Intra-Corporate Transferee in Ukraine: How to Arrange an Employee Transfer

A foreign executive, manager, or specialist may be employed as an intra-corporate transferee if they meet the criteria for this category. For the employee, this means having worked for the foreign company for at least one year and being temporarily transferred to its branch, affiliate, or subsidiary in Ukraine that carries out similar activities.

The specialist must have the appropriate qualifications and specialized knowledge of the company’s products, services, operations, or management methods. The Ukrainian employer, in turn, obtains a work permit, and the supporting documents must confirm both the employee’s employment relationship with the foreign company and the decision to transfer the employee to Ukraine within the corporate group.

For an international group of companies, this procedure is important not only from an HR perspective. The documents of the foreign and Ukrainian companies must reflect the same employee transfer model: who is being transferred, between which related entities, to what position, and for what period.

If the foreign company’s transfer decision specifies one date, the Ukrainian employer’s documents specify another, or the Ukrainian company’s name does not match the name in the Unified State Register, this is more than a technical inaccuracy. Such discrepancies may affect the outcome of the application for an intra-corporate transferee work permit.

Who Can Obtain a Work Permit as an Intra-Corporate Transferee

An intra-corporate transferee is a foreigner who already works at the head office or another unit of a company abroad and is transferred to work for a related Ukrainian entity. In other words, the employee is not simply finding a new employer in Ukraine: the employment relationship already exists within the corporate group, and the work in Ukraine is arranged as an intra-corporate transfer.

For an intra-corporate transferee, the work permit may be issued for the period of the intra-corporate transfer, but for no more than three years. For most other categories of foreign employees, the permit period may be shorter.

Before preparing the application, the Ukrainian employer should therefore verify two basic points: the employee is already officially employed by the foreign company within the group, and there is a duly documented decision to transfer that particular employee to a related entity in Ukraine.

If the employee fits this model, the next step is — Work Permit in Ukraine

What Documents Are Required for an Intra-Corporate Transferee Work Permit

The document package for an intra-corporate transferee work permit must do more than identify the foreign employee and the Ukrainian employer. It must document the connection between three elements: the employee’s current employment abroad, the decision to transfer the employee to Ukraine, and the employee’s future work for the Ukrainian company.

To obtain an intra-corporate transferee work permit, the following documents are prepared:

• an application from the Ukrainian employer in the prescribed form;

• copies of the pages of the foreign employee’s passport containing personal data, together with a Ukrainian translation certified in the prescribed manner;

• a 3.5 × 4.5 cm photograph of the foreign employee;

• a draft employment agreement with the Ukrainian employer, certified by the employer;

• a copy of the foreign company’s decision to transfer the employee to work in Ukraine, specifying the period of employment;

• a copy of the employment agreement concluded between the employee and the Ukrainian employer.

The key purpose of this package is to show that the foreign employee already works for the foreign company and is not being hired by the Ukrainian entity independently of that relationship, but is moving within a related corporate structure.

You may also find this useful: How to Legally Employ a Foreign Worker in a Ukrainian Company

Foreign Company’s Decision to Transfer an Employee to Ukraine: What to Check

The foreign company’s decision to transfer an employee to Ukraine is one of the key documents for an intra-corporate transferee. It must expressly confirm that the employee is being assigned to a related Ukrainian entity as part of an intra-corporate transfer.

The decision must clearly specify the period of the employee’s intra-corporate transfer to Ukraine: the exact start date and the period for which the employee is being assigned to the Ukrainian company.

The Ukrainian employer’s details must also be checked separately. The company name and EDRPOU code must fully match the information in the Unified State Register. An abbreviated corporate name, different spelling, or an incorrect code creates a discrepancy between the foreign company’s decision and the Ukrainian registration data.

The foreign employee’s position and the period of employment in Ukraine must also be consistent across the transfer decision, work permit application, employment documents, and the Ukrainian employer’s documents.

How to Align the Foreign and Ukrainian Companies’ Documents for an Intra-Corporate Transfer

In an intra-corporate transfer, some documents are prepared by the foreign office and others by the Ukrainian company. The risk therefore arises not only when a document is missing, but also when the two offices describe the same employment event differently.

For example, the foreign company may specify one start date for the employee’s work in Ukraine while the Ukrainian employer specifies another; the position stated in the transfer decision may differ from the position in the draft employment agreement; or the Ukrainian legal entity’s name may be given in an abbreviated form.

For an intra-corporate transferee work permit, these details should be reconciled before filing. Discrepancies between the documents may be treated as inconsistencies, creating a risk of refusal or the need to prepare and submit the package again.

In practice, this means that the employee’s intra-corporate transfer decision, documents confirming the employee’s work abroad, and the Ukrainian employer’s documents should be prepared not as separate files, but as one coordinated package.

Does the Employee’s Intra-Corporate Transfer Decision Need to Be Legalized?

Because the decision to transfer the employee to Ukraine is issued by a foreign company, before filing it is necessary to determine whether the document requires legalization or an apostille. This depends on the rules applicable to documents issued in the relevant country and on the applicable international treaties.

Once the foreign document has been properly formalized, it is translated into Ukrainian, and the translator’s signature is notarized. The employer should complete this stage before assembling the final work permit package so that the employee transfer decision can be used in Ukraine without additional issues.

You may also find this useful: Legalization of Foreign Documents in Ukraine

When to File for an Intra-Corporate Transferee Work Permit and How Long the Review Takes

Once the documents of the foreign and Ukrainian companies have been prepared and aligned, the intra-corporate transferee work permit application package is submitted to the relevant territorial office of the State Employment Service.

As a general rule, a decision on issuing the permit is made within seven business days from the date the application is registered. If the application is left without consideration pending correction of deficiencies, or if approval or verification required by law applies, the review period may be extended.

For an international company, this timing should be considered together with the time needed to prepare the employee transfer decision, legalize or apostille it, translate it, and complete internal document coordination between the two offices. If an error is discovered only after filing, the actual relocation schedule for the executive or manager may be delayed.

What to Arrange After Obtaining an Intra-Corporate Transferee Work Permit

A work permit resolves the issue of the foreign employee’s right to work for the Ukrainian entity, but it does not complete the employee’s relocation to Ukraine. If the intra-corporate transferee will actually stay in Ukraine for the planned transfer period, the company must separately plan the documents required for the employee’s lawful stay.

These two stages should not be confused: first, the foreign employee’s right to work for the Ukrainian company is formalized, and then the employee’s immigration status and lawful stay in Ukraine are addressed separately.

For the next stage of the relocation process, see: Temporary Residence Permit in Ukraine

Arranging an Intra-Corporate Transferee with Legal Service

If an international group has already identified the employee, the Ukrainian company, and the approximate period of work in Ukraine, Legal Service can verify whether the situation fits the intra-corporate transfer model and align the foreign and Ukrainian parties’ documents before filing.

We can prepare the package for an intra-corporate transferee work permit, review the foreign company’s decision to transfer the employee to Ukraine, and assist throughout the permit application procedure. If the employee then relocates to Ukraine, we can separately arrange the documents required for the employee’s lawful stay.

Planning to transfer an executive, manager, or another employee from a foreign office to a Ukrainian company? Contact Legal Service before issuing the intra-corporate transfer decision—we will verify the model and prepare a coordinated document package for the Ukrainian side.