From now on, an “extra departure” from Ukraine is not required for foreigners to obtain a temporary residence permit in Ukraine. That is what the Government’ Resolution No.933 states.
Thus, legally employed foreign specialists (in Ukraine, employment permits are issued through employer companies) will be able to apply for a temporary residence permit while staying in Ukraine. Previously, they needed to make a formal, unnecessary trip abroad after obtaining a work permit in Ukraine to apply for a residence permit.
The simplified procedure will apply to all citizens of Belarus, Azerbaijan, Armenia, Moldova, and Uzbekistan who obtain a temporary residence permit in Ukraine.
At the same time, BRDO experts prioritize the simplified registration of single taxpayers of group 3 for foreigners who have not obtained a temporary or permanent residence permit. In particular, this is stated in Presidential Decree No.420/2020 of October 2, 2020. It is not necessary to change the legislation for this purpose: it is enough to publish an official explanation of the current Tax Code rules.
BRDO and IT Ukraine have already prepared a draft explanation and appealed to the Ministry of Digital Transformation, the Tax Service, and the Ministry of Finance to publish an explanation letter from the State Tax Service and general tax advice from the Ministry of Finance on choosing a simplified taxation system by foreigners registered as private entrepreneurs without a residence permit.
Future deregulation activities of BRDO experts imply active cooperation with the State Migration Service, the Ministry of Digital Transformation, the Ministry of Economy, and the IT Ukraine Association.
In late September, the Ministry of Economic Development, Trade and Agriculture of Ukraine published amendments to Order No. 283 of March 19, 2020, which simplify the immigration procedure for foreign specialists wishing to work in Ukraine. Experts from the BRDO’s IT&Telecom sector actively participated in the development of the document. In particular, there were the following changes:
- the list of occupations, the representatives of which have the right to obtain an immigration permit, was expanded (from 10 to 23)
- the obligation to provide a document on higher education in IT was removed
- the requirement for a minimum proven work experience in IT was reduced from 7 to 3 years.
Read about this and other changes here.
The solution to the problem of the over-regulated employment procedure for foreigners in Ukraine described in the adopted documents is proposed in the following analytical document: the Green Paper of the IT&Telecom sector “Software Development Market Regulation” published in October 2017.