Strict Enforcement Leads to Processing Delays in Ukraine
December 27, 2011— Employers sponsoring foreign national workers in the Ukraine face lengthy delays as immigration authorities enforce registration and supporting documentation requirements. An upcoming government holiday closure from January 1, 2012 through January 9 is expected to increase the delays.
All employers must register with the Immigration Office (OVIR) and maintain their registration in order to employ foreign nationals or issue invitation letters to prospective foreign workers. Employers must have a valid and up-to-date OVIR registration at the time a new foreign employee starts work and applies for a temporary residence permit (TRP) permit.
Though the registration requirement has existed for some time, Ukrainian authorities have recently decided to enforce it strictly. Failure to register or maintain a registration can delay sponsorship applications, the start date of a foreign worker's employment, or the worker's ability to obtain a temporary residence permit.
To maintain their registration, sponsoring employers must notify OVIR immediately whenever information on their registration certificate changes or if the employee responsible for OVIR registration leaves their organization, and the registration certificate must be altered to reflect the change. When a foreign employee is terminated or makes a final departure from Ukraine, his or her TRP must be returned to OVIR. In addition to ensuring that the hiring company's OVIR registration is up-to-date, employers should be vigilant in timely renewing their registration to ensure its ongoing validity, since the company's registration must be valid at the time of the employee's TRP application.
In a related development, unconfirmed reports indicate that dependent spouses of foreign employees may be required to submit a legalized marriage certificate to obtain a TRP, depending on where the marriage occurred. Legalization was not previously required for dependents' marriage certificates.
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