The EBA: Ukraine needs to implement realistic professional immigration procedures

14/ 08/ 2018

Regulation No. 322 (dated April 25, 2018) began to operate from June 1, 2018. This creates a legal conflict on the point of issuing temporary residence permits for foreigners in Ukraine. There are three key contradictions. According to the Law On the Legal Status of Foreigners and Stateless Persons (April 29, 2018), a temporary residence permit is issued by the Migration Service within 10 days. In accordance with CMU resolution No.322, this period is increased to 15 days. According to the Law, documents on the extension of the validity of the residence permit must be filed no later than 10 days before its completion, and according to the resolution - no later than 15 days. In addition, according to the law, documents for obtaining the relevant certificate may be filed by a representative with power of attorney from a foreigner, which is not stated in the resolution. According to the resolution, an ID card for a foreigner is implemented. The card will contain the biometric data of the employee, therefore excluding the possibility of filing documents under power of attorney. Business supports the idea of innovation and automatization of processes. However, firstly, it is important to ensure the availability of technical equipment and then to implement changes. It will help to exclude the lack of technical capabilities as a reason for refusal in obtaining a residence permit. Also, the Law stipulates that an employee in the Migration service must provide a description of the signed documents with a signature and an indication of the date after he/she receives documents from a foreigner. The resolution doesn’t fix this norm. There are fears that this may create opportunities for manipulations. Anna Derevyanko. Executive Director of the European Business Association. Today the labour market in Ukraine needs high-quality specialists. We extensively discussed this in the European Business Association. According to preliminary estimates, the number of Ukrainian migrants abroad is about 5 million. And here we have the case when our people go to work abroad but high-quality foreign specialists have to go through a long bureaucratic path to get a job in Ukraine. So, let’s be honest - we need to work on creating a quality migration policy in Ukraine. The development and implementation of clear rules is particularly important. Both business and the state will benefit. The European Business Association proposes that the registration of temporary residence cards must be governed primarily by the Law. And resolution No. 322 should be changed in order to ensure legislative harmony. In addition, a law has a higher legal nature than a resolution. Business urges the Government to take into account the above information. To ensure legal compliance it should be as clear and straightforward as possible. Reference: According to the State Employment Service, 12409 foreigners were officially employed in Ukraine in 2017. Each time the employer is obligated to undergo a procedure for obtaining a work permit and on the basis of it - a temporary residence permit, in order for the employee to have the formal right to work. The funds for obtaining these documents are one of the sources for supporting state budget. In order to make the procedure more transparent and convenient, Law No. 2058-19 was adopted. It amended a number of laws, among them, the Law On the Legal Status of Foreigners and Stateless Persons No. 3773. The document simplifies the terms for issuing / renewal of temporary residence permits for foreign citizens and defines a clear and transparent procedure for registration. So, substantial deregulation of the sphere has been nominally carried out. For example, today a foreign citizen must submit only 4 documents to the Migration Service. Business believes that the law is a quality step forward in employment of foreign citizens and seeks to prevent backsliding.

According to the Law “On the Legal Status of Foreigners and Stateless Persons” (April 29, 2018), a temporary residence permit is issued by the Migration Service within 10 days. In accordance with CMU resolution No.322, this period is increased to 15 days. According to the Law, documents on the extension of the validity of the residence permit must be filed no later than 10 days before its completion, and according to the resolution – no later than 15 days.

In addition, according to the law, documents for obtaining the relevant certificate may be filed by a representative with power of attorney from a foreigner, which is not stated in the resolution. According to the resolution, an ID card for a foreigner is implemented. The card will contain the biometric data of the employee, therefore excluding the possibility of filing documents under power of attorney. Business supports the idea of innovation and automatization of processes. However, firstly, it is important to ensure the availability of technical equipment and then to implement changes. It will help to exclude the lack of technical capabilities as a reason for refusal in obtaining a residence permit.

Also, the Law stipulates that an employee in the Migration service must provide a description of the signed documents with a signature and an indication of the date after he/she receives documents from a foreigner. The resolution doesn’t fix this norm. There are fears that this may create opportunities for manipulations.

Anna Derevyanko Executive Director of the European Business Association

Today the labour market in Ukraine needs high-quality specialists. We extensively discussed this in the European Business Association. According to preliminary estimates, the number of Ukrainian migrants abroad is about 5 million. And here we have the case when our people go to work abroad but high-quality foreign specialists have to go through a long bureaucratic path to get a job in Ukraine. So, let’s be honest - we need to work on creating a quality migration policy in Ukraine. The development and implementation of clear rules is particularly important. Both business and the state will benefit.

The European Business Association proposes that the registration of temporary residence cards must be governed primarily by the Law. And resolution No. 322 should be changed in order to ensure legislative harmony. In addition, a law has a higher legal nature than a resolution.

Business urges the Government to take into account the above information. To ensure legal compliance it should be as clear and straightforward as possible.

Reference:

According to the State Employment Service, 12409 foreigners were officially employed in Ukraine in 2017. Each time the employer is obligated to undergo a procedure for obtaining a work permit and on the basis of it – a temporary residence permit, in order for the employee to have the formal right to work. The funds for obtaining these documents are one of the sources for supporting state budget.

In order to make the procedure more transparent and convenient, Law No. 2058-19 was adopted. It amended a number of laws, among them, the Law “On the Legal Status of Foreigners and Stateless Persons” No. 3773. The document simplifies the terms for issuing / renewal of temporary residence permits for foreign citizens and defines a clear and transparent procedure for registration. So, substantial deregulation of the sphere has been nominally carried out. For example, today a foreign citizen must submit only 4 documents to the Migration Service. Business believes that the law is a quality step forward in employment of foreign citizens and seeks to prevent backsliding.