Aigerim Masatbaeva,
Legal advisorlaw firm
Qazlegal Consult
Due to the geopolitical situation in the region and the consequences of anti-Russian sanctions over the past few years, many foreign companies are considering registering a business in Kazakhstan.
The IT sector should be noted : many IT companies were registered in Kazakhstan and became participants in the Astana-Hub International Technopark , which provides its residents with tax benefits and migration benefits for workers. However , the situation in the region also has an impact on the migration legislation of Kazakhstan, for example, new requirements have been introduced for the registration of a temporary residence permit for a business immigrant for citizens from the EAEU countries, Azerbaijan, Uzbekistan and Tajikistan for company registration, as well as the right of migration services to conduct unscheduled inspections legal entities and individuals. This material examines the main issues on migration legislation for doing business by foreign citizens and highlights practical mistakes that are made when registering a foreign business in Kazakhstan.
C5 visa for business immigrant
Business immigrants are immigrants who arrived in Kazakhstan for the purpose of carrying out entrepreneurial activities. [1]In accordance with the Law of the Republic of Kazakhstan “On Migration of Population”, in order to register a company visa in Kazakhstan, or to become one of the founders of an existing company, you must first obtain a C5 visa category of business immigrant. The C5 visa is issued at the Kazakhstan embassy abroad on the basis of an invitation from a company registered in Kazakhstan.
Conditions for issuing a C5 business immigrant visa to a foreign citizen [2]:
- invitation from a local company;
- the age of majority of the applicant;
- provision of a medical certificate confirming the absence of diseases that interfere with work activity;
- medical insurance;
- certificate of presence/absence of criminal record;
- provision of a certificate of the presence/absence of a ban on entrepreneurial activity, issued in the country of citizenship;
- Consular fee 80 USD.
A single entry C5 visa is initially issued for 90 days and can be extended for up to two years.[3]
TRP for a business immigrant
Citizens arriving from countries with which Kazakhstan has a visa-free regime for registering a company must obtain a temporary residence permit for a business immigrant. These countries include:
- Russia
- Belarus
- Armenia
- Kyrgyzstan
- Tajikistan
- Azerbaijan
- Uzbekistan
To obtain a temporary residence permit for a business immigrant, it is necessary to obtain a petition from the local executive body (at the akimat).[4]
Conditions for obtaining a temporary residence permit for a business immigrant:
- petition from the local executive body-akimat;
- the age of majority of the applicant;
- provision of a medical certificate;
- medical insurance;
- certificate of presence/absence of criminal record;
- provision of a certificate of the presence/absence of a ban on entrepreneurial activity, issued in the country of citizenship.[5]
Temporary temporary residence permits for business immigrants, as well as members of their families, are issued by internal affairs bodies for one year with the possibility of annual renewal.
Akimats issue applications to extend or shorten the period of validity of temporary residence permits to business immigrants with notification to national security authorities.[6]
It is prohibited to register a company and become a member of an already registered company without a visa or temporary residence permit. Read more about [7]temporary residence permit for a business immigrant here .
Permission for employers to hire foreign labor
Companies hire employees who are foreign citizens on the basis of a permit to attract foreign labor (work permit).[8]
To protect the labor market, the authorized body annually sets quotas for attracting foreign labor for each administrative-territorial unit.[9]
In order to determine the procedure and conditions for issuing or extending a permit to attract foreign labor, the following categories of workers are established:
- first category – managers and their deputies;
- second category – heads of structural divisions;
- third category – specialists;
- the fourth category is skilled workers.[10]
The period for reviewing documents for issuing a permit is up to 19 working days.
The employer is the inviting party to whom the employee is sent to work. As the inviting party, the employer is responsible for his entry and timely departure from Kazakhstan.
Engaging foreign workers without a work permit is not allowed, therefore administrative liability is provided in the form of a fine in the amount of: for small businesses or non-profit organizations - 100 MCI; for medium-sized businesses – 200 MCI; for large businesses – 700 MCI.[11]
Who does not need to obtain work permits?
- citizens of the EAEU countries within the customs union;
- a director and two deputy directors, if the founder of the company is a 100% foreign founder(s);
- director of a branch/representative office of a foreign company registered in Kazakhstan;
- a foreign citizen working remotely from another country. Learn more about remote work here ;
- employee-company of the Astana-Hub participant;
- an employee of a company registered in the AIFC.
Work visa category C3
After the employing company has received work permits, the foreign employee must obtain a C3 work visa. The C3 visa is granted for up to three years. In most cases, the visa is valid for one year.
A C3 visa can be obtained from the Kazakh consulate in the country of citizenship and permanent residence of the worker or from the migration service if the foreign worker is already in Kazakhstan on a visa of a different category. But there are limitations: not all visa categories can be changed to a C3 visa.
The processing time for a C3 visa is up to 30 working days. In practice, in most cases it takes 5 working days
That is, to work in Kazakhstan, a foreign citizen must first obtain a work permit to attract foreign labor. Then get a C3 work visa to enter Kazakhstan.
RVP for work
For citizens of the EAEU countries, Azerbaijan, Tajikistan and Uzbekistan, instead of a C3 work visa, it is necessary to obtain a temporary residence permit for work when finding employment in Kazakhstan. The receiving party of the employee is the employing company. A temporary residence permit is issued for a period of one year.
For citizens of Armenia, Belarus, Kyrgyzstan, Russia, Azerbaijan and Tajikistan, a temporary residence permit must be issued within 90 days from the date of entry into Kazakhstan.
For citizens of Uzbekistan, it is necessary to obtain a temporary residence permit within 30 calendar days from the date of entry into Kazakhstan.
The period for issuing a temporary residence permit is 1 working day, but in practice it can take up to 3 working days.
Practical mistakes that are made when registering a business
- Registration of a company by a foreign citizen without obtaining a C5 visa, which can lead to subsequently to cancellation of the Company's registration based on a court decision.
- An important point in extending a C5 visa from a single-entry to a multiple-entry C5 visa is that the visa can only be extended while in Kazakhstan. Whereas in practice, the founders come to Kazakhstan, register a company and leave. After leaving Kazakhstan, a C5 visa cannot be extended and you cannot get a multiple-entry C5 visa either. That is, you can extend a C5 visa for two years only while in Kazakhstan on a single-entry C5 visa.
In practice, entrepreneurs register a company and do not always start doing business right away. Whereas from the moment of company registration, it is necessary to submit tax reports, even if the company is not operating. Another option is to suspend the company's activities until business begins.
Migration control
From July 17, 2024, the Law of the Republic of Kazakhstan “On Migration” has been supplemented with an innovation - a mechanism for monitoring violations of migration legislation by legal entities and individuals. Control over compliance with migration legislation is entrusted to the territorial internal affairs body represented by the migration service. Migration control in the form of unscheduled inspections can be carried out in relation to individuals and legal entities receiving foreigners and stateless persons and (or) using foreign labor.[12]
All conclusions and proposals reflected in this article are purely advisory in nature and do not entail obligations for a third party to perform any specific actions. If you have any questions, please contact ( WhatsApp : +77715804141, Email: This email address is being protected from spambots. You need JavaScript enabled to view it.).
[1]Clause 2 art. 34 Law of the Republic of Kazakhstan “On Population Migration” July 22, 2011 No. 477-IV ZRK (Law “On Population Migration”).
[2]Art. 39 of the Law “On Migration of Population”.
[3]Clause 11, clause 49 of the Joint Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated November 24, 2016 No. 11-1-2/555 and the Minister of Internal Affairs of the Republic of Kazakhstan dated November 28, 2016 No. 1100. Registered with the Ministry of Justice of the Republic of Kazakhstan on December 15 2016 No. 14531. On approval of the Rules for issuing invitations, coordinating invitations for entry of foreigners and stateless persons into the Republic of Kazakhstan, issuing, canceling, reinstating visas of the Republic of Kazakhstan, as well as extending and shortening their validity.
[4]Art. 6-1 of the Law “On Population Migration”.
[5]Art. 39 “On population migration.”
[6] Pp . 13, paragraph 1, art. 15 of the Law “On Migration of Population”.
[7]Clause 2 art. 40 of the Law “On Migration of Population”.
[8]Clause 1st. 37-1 of the Law “On Population Migration”.
[9]P.1. Art. 36-1 of the Law “On Population Migration”.
[10]Clause 5 of the Order of the Deputy Prime Minister - Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated June 30, 2023 No. 279. Registered with the Ministry of Justice of the Republic of Kazakhstan on June 30, 2023 No. 32977. On approval of the Rules and conditions for issuing or extending permits to employers to attract foreign labor, as well as intra-corporate transfers.
[11]Art. 519 of the Code of the Republic of Kazakhstan “On Administrative Offenses” admin July 5, 2014 No. 235-V ZRK.
[12] Clause 1, 2, Article 58-1 of the Law “On Migration of Population”. The changes come into force on July 17, 2024.
