- Registration Requirement for Employers Hiring Foreign Workers; Temporary Residence Permits for Dependents
- November 21, 2011
- Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
Ukrainian immigration authorities have begun to strictly enforce registration and certification requirements for employers seeking to employ foreign workers, pursuant to recent legislative changes to the Ukrainian visa system. All employers must now register with the Ministry of Internal Affairs before they can employ foreign nationals or issue invitation letters to prospective foreign workers. Previously, this registration requirement was not stringently enforced.
In addition to registering, a representative office of a foreign company must also certify its invitation letters with the Ministry of Economic Development and Trade, and representative offices of foreign banks must certify their invitation letters with the National Bank of Ukraine. A foreign national must now present the certified invitation letter when applying abroad for a type D visa and for a temporary residence permit after entry.
In other news, dependents of foreign workers will qualify for temporary resident permits starting December 25.
To register with the Ministry of Internal Affairs, an employer designates a representative employee responsible for handling registration matters for both the employer and the foreign workers. The representative physically visits the Ministry and adds a prospective foreign employee's name to the employer’s registration certificate for each temporary work permit that the company obtains. The Ministry may also require, in its discretion, the individual foreign worker to make a personal appearance. The duration of the registration process is unclear, but unregistered employers should register as soon as possible to avoid processing delays.
Temporary Residence Permits for Dependents of Foreign Workers
Beginning December 25, 2011, dependents of foreign workers who will not seek employment may enter the country with a Visa type D obtained at a Ukrainian consular post, which requires the principal’s certified invitation letter. After entry, the dependent may then obtain his or her own temporary residence permit based on his or her dependent status. Under previous policy, dependents could only obtain six-month visas and were required to leave the Ukraine and reenter if they wished to stay beyond six months, and had to complete the foreigner registration process each time.