Assessing Travel and Visa Obligations

Whether you can travel lawfully as a business visitor or require work authorization depends on the types of activities you will be conducting during your time in Ukraine. In case you are unsure if your activities constitute business or work, please seek advice from your immigration counsel.

Traveling for Business

What sorts of activities can I pursue as a business visitor?

Business visitors traveling to Ukraine may engage in the activities below. This list is not comprehensive and other activities may qualify as business.

• Attend business meetings
• Attend conferences and trade shows
• Tour a company facility
• Negotiate contracts
• Develop professional business contacts

If I qualify as a business visitor, do I need a visa for Ukraine?

Citizens from the EU, Canada, the US and most nationalities from the Commonwealth of Independent States (CIS) do not require a visa to enter Ukraine for the purpose of conducting business activities. Business visitors who require a visa to enter Ukraine must obtain a Business Visa prior to travel from a Ukrainian Consulate or Embassy.

Russian nationals may be required to obtain additional documentation to enter Ukraine.

Working in Ukraine

The activities below, whether paid or unpaid, generally constitute work under Ukrainian law. This list is not comprehensive and many other professional activities are considered work in Ukraine, even if conducted for a short duration.

• Hands-on technical work
• Repairs and maintenance
• Project planning and implementation
• Marketing
• Consulting

In some cases, you may be eligible for a work-permit exemption that allows you to conduct certain short-term professional activities while on foreign payroll for a limited time span; however, a legal assessment is recommended prior to travel to Ukraine.

If I am traveling to Ukraine for work, what type of work permit do I need?

The type of work permit required depends on your qualifications, whether your employer has an entity in Ukraine, and the nature and duration of your work. The most common Ukrainian work permits are:

• Work Permit - Local Hire (local hire work permit)
• Work Permit - Special Local Hire (highly-qualified work permit)
• Work Permit - Provision of a Contracted Service (specialist work permit)
• Work Permit - ICT (intra-company transfer work permit)

Are there any nationals who are exempt from work permit requirements?

There are no countries with established Work Permit exemptions with the Ukraine.

Work Permit exemptions may be available for select professions, including accredited journalists, artists, academics and holders of Ukrainian Permanent Residence Permits. However, you should obtain a legal assessment regarding application of exemptions prior to travel to Ukraine.

Foreign nationals working at a Ukraine-based, foreign-owned representative branch are eligible to apply for an Accreditation Card instead of a Work Permit.

What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection or work authorization entail careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

Copyright © 2016 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.