REASONS FOR CANCELLATION OF A WORK PERMIT FOR A FOREIGN CITIZEN IN UKRAINE

 According to the statistics of the International Organization for Migration in Ukraine, over the past two years, the percentage of foreign citizens who have arrived for work purposes has increased several times. This is primarily associated with optimal working conditions, not fundamental and not categorical requirements for employees, as well as for the profession of a foreign applicant.

 According to the legislation of Ukraine, all foreign citizens who come to Ukraine for work purposes must, without fail, obtain a work permit in Ukraine for the period stipulated by the contact with the employer (unless otherwise provided in the agreement on working conditions).

 The procedure for obtaining a work permit is clearly provided for by the legislation of Ukraine. It can be obtained for a period of six months to three years, depending on the available grounds and the specifics provided by law. Many people know that after obtaining a work permit, a foreign citizen is documented with a temporary residence permit in Ukraine. Also, there are often cases when the residence permit is canceled due to the cancellation of the work permit.

What are the real reasons for this?

 Ukrainian legislation clearly defines the grounds for the cancellation of a work permit.

If you analyze the issue from the very beginning, you should start from the moment the work permit is issued. The relevant state body, after making a decision to issue a work permit, within a few days issues a work permit to the employing company for the specified foreign employee. From the moment the decision is made, the employing company has 10 days in order to pay the receipts for the issuance of a work permit. If within 10 days the payment is not received, the permit is canceled.

Within 10 calendar days from the date of signing the contract between the employing company and the foreign employee, the first one is obliged to provide a certified copy of the signed labor agreement (contract) to the state body. Failure to submit such an agreement / contract is the basis for the cancellation of the work permit.

Failure to sign an employment agreement / contract between the employing company and the foreign employee within 90 calendar days from the date of obtaining the work permit is also a reason for canceling the work permit.

 With regard to the validity of a residence permit, subject to the cancellation of a work permit, it must be understood that the cancellation of a work permit is not a reason for canceling a residence permit. But it is impossible to extend the validity period of a residence permit for one more period, having a canceled (not renewed in its validity period) work permit for a foreign citizen in Ukraine.

Regarding the salary of a foreign employee:

non-payment of wages to a foreign employee is not a reason for canceling a work permit, and, accordingly, a temporary residence permit in Ukraine. However, it will serve to calculate penalties for the employing company.

 Strict implementation of all the prescribed legislative norms will allow avoiding problems when obtaining a work permit for a foreigner, as well as a temporary residence permit on the basis of employment in Ukraine.