Ukraine has opened the doors to the foreigners

New legal regulation issues of work permit and temporary residence permit for the foreigners erases the barrier between Ukraine and outside world.

Dramatic changes in Ukrainian legislation on regulations of foreigner’s work permits and residency are coming soon.

To start with, it is worth mentioning that nowadays foreigners willing to get work permit and temporary residency permit in Ukraine can hardly do that without corruption. Corruption is possible because of pure and complicated legal regulation of this issues . Today, to get a work permit foreigner should hold a diploma of top 100 Universities or be an investor. More over he/she should submit from 9 to 15 documents to the state body that indicates whether they meet the criteria of acceptance. All this terms are prescribed in the Decree of Cabinet of Minister on the issues of work permit. The procedure of getting residency used to be complicated as well. Getting the work permit was not a guarantee of getting the residency.

A new law on the issues of work permit and temporary residency is likely to make a difference. It will come into legal force on 27th of September 2017 and regulate all issues that were previously on the level of decrees of Cabinet of ministers or even orders of state bodies.

So, what are the main changes.

First of all we get a clear procedure without any corruption risks. The new law eliminates a lot of obstacles, shortens the process of getting the documents , prolongs the term of work permit , provides every foreigner with the right to obtain work permit, determines the right of getting residency on the basis of work permit. All the above mentioned provisions should raise the level of foreigner’s confidence; especially those who would like to come and invest in Ukraines economy.

According to the new law, a foreigner can get a work permit if he/she:

- has a draft of employment contract with employer with a salary of a legal entity 1300$ per month or 650$ for NGO entities;

- or belongs to a special category of foreigners: high-paid professional; owner (shareholder of a company); graduated from one of top 100 universities; artist; IT developer.

If you fall at least under one of the above listed categories of foreigners the requirement of high salary is not applicable.

Required package of documents that has to be submitted is as follows:

statement from employer that job isn’t connected with classified information;
translated copies of foreigner’s passport ;
photo of foreigner;
draft of employment contract authorised by employer.

For special category of foreigners documents that prove their status are also required.

To compare, previously you had to submit additional documents, such as: medical certificate from Ukrainian hospital on absence of specific illnesses, document from MIA of Ukraine on absence of conviction and imprisonment in Ukraine (certificate of criminal record), document from bodies of native state on absence of conviction and imprisonment.

Previously, the work period could not be longer that 1 year. According to the new law, the term of work permit is 1 year for general category and can be issued for up to 3 years for special category of foreigners and seconded employees.

Regardless of category, work permit can be prolonged unlimitedly on the basis of the same documents plus new photo and application from employer. Governmental fee for a work permit for a period of 3 years or its renewal is about 380$ and 250$ for 1 year period/renewal for the same term.

The second big issue that is regulated by the new law is temporary residency.

Investors that make an investment to the equity for more 100 000 euros are the new category of foreigners that can receive a temporary residency without getting a work permit.

For those who have a work permit, new law sets up a new terms of temporary residence operation — up to 3 years . New obligatory provision for all foreigners that are willing to get a temporary residence in Ukraine is a valid long term visa type D. Governmental fee for temporary residence is about 15 $.

Summing it all up, we can state that new law regulations are clear and can be easily used by any foreigner. Hope that this law will boost investment and change Ukrainian economy for the better.

Taras Guk, lawyer

ePravo.ua law firm.