August 15, 2013
On 5th July Ukraine has implemented various changes to its work permit process, which should both decrease the total processing time and simplify the application process for the sponsoring company.
Previously the Work Permit application could be submitted within 1 or 2 days of submitting a Work Force Demand (labor market test). Under the new law the labor office will only accept the Work Permit application if the Work Force Demand has run for at least 15 calendar days.
The Work Permit application processing time itself has been reduced to 15 business days. However, the Work Permit application fee will need to be paid within 30 calendar days of the date of approval, instead of prior to submitting the application. Because the actual Work Permit will only be issued within 10 calendar days of receipt of the payment we estimate that the overall processing time will on average be around one month from date of submitting the Work Permit application.
Work permits are generally issued with a validity of 1 year. For Intra Company Transfers the maximum validity of the first Work Permit has now been extended from 1 year to 3 years, with the possibility of renewing for another 2 years.
The Work Permit format of A5 paper was to be substituted by plastic cards. However, the introduction of these cards has been delayed. Since the authorities have run out of the old format they are currently issuing extracts on A4 blank paper instead.
If the original Work Permit is damaged a duplicate can be applied for by submitting an application form and the damaged original. The duplicate will then be issued within 5 business days.
Changes in requirements
With the new law corporate requirements have been significantly reduced, no longer including some of the tax and registration related documents that were previously needed. At the time of application it is also no longer necessary to include a draft of the employment contract; instead a copy of the actual duly signed and stamped employment contract will need to be submitted within 3 business days of the Work Permit approval.
Personal requirements for the initial application have been extended to include a Medical Certificate obtained in the home country and, depending on issuing country, requiring notarization and legalization or an Apostille.
Requirements for the extension of the Work Permit have been reduced drastically. Note however that the Labor Office has been found to constantly add additional requirements to the new list since it was published.
New notification requirements
Under the new law several situations have been defined which require the sponsoring company to submit a notification to the relevant authorities:
- If the employment of a foreigner ends earlier than stated in the Employment Contract the Employment Center at the Ministry of Labor will need to be notified within 3 business days from last date of employment;
- The Employment Center or local Immigration Office will need to be notified within 5 business days from the start date of the Employment Contract if the foreigner has not commenced work yet; and
- The Labor Office and State Migration Service will need to be notified in case of loss of the Work Permit. A duplicate will only be issued if the employer provides an application form and copies of the letters used for obtaining the Work Permit to the State Migration Service.
ACTION ITEMS FOR EMPLOYERS
Companies should especially note the newly introduced waiting period from date of submitting the Work Force Demand for submitting the Work Permit application. Although the new process should decrease overall processing times, HR should also be aware that the implementation of the above mentioned changes can initially cause some delays to the processing of work permit applications. And as always, both the application process and requirements can still change without any prior notice.
Caveat Lector | Warning to Reader
This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification. This alert was prepared by Carlijn Langeveld, Coordinator Knowledge Management. Pro-Link GLOBAL worked with our PLG | KGNM Correspondent Office in Ukraine to provide you this update.
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