Temporary residence certificate for business

TEMPORARY RESIDENCE PERMIT FOR BUSINESS

Ukraine has chosen the direction of full European integration into a civilized society for high social development, transparent business conduct and economic growth of the country. Having received the status of a Candidate for membership in the European Union, many directions of migration processes are opened, which makes our country more attractive for the investments and the entrepreneurial activities by foreign entities. State authorities are setting high financial benefits for starting a business and reducing the tax burden in order to restore the economic attractiveness of the country after the war period. The European vector of Ukraine's development stimulates the volume of migration processes, because foreign investment contributions, as well as a foreign approach to doing business, gives a powerful impetus to the rise of the country's economic development, and accordingly, the social rise of the population's standard of living. The European Union allocates funds to create and maintain a comfortable economic climate, which in its turn ensures the stability of doing business for citizens of Ukraine, foreigners and stateless persons. After receiving the status of Candidate for EU membership, all citizens of Ukraine, foreigners and stateless persons can be sure that there is only and last step to full EU left, and therefore all principles, guarantees and obligations in the field of doing business in Ukraine will be for sure fulfilled and supported by state authorities and local self-government.
Opening a business on the territory of Ukraine gives an opportunity to extend the period of stay relative to the general regime by obtaining a temporary residence permit. Foreigners and stateless persons who have opened a business entity may stay in Ukraine to conduct such activity or leave Ukraine by appointing an authorized person as a director. Opening a company in Ukraine provides an opportunity and basis for obtaining an employment permit. 

RUNNING A BUSINESS IN UKRAINE

Foreigners and stateless persons who wish to do business in Ukraine must open a business entity. The form of the subject of entrepreneurial activity depends on the type of activity, the purpose of the activity, the degree of risk and the tax burden. The most common forms of business entities are Individual entrepreneurs and LLCs (limited liability companies).
An individual entrepreneur is an entrepreneur who realizes his/her ability to work through independent activity, at his/her own risk, with the aim of making a profit. The main feature of this type is that the IE risks his/her personal property, which belongs to him/her ina  form of a private property, that is, he/she bears personal responsibility before the tax authorities and creditors. The IE is very good for small and medium-sized businesses with a small number of employees.

Note: The "ENWOLT" legal association recommends this form of business activity for those foreigners and stateless persons who already have a permanent residence permit in Ukraine and want to run business.

A limited liability company (LLC) is an organization, a business entity, the authorized capital of which is divided into parts, the size of which is determined by the constituent documents. LLC founders risk only the size of their share contributed to the authorized capital. The biggest advantage of a partnership is that this business entity is easy to control and can be sold or new members can be added to it without any problems. At the time of foundation of a limited liability company, the director must be appointed by the general meeting of the company's participants. At the time of registration of the LLC by foreigners/stateless persons, the director must be a citizen of Ukraine or a foreigner must have a permanent residence permit, that is, a person who has the right to work in Ukraine.

Note: A foreigner/stateless person can become a director or any employee, the founder of the company only after obtaining a permit to employ foreigners.

EMPLOYMENT PERMIT FOR A BUSINESS FOUNDER

People who want to open a business in Ukraine generally cannot find a suitable director who is a citizen of Ukraine and want to directly manage the company's economic activities on his/her own. In this case, they must obtain a permit to employ the labor of foreigners and stateless persons.
The director is a position to which he/she is appointed by the founders at the general meeting of the company. The founders as owners and beneficiaries of the company can also be directors, but with the condition of obtaining an employment permit. An important condition for accepting a foreigner at a position of the director is also the appropriate wage rate, measured in minimum wages. According to the Law of Ukraine "On Population Employment", which regulates labor immigration of foreigners and stateless persons, foreigners must obtain an employment permit to occupy a certain position. If the founder of the company (IMPORTANT: this applies to the founder and the LLC, not the IE) wants to be a director or any other employee at any position, according to the classifier of professions, his/her salary per month must be from 1 minimum wage and above (optionally), and not from 10 minimum wages as for employees or in the case of an IE. Also, this specification of an employment permit for founders makes it possible to obtain an employment permit for 1 year and even for 3 years, unlike a regular foreign worker or a foreign business owner, who can obtain an employment permit for only 1 year.
Note: Issuing an employment permit for foreigners or stateless persons is a basis for issuing a temporary residence permit in Ukraine.