UKRAINE – Medicals Now Required; Timing Reduced; Procedure Amendments
Law number 437 of 27 May 2013 has now entered into force in Ukraine, with effect from early July, and a number of changes have been made to the immigration process as a result, including the requirement for medical certificates as part of the work permit application, and reduced processing times.
Effective immediately, medical certificates must now be submitted for employment permit applications. These should be issued in the home country and legalised or Apostilled for use in Ukraine, and then translated into Ukrainian.
The certificate must certify that the applicant is not addicted to drugs, or alcohol and does not suffer from infectious diseases (the list of specific infectious diseases is provided by the Ukrainian Ministry of Health Care). The medical certificate must be legalised/Apostilled in the country of issuance and translated into Ukrainian.
Labour Market Tests
Labour market tests, to prove that no resident worker can be found for the position, were previously required unless it could be demonstrated that the applicant was an intra-company transferee being assigned from a company linked to the Ukrainian company by common ownership.
Now, the requirement can also be waived if the applicant is assigned from a company that has an agreement with the Ukrainian entity; is the owner of the Ukrainian company and will take the position of Director; or is a copyright proprietor and comes to Ukraine to realise their right.
Also, the labour market tests must now run for at least 15 days before the labour office will accept the work permit application; it is not possible to submit the work permit application in advance of this.
Less Documents Required
Apart from the new requirement for a medical certificate, overall, the number of supporting documents required for the work permit application has been reduced, with the intent of simplifying the process – less documentation and certification is now required from the Ukrainian entity, which is good news for Ukrainian HR and office managers.
Shorter Timing for Work Permit
The new law states that the authorities must make a decision on a work permit application within 15 days (previously the time frame was 30 days). Note that the authorities may request additional information, so this does not mean that all work permits will be approved in 15 days. Also, the new rules change the payment procedure. Payment is now made after the work permit has been approved and then the labour office is obliged to issue the work permit document within 10 days of payment receipt – therefore, overall processing time is still in the 30 day range.
Loss or Damage to Work Permit
The new law also make specific reference to procedures in case a work permit is lost or damaged. Employers must notify the authorities of the loss or damage and, provided the employer can prove that the original work permit application was made, or can return the damaged permit, then the authorities are obliged to make a decision on the issuance of a duplicate within five working days.
- Note that, effective immediately, legalised or Apostilled medical certificates are required in support of work permit applications and ensure that this is in hand for current applications
- Note adjustments to labour market test exemptions and also timing for the labour market test and advise your Ukrainian colleagues of the change