Obtaining a temporary residence permit on the basis of employment and the conclusion of a gig-contract

Employment contract and gig-contract

Official employment is one of the most common grounds for obtaining a residence permit, which is issued for the entire period of validity of the permit for the employment of a foreign national.

In addition, a residence permit may also be obtained on the basis of concluding a gig-contract.

A gig contract is a civil law agreement between a gig specialist and a Diia City resident. It should be noted that since 2021, Ukraine has operated a special legal regime known as Diia City, whose residents are allowed to engage foreign IT professionals under special conditions.

During the period of martial law, foreigners who plan to perform work and/or provide services under gig contracts may not be required to obtain a work permit. Exceptions also apply to foreigners who have refugee status or require additional protection, employees of representative offices and branches of foreign companies, or non-governmental organizations that are registered and accredited in Ukraine the exhaustive list is defined in the Law of Ukraine “On Employment of the Population.”

At the same time, other foreign nationals, when seeking employment, must first obtain an appropriate work permit for a specified period.

To obtain a residence permit, a foreign national must apply to the territorial office of the State Migration Service or to an Administrative Services Center at their place of residence, submitting the required set of documents.

Required documents and application procedure

First of all, a foreign national must prepare the following set of documents:

• a permit for the employment of foreign nationals; however, it should be noted that, in addition to gig specialists, there are categories of foreigners whose employment may be carried out without obtaining such a permit. In this case, it is sufficient to submit an employment contract instead. Individuals holding the status of a Foreign Ukrainian are also required to submit only an employment contract or a gig contract along with a Foreign Ukrainian ID;

• an employment contract (agreement) or a gig contract, which must be concluded within 90 calendar days from the date of issuance of the work permit;

• a Type D visa;

• an undertaking by the employer or a Diia City resident to notify the State Migration Service and the State Employment Service of early termination or expiration of the employment contract;

• a notarized Ukrainian translation of the passport;

• medical insurance covering the entire period of validity of the residence permit;

• a receipt confirming payment of the administrative fee.

The procedure for obtaining a residence permit consists of the following stages:

1. Collection of Documents

The employer is responsible for obtaining a work permit in Ukraine. It is the employer who applies to the regional employment center with the required set of documents. The processing time is up to 7 business days. The permit is not free of charge, and its cost depends on the period for which it is issued: up to 6 months inclusive — UAH 9,084; up to 1 year — UAH 15,140; from 1 to 2 years — UAH 24,224; and from 2 to 3 years — UAH 30,280.

After receiving an invitation from a Ukrainian employer and the work permit, the foreign national must apply to a Ukrainian embassy or consulate abroad to obtain a Type D visa for the relevant purpose of entry. It is recommended to apply no earlier than three months prior to the planned date of travel.

     2. Submission of Documents

The applicant personally submits the document package to the territorial office of the State Migration Service or to an Administrative Services Center at their place of residence.

     3. Review and Issuance of the Residence Permit

The residence permit is issued within 15 business days from the date the documents are accepted from the foreign national.

Rights of a foreigner holding a residence permit

First, a temporary residence permit ensures lawful stay and the right to carry out the relevant activities for a period of one year, with the possibility of extension. Until the permit expires, a foreign national has the right to freely enter and leave the country without visa formalities.

Second, holding a residence permit makes it possible to register a place of residence in Ukraine and, accordingly, to gain access to social guarantees provided by law, including paid leave, sick leave, and occupational health and safety protections. In addition, access to educational and medical services is guaranteed on the same basis as for Ukrainian citizens.

Obligations of a foreigner holding a residence permit

Since a foreign national will be earning income in Ukraine, it is essential to obtain a taxpayer identification number (registration number of the taxpayer’s учет card) by submitting the required documents to the territorial offices of the State Tax Service in the relevant region. Without this number, it is not possible to conclude an employment contract or a gig contract, open a bank account for receiving salary, or pay taxes.

It should be noted that a residence permit is issued on the basis of a specific contract; therefore, in the event of a change of employer, the foreign national must obtain a new work permit and a new residence permit.

Extension and replacement of the residence permit

At the same time, a residence permit is not subject to extension. If its validity period expires or an employment contract or gig contract is renewed or re-concluded, the permit must be replaced with a new one. Documents for the replacement must be submitted to the territorial office of the State Migration Service no later than 15 business days before the permit’s expiration date.

Although during the period of martial law residence permits whose validity expired after 24 February 2022 remain valid, it is still recommended to update the documents whenever possible.

Conclusions

The process of obtaining a temporary residence permit requires attentiveness and consistency. For successful legalization, it is important to take into account the specifics of the procedure, including compliance with document submission deadlines and the accuracy of their preparation and translation.

After obtaining the permit, it is essential to monitor its validity period. Staying in Ukraine with expired documents may result in administrative fines, deportation, and a ban on re-entry.