Where does the 'FOP cannot hire' myth come from?
We regularly meet foreigner-plus-FOP pairs who were told that only companies may hire foreigners. That is false. The employment law defines an employer without limiting its legal form, and a sole trader fully fits that definition.
In practice a FOP employer is even more convenient for small business: fewer corporate documents in the package and simpler communication with the employment center.
What the FOP does, step by step
- 1Agrees with the foreigner on the position, official salary and duration.
- 2Prepares the application and copies of the foreigner's documents (passport, photo).
- 3Files the package with the regional employment center.
- 4Gets the decision within 7 working days and pays the permit fee.
- 5Signs the employment contract with the foreigner.
- 6The foreigner, with the permit and the contract, applies for the residence permit.
Nuances every FOP should know
- The foreigner's salary must meet the minimum threshold for foreign employees, verify the current multiple before filing
- The permit fee is paid by the FOP, passing it to the employee is forbidden
- The permit is tied to a specific position: changing the position requires changing the permit
- Taxes and social contributions for the foreigner are paid the same way as for a Ukrainian employee
Official sources
Frequently asked questions
Can a foreigner register their own FOP instead of being hired?+
Yes, a foreigner with a residence permit can register their own FOP. But that is a different model: your own FOP does not replace a work permit for employment with another employer.
How many foreigners can one FOP hire?+
The law sets no separate limit for FOPs: a separate permit is obtained for each foreign employee.
What happens to the residence permit if the FOP closes?+
When the employment ends, the ground for the residence permit disappears. The foreigner has limited time to find a new employer with a new permit or another ground, otherwise the residence permit is cancelled.
This article is general guidance, not individual legal advice.