01 04 2022
Entry into Kazakhstan of foreign nationals exercising the powers of the first executive.
Based on the provisions of the Constitution of the Republic of Kazakhstan, foreigners and stateless persons in Kazakhstan enjoy the rights and freedoms, as well as bear the responsibilities established for citizens, unless otherwise provided by the Constitution, laws and international treaties.
This article will consider the entry procedure for those foreign nationals who will be working in Kazakhstan as the first head of the company. It should be noted that labor permits and visas are required for foreign nationals, except for nationals of the member states of the Treaty on the Eurasian Economic Union, which are: Russia, Kyrgyzstan, Belarus and Armenia.
According to the rules and conditions for issuing and (or) renewal of permits for employers to hire foreign workers, as well as intra-corporate transfer (hereinafter referred to as the Rules), the following categories for foreign nationals who plan to work in the Republic of Kazakhstan are established
1) first category - heads and their deputies;
2) The second category - heads of departments;
3) Third category - specialists;
4) Fourth category - skilled workers.
It is the first and second categories that regulate the procedure for entry of foreign nationals exercising the powers of the first manager.
Thus, for example, legal entities - residents should keep in mind that the number of foreign workers as heads and their deputies, as well as heads of departments can not exceed 30 percent of the total number of employees. However, there are exceptions to this rule, so the above provisions do not apply to:
- small business entities;
- Government agencies and enterprises;
- foreign workers arriving for independent employment in Kazakhstan;
- permits issued under quotas on countries of origin in the presence of international treaties ratified by the Republic of Kazakhstan on cooperation in the field of labor migration and social protection of migrant workers;
- representative offices and branches of foreign legal entities with a number of employees not exceeding 30 people.
It is important to note that when calculating the local content in the number of foreign workers citizens of states parties to the Treaty on the Eurasian Economic Union are not taken into account.
As for the terms, permits for foreign nationals of the first category are issued for one, two or three years, with the right to extend the permit for one, two or three years.
As for foreign nationals of the second category, permits are issued for twelve months, renewable for a period of twelve months, but no more than three times.
The documents required for obtaining a work permit for foreign nationals of the first and second category are:
From the employer:
- an application from the employer;
- Notarized document certifying the identity of a foreign citizen with a translation;
- Notarized document certifying the education of a foreign citizen with a translation;
- Information on foreign workers to be hired (document that contains such information about employees planned to be hired as full name, date of birth, citizenship, ID details, country of residence, country of exit, education, and the position the employee will occupy in Kazakhstan);
- document confirming that the qualifications and professional experience of the foreign worker correspond to the position to which they are planned to be hired (track record);
- information about local content in the personnel (this form is contained in Appendix 6 of the Rules);
- documents confirming the payment of the fee for the permit.
If a foreign legal entity - employer operates in the Republic of Kazakhstan without establishing a branch, it is also necessary to provide a notarized contract for works, services with translation.
If the documents are correctly and completely collected and correctly submitted to the authorized body of employment, the permit is issued within 19 working days.
Upon receipt of the work permit other necessary documents (original passport, visa application form with a 3x4 photo, visa application, payment order from the bank evidencing the payment of state duty for the visa, as well as the received permit) are collected and submitted to the authorized body of the migration police for registration of the C3 visa. This visa is processed within 5 working days.
Within 3 working days from the date of entry into Kazakhstan, a foreigner must notify the authorized body of the migration police of his/her arrival, the period of stay and purpose of arrival. This can also be done by submitting an electronic notification on the e-government portal www.egov.kz or through the visa and migration portal. Since the first head of the company is an employee, notification of the arrival of a foreign citizen for employment must be carried out by the employer from his EDS.
Now let's consider the procedure for entry of foreign nationals of member states of the Treaty on the Eurasian Economic Union, exercising the powers of the first head of the company. In this case, the procedure seems more simplified.
To begin with, a foreign citizen needs to get an individual identification number (IIN). Having IIN allows you to get electronic digital signature (EDS), apply to state bodies of Kazakhstan for registration of civil status, open and maintain bank accounts in banks and organizations, which carry out certain types of banking operations, make payments, money transfers, register (re-register) legal entities and many other things.
To get IIN it is enough without entering Kazakhstan to submit an electronic request for IIN on e-government portal www.egov.kz. The following document is required: scan version of passport of foreign citizen with basic data (full name, place of birth, year of birth and other).
If the passport of a foreign citizen has no spelling of the establishment data (Name, Surname, Place of Birth) in Cyrillic, a copy of notarized translation of the passport in Cyrillic should be enclosed.
If there is no spelling of the establishment data (surname, name, patronymic, place of birth) in Latin alphabet in the passport, it is necessary to enclose a copy of a notarized translation of the passport in Latin alphabet. Copies of documents must be in one file, JPG format, not more than 1 megabyte in size.
If request is filled correctly and if there are no problems with attached document, IIN will be given to foreign citizen within 1 working day.
The next step will be the direct entry of a foreign citizen to the Republic of Kazakhstan. Within 3 working days, the foreign national will also need to notify the authorized body of the Migration Police of his/her arrival, the period of stay and purpose of arrival. This can also be done by submitting an electronic notification on the e-government portal www.egov.kz or through the visa and migration portal. In the case of foreign nationals of Eurasian Economic Union countries, the notice of arrival of a foreign national for employment is also submitted by the employer from his EDS.
Now a foreign citizen has to conclude an employment contract with the employer within 30 calendar days and to register the specified employment contract in the bodies of the migration police.
To register the employment contract, the presence of the host party - the employer and the foreign citizen himself is required.
- The original passport of the foreign citizen;
- Labor contract between the employer and the foreign citizen;
- application for registration of a foreign citizen with indication of place of residence in the Republic of Kazakhstan.
After submitting the above documents, a foreign citizen receives a document - a permit for temporary registration (residence) for the duration of the employment contract.
Thus, in order to carry out labor activities, a foreign citizen in the territory of the Republic of Kazakhstan only needs to gather a complete list of documents, submit them correctly to the authorized state agency, as well as not to violate the terms established by the legislation of Kazakhstan.
The author of the article: MG Partners lawyer Alina Dairabayeva.