Changes to the C5 visa process for business immigrants

10.01.2025

On November 17, 2024, amendments came into force in the “Rules for issuing invitations, coordinating invitations for entry of foreigners and stateless persons into the Republic of Kazakhstan, issuing, canceling, restoring visas of the Republic of Kazakhstan, as well as extending and reducing their validity periods” concerning the procedure for obtaining a C5 visa for business immigrants.

According to the amendments, the list of documents for obtaining a C5 visa has been shortened. In particular, the list of documents required to obtain a visa no longer includes:

• medical certificate confirming the absence of diseases, the presence of which prohibits entry of foreigners and stateless persons into the Republic of Kazakhstan;
• certificate of the presence or absence of a ban on carrying out entrepreneurial activity based on a court decision, issued by an authorized body of the country of citizenship or permanent residence.

However, the Law of the Republic of Kazakhstan “On Migration of the Population” contradicts these rules and requires business immigrants to:

• medical certificate confirming the absence of diseases that prevent work;
• medical insurance;
• confirmation of the presence or absence of a criminal record and a ban on carrying out entrepreneurial activity based on a court decision.

According to the hierarchy of regulatory legal acts, the law has priority over the rules, and in case of contradiction, priority should be given to the provisions of the Law.

Due to discrepancies between the Rules and the Law, we contacted the Ministry of Foreign Affairs and Migration for clarification:

In the response from the Migration Service, they write a shortened list. There is no certificate of absence of a ban on entrepreneurial activity and a medical certificate.

Based on the response from the Migration Service, they are now issuing a C5 visa according to a shortened list:

• medical insurance;
• a document confirming the presence or absence of a criminal record, issued by an authorized body of the country of citizenship or permanent residence;
• An invitation from a Kazakhstan company.

In its response, the Ministry of Foreign Affairs is inclined to believe that at present the list of documents will be in accordance with the Law of the Republic of Kazakhstan “On Migration of the Population”, which does not yet provide for a shortened list for the C5 visa. Currently, work is underway to amend this Law in favor of shortening the list of required documents.

The rules for issuing visas that have entered into force, which include a shortened list, do not have priority over the Law “On Migration of the Population”.

We continue to monitor the process of changes in the migration legislation of Kazakhstan and promptly inform you of all innovations. At the moment, updated requirements for the C5 visa are in effect, but it is worth considering that the new rules do not have priority over the Law “On Migration of the Population”.