On 27 September 2017, the procedure for issuing working permits for foreign nationals (the “Working Permit”) and their residence permits was simplified due tocoming into force of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Remove Barriers to Attracting the Foreign Investments” No. 2058-19, dated 23 May 2017 (the “Law”), in particular:
The following documents are no longer required: a certificate on the absence of a criminal record, a medical certificate confirming that a foreign national is not sick with alcoholism, drug addiction, etc., and documents on education (for most categories of foreign nationals).
Foreign nationals with a monthly salary of at least 50 minimum wages (UAH 160,000, the equivalent of EUR 5,150) can combine jobswithout obtaining an additional Working Permit as long as their Working Permit remains valid.
The employers are now allowed to assign a foreign employee to perform the job duties of a temporary absent employee for up to 60 calendar days per year and no additional Working Permit is required for such an arrangement.
The Working Permit is now issued: (i) for the same duration as the employment agreement (contract), but no more than for three years, for special categories of foreign nationals (highly paid professionals, company shareholders, graduates from the listed top world universities, employees of creative occupation, IT professionals); (ii) for the duration of a contract executed between Ukrainian and foreign companies, but no more than for three years, – for the seconded foreign employees; and (iii) for up to one year, – for all other foreign employees.
These changes are aimed at significant simplification and facilitation for employers of the Working Permit issuance procedure.
If any information stated in the Working Permit changes (including, if a foreign employee is transferred to another position), an employer now has to apply to the employment centre within 30 calendar days after the change occurred requesting to amend the Working Permit accordingly.
For instance, any inconsistency between the terms and conditions of an employment agreement (contract) with a foreign national and the Ukrainian employment legislation may now serve as a basis for suspending the Working Permit application consideration.
Shareholder/participant of a Ukrainian entity, whose share in the authorized capital is at least EUR 100,000 at the official exchange rate established by the National Bank of Ukraine as of the date of making a foreign investment, is now entitled to obtain a temporary residence permit in Ukraine.
Possibly, the above changes can be positively perceived by foreign businesses in Ukraine helping to improve the overall investment climate in the country.