17:07 14.08.2018

EBA insists on removing legislative contradictions for hiring foreignersEBA insists on removing legislative contradictions for hiring foreigners

3 min read
EBA insists on removing legislative contradictions for hiring foreignersEBA insists on removing legislative contradictions for hiring foreigners

Government resolution No. 322 from April 25, 2018, which took effect on June 1, creates a legislative collision for registering temporary residence for foreigners in Ukraine, European Business Association (EBA) experts have said.

"We are talking about three key contradictions. In the first draft of Ukraine's law "On legal status of foreigners and persons without citizenship" from April 28, 2018, temporary residence is granted by the State Migration Service within ten days. In conformance with Cabinet resolution No. 322, the period increases to 15 days. There is another difference because, according to the law, documents for renewing residency should be given no later than 10 days before expiry. According to the resolution, they must be filed no later than 15 days," the EBA said in press release on Tuesday.

In addition, in conformance with the law, documents for receiving temporary residency can be filed by a representative authorized by the foreigner, something that is not stipulated in the resolution.

"The resolution introduces an ID card of the foreign citizen containing his or her biometric data, which rules out filing documents using a notarized intermediary," EBA experts said.

"The corporate sector supports improving and automating processes. However, it's important to provide necessary technical equipment, and only then introduce changes. This would prevent the reason for refusals to grant temporary residency to be the lack of technical capabilities," the EBA said.

In addition, according to the law, State Migration Service workers who receive documents from the foreigner must itemize the documents received with their signature and the date. The resolution does not require this. "This creates worries that possibilities for manipulation could be created," the EBA said.

"The EBA's opinion is that, first and foremost, the law should govern procedures for temporary registration. Resolution No. 322 should be amended so that legal norms coincide with the law. In addition, the resolution as a legal act cannot contradict the law, which has higher legal force," the EBA said.

Ukraine should develop migration policy with high standards and develop understandable rules for employment by foreigners because the labor market needs quality specialists, EBA Director Anna Derevyanko said.

"According to preliminary calculations, the number of labor migrants from Ukraine abroad is about five million. The situation is developing when our people travel abroad to work, and quality foreign specialists must travel a long journey in order to secure work in Ukraine," EBA's press service said, quoting Derevyanko.

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