New immigration rules require foreign nationals seeking to renew their residence permit to be present in Ukraine approximately 30 days before their residence permit expiration date since the work permit renewal timeframe has changed and since residence permit renewal applications can only be filed in Ukraine. Other work permit-related rules have also been amended. The amendments do not affect Ukraine-based representative offices of foreign companies.

The key changes are summarized below:

Work Permit Renewal Filing Timeline

Foreign nationals seeking to renew their work permit now cannot file their application earlier than 40 days (and no later than 20 days) prior to the expiration date of their work permit. Previously, there was no limit for early filing renewal applications.

To accommodate for this change, foreign nationals must submit their residence permit renewal application at least 15 days prior to the residence permit expiration date.

Secondary Employment Now Allowed

Foreign nationals can now be employed in several positions and/or at several employers. The regulations regarding this change are forthcoming.

Application Return

Within three business days of the filing date, the employment authority can now return an application if it contains incomplete or incorrect documents. Otherwise, the employment authority will process the application within the standard seven business days from the original filing date.

Deadline to Collect Issued Work Permit

Employers must now collect an issued work permit from the employment authority at most three business days after paying the government fee. Previously, there was no deadline to collect an issued work permit.

New Labor Agreement-Related Deadlines

Employers must now execute an employment agreement with the foreign employee no later than 90 days from the date of work permit issuance. Previously, there was no deadline for execution.

Employers now have 10 calendar days from the date of execution to provide the executed labor agreement to the employment authority, as opposed to the previous seven-business-day deadline.

New Deadline for Appeals

Foreign employees now have 10 calendar days from notification of work permit refusal to appeal the decision. Previously, there was no deadline for appeals.

What This Means for Employers and Foreign Nationals

Foreign nationals may have to change their travel plans to ensure they are in Ukraine approximately 30 days preceding the residence permit expiration date since residence permit renewal applications can only be filed in Ukraine.

Affected applicants should contact their immigration professional to discuss the possibility of seeking expedited processing of their residence permit renewal from the migration service to ensure timely filing of their dependents' residence permit renewal.

Employers and foreign nationals with questions regarding the new policies should contact their immigration professional for more information.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to emea@fragomen.com.

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