There are lots of companies in Kazakhstan that need to employ foreign citizens due to need in definite qualification, work experience or specialization of the employee. 

Labor permit shall be executed for all the foreign citizens, excepts citizens of EAEU countries (Russian Federation, Republic of Belarus, Republic of Armenia, Kyrgyz Republic). 

If the employer considers involving the foreign worker, permit execution procedure shall be started beforehand. Reckoning to obtain the permit in the following year, one shall lodge the requirement (quota) to the public authority in the current year.  

According to the legislation of the Republic of Kazakhstan, the following documents shall be executed for employment of foreign worker: 
1. demand for attraction of definite number of foreign citizens; 
2. permission for involvement of foreign labor (to empower the employee to work in Kazakhstan); 
3. С3 visa (for entry of employee to the territory of the Republic of Kazakhstan). 

FIRST STAGE:
it is necessary to execute the need in attraction of foreign labor. The enterprise (inviting party) lodges the necessary application to public body dealing with employment coordination, describing the real need in foreign workers. Application on demand for employment of foreign workers for the following year is lodged till the 1st of August of current year. 

SECOND STAGE:
execution of permission for involvement of foreign labor or involvement of foreign labor within the frameworks of intra-company transfer.  Permission for involvement of foreign labor, as a rule, is executed by companies that need specialists of definite qualification, which are absent in labor market of Kazakhstan. 

Permission for involvement of foreign labor within the frameworks of intra-company transfer suggests that foreign company has registered office in Kazakhstan, where the parent company sends its employees, i.e. for execution of their labor duties in Kazakhstan branch. 

However, not all the categories of employees might be transferred within the frameworks of intra-company transfer. 

Categories of employees that may be involved within the frameworks of intra-company transferare defined by the legislation: 
1) senior managers; 
2) managers; 
3) specialists. 

Execution of special conditions for selection of employer: 
1) professional training of citizens of the Republic of Kazakhstan in the specialty of involved foreign worker; 
2) retraining of citizens of the Republic of Kazakhstan in the specialty of involved foreign worker; 
3) advanced training of citizens of the Republic of Kazakhstan; 
4) creation of employment for citizens of the Republic of Kazakhstan in the specialties where foreign workers are employed. 

THIRD STAGE:
execution of С3 visa. This visa is executed for the period of issued permission. 

After obtaining of permission, it is necessary to lodge the documents to the Department of migration police. Application lead time – 5 business days. 

Employers often face different difficulties at execution of permissions for involvement of foreign labor: execute and collect the suite of necessary documents, translate them into Russian and Kazakh and duly legalize. All the forms starting with the application and up to the documents of foreign worker shall be composed without mistakes and contain correct information. 

In majority of cases companies get the rejection from public body of involvement of foreign worker, due to execution of documents with violations of legislation in force, or, often, due to poorly expressed need to involve the woreign worker. For this reason, to avoid the rejection, I would recommend you first of all consult with the lawyer majoring in the obtaining of such permissions. 

Author: Darya Markina, Partner at MG Partners