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C5 visa and business immigrant TRP in Kazakhstan

12.11.2023

A foreigner who wants to open a company in Kazakhstan or join an existing LLP needs business immigrant status: a C5 visa or a temporary residence permit (TRP) as a business immigrant. KORGAN Law Firm prepares the invitation for a C5 visa, obtains business immigrant TRPs and C3 work visas, and then registers the company turnkey.

Who needs a C5 visa or a business immigrant TRP

Under paragraph 2 of Article 40 of the Law “On Population Migration”, foreigners who have not received an entry visa or a temporary residence permit as business immigrants may not create a legal entity or become participants of commercial organizations. The exception is immigrants holding a foreigner’s residence permit or a stateless person’s certificate. The rule has been in force in this wording since 28 May 2024 (Law No. 82-VIII of 16.05.2024).

C5 visa — for all other foreigners, including those who enter Kazakhstan visa-free unilaterally, for example citizens of the USA, the UK and EU countries.
Business immigrant TRP — for citizens of states that have ratified visa-free entry and stay agreements with Kazakhstan: EAEU countries (Russia, Belarus, Armenia, Kyrgyzstan), Azerbaijan, Tajikistan and others. Before May 2024, EAEU citizens needed neither a visa nor a business immigrant TRP to join an LLP.

Without a visa or TRP, company registration may be refused or later declared invalid. That is why business immigrant status is obtained before the registration of an LLP with foreign participation.

Requirements for a business immigrant

For both the visa and the TRP the law (paragraph 1 of Article 39) requires:

being of legal age;
a medical certificate confirming the absence of diseases that prevent work;
health insurance covering primary care and emergency inpatient care;
a certificate of criminal record or its absence and of a court ban on business activity or its absence, issued in the country of citizenship or permanent residence.

Since 17 November 2024 the Visa Rules have shortened the list of documents for a C5 visa, and the migration service issues the visa on the shortened list, although the law has not changed. More in the article “Changes to the C5 visa process for business immigrants“. We check the exact list with the consulate before applying.

After entry, a business immigrant has two months to register a company, depositing at least the minimum charter capital with a Kazakh bank on registration, or to join an existing one (paragraph 2 of Article 40). Otherwise the period of stay is reduced to the time needed to leave.

C5 business immigrant visa

The C5 visa is issued by the Ministry of Foreign Affairs and Kazakhstan’s foreign missions for up to two years (paragraph 2 of Article 39 of the Law). It is obtained on an invitation from a Kazakh company. We prepare the invitation.

For the invitation we need:

a notarized copy of the main pages of the passport translated into Russian or Kazakh, and of the residence permit if the visa is obtained outside the country of citizenship;
the consulate or embassy of Kazakhstan where the visa will be obtained;
the address in the country of citizenship or permanent residence;
the place of work and position outside Kazakhstan;
what the company will do and the planned investment;
the hotel or address of stay in Kazakhstan;
the period for which the visa is needed.

The invitation is ready in 14 working days from the moment the information and the passport copy are received. After the company is registered, we help extend the visa.

Business immigrant TRP

Citizens of visa-free countries receive a business immigrant TRP from the internal affairs bodies for one year with annual extension (paragraph 2 of Article 39 of the Law), ethnic Kazakhs — for up to three years. The basis is a petition of the local executive body (akimat).

What you will need:

a passport with the border crossing stamp — preferably both, internal and international;
an IIN issued for the passport used to cross the border;
the arrival notification and the notarized consent of the property owner;
a criminal record certificate and, where the country of citizenship issues one, a certificate of no ban on business activity — the criminal record certificate is valid for 180 days;
fingerprinting, a medical certificate and insurance.

We can file the documents under a power of attorney. The procedure step by step is in the article “Business immigrants in Kazakhstan: changes in legislation“. TRPs on other grounds — work, family, study — are covered in “Obtaining a TRP and a residence permit for citizens of the Russian Federation in Kazakhstan“.

C3 work visa

A C3 visa is needed by a foreigner who will work in Kazakhstan under an employment contract. It is multiple-entry, valid for one year and extended for the same period. Processing takes about 45 days, and the foreigner stays in Kazakhstan all this time.

For a C3 visa we need:

the full name of the company where the foreigner will work;
constituent documents: certificate of state registration, charter, decision on incorporation and appointment of the first director, order;
the employment contract, order and decision or minutes on the appointment of the director, certified with the company seal;
the company’s digital signature (EDS);
the address of residence in Kazakhstan;
the original passport and the period for which the visa is needed;
the visa application form, petition, power of attorney for the representative at the migration service, four 3×4 photos.

Other visas and permits

We also help with investor and business visas and their extension, work permits, apostille and consular legalization of documents, IIN for non-residents, and registration and deregistration of foreigners at the place of residence.

Cost

Invitation for a C5 visa — 300,000 tenge, C3 visa — 300,000 tenge, business immigrant TRP — 250,000 tenge. Notary fees, translation and state duty are paid separately. We handle company registration together with the visa or TRP.

Frequently asked questions

Who needs a C5 visa and who needs a business immigrant TRP?

To set up a company or join the participants of an LLP, a foreigner needs business immigrant status (paragraph 2 of Article 40 of the Law “On Population Migration”). Citizens of states that have ratified visa-free entry and stay agreements with Kazakhstan — EAEU countries, Azerbaijan, Tajikistan and others — obtain a business immigrant TRP. All other foreigners, including citizens of the USA, the UK and EU countries, obtain a C5 visa. The status is not needed by immigrants holding a foreigner’s residence permit or a stateless person’s certificate.

Can a Russian citizen open an LLP in Kazakhstan without a TRP?

No. Since 28 May 2024, citizens of EAEU countries, including Russia, need a business immigrant TRP to join an LLP unless they hold a residence permit. Without it, company registration may be refused or later declared invalid, so the TRP is obtained before registration.

How long is a C5 visa valid and how long does the invitation take?

The C5 visa is issued by the Ministry of Foreign Affairs and Kazakhstan’s foreign missions for up to two years (paragraph 2 of Article 39 of the Law). The invitation is ready within 14 working days once the information and the passport copy are collected. After the company is registered, we help extend the visa.

How long is a business immigrant TRP valid?

One year with annual extension, for ethnic Kazakhs — up to three years (paragraph 2 of Article 39 of the Law). The basis is a petition of the local executive body (akimat). We can file the documents under a power of attorney.

What must be done after entry on a C5 visa or TRP?

A business immigrant has two months to register a company, depositing at least the minimum charter capital with a Kazakh bank on registration, or to join an existing one. Otherwise the period of stay is reduced to the time needed to leave (paragraph 2 of Article 40 of the Law).

How is a C3 work visa different from a C5 visa?

A C5 visa is for those who set up a company or join its participants. A C3 visa is needed by a foreigner who will work in Kazakhstan under an employment contract: it is multiple-entry, valid for one year and extended for the same period, and processing takes about 45 days.

To obtain a C5 visa, a business immigrant TRP or a C3 visa, call us: +7 700 500 05 53, or leave a request on the website.

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