2013

FOREIGN WORK PERMITS. VISAS. LICENCING

Head of Legal Practice: Dmitry Chumakov,

Partner

FOREIGN WORK PERMITS

The procedure for obtaining foreign work permits in Kazakhstan (the "Work Permit") is quite
complicated. It is governed by Resolution of the Government of the Republic of Kazakhstan No. 45
dated 13 January 2012. There are quotas for foreigners who are permitted to work in Kazakhstan
determined by law and these quotas are distributed between oblasts (Kazakhstan provinces).
Violations of the rules for obtaining work permits entail negative consequences both for employers
and foreign workers. Moreover, such violations may have a general adverse effect on your business
in Kazakhstan. There have been instances when companies faced difficulties in expanding their
presence in the country precisely because they could not obtain a sufficient number of Work Permits.
Foreign Work Permits may be granted either to the employer or directly to foreign workers for
the occupations included into the list of persons who are permitted to independently seek
employment in Kazakhstan.
No Work Permit is required for the following categories of workers who:
1)

are not immigrants in accordance with the Law of the Republic of Kazakhstan On
Migration of the Population dated 22 July 2011 (the Law), other than persons
staying in Kazakhstan for up to 90 calendar days for the purposes not provided for by
the Law;

2)

permanently reside in the Republic of Kazakhstan;

3)

are ethnic Kazakh repatriates (Oralmans);

4)

are business immigrants;

5)

have been granted the status of refugee or asylum seeker;

6)

are immigrants coming to the country for humanitarian motives in accordance with
the Law,

7)

are sentenced by courts of the Republic of Kazakhstan to imprisonment, conditional

sentences and sentence not involving confinement;

8)

are victims of human trafficking for the duration of the proceedings in a specific
criminal case related to human trafficking until the court judgment becomes
effective;

9)

are adults entering the Republic of Kazakhstan for family reunion purposes, spouses
of citizens of the Republic of Kazakhstan who have remained for at least three years
in marriage recognized by the laws of the Republic of Kazakhstan;

10)

are studying full-time and working part-time during studies in educational

institutions of the Republic of Kazakhstan

11)

are on a business trip the duration of which does not exceed in aggregate 120
calendar days within one calendar year;

12)

are citizens of the member states of the Agreement on the Legal Status of Migrant
Workers and Their Family Members dated 19 November 2010;

13)

are working in the capacity of chief executive officers of branches or representative

offices of foreign legal entities;

14)

are working in the capacity of chief executive officers of organizations who have
investment contracts with the Government of the Republic of Kazakhstan for over 50
mln US dollars and chief executives of legal entities of the Republic of Kazakhstan
who make investments in priority activities and have contracts with the competent
investment authority;
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15)

are members of marine and riverine craft and aircraft, rail and road transport
facilities;

16)

are working in the capacity of actors, directors, conductors, choirmasters,

choreographers, artists, private tutors, athletes and coaches;

17)

are working in the Almaty city regional financial centre in the capacity of executives
and specialists holding post-secondary and tertiary degrees with valid documents
confirmed in the manner prescribed by the laws of the Republic of Kazakhstan;

18)

are professionals specializing in construction of the space missile complex and

operation of the ground space infrastructure engaged under international agreements
on aerospace co-operation signed by the Republic of Kazakhstan;

19)

are working in the national management holding company, National Medical

Holding JSC and health care organizations whose charter capital is fully owned by
National Medical Holding JSC and holding job titles of at least heads of structural
subdivisions and higher education degrees documented in the manner prescribed by
the laws of the Republic of Kazakhstan;

20)

are employed as members of boards of directors (supervisory boards) of the national

management holding company National Medical Center JSC and healthcare
organizations whose charter capital is fully owned by National Medical Holding JSC;

21)

are engaged in health care and consulting activities in the National Medical Holding
JSC and healthcare organizations whose charter capital is fully owned by National
Medical Holding JSC;

22)

are employed by independent educational organizations, their institutions, and by the

Nazarbayev Fund as chief executives, managers and specialists holding a tertiary
(college or university) degree;

23)

are seconded to an independent educational organization under agreements on

introduction and fulfilment of education programs and/or provision of educational
services; and

24)

are working in higher education institutions the development of which is stipulated

by government industry and innovation development programs in the capacity of
chief executive officers and tutors holding tertiary degrees as evidenced by
documents in the manner prescribed by the legislation of the Republic of
Kazakhstan;

25)

are working in the capacity of teachers/tutors in general secondary, technical,

vocational, postsecondary and higher educational organizations of the Republic of
Kazakhstan in accordance with the international treaties on cooperation in the field
of education, but not exceeding 25% of the staff;

26)

are faculty members of higher educational organizations awarded special status in

accordance with the laws of the Republic of Kazakhstan; and

27)

are working in the Central Asian Regional Environmental Center operating under the
Agreement on the Operating Conditions of the Central Asian Regional
Environmental Center.

Foreign Work Permits are granted for four categories of foreign workers:
1) 1st grade chief executives and their deputies;

2) 2nd grade senior managers of structural subdivisions meeting the qualification requirements
set out in the occupational skills guide for senior managers, professionals and other employees
and standard job descriptions for senior managers, professionals and other workers;
3) 3rd grade skilled professionals meeting the qualification requirements set out in the
occupational skills guide for senior managers, professionals and other employees and standard
job descriptions for senior managers, professionals and other workers;
4) 4th grade skilled workers meeting the qualification requirements set forth in the Unified
Salary and Wage Rates, Occupations and Skills Guide for skilled workers and standard job
descriptions for skilled workers.
Prior to applying for a Work Permit in Kazakhstan, the employer must determine and consider
the following:
1) the number of foreign workers to be employed in Kazakhstan and their country of
citizenship;
2) effective 1 January 2012, the number of 1st and 2nd grade foreign specialists must not
exceed 30% of the total number of 1st and 2nd grade workers);
3) effective 1 January 2012, the number of 3rd and 4th grade foreign specialists must not
exceed 10% of the total number of 3rd and 4th grade workers);
4) the region in Kazakhstan where it is intended to employ foreign workers;
5) job titles of foreign workers;
6) professional credentials/recommendations of foreign workers taking into account the
specific features of the vacancy:

work record; and

education;

7) the age of foreign workers (not younger than 23 and not older than 63 for men and 58 for
women);
8) whether special conditions of the work permits issued in the previous and current year
have been met;
9) parameters and qualities showing that foreign workers have an objective advantage over
Kazakhstan professionals;
10) local workers hiring plans;
11) plans for substitution of foreign workers with local personnel; and
12) plans for training/re-training and professional development of local personnel.
The below is a description of the Work Permit obtaining procedure:
Step One. The employer performs a search for eligible candidates in the relevant labour market
and notifies the competent authority for the relevant foreign labour market of available vacancies
in accordance with the Law of the Republic of Kazakhstan On Employment of 23 January 2001.
The competent authority accepts the employers foreign work permit application only in fifteen
calendar days after the notice of the available vacancies.
Step Two. The required documents are filed with the competent government authority. In order
to obtain a foreign work permit, the employer or its authorized person has to file an application
(accompanied by the below documents) through the E-licensing Government Database (in digital
form) or with the local competent authorities in the location where the given foreigner performs
its labour activities (a hardcopy).
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The following documents must be presented to the competent authority:

1)

results of the Kazakhstan candidates search in the employment authorities

information database;

2)

information on compliance with the special requirements (if any) of the Work
Permits issued for the previous and current calendar year, if such requirements are
due.

3)

information on foreign job seekers ;

4)

documents confirming qualifications of foreign job seekers;

5)

notarized translation of education certificates;

6)

work record of the worker appending thereto written proof of such worker's work
experience on the official letterhead of the employer who previously employed the
worker or any other documented confirmation of such employment recognized in the
Republic of Kazakhstan;

7)

calculation of Kazakhstan personnel content in accordance with the prescribed form;

8)

opinion of the central science and education executive body of the Republic of
Kazakhstan confirming that the foreign worker meets professional qualification
requirements for foreign nationals and stateless persons to be employed as faculty
members or research workers of higher education and research organizations;

9)

a notarized copy (together with translation into Kazakh or Russian) of the

employment contract between the foreign employer and foreign job seeker specifying
the amount of compensation of such foreign worker as may be required by the laws
of the Republic of Kazakhstan; and

10) a notarized copy (together with a translation into Kazakh or Russian) of the contract
for performance of work or provision of services, as may be required by the laws of
the Republic of Kazakhstan;
Through the E-licensing Government Database or in writing, the competent authorities must
notify the employer, within three business days after the receipt of the application, of its decision
either to issue/refuse to issue the foreign work permit or to extend/refuse to extend the foreign
work permit.
Step 3. The employer assumes one or several special conditions:
1) professional training of Kazakhstan nationals in skilled and professional occupations which
are in demand in the regional labour market in accordance with the list approved by the
competent authority;
2) re-training of citizens of the Republic of Kazakhstan in skilled and professional occupations
which are in demand in the local labour market in accordance with the list approved by the
competent authority;
3) professional development of the citizens of the Republic of Kazakhstan; and
4) creation of new jobs for citizens of the Republic of Kazakhstan.
Step 4. Upon the receipt of notification on the issuance or extension of a foreign work permit
(either through the E-licensing Government Database or in writing), the employer must, within
twenty business days, provide the competent authorities with the documents guaranteeing the
departure of the foreigner from Kazakhstan after his/her work permit expires (a copy of
the agreement between a bank and the employer and the documents certifying a security deposit
in the employers bank account).
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Step 5. Within three business days from the receipt of the documents guaranteeing the departure
of the foreigner from Kazakhstan, the competent authorities must issue the permit
either through the E-licensing Government Database or in writing.
The competent authority will refuse to issue a Work Permit when:
1)

not all required documents are filed and/or the documents are not in due form;

2)

the special requirements (if any) of Work Permits issued for the previous and current
calendar year have not been met in due time;

3)

the distributed quota has been exceeded;

4)

the foreign job seeker does not meet category and qualification requirements;

5)

the employer engages other expatriates without work permits (in such case the work
permit is not issued within twenty months from the date when such fact is
established); and

6)

the employer does not meet the ratio between the local and foreign employees.

Once a foreign work permit is granted by the competent authority, it may not be transferred to
other employers and will be valid only within the particular administrative and territorial unit for
which it is granted; employers are also prohibited to send foreign workers for whom work
permits have been granted to business trips to companies and organizations which are located in
other administrative and territorial units for a period exceeding sixty calendar days within one
calendar year.
For a foreign worker to be allowed to perform his or her job functions in several administrative
and territorial units for more than sixty calendar days within one calendar year, the competent
authority, upon the employers request and upon approval from the competent labour authority,
will grant or extend the foreign work permit to be valid in two or more administrative and
territorial units.
Work Permits may be extended maximum twice depending on the categories of workers.
A failure to comply with the procedure for employment of foreign workers may entail: for the
employer's chief executive administrative liability (fine) or criminal (in the event of several
instances of violation) liability; for the employing company administrative liability (fine); and
for the foreign worker administrative liability (fine and deportation).
If the foreign worker is deported, Kazakhstan migration authorities may deny new visas or entry
to Kazakhstan for such worker in the future.
Violations of the work permits statutory requirements and regulations may also entail refusal of
future Work Permits for foreign workers to be employed in the Republic of Kazakhstan.

VISAS
The visa regime for foreigners staying in the country is determined by Kazakhstan migration
laws. Under this regime, foreigners are required to obtain a visa to enter the territory of the
country and register with local authorities.
There are several types of visas. Each type of visa is issued for specific purposes of stay of
foreign nationals in Kazakhstan. The most popular visas for business purposes are investor visas,
business visas and work visas. These visas may be issued as single-entry, double-entry, tripleentry and multiple-entry visas.
Investor Visa
Investor visas are issued to CEOs and top managers of foreign firms and companies that are
investing in Kazakhstans economy and have contracts with the Government of the Republic of
Kazakhstan if such contracts investment value is over 50 mln US dollars.
With an investor visa, visa holders may bring their family members to stay with them in
Kazakhstan.
Investor visas give their holders the right to enter, stay in and leave the Republic of Kazakhstan
within the period specified by the visa. Investor visas are usually issued for a period of up to one
year.
Investor visas are issued by departments of the Ministry of Foreign Affairs abroad or, if the
foreign national is in Kazakhstan, by the Ministry of Foreign Affairs at the request from
government authorities and agencies of the Republic of Kazakhstan and foreign state missions
accredited to the Republic of Kazakhstan.
Business Visa
Business visas are issued to foreign nationals arriving and staying in the Republic of Kazakhstan
for
business
purposes
(e.g., a business trip, business negotiations that are of strictly business and commercial nature,
etc.).
Under the standard procedure, business visas require a letter of invitation from the inviting party
and, in certain events, permission from internal affairs authorities. In addition to the standard
procedure, business visas may be obtained under the simplified procedure, when only a written
application of a foreign national is sufficient. The simplified procedure is applicable to citizens
of USA, Canada, France and certain other countries (a list of such countries is determined by the
laws of the Republic of Kazakhstan).
Business visas are issued by departments of the Ministry of Foreign Affairs abroad or, if the
foreign national is in Kazakhstan, by the Ministry of Foreign Affairs and the Ministry of Internal
Affairs, the Department of Internal Affairs of oblasts and the cities of Astana and Almaty for a
period of up to 1 year.
If the place where the visa is obtained is different from that specified in the letter of invitation
(also a visa support document), the visa is issued at the place of application (apart from
consulates in the Republic of Kazakhstan ) subject to subsequent notification thereof to the
Ministry of Foreign Affairs of the Republic of Kazakhstan.
Business visas do not give the right to family members of business visa holders to enter
Kazakhstan.
Work Visa
Work visas are issued to foreign nationals arriving to Kazakhstan for employment purposes.
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In order for a foreign national to obtain a work visa, the inviting party (employer) is required to
have a foreign Work Permit. Certain categories of foreign nationals and stateless persons,
including, among others, chief executive officers of branches or representative offices of foreign
legal entities (a list of such categories is determined by the laws of the Republic of Kazakhstan),
are exempt from the requirement to have a work permit in Kazakhstan.
Work visas are issued by departments of the Ministry of Foreign Affairs abroad (or, if there is no
such department abroad, by authorized representatives of the Republic of Kazakhstan) for a
period of up to 1 year and may be extended upon expiration of the initial term through a new visa
issued by the Ministry of Internal Affairs or internal affairs authorities.
Family members of the work visa holder entering the country together with such work visa holder
are not permitted to work in Kazakhstan. Any subsequent employment of such family members in
Kazakhstan is subject to a foreign work permit obtainable by their employer (save for when such
permit is not required) and a new work visa.
Registration of Foreign Nationals
Foreign nationals must get registered with relevant authorities by submitting their passports for
registration.
Depending on visa types and categories and the issuing body, passports are registered by
departments of the Ministry of Foreign Affairs abroad or border control departments of the
Border Police of the National Security Committee. Passports are registered by putting a stamp or
mark on visa stickers or by issuing a migration card at the time of issuing the visa or crossing the
border.
Registration is issued for a period of maximum 90 days after the visa issuance date, but not
exceeding the term of the visa. Registration may be extended by internal affairs authorities at the
place of temporary stay of the foreign visitor.

LICENSING
Activities that are subject to licensing are determined by the legislation of the Republic of
Kazakhstan. The principal law governing licensing is Law of the Republic of Kazakhstan On
Licensing No. 214-III of 11 January 2007.
A license is a permit issued by a competent authority to a private individual or legal entity to
carry out certain types of activities.
Licensable activities may be carried out only subject to a license.
Licenses are issued to applicants by licensors who are determined by legislative acts of the
Republic of Kazakhstan and/or the Government of the Republic of Kazakhstan.
The Government authority supervising relevant competent authorities in the field of licensing is
appointed by the Government of the Republic of Kazakhstan (currently, these functions are
performed by the Ministry of Economy and Budget Planning of the Republic of Kazakhstan).
Areas of Licensing
Licensing is required for certain activities in the following areas:
1) industry;
2) utilization of nuclear energy;
3) circulation of poisonous substances;
4) transportation;
5) circulation of narcotic drugs, psychotropic substances and precursors;
6) information security;
7) special technical devices for performance of investigation activities;
8) circulation of arms, military equipment and certain types of weapons, combustible substances
and items containing combustible substances;
9) use of the outer space;
10) informatization and communications;
11) education;
12) mass media;
13) agriculture;
14) health care;
15) services to individuals and legal entities;
16) gambling;
17) veterinary;
18) forensics subject to the provisions of the Law of the Republic of Kazakhstan On Forensic
Activity in the Republic of Kazakhstan;
19) culture;
20) financial field and activities related to concentration of financial resources;
21) architecture, urban planning and construction;
22) manufacture of state symbols of the Republic of Kazakhstan;
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23) production and circulation of ethyl alcohol and alcohol products, production of tobacco
goods;
25) exports and imports of goods; and
27) commodities markets.
Information on specific types of licensable activities may be obtained from our office.
There are various types of licenses that differ as follows:
1. By the licensee:
1)

issued to individuals and legal entities of the Republic of Kazakhstan; and

2)
issued to foreign legal entities, foreign nationals, stateless persons and international
organizations.
2. By scope:
1)

general issued to carry out a certain activity for an indefinite term;

2)
single-term issued to carry out a certain business activity within the permitted term,
scope, weight or quantity (either in kind or in cash), to carry out activities in gambling within the
term as determined by the Law of the Republic of Kazakhstan On Gambling and to carry out
activities on development of construction of residential buildings from the funds of
interestholders within the limits set by the Law of the Republic of Kazakhstan On Interest
Holding in Residential Construction Projects; and
3)

operational to carry out certain banking operations and classes of insurance.

The following documents are required to obtain a license:

1)

an application;

2)
for legal entities - a copy of the applicant's Charter (other than for export and import
operations) and a copy of the applicant's certificate of state registration as a legal entity (must be
notarized if the copies are provided without the originals for verification purposes);
3)

for individuals - a copy of a personal identity document;

4)
for sole proprietors - a notarized copy of the applicant's certificate of state registration as
a sole proprietor (must be notarized if the copies are provided without the originals for
verification purposes);
5)
a copy of the applicant's registration with tax authorities (must be notarized if the copies
are provided without the originals for verification purposes);
6)
a copy of the document certifying the payment of the license fee for certain activities
(must be notarized if the copies are provided without the originals for verification purposes); and
7)

information and documents in accordance with qualification requirements.

Legal acts on certain types of licensable activities may also set additional and specific
requirements to the list of documents.
In the manner established by law, the applicant is liable for the accuracy, completeness and
promptness of the information contained in its documents.
Unless otherwise is required by legal acts, licenses are issued within 15 business days after the
application and all supporting documents are submitted.

In certain cases, licensors may require that the licensee provides proof of its compliance with the
qualification requirements by the time set by the licensor.
No license is granted if:
1) the laws of the Republic of Kazakhstan prohibit licensees of a particular category to carry out
a particular activity;
2) the license fee to carry out a particular activity has not been paid if the application is for such
activity;
3) the applicant does not meet the qualification requirements;
4) the license issuance has not been approved by the relevant authorities;
5) a court ruling prohibiting the licensee to carry out a particular activity has taken effect; and
6) a court, upon a petition made by a law-enforcement officer, has prohibited to issue the license.
Licenses are terminated only in the following events:
1) expiration of the license term;
2) full performance of the activities (operations) for which the license is issued;
3) revocation of the license;
4) cessation of the activities of an individual, liquidation of a legal entity, and/or reorganization
of a legal entity, other than reorganization in the form of merger, acquisition, spin-off or
transformation;
5) voluntary return of the license and/or the appendix thereto to the licensor;
6) removal of a particular category and/or subcategory of activity from the list of licensable
activities;
7) removal of the licensee from the list of those requiring a license; and
8) in other events provided for by the laws of the Republic of Kazakhstan.
Licenses are re-issued in the following cases:
1) change of the first name, middle name (if any) or surname of an individual;
2) re-registration of a self-employed entrepreneur or change of his name or address;
3) reorganisation of a legal entity by way of merger, acquisition, spin-off or restructuring; and
4) change of name and/or registered address of a legal entity.
The licensee shall submit an application for re-issuance of a license within thirty calendar days.
The application must be supported by the documents certifying the payment of license fee
applicable to license re-issuance.
When the licensee fails to pay the license fee, the licensor refuses to re-issue the license and/or
appendix thereto.
When a license and/or appendix thereto is lost or damaged, the licensee may obtain a duplicate
copy of such license and/or appendix thereto.
When a license is issued in hardcopy, the licensee may convert it into an electronic format
without obtaining a duplicate hardcopy.
Any lost or damaged licenses and/or appendices thereto are deemed invalid from the date of the
licensees written notice of the licenses/appendices loss or damage.

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Within two days after such notice, the licensor must issue a duplicate copy of the license and/or
appendix thereto. The duplicate copy shall be assigned a new number and bear the
DUPLICATE sign in the right upper corner.
Duplicate copies of licenses and/or appendices thereto are executed in an electronic format.
When an applicant or licensee requests a hardcopy of a license and/or appendix thereto, such
license and/or appendix thereto are executed in an electronic format, printed out and affixed with
the seal and signature of the licensors CEO.
A license is suspended or revoked when the licensing legislation is violated. A license for
certain activities may be suspended for a period of up to six months. A license for certain
activities may be revoked only through the court.

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