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WORK PERMIT & TEMPORARY RESIDENCE PERMIT RULES AMENDED IN UKRAINE

Please be informed that changes to the Ukrainian legislation providing for the rules of obtaining permissions to employ foreign nationals (hereinafter – work permits) and temporary residence permits came in force on September, 27th.

Which law introduces the changes

- Ukrainian law “On amendments to certain legal acts in relation to removal of obstacles for attracting foreign investment” No. 2058-VIII dated 23.05.2017.

What are the changes

Work permit

1. All work permits can be issued regardless of available local labour force.

2. As a general rule foreign employees are eligible for a work permit if their salary is not less than 10 minimal salary amounts (equivalent to UAH 32 000 as of 2017).

This provision does not apply to special categories of foreign employees which include:

- highly paid foreign professionals – foreign nationals whose salary is not less than 50 minimal salary amounts (equivalent to UAH 160 000 as of 2017)

- founders/shareholders/beneficiaries of a legal entity established in Ukraine

- graduates of universities ranked among TOP 100 of world university ratings which are included to the officially approved list

- foreign creative professionals

- foreign IT-professionals

3. The list of required documents for a work permit does not include police clearance certificates, medical certificates as well as copies of educational documents (with the exception of graduates from TOP 100 universities).

4. The following maximum validity period of a work permit has been established:

- up to 3 years for special categories of employees as well as nationals assigned to Ukraine under a services contract

- for the period of intra-company transfer – for intra-company transferees

- up to 1 year for other categories of employees

5. The law establishes the amount of payment to the Social Security Fund that is charged for the issue/renewal of a work permit depending on the requested validity period:

- from 1 to 3 years – 6 subsistence levels* (UAH 9600 as of 2017)

- from 6 months to 1 year included – 4 subsistence levels* (UAH 6400 as of 2017)

- up to 6 months – 2 subsistence levels* (UAH 3200 as of 2017)

*Subsistence level for employable persons established as of January 1st of the year of application should be used for calculation.

6. The law obliges the employer to apply for a work permit correction within 30 days after the following events take place:

- change of employer’s name

- change of employee’s passport

- change of employee’s position

7. The following processing times for work permit renewal and correction have been introduced:

- work permit renewal – 3 business days

- work permit correction – 3 business days

8. A foreign employee is allowed to combine the position specified in his work permit with the position of a temporarily absent employee without obtaining a separate work permit providing that the duration of combining both positions does not exceed 60 days in a calendar year.

9. Highly paid professionals are allowed to work part-time without obtaining a separate work permit providing that the validity period of the part-time labour contract does not exceed that of the primary labour contract.

10. The law establishes no ratio of foreign nationals that can be assigned to Ukraine under a services contract between a foreign employer and a local Ukrainian entity.

Temporary residence permit

1. The law establishes a possibility for the founders/shareholders/beneficiaries of a legal entity created in Ukraine to obtain a temporary residence permit for up to 2 years without being employed in Ukraine. To that end, their share in the capital of a legal entity must not be less than the equivalent of EUR 100 000 as of the date of the investment.

2. Foreign employees can obtain a temporary residence permit for the validity period of their work permit.

3. The processing time for a temporary residence application is reduced to 10 calendar days.

4. The state fee for the issue of a temporary residence has been set to UAH 340.

Intermark comments:

With regard to the new law the amendment of the existing legislative acts on work permit and temporary residence permit is anticipated. These regulations are expected to specify how the new provisions will be carried out in practice.

INTERMARK IMMIGRATION TEAM

Tel.: +7 495 502 95 53

e-mail: immigrations@intermarkrelocation.ru

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