UKRAINE – Significant Changes to Work Permit Procedure
On February 11th, 2015, a Resolution of the Cabinet of Ministers of Ukraine (No.42 of 28 January 2015) came into effect, amending the procedure for obtaining and extending work permits to the benefit of those doing business in Ukraine.
Under the amended regulations, the processing time for work permit applications has been reduced, work permits can be extended multiple times and closer to their expiry date, and the labour market search requirement is waived for additional categories of applicants.
Time Limits
- The maximum processing time for work permit applications has been reduced from 15 calendar days to 7 working days;
- The employer has 7 business days, rather than the previous 3 business days, to submit a signed employment agreement to the employment centre;
- The employer must pay the work permit fee within 10 business days from the applicant’s receipt of the decision, instead of the 30 calendar days from the date of the authority’s decision.
Work Permit Extension
- A work permit can now be extended unlimited times within the term of the employment contract. Previously, only one extension was allowed, after which a new work permit application had to be submitted;
- The deadline for submitting an application for extension of a work permit has been extended from 30 calendar days to 20 calendar days before expiration.
Labour Market Search Waiver
The 15-day labour market search period, between the date of the announcement of the vacancy and the date of application for a work permit, has been waived for some information technology sector applicants. These applicants include those creating copyrighted work and for graduates from top-100 higher educational institutions.
Other Changes
- Applicants must now be notified of decisions by email as well as regular mail;
- The employment centre must return documents to applicants if applications are denied or rejected;
- A new application form has been introduced.
Action Items
- Employers should adjust their plans to take into account reduced processing times and unlimited extensions;
- Employers must meet the new shorter deadlines for paying the processing fee and for submitting the signed employment agreement.