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IMPACT – MEDIUM
What is the change? Ukrainian officials will soon implement a major overhaul of some of the country’s key immigration programs.
What does the change mean? Effective Sept. 27, Ukrainian officials will enforce new rules for the country’s work permit and temporary residence permit programs. The changes will affect documentation requirements, validity periods, salary minimums, processing times, filing deadlines and fees and government rules on how permit applications will be adjudicated and when companies must provide notice of a change.
Key information: The changes will be introduced under a law passed in May of this year. The law includes major changes to both the work permit and temporary residence permit processes.
Among changes to the work permit program, the law will:
Besides changing application processes, the law will also change how authorities adjudicate work permit applications. Under the new rules, work permits will only be denied if (1) the employer fails to correct application deficiencies, (2) misses the deadline for submitting renewal applications or (3) if the employer is absent or in the process of being removed from the public register of business entities.
Among changes to the temporary residence permit program, the law will:
Additional changes in the coming weeks and months should be expected. The law will have the effect of cancelling or updating a number of existing decrees that govern work permit and temporary residence permit processes, meaning additional directives are likely to be issued once it takes effect. Some points remain uncertain at this time, including whether companies will continue to be required to advertise job vacancies before recruiting a foreign national to fill the position.
BAL Analysis: Employers should become familiar with the new rules and anticipate additional changes in the weeks and months ahead. Applications that do not adhere to the new rules risk being delayed or rejected. BAL will continue to follow developments in Ukraine, including the expected promulgation of additional regulations governing work permit and temporary residence permit processes.
This alert has been provided by the BAL Global Practice group and our network provider located in Ukraine. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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