FAQ

If your company plans to engage foreign labor force next year, it is required to submit the quota request by October 1 of the current year. As the latest practice shows, issuance and extension of work permits are carried out in accordance with the number and positions specified by an employer in the application.

Employer executes the quota request by type of economic activity, specifying the required number and positions of the foreign employees attracted for next year. To the application, it is required to attach copies of the service contracts for the performance of work /provision of services/.

Rules for attracting foreign labor force in the RoK specify the following grounds for refusal of work permit:

• establishing unreliability of documents submitted by the employer for obtaining work permit, and/or the contained information
• exceeding the size of quota allocated in the region
• non-compliance by the employer with the conditions on percentage ratio in personnel (local content)
• non-compliance of education and work experience level of the foreign specialist with the established qualification requirements
• non-fulfillment of obligations on replacement of the foreign specialists of 4 category
• establishing the fact of engaging foreign workers without work permit, as well as attracting foreign workers in specialty that does not correspond to the specialty in work permit. It should be noted that in these cases, the employment department will not issue new work permits within 12 months since establishing such fact.

The application should be submitted to the Department for coordination of employment and social programs of each region where your company operates or plans to work next year.

Application along with other supporting documents for extension of work permit must be submitted not later than 30 calendar days prior to the expiration of work permit.

It is important to note that failure to comply with deadline for submission of documents shall not allow the company to extend work permit, which shall require termination of the employment relationship with the employee until new permit is received. Therefore, extension process should be initiated in time.

If a foreign worker holds a position of the first category, then work permit may be extended for a period of one, two or three years. Number of such extensions is not limited by the rules.
If a foreign worker holds a position of the second or third category, so work permit can be extended for one-year period, but not more than three times.

The inviting company applies for entry permission to the akimat at the place of legal registration or to the relevant ministry.

In practice, period for consideration and approval of the IDC permission application is 2-3 weeks approximately since submission date.

If the application is approved, the akimat or relevant ministry will inform the host organization and forward a copy of the IDC protocol. From this moment, it is possible to initiate the visa process at the migration service.

Pay attention!IDC permission is not required for citizens of those countries with which Kazakhstan has resumed direct regular air flights

The service contract should contain:
• preamble
• subject of the contract (scope of work)
• terms and place of service provision
• details and signatures of the parties

It is not required to provide:
• confidential (financial) part of the contract
• notarized copy or extract from the contract

Pay attention. When applying for a multiple-entry B2 for citizens of 48 economically developed and politically stable countries, the service contract is not required in accordance with paragraph 12 of the Rules for processing invitations and issuing KZ visas.

According to article 517 of the Administrative Offences Code, late departure of a foreigner entails:

• within 3 days - a warning
• from 3 to 5 days in - a fine of 10 MCI (29 170 tenge)
• from 5 to 10 days - a fine of 15 MCI (43 755 tenge)
• more than 10 days after the expiration of the established period - a fine of 25 MCI (72 925 tenge) or administrative deportation from the country

For repeated violations within a year, a court decision may apply to a foreigner:

• a fine of 15 MCI (43 755 tenge) or administrative deportation from the RoK
• arrest for up to 15 days with administrative deportation from the RoK
• 5-year ban on entering the country

Work permit entitles a foreigner to work in the Republic of Kazakhstan, and work visa gives the right to enter and reside in the territory of the Republic.

Visa is not required, and a foreign national can arrive in Kazakhstan under visa-free regime on reasonable grounds.

For example, according to the bilateral agreement with Argentina, citizens of this country can arrive in Kazakhstan under business purposes for up to 30 calendar days within 1 year from the date of their first trip to Kazakhstan. Moreover, the period of stay can be extended 1 time for additional 30 calendar days.

However, an Argentine citizen will additionally need a permission of the Interdepartmental Committee to enter Kazakhstan during the quarantine period. Such permission must be obtained by an inviting organization in the RoK.

In accordance with the KZ visa regulations, the host entity should submit the following documents to the migration office:

• visa invitation letter (including a receipt for state duty payment)
• seaman passport*
• ship's role certified by the company's stamp
• employment contract with a foreign employee

*Important to note:
Depending on the country of issuance, the seaman passport is subject to apostille or consular legalization. If the document is issued on the territory of the CIS member states, passport copy will be sufficient.

Seaman passport issued abroad must be translated into the state or Russian language, and the authenticity of the translator's signature must be certified by a notary.

If a child has a foreign citizenship, it is necessary to obtain C11 visa (for minor children) according to the KZ visa regulations. Such visa is issued for a period of up to 3 years with the right of renewal in Kazakhstan. In order to obtain C11 visa, apostilled / legalized copy of the child's birth certificate / marriage certificate will be required.

KZ visa rules do not specify any type of visa for registering marriage in Kazakhstan. In practice, most often foreigners apply for a private / guest visa of B10 category. Such visa is issued upon the invitation of an individual person in Kazakhstan for the period of 3-6 months.

If a foreign employee is accompanied by his/her family, then a similar C3 work visa is required for each family member. Such visa is issued for the same period of work permit validity of a foreign employee. In order to apply for visa, apostilled / legalized copy of the marriage certificate and child's birth certificate will be required for the process.

C3 work visa does not give the right to dependent to work in Kazakhstan. If accompanying family member would like to work in the RoK, it is required to obtain work permit.

The procedure for issuing В8 visa is regulated by the existing Rules for issuance of visas of the RoK.

So, B8 visa is issued to individuals:
1) traveling to Kazakhstan for the purpose of obtaining residence permit
2) staying in Kazakhstan from countries which signed separate bilateral agreements on visa-free trips with Kazakhstan, and who have applied for residence permit at the migration service

Visa is issued for the period necessary for consideration of an application for issuance of residence permit, but no more than for 90 days (with a possibility of extension for up to 30 days).

В8 visa is issued at the consular offices of the RoK abroad. Visa is issued locally in Kazakhstan only an applicant had valid C3 work visa.

It is prohibited to carry out work or other paid activity on the basis of В8 visa.

Depending on nationality of a foreigner, visa is required to arrive in the country. KZ visa regulations do not provide for a separate category of visa for registering an official marriage in Kazakhstan. Therefore, in practice, in some cases a foreigner can apply for private/guest visa of B10 category. Invitation for such visa can be arranged by KZ national at the migration service department. B10 visa can be issued for a period of 3 to 6 months.

In practice, it is not uncommon for foreigners to find work during their stay in Kazakhstan, for example, under B10 private visa, and plan to apply for C3 work visa.

According to clause 34 of the Rules for issuing visas, the Ministry of Internal Affairs of the RoK allows changing certain types of visas of one category to another while being in the country. Foreigner does not need to travel outside Kazakhstan.

According to article 29 of the Law on migration of population, foreigners arriving with the purpose of family reunion have the right to work on the same conditions as KZ citizens.

Work permit entitles a foreigner to work in the Republic of Kazakhstan, and work visa gives the right to enter and reside in the territory of the Republic.

We recommend obtain C11 category visa (for minor children). This visa is issued for up to 3 years with the right of further renewal

After processing of work permit, you need to send a written invitation letter for a foreign employee to the Department of the migration service (migration service) on behalf of your organization.

Once reviewed, the migration service will provide a reference number in response to your inquiry. You should send this number along with an invitation to a foreign employee by e-mail. Having received an invitation letter with a number, an employee will be able to apply for visa to the Kazakhstan consulate in the country of his/her citizenship or permanent residence. Once the formal procedures have been followed and the consular fee has been paid, C3 work visa will be pasted into an employee's passport.

If a foreign employee is accompanied by a family, then a similar visa of C3 category should be obtained for each family member. Such visa is issued for the same period of work permit validity of a foreign employee but without the right to work. In order to process work visa, it is required to provide apostilled / legalized copy of a marriage certificate and a birth certificate.

Yes. Citizens of countries granted unilateral visa-free regime have to obtain work visa if they are travelling to Kazakhstan for work purposes.

Visa-free regime includes other purposes of travel such as business, tourism, private, and duration of these trips should not exceed 30 calendar days. Detailed information about visa waiver can be found here.

Work visa for a foreign employee is not required if there is a simplified bilateral entry procedure between the country of his/her citizenship and Kazakhstan. For example, such procedure applies to the Republic of Azerbaijan, so citizens of this country do not require visa if they have work permit. These foreigners will require to obtain a temporary residence permit.

Yes. Work visa is issued for the duration of work permit. Therefore, after work permit is renewed, you should also extend the validity of work visa. However, it is important to extend the visa term until its expiry date.

Extension of work visa of a foreign employee is carried out by the migration service without leaving the country. For this, it is required to apply to the migration service with a written request on behalf of your company in order to extend work visa validity. The application shall be attached with the original passport of a foreigner and receipt of state duty payment. After consideration, the migration service pastes work visa into the passport and returns it to an applicant.

Migration rules of the Republic of Kazakhstan provides liability for the host entity for untimely processing of work visa in the form of an administrative penalty in the amount of 10 to 20 monthly calculation indexes.

Yes, it is. In accordance with clause 6 of the Rules*, notification of a change of residence address of a foreigner must be submitted by the host entity to the migration service authorities within 3 business days.

The host party is responsible for the accuracy of the information contained in the notification letter and timely submission of such notification. The violation entails a fine and 1-year ban on inviting foreign citizens to the RoK.

*Rules for provision of information by the receiving parties on stay of the foreigners in KZ

In accordance with article 518 of the Administrative Offences Code, the host entity is responsible for:

• untimely notification of the migration service about stay of a foreigner in the RoK
• failure to take measures for registration of documents for the right of stay (visa, work permit, temporary residence permit)
• late departure of a foreigner from the country

Violation entails a fine from 10 MCI (29 170 tenge) to 75 MCI (218 775 tenge), depending on the business entity.

Repeated violation within 12 consecutive months entails a fine of up to 100 MCI (291 700 tenge), followed by the inclusion of the host entity into the "black list" of the KZ Ministry of Internal Affairs / National Security Committee as well as 1-year ban on issuing visa invitations letters.

Notification letter to the migration service must be submitted within 3 business days since arrival of an employee. In the notification it is required to specify name and surname of a foreigner, purpose of his/her visit and temporary residence address. You can download a notification letter template here.

There are two ways to submit a notification of arrival. You can submit a written notification letter to the territorial migration service. Or simply use the Visa-migration portal VMP in order to submit an electronic notification letter.

In accordance with the current procedures, the host entity should obtain an IDC permission for a foreign citizen if he is planning to cross the border by vehicle.
At the same time, if a foreign employee is accompanied by his family in Kazakhstan (spouse, children), such permit should be issued for each family member.

Notification letter to the migration service must be submitted within 3 business days since arrival of an employee. In the notification it is required to specify name and surname of a foreigner, purpose of his/her visit and temporary residence address. You can download a notification letter template here.

There are two ways to submit a notification of arrival. You can submit a written notification letter to the territorial migration service. Or simply use the Visa-migration portal VMP in order to submit an electronic notification letter.

You should notify the migration service:

• each time a foreign worker or a family member arrives in the country;
• when an employee changes temporary residence address;
• when an employee travels to other regions of Kazakhstan for more than 5 calendar days.

According to the existing migration rules, an employer, as the host party, bears full liability for the late notification of the migration service about arrival of a foreigner. This administrative violation entails a penalty in the amount of 10 to 20 monthly calculation indexes.

If a foreign employee arrived in Kazakhstan from the CIS countries (including the Eurasian Economic Union countries) and plans to stay the country for more than 30 calendar days, the host entity is obliged to duly obtain a temporary residence permit at the migration service.

To obtain a temporary residence permit, it is required to submit a written application to the migration service on behalf of your company. You should attach the original passport of a foreigner and a copy of work permit to an application form.

For citizens of Russia, Armenia, Belarus and Kyrgyzstan work permit is not required. Therefore, an employer needs to submit a copy of the employment contract along with an application form in order to obtain a temporary residence permit.

Temporary residence permit is obtained for up to 1 year, but cannot exceed the period of the passport validity. However, at the departure and new arrival of a foreign employee in Kazakhstan, it is required to reapply for a temporary residence permit.

Yes. Temporary residence permit is necessary for a spouse of a foreign employee and children over 16 years old. A marriage certificate will be required for processing a temporary residence permit for a spouse, and a birth certificate for a child (notarized copy is sufficient if a document issued in the territory of the CIS member states). Children under 16 years old are exempt from obtaining a temporary residence permit.

According to the existing migration rules, an employer, as the host party, bears full liability for untimely processing of the documents for the right of stay of a foreign worker in Kazakhstan. This administrative violation entails a penalty in the amount of 10 to 20 monthly calculation indexes.

In fact, according to the rules, a residence permit can be canceled if a foreigner is out of the country for more than 183 days a year. At the same time, from March 16 to November 1, 2020, migration amnesty was in effect in Kazakhstan. In particular, during that time, the period of stay of a foreigner outside the country was not taken into account.
Therefore, if a foreigner left Kazakhstan during this period, he/she must keep a record of his absence from November 1, 2020.

In order for an official foreign document to be valid in the Republic of Kazakhstan , it should be legalized in advance in the country of issuance.

However, documents issued on the territory of the CIS member countries are accepted in Kazakhstan without any legalization / apostille stamp according to Article 12 of the Convention on legal assistance and legal relations in civil, family and criminal matters (Kishinev, 2002).

For example, if diploma of a foreign employee is issued in Azerbaijan , it is sufficient to provide the original diploma for use in Kazakhstan. In the meantime, the document prepared in a foreign language must be translated into Kazakh or Russian, and the authenticity of a translator's signature must be certified by notary.

Documents issued in China will have legal force on the territory of the Republic of Kazakhstan if they were duly legalized. Since China is not a party to the Hague Convention of October 5, 1961, which abolishes the requirements for legalization of foreign documents, apostille is not applied in China.

For legalization, the owner of diploma must:

• Certify the document at the Ministry of Foreign Affairs of China
• Legalize the document at the KZ Consulate in China
• Translate the document into Kazakh or Russian, as well as certify the translation of the document

After passing these procedures, the document legalization step will be completed, and diploma can be used in Kazakhstan.

For the period of quarantine restrictions in Kazakhstan, special rules for border crossing apply to foreigners. And these rules do not regulate obtaining the IDC permission for arrival in Kazakhstan under private purposes.

IDC entry permission is primarily issued for foreign specialists arriving in Kazakhstan for work and business purposes. At the same time, citizens of those countries with which Kazakhstan has resumed direct regular air flights can travel to the country under any purpose of visit including private/guest visits.

In practice, such certificate is presented by foreigners when:
- being employed in the territory of other state, for example, when obtaining work permit
- applying for residence permit
- purchase of real estate in some countries, etc.

To obtain a certificate, it is necessary that a foreigner has a IIN during his/her stay in Kazakhstan while submitting documents to Center of public services (TSON). IIN will be required, among other documents, in order to pay the state fee when issuing the certificate. Police clearance certificate can be issued both at the personal request of a foreigner, and on the basis of a power of attorney.

Basically, the certificate is valid from 3 to 6 months. For example, while applying for a residence permit in Kazakhstan, the police clearance certificate is valid for 6 months from the date of issuance.

In accordance with the latest requirements of the KNB Border Service, the host entity should apply for a new IDC entry permission for 2021 in advance, if the last year permission was issued without specifying multiplicity (number) of entries-exits of a foreign specialist to/from the RoK.

For repeated border crossing, the inviting organization needs to obtain an entry permission for multiple entries-exits from the akimat. In practice, issuance of the IDC entry permission may take an average of 2-3 weeks.

According to the latest border crossing procedure, a PCR certificate is not required for residence permit holders in Kazakhstan who have received a full course of vaccination against COVID-19 in the RoK. Entry into the country is carried out based on documents confirming receipt of the vaccine (vaccination passport).

Foreign citizens staying in Kazakhstan can receive a vaccine against coronavirus if they have an individual identification number (IIN).
Vaccinations are carried out upon presentation of a passport and IIN of a foreigner. According to the Decree of the Chief State Sanitary Officer of the RoK, data on vaccination registered in the established registration forms, indicating full name, IIN, residence address, date of vaccination, etc. All information about the vaccinated individuals is entered into the "Vaccination" medical information system.

From January 2021, applications for registration of IIN for non-residents of the Republic of Kazakhstan are considered by the migration service. To obtain an IIN, the personal presence of a foreigner is optionl.

Individual identification number (IIN) is a 12-digit digital code assigned to an individual once and for life. A foreigner needs an IIN to receive government services, pay taxes and fines, for employment, opening a bank account or business, buying a real estate.

In order to obtain a visa at the airport, the host entity should process an invitation letter at the migration service, as well as provide a receipt of payment of the relevant state fee and duly completed KZ visa application form.
In practice, visa issuance at the airport takes an average of 30 min.-1 hour.

After obtainment of work permit, an employer shall conclude the employment contract with a foreign employee.

According to the current regulations, a PCR certificate with coronavirus negative results is presented by foreigners upon arrival in Kazakhstan regardless of whether they have the Covid vaccine or not.
Please note that a PCR certificate validity period should not exceed 72 hours at the time of border crossing. Such certificate is not required for children under 5 years old.

In general, the employment contract with a foreign employee shall comply with the provisions of the Labor Code of the Republic of Kazakhstan. However, the following clauses should be specified in the contract with a foreign employee:

• number and validity of work permit;
• territory of work permit as a location;
• job title of an employee according to work permit;
• conditions of repatriation of the body to the homeland in the event of an employees' death.

Employment contract with a foreign employee is concluded for the duration of work permit. In case of early termination of the employment relationship, an employer should cancel work permit and visa of a foreign employee.

The employment contract is not required when a foreign employee is seconded to Kazakhstan as part of the intra-corporate transfer or under a contract for the execution of works /provision of the services/, if a foreign legal entity-employer carries out its activities in the RoK without the branch or representative office.

Individual identification number (IIN) is required for a foreigner to receive salary in the territory of the RoK, government services (for example, procurement of the police clearance certificate, apostille), to pay for state duties, consular fees and other payments.

Employer needs to apply for IIN for a foreign employee to the tax service at the place of his/her temporary residence. To obtain IIN, the following documents are required:

• application specifying the address of temporary residence;
• notarized copy of the passport with translation into Russian and/or Kazakh language;
• Power of Attorney if the documents are submitted by the representative.