US citizen in Ukraine
An employer has a right to use foreigners’ labor in Ukraine on the grounds of a permission issued by an executive authorized body. That means that the employer must employ a foreigner only on the grounds of permission for using foreigners’ labor.
Related article: Receiving the temporary residence permit (TRP) by LLC registration: procedure and benefits
As it was mentioned above, we have a significant experience in the field oh receiving such permissions. Thus, the procedure was performed in short terms and our Client received an opportunity to stay in Ukraine as the head of the LLC.
