How do you get a temporary residence permit in Ukraine based on a work permit?

How employment becomes a ground for a residence permit

Among our clients, employment is one of the most common grounds for a temporary residence permit, in Ukrainian a посвідка на тимчасове проживання (TRP). The logic works as a chain. The employer obtains a work permit (дозвіл на застосування праці) for the foreigner, and that permit becomes the supporting document the foreigner takes to the ДМС (State Migration Service, DMS). Without a work permit there is no work-based TRP.

The general procedure for any TRP is described in the TRP guide. Here we look at what is specific to the work ground.

Step-by-step route

For most clients the route has five steps, and their order never changes:

Steps 3 and 4 often run in parallel. What matters is that the contract is not late, because without the filed copy the employment centre revokes the work permit, and the ground for the TRP collapses along with it.

1. 1The employer files the work permit package with the центр зайнятості (employment centre) and receives a decision. What goes into that package is covered in the article on [documents for a work permit](/knowledge/work-permit/documents-for-work-permit).
2. 2If the foreigner's nationality requires it, they obtain a type D visa at a Ukrainian consulate abroad. The difference between the visa types is explained in [type C or type D visa](/knowledge/visas/visa-c-vs-d).
3. 3The foreigner enters Ukraine and files the TRP documents with the DMS no later than 15 working days before the permitted stay ends, as paragraph 17 of Procedure No. 322 requires. The permit is issued within 15 working days of the date the documents are accepted.
4. 4The employer signs an employment contract with the foreigner no later than 90 calendar days from the date the work permit was issued and files a certified copy with the employment centre.
5. 5Once the card has been issued, the foreigner registers their place of residence.

Documents for the DMS

Every ground uses the same base TRP package, and it is covered in detail in the article on documents for a TRP. The work ground adds two documents required by subparagraph 1 of paragraph 33 of Procedure No. 322.

The first is the work permit itself. Where the law allows the foreigner to be employed without a permit, the employment contract or gig contract is filed instead. The second is an undertaking from the employer, or from the Diia City resident in the case of gig specialists, to notify the DMS and the employment service of the early termination or ending of the contract with this foreigner.

People often underestimate the undertaking, yet it shows the logic of the whole arrangement. The employer takes on a duty to tell the state when the ground disappears. That is where the consequences for the TRP on dismissal come from.

How long is the permit issued for?

A work-based TRP is issued for the period of work stated in the work permit (paragraph 4 of Procedure No. 322). For an ordinary employee the work permit is issued for the term of the employment contract, and that term is up to two years. So the length of the TRP is set by the work permit, not by what the foreigner would like.

This gives a practical rule. A mistake in the permit dates, or a work permit issued for a shorter term than planned, automatically cuts the TRP short. That is why we check the term in the employment centre's decision before anything is filed with the DMS.

When the work permit is renewed, the TRP is exchanged for a new term. Plan the two procedures together, starting with work permit renewal.

What happens after dismissal

Dismissal affects both documents. The employer must apply to the employment centre to revoke the work permit once the employment contract has ended. The DMS, in turn, may revoke the TRP at a reasoned request from the host party, including on dismissal, or because the grounds for stay have ended.

Revocation of the TRP is not instant, and in that window you can still keep your status. To do so, the new employer obtains its own work permit, and both employers notify the DMS of the move. The steps are described in the article on changing employer.

Lawyer's experience

In our cases, a work-based TRP is most often broken not by the DMS but by the employer. The employer forgets to file the copy of the employment contract on time, or fails to pay the single social contribution (ЄСВ, ESV) for the employee. Non-payment of that contribution for two months from the date the contract was signed is a separate ground for revoking the work permit, and the work permit pulls the TRP down with it.

The second thing I advise you to prepare for is the interview. After filing, citizens of some countries are invited to the DMS for a conversation. They are asked what the employer does, what position the foreigner holds and where they live. The answers must match the documents. Bring your lease and make sure the address in it is the same as in your application form.

Finally, a work-based TRP does not entitle you to just any job. You may work only in the position and for the employer named in the work permit, apart from lawful combination of jobs. A change of position requires amendments to the work permit.

Once the work permit is in hand, we handle the residence permit process from checking the deadlines to the issue of the card. After that, all that remains is to register your place of residence.

Frequently asked questions