EMPLOYMENT OF FOREIGNERS IN UKRAINE
One of the most common and effective ways for foreigners to legalise their stay in Ukraine is obtaining a Temporary Residence Permit (TRP) on the basis of employment. This allows a foreign national to stay legally in Ukraine for an extended period.
In most cases, the package of documents submitted to the State Migration Service must include a valid work permit for the foreign employee.
To simplify and speed up the process of obtaining this document, below are answers to the key questions in this area.
Can a foreigner who entered Ukraine on a visa be employed based on that visa?
Generally, a visa only grants the right to enter Ukraine legally and stay for a limited period of time.
An exception is the D-04 visa, which is issued based on an already obtained work permit. Therefore, both requirements are met:
– a work permit has been issued;
– the foreigner’s stay in Ukraine is legal.
However, there are important nuances: the work permit is issued by the Employment Center to a specific employer. No other employer may hire this foreign employee under that same permit.
Additionally, the permit is issued for a specific employee, for a specific term, and for a specific position. The only exception is holding multiple positions with the same employer.
Does a Temporary Residence Permit (TRP) grant the right to work?
Often employers hire foreigners based solely on their TRP, assuming it proves their legal stay in Ukraine.
In reality, this is incorrect. A TRP confirms legal residence, but it does not replace a work permit.
Moreover, employing a foreigner without a work permit exposes the employer to a fine of 1,700–3,400 UAH.
Thus, as a general rule, an employer must obtain a valid work permit before hiring a foreign worker.
Do all foreign employees require a work permit?
According to the Law of Ukraine “On Employment of the Population,” a work permit is not required for employment of:
1. foreigners who permanently reside in Ukraine;
2. foreigners who have refugee status or have obtained an immigration permit;
3. foreigners requiring additional protection or temporary protection;
4. accredited foreign media staff;
5. professional athletes, artists, and cultural workers employed in their field;
6. rescue workers performing urgent tasks;
7. employees of foreign representative offices registered in Ukraine;
8. persons involved in international technical assistance projects;
9. foreign teachers or researchers invited by higher or professional education institutions.
Note: this list is not exhaustive; there are additional categories exempt from requiring a work permit.
Can a foreigner with a TRP freely change their position and/or employer?
As noted earlier, employment requires a work permit.
The permit is tied to a specific employer and a specific position.
If a foreigner wants to change employers, they must:
– resign;
– return their TRP and deregister their address;
– leave Ukraine;
– obtain a new D-type visa (if applicable);
– upon return — sign a new employment contract, obtain a new TRP based on the new employer’s work permit;
– register a new address of residence.
If the foreigner changes employer but keeps the same TRP, it will be a serious violation of migration law because:
– the previous employer is required to notify the Employment Center and Migration Service within 10 days of termination, which leads to automatic cancellation of both the work permit and the TRP issued on its basis;
– the work permit only legalizes employment — it does not legalize the stay in Ukraine.
Thus, the foreigner would be staying illegally and could be held liable.
Changing the position within the same employer:
If the position changes completely the same full procedure applies as when changing employers (a new permit is needed).
If the foreigner works additional positions (internal part-time) with the same employer no new permit is required, provided the additional employment does not exceed the validity of the main permit.
If working for multiple employers the new employer must obtain a separate permit (the foreigner does not need to leave Ukraine).
A foreign employee may also temporarily substitute an absent employee without obtaining a new permit — but only for up to 60 calendar days per year.
May an individual entrepreneur (FOP / sole proprietor) obtain a work permit for a foreigner?
Yes — but only if the sole proprietor acts as an employer.
Can family members of a foreign employee obtain the right to reside in Ukraine?
Family members can obtain a Temporary Residence Permit, but only if the foreign employee already holds a valid TRP.
In other words, the work permit alone is not sufficient to legalise the family.
The foreigner must have a TRP first.
Family TRPs (for spouses and minor children) are issued for the same duration as the foreign employee’s TRP.
LBASE has extensive experience assisting foreign companies and individuals with employment in Ukraine. We have successfully completed numerous projects and have many satisfied Clients.
If you have any questions — LBASE will be happy to assist!
05.12.2023
