Virginia, US

Sep 25 2017

Changes to Work Permit Regulation

Ukraine

The situation

Amended regulations will change work permit-related rules.

A closer look

Effective September 27, 2017, legal amendments will result in several changes to work permit rules. The key changes are discussed below.

Reduced documentary requirements

Foreign nationals will no longer have to submit medical certificates and police clearances from their country of origin when filing a Work/Temporary Residence Permit application. Going forward, diplomas will only be required for graduates from top-100 universities, per specified international rankings.

This will significantly reduce the document burden on Work/Temporary Residence Permit applicants.

Permit duration for intracompany transferees

Intracompany transferees will be able to obtain a work permit for their full assignment period. The permit will remain renewable.

Currently, the permit duration is limited to a standard maximum duration of three years.

This will reduce the need to file renewal applications for foreign nationals on long-term assignments, and will reduce the cost of repeated renewal government filing fees for employers.

Government filing fees

Under the new legislation, government filing fees will be differentiated based on permit duration as follows:

  • Up to six months: UAH 3,200 (approx. USD  125);

  • Six to twelve months: UAH 6,400 (approx. USD  250);

  • One to three years: UAH 9,600 (approx. USD  370).[SC1] 

The same rates will apply to renewal applications.

Previously, filing fees were not differentiated based on duration, and renewal applications were free of charge.

Suspension and rejection grounds

The employment authority may suspend processing if it finds that:

  • Incomplete documents have been submitted;

  • The application was signed by a company representative with insufficient authority; or

  • The draft employment agreement does not comply with Ukrainian labor law.

Currently, the employment authority stops processing the application completely and returns the documents. Suspending the application allows the employer to remedy the application in seven business days, or three business days in case of renewal applications. The authorities will then continue processing, which will streamline the process.

If the issues are not remedied, the employment authority may reject the application.

The employment authority may also reject applications if the employer is not registered in the public register of business entities, and if the employer is in the process of closing or has closed.[SC2] 

Lastly, the amendments will remove many refusal grounds that allowed wide discretion for the authorities.

Notification of changes

The employer is now required to notify the employment authorities within 30 days of the following changes considered relevant to the work permit:

  • change of name of the employer;

  • reorganization of the employer;

  • change of foreign national’s name;

  • change of foreign national’s job title; and

  • new passport obtained by the foreign national.

Currently, notification is only required for work permit renewal applications.

Renewal deadline

Foreign nationals will be able to submit work permit renewal applications as early as needed, but at least 20 calendar days before the expiry date. Currently, renewals can be submitted no sooner than 40 days before the expiry date.

Upcoming changes

The labour market testing requirement is under scrutiny, and may be amended or removed at a later stage.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to emea@fragomen.com.