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Obtaining a Work Permit for a Foreign National
The Ukrainian labor market is becoming increasingly open to foreign professionals. Many companies, particularly in the IT, finance, construction, and industrial sectors, seek to attract qualified specialists from abroad. Foreign nationals bring new knowledge, experience, and business practices that can significantly enhance a company’s competitiveness.
However, employing foreign nationals requires compliance with specific legal procedures. One of the key requirements is obtaining a work permit for a foreigner or, in more legal terms, a permit for the employment of foreigners and stateless persons. Without this document, a company in Ukraine cannot officially hire a foreign worker, and any violation of the rules may lead to severe fines and inspections by state authorities.
For businesses intending to employ foreign specialists, it is essential to prepare all the documents correctly to avoid legal risks. That is why many employers seek legal support to ensure the process of obtaining a permit proceeds quickly and smoothly.
Dominion Law Firm has many years of positive experience in obtaining work permits for both small and large companies across various sectors of the economy.
Who Needs to Obtain a Work Permit?
The Law of Ukraine “On Employment of the Population” stipulates that all foreign nationals intending to work or perform labor duties in Ukraine must obtain a work permit, except for:
- persons with a permanent residence permit in Ukraine;
- refugees or persons granted complementary protection;
- foreign media employees accredited to work in Ukraine;
- professional athletes, artists, and art workers employed in their field of expertise;
- emergency response workers involved in urgent assignments;
- employees of branches or representative offices of legal entities established under the laws of a foreign country;
- foreign nationals and stateless persons who have come to Ukraine to participate in international technical assistance projects;
- and other cases established by law and international agreements.
In each case, it is necessary to examine the specific conditions under which a work permit may be granted.
In all other instances, the employer must obtain a permit before officially hiring a foreign worker.
List of Required Documents for Obtaining a Work Permit
The employer must collect and submit the following documents to the Employment Center:
- an application in the form approved by the Cabinet of Ministers of Ukraine;
- a copy of the foreign national’s or stateless person’s passport pages with personal data, along with a notarized translation into Ukrainian;
- a color photograph (3.5 x 4.5 cm);
- a draft employment contract (or gig contract) with the foreigner, certified by the employer (not notarized);
- a document confirming the payment of the administrative fee.
This list applies only to employed workers (gig workers) and participants in repelling and deterring armed aggression by the Russian Federation. In other employment cases, the employer must submit additional documents:
- a copy of a document confirming the existence of an employment relationship between the foreign worker and the foreign employer who sent them;
- a copy of the resolution by the foreign business entity on transferring the foreigner or stateless person to work in Ukraine, indicating the term of employment;
- a copy of the certificate of application for recognition as a stateless person (in the prescribed format);
- a copy of the Ukrainian higher education institution’s enrollment order and study period schedule for foreign students or stateless persons;
- a written consent (in free form) from the Ukrainian higher education institution regarding the employment of the foreign student and its commitment to inform the Employment Center of the foreigner’s withdrawal from the institution;
- a copy of the temporary residence permit;
- a copy of the higher education diploma, duly certified.
Documents prepared in a foreign language must be translated into Ukrainian, and the translator’s signature must be notarized.
Provided there are legal grounds and all necessary documents, the process of obtaining a work permit in Ukraine is as follows
The responsibility for obtaining a permit lies with the employer (a legal entity or sole proprietor), not the employee. The employer, either personally or through a representative under a power of attorney, submits the documents and the application to the Employment Center at the place of the company’s registration or via the electronic portal. Documents may also be submitted through an Administrative Services Center (CNAP).
A work permit for a foreign national can be issued for a term ranging from a few days (no minimum period established) to three years. In practice, employers usually request a term corresponding to the duration of the foreign trade agreement (contract/gig contract).
The Employment Center reviews the documents and issues the work permit within 7 business days. The administrative fee depends on the duration of the permit:
- for permits valid up to 6 months – three subsistence minimums for able-bodied persons (UAH 9,084 as of January 2025);
- from 6 months to 1 year – five subsistence minimums (UAH 15,140 as of January 2025);
- from 1 to 2 years – eight subsistence minimums (UAH 24,224 as of January 2025);
- from 2 to 3 years – ten subsistence minimums (UAH 30,280 as of January 2025).
Important Considerations for Employers Applying for a Work Permit
Before October 15, 2022, legislation required employers to pay foreign workers at least ten minimum wages (UAH 80,000). Non-compliance was grounds for denial. Currently, this requirement has been abolished, significantly simplifying the procedure for employers.
It is crucial to ensure that the employment contract or gig contract is signed no later than 90 days from the date the permit is issued, and a copy of the signed contract must be submitted to the Employment Center within 10 days.
The permit is issued for a specific employer and employee. If the employee changes jobs, the new employer must obtain a new permit.
Illegal employment without a work permit may result in a fine of UAH 160,000 for each undocumented foreign employee.
Can a Work Permit Be Extended?
Yes, Ukrainian law allows for the extension of a work permit if the foreign employee continues to work for the same company. This is important, as the expiration of the permit deprives the employee of the legal right to work in Ukraine.
The application for extension must be submitted no later than 20 and no earlier than 50 calendar days before the permit expires. Missing the deadline may result in the need to restart the entire process.
The extension is granted for the same term as the original permit:
- up to 6 months;
- up to 1 year;
- up to 3 years.
Extension is possible provided that:
- the employee continues to work for the same employer in the same position;
- the employer fulfills all tax and labor obligations;
- the employment contract is extended or a new one is signed.
Documents Required for Extending a Work Permit
The employer, either personally or through a representative, submits the following documents to the Employment Center:
- an application for extension in the form established by the Cabinet of Ministers of Ukraine;
- a 3.5 x 4.5 cm photo of the foreign national or stateless person;
- documents from the original permit application if any information has changed;
- a document confirming payment of the administrative fee.
Cost of Extension
The administrative fee for an extension is one subsistence minimum lower than the original fee:
- up to 6 months – two subsistence minimums (UAH 6,056 as of January 2025);
- from 6 months to 1 year – four subsistence minimums (UAH 12,112 as of January 2025);
- from 1 to 2 years – seven subsistence minimums (UAH 21,196 as of January 2025);
- from 2 to 3 years – nine subsistence minimums (UAH 27,252 as of January 2025).
The Employment Center processes the extension request within 3 business days.
Obtaining a work permit for a foreign national is a multi-step procedure requiring attention to legal details. If your company plans to hire a foreign specialist, it is essential to plan the process in advance. To minimize risks, carefully prepare the documents and submit the application on time. If you are unsure of the procedure or wish to save time, the best solution is to consult legal professionals with relevant experience. Dominion Law Firm offers expert support in obtaining work permits and helps clients avoid future legal issues.
