Business immigrants in Kazakhstan: changes in legislation

Business immigrants play an important role in the economic development of Kazakhstan, and the new legislation opens up new opportunities for them. However, for successful integration into the business environment, it is necessary to carefully monitor compliance with migration requirements.

On May 28, 2024, changes to the conduct of business activities for foreigners came into force in the Republic of Kazakhstan.

According to the Law of the Republic of Kazakhstan “On Migration of the Population”: “The creation of a legal entity, as well as participation in the authorized capital of commercial organizations by joining the composition of participants in legal entities, is prohibited for foreigners who have not received an entry visa or a temporary residence permit as business immigrants, with the exception of immigrants who have a residence permit for a foreigner or a stateless person certificate.”

New requirements for business immigrants

Previously, citizens of the EAEU countries did not need a business immigrant visa (C5 visa) to conduct business in Kazakhstan. Now, according to the changes, the creation of a legal entity or participation in the authorized capital of commercial organizations is prohibited without obtaining a visa or a temporary residence permit. The only exceptions are those foreigners who have a residence permit or stateless status.

According to Article 6-1 of the Law “On Migration of the Population” of Kazakhstan, a temporary residence permit is issued on the basis of applications from local executive bodies for immigrants who have arrived for the purpose of doing business.

To successfully conduct business in Kazakhstan, it is also important to take into account migration regulations. Before registering a Kazakhstan LLP, a foreigner must obtain a business immigrant TRP or obtain a C5 visa.

A business immigrant is an immigrant who has arrived for the purpose of carrying out entrepreneurial activity in accordance with the legislation of the Republic of Kazakhstan.

Who needs a Business Immigrant TRP?

These changes affect citizens of countries with which Kazakhstan has signed international agreements on visa-free entry, including the EAEU states (Russia, Kyrgyzstan, Armenia and Belarus), as well as Azerbaijan and Tajikistan.

How to obtain a temporary residence permit for a Business Immigrant?

According to the new rules, in order to obtain a temporary residence permit (TRP), business immigrants must prepare certain documents:

• A passport with a stamp on crossing the border (it is recommended to provide both passports: domestic and foreign).
• An identification number (IIN), which must be issued for the foreign passport with which you crossed the border.
• Residential address in the country of citizenship.
• A notarized consent from the owner of the property (required for each foreigner).
• Notification of stay, which is submitted through the websites vmp.gov.kz or eqonaq.kz from the owner of the property or hotel.
• A certificate of no criminal record issued by the competent authority of the country of citizenship or permanent place of residence residence.
• A document confirming the absence of a ban on conducting business activities (if such a certificate is required by the legislation of the country of citizenship).
• Fingerprinting (passport, IIN and notification are required).
• Medical insurance covering primary and specialized medical care, in compliance with the minimum requirements established by the legislation of Kazakhstan.
• Medical certificate 028/u, confirming the absence of diseases that interfere with work activity.

The cost of services for obtaining a temporary residence permit is 250,000 tenge, and the processing time is from 1 to 2 days from the moment of collecting all the necessary documents.

Timeframe for obtaining a Permit

The timeframe for obtaining a Business Immigrant Temporary Residence Permit is from 1 to 3 business days from the moment of collecting all the necessary documents.

Cost of obtaining a Business Immigrant Permit

Obtaining a Business Immigrant Temporary Residence Permit with the support of our lawyers will be 250,000 tenge.

Notary fees and translation costs are paid separately.

Stages for obtaining a permit

First stage – submission of the necessary documents by a foreign individual, specified above (provide a certificate of no criminal record, medical certificates, consent from the owner of the property for residence, fingerprinting data, and other documents). Documents are submitted to the Registration Authority at the place of registration of the owner of the property.

Before arriving in Kazakhstan, it is necessary to obtain a certificate of the presence or absence of a criminal record in the country of citizenship (the certificate is valid for 180 days from the date of receipt), as well as a document confirming the absence of a ban on entrepreneurial activity (if such a certificate is required by the legislation of the country of citizenship).

Before submitting documents for a Business Immigrant RVP, a notification of entry is submitted, an IIN is issued, a notarized consent of the owner is notarized, and it is also necessary to undergo fingerprinting, a medical examination, etc.

The second stage is the registration of an LLP in the Registration Authority with the personal presence of a foreigner who has received a Business Immigrant RVP. When submitting an application, it is necessary to provide a document confirming the right to register a commercial organization in the Republic of Kazakhstan (in this case, a Business Immigrant Temporary Residence Permit), a copy of the passport or other document certifying the identity of the foreign founder, with a notarized translation into Kazakh and Russian, as well as the decision/minutes of the general meeting on the opening of an LLP.

You can read more about opening a LLP with us in our article, as well as about the benefits of registering a legal entity with KORGAN.

Third stage – after opening a legal entity, based on a petition from local executive bodies on entrepreneurship issues with the required list of documents, a temporary residence permit is issued for one year with the possibility of annual extension up to 3 years.

At the first stage, a temporary residence permit is issued for 3 months. It is assumed that a foreign citizen must have time to register a legal entity during the specified period. After registering a legal entity, the company submits an application for a temporary residence permit for up to 12 months.

Is the personal presence of a foreign citizen required to obtain a temporary residence permit for a business immigrant?

We can submit documents by Power of Attorney, but we attach the original passport and a copy of the notification of entry into Kazakhstan.

Where can I get a certificate of no criminal record?

This certificate is obtained in the country of citizenship.

How to get medical certificates?

Medical certificates can be obtained in Kazakhstan.

Why us?

KORGAN Law Firm is ready to assist at every stage of this process, providing competent support and assistance in preparing all the necessary documents. Contact us right now to get a free consultation and trust the experience of professionals in working with KORGAN!

Contact our specialists by phone +7 700 50 00 553 or click on the “order a call” button below.