Ukraine

When traveling to Ukraine, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require a work permit. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.

What types of activities may I engage in as a business visitor?

As a business visitor to Ukraine, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

• » Attend business meetings and negotiations
• » Buy goods for sale outside the country
• » Tour a company facility
• » Attend a trade show or seminar convention

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

Nationals of Canada, the European Union, the United States, and many other select countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Ukraine.

If ineligible for a visa waiver, you must obtain an e-Visa online or a Short-Term C Business Visa from a Ukrainian Consulate or Embassy, depending on nationality, prior to travel. Please consult with your immigration counsel before traveling to determine your eligibility for a visa waiver, e-Visa, or Short-Term C Business Visa.

Some nationalities may require security clearance in order to obtain a Short-Term C Business Visa or e-Visa, which may increase overall processing time. Please consult with your immigration counsel prior to travel for additional information and requirements.

What types of activities require a work permit?

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

• » Hands-on technical work
• » Repairs and maintenance

In limited circumstances, foreign nationals may engage in certain professional activities without obtaining work authorization, although strict preconditions must be met. An individual assessment is required before deciding whether an exemption is applicable.

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

The requirements for a work permit depend on your qualifications, on the nature and duration of your work, and on whether your employer has an entity in Ukraine. The most common Ukrainian work permits are:

• » Local Hire Work Permit (work authorization for direct hires)
• » Provision of a Contracted Service Work Permit (work authorization for transferees as part of a service agreement/contract)
• » Special Local Hire Work Permit (work authorization for highly-skilled direct hires)
• » Intra-Company Transfer (ICT) Work Permit (work authorization for transferees sent to carry out a service at a Ukrainian branch, affiliate, or subsidiary of the employing company)

Is it possible to be exempted from work permit requirements?

Work permits are generally not required for select groups and professionals, including journalists, professional athletes, and rescue service personnel. Please consult with your immigration counsel prior to travel for additional information and requirements.

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

Copyright © 2021 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.