It has become easier for foreigners to work in Ukraine
For the first time, the European Business Association launched an express survey among member companies that employ foreigners or provide relevant consulting services in this area. The survey concerned the procedures for obtaining work permits and residence permits.
Business marks the following six positive developments that took place after the adoption of Law N 2058.
- Firstly, the list of required documents has become fewer (from 8 to 4) and clearer (for example, there is no longer a need to provide a medical certificate, a certificate of absence of conviction, etc.).
- Secondly, there is the possibility of issuing permits and certificates for a longer period (3 years instead of 1), thus foreigners do not need to undergo the procedure every year.
- Thirdly, there is the possibility of applying for documents through other structures (Passport service, Center of administrative services). This eases queues and the applicant does not have to wait a few weeks to submit the documents.
- Fourthly, the terms for issuing permits are shortened (now it is 3 working days to continue the permission and 7 days to apply for the registration for the first time, earlier – applicants needed 7 working days both for the initial registration and for continuation).
- Fifth, ID-cards are already being issued on time, except for individual cases and compared with the waiting time that was at the beginning of the introduction of cards. Since ID-card printing is carried out only at the Ukrainian Printing Company in line with all national documents, the delays sometimes took 3-4 weeks, while according to Resolution N 322, the issuance should take place within 15 working days.
- Sixth, the gradual introduction of electronic services – the improvement of the electronic queue, the introduction of a chat-bot which provides answers to the most common questions about services of the State Migration Service – is continuing.
The process of reform in Ukraine is not so fast. Business has been talking since 2013 about the importance of simplification of the procedures for the employment of foreigners in Ukraine. Now it is clear that it is easier for foreigners in Ukraine to find employment than it was several years ago. But there are still some organizational issues, for example, concerning regional aspects. For example, in Lviv region there are no difficulties with queues in the migration service but unfortunately in Kyiv it is still a problem.
So, business emphasized the importance of improvement of several aspects. First of all, the introduction of a comprehensive electronic document flow for filing permits and certificates, as it is still being carried out in the format of a live queue at the State Migration Service, and copies of documents need to be provided in paper format. In addition, the State Migration Service does not issue a description of documents confirming the process of filing documents for obtaining a certificate (that is, now, it is impossible to confirm which documents and when they were submitted to the migration service). At the same time, there are not enough qualified personnel to be in charge of accepting documents, and as a consequence, this delays the process of filing documents.
Legislative and sub-legislative acts are still uncoordinated. For example, in the wording of the Law “On the Legal Status of Foreigners and Stateless Persons” (dated April 29, 2018), a temporary residence permit is issued by the Migration Service within 10 days. In accordance with the resolution of the CMU N 322, this period is increased to 15 days. There is also a difference in the fact that according to the Law documents on the extension of validity of the certificate must be filed not later than 10 days before the completion of its validity, and in accordance with the Resolution – not later than 15 days. It is necessary to harmonize at least a compromise of 15 days in the Law and Resolution.
Separately, the European Business Association asks the Ministry of Foreign Affairs to clarify the procedure for issuing a “D” visa (for a foreigner) on the territory of Ukraine, and not abroad, whether this procedure will be introduced or not and when. In February, this idea was voiced by the business community was supported by the Prime Minister of Ukraine, Volodymyr Groysman and the President, Petro Poroshenko at a meeting with the IT business. But according to information received from the Ministry of Foreign Affairs, there is a number of obstacles in the implementation of this procedure, it has still not been launched and, unfortunately, it is unclear whether it will be implemented or not.