What to do if your work permit in Ukraine is canceled?
27/09/19 | ||
Author: Volodymyr Gurlov Legal services in Ukraine: Corporate legal services, Obtainment of temporary residence permit in Ukraine, Obtainment of employment permit in Ukraine |
Work permit in Ukraine for foreigners is not only the basis for their legal stay in the country, but also makes it possible to obtain a residence permit in Ukraine. Thus, the cancellation of the employment permit can cause a lot of troubles, if Your intentions were to stay in Ukraine.
So, what are the possible reasons of the cancellation and what to do in such case? We will try to answer all these questions.
Main ways for obtaining the work permit
One of the most popular ways to get an employment authorization for a foreigner is to register an enterprise as his or her employer
The procedure that will lead to receiving the work permit consists of following stages:
- Registration of an enterprise in Ukraine (LLC is a preferable organizational form). At this stage we advise getting services of the nominal CEO, who can be replaced later.
- Submission of application for getting a work permit.
- Carrying out an exchange of a nominal CEO for a foreigner.
Please notice, that the procedure of obtaining the permit consists of several stages, each and one of them have procedural particularities. Therefore, we advise you to entrust the work to professionals, just to avoid refusals and re-filing of documents.
In this case, cancellation of permission for using the labor of foreigners can occur if employer (LLC that was founded) fails to submit, within the period provided by the law, a copy of labor contract that had beenlpppp concluded with a foreigner.
Related article: Employment permit for foreigners in Ukraine: common issues and our practical experience
What are the most common reasons for cancellation of the residence permit?
Among reasons of the residence permit cancellation are:
- if the foreigner acts in a way that is considered as a threat for the national safety of the state, the health of the third parties or the public order;
- condemnation in Ukraine;
- discovering by the National Police or the Security Service of Ukraine fact of the permit obtaining based on the false information or based on expired or falsified documents;
- compulsory deportation of the foreigner, etc.
Important! Cancellation of work permit can not be a reason for cancellation of temporary residence permit by the State Migration Service.
Related article: How to get the temporary residence permit: various ways to settle in Ukraine
So, if You are about to receive the work permit or already work in Ukraine and want to keep it safe, remember:
- if You fail to sign a labor contract within 90 days after registration of the work permit, it will be a reason for its cancellation;
- after a labor agreement is signed, it must be submitted within 10 days to an employment center;
- the lack of the wage accrual under an employment contract will not be a reason for cancellation of the work permit, but it can be a reason for penalties accrual.