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New Procedure of Issuing (Renewal, Revocation) of Permits to Use Labor of Foreign Residents and Stateless Persons

08.04.2009

The CMU has approved a new Procedure of issuing, renewing and revoking permits to use labor of foreign and stateless persons.

The Procedure also covers foreign residents sent by foreign business entities to Ukraine to perform specific scope of works on the basis of contracts between Ukrainian and foreign business entities and foreign residents who fall into the categories: “internal corporate assignees” and “individuals who provide services without commercial presence in Ukraine”.

As compared to the previous Procedure, the new Procedure contains a number of additional requirements to get a permit for employment of foreign residents, specifically:

  • an employer should have no debts to the Unemployment Social Insurance Fund;
  • the list of documents subject to submission to an employment center has been extended.

In particular, to get a permit an employer should submit the following documents to an employment center:

  • two color photographs, dimensions: 3.5 cm x 4.5 cm, a certificate of an employment center stating that an employer is not in debt to the Fund;
  • copies of foreign resident’s passport, the pages containing principal identification data, a foreign resident’s police clearance certificate of no convictions.

The Procedure specifies the list of documents required for employment of a foreign resident categorized as an “internal corporate assignee” or “a person providing services without commercial presence in Ukraine”.

A permit to use labor of a foreign resident should be issued for a period of up to one year. The same permit should be the basis for a foreign individual to get a visa of due type, registration of his/her temporary residence address for an effective period of a permit.

Once the effective period of a permit to use labor of a foreign resident expires, the same permit should be returned to an employment center.

To renew the same permit, an employer must submit relevant documents to an employment center not later than one month prior to completion of the effective period of the permit held.

A director or deputy director of an employment center shall be entitled to make a decision to issue or refuse to issue a permit or to renew a permit within 30 calendar days from the date of receipt of all necessary documents. An employment center should communicate a decision to an employer in writing.

An employer should pay a fee equal to four minimum salaries (according to the previous procedure the fee was 10 personal exemptions – UAH 170) for consideration of an application for a permit or renewal of a permit.

An employer’s scope of responsibility has been revised: an employer is to ensure registration with an internal affairs body of a hired foreigner’s passport within 3 days upon the start of the same foreigner’s employment; moreover, an employer also must inform an employment center of this registration within 5 workdays.

The Procedure specifies the cases where a permit to use foreign resident’s labor may not be issued and where a permit may not be renewed, where a permit to use a foreign resident’s labor should be revoked.

The Resolution of the CMU No.2028 of November 01, 1999 has been invalidated.

The document took effect starting on May 15, 2009.
 

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