On 11 February 2015, Resolution of the Cabinet of Ministers of Ukraine On certain business deregulation matters No. 42 dated 28 January 2015 (the “Resolution”), came into effect. The Resolution has simplified the procedure to issue and renew work permits for foreigners and stateless persons (the “Work Permit”) by (1) providing an extended list of grounds for when recruiting foreign labor is considered appropriate and justifiable; (2) changing time limits for renewal filings of the Work Permit, and reducing the maximum amount of time allowed to issue, or to renew a Work Permit; and (3) establishing that a Work Permit can be prolonged an unlimited number of times.
Foreign labor recruitment justification
The Resolution provides that recruiting foreign labor is considered appropriate and justifiable if a foreign national or stateless person holds a degree from any of the top 100 universities named in any one of the following world rankings: 1) Times Higher Education; 2) Academic Ranking of World Universities by the Center for World-Class Universities at Shanghai Jiao Tong University; 3) QS World University Rankings by Faculty; or 4) Webometrics Ranking of World Universities. Also, it will be considered appropriate and justified to employ a company shareholder for a managerial position, a manager or employee with occupation code 2131.2, 2132.2 or 3121 (such codes include database administrator, software development engineer, or technician programmer) if a company operates in the software industry, or to recruit a foreign national for a job where his/her major role will be to create copyrighted work.
Changes to time limits
The Resolution requires that the application for renewal of the Work Permit be filed at least 20 days (compared to 30 days) in advance of the Work Permit's expiration date. Also, now the employment center is required to take a decision on whether or not to issue/renew the Work Permit within 7 business days (compared to 15 business days prior requirement), and to convey its decision, including by email, to the employer within 2 business days. The employers, in turn, shall submit a copy of the employment agreement or contract with the respective foreign national to the employment center within 7 business days (compared to 3 business days) from the execution date of such agreement or contract.
Work Permit renewal is not limited
From now on the employers have the opportunity to renew Work Permits an unlimited number of times. If a fixed-term employment agreement or contract is executed, the Work Permit will be issued for the term of such agreement or contract but, in any case, not longer than for one year. If the employment agreement or contract is concluded for an indefinite term, the Work Permit will be issued for one year only.