Work permits and visas in Kazakhstan

Navigating the immigration landscape is a crucial step for companies looking to employ foreign talent in Kazakhstan. The country has established a structured system for managing the entry and stay of non-residents, particularly those intending to work. This system involves various visa categories and a distinct work permit process, designed to regulate the labor market and ensure compliance with national laws. Understanding these requirements is essential for both employers and employees to ensure a smooth and legal employment relationship.

The process typically begins with securing the appropriate visa for entry, followed by or concurrent with obtaining a work permit, depending on the individual's nationality and the nature of their employment. Employers play a significant role in sponsoring both the work permit and, in many cases, the initial visa application. Adhering to the specific procedures, documentation requirements, and timelines set by the Kazakhstani authorities is paramount to avoid delays or complications.

Common Visa Types for Foreign Workers

Foreign nationals intending to work in Kazakhstan generally require a visa that permits employment activities. The most common visa type for this purpose is the C3 work visa. Other visa categories might be relevant depending on the specific circumstances, such as business visas for short-term activities or investor visas.

• C3 Work Visa: This is the primary visa for foreign employees working under an employment contract with a Kazakhstani entity or a foreign company registered in Kazakhstan. It is typically issued based on an approved work permit or a category that exempts the individual from needing a work permit (e.g., certain highly skilled specialists or executives).
• B1 Business Visa: Suitable for short-term business trips, including negotiations, consultations, or market research. It does not permit long-term employment.
• A5 Investor Visa: Issued to executives and managers of foreign companies investing in Kazakhstan. This visa category may offer certain advantages regarding work authorization.

The specific requirements and validity periods vary significantly between visa types. The C3 work visa's validity is usually tied to the duration of the work permit or employment contract.

Work Permit Application

Obtaining a work permit is a mandatory requirement for most foreign nationals seeking employment in Kazakhstan. The process is primarily employer-driven, meaning the hiring company is responsible for applying for the permit on behalf of the foreign worker. The Ministry of Labor and Social Protection of the Population is the key authority involved.

Eligibility and Quotas

Kazakhstan operates a quota system for foreign labor, limiting the number of foreign workers employers can hire. Eligibility often depends on the proposed position, the employer's industry, and the foreign national's qualifications and experience. Certain categories of workers, such as top managers, highly skilled specialists, or those working in specific priority sectors, may have simplified procedures or exemptions.

Application Requirements and Procedures

The employer initiates the work permit application process. Key steps typically include:

1. Labor Market Analysis: The employer may need to demonstrate that there are no qualified Kazakhstani citizens available for the position. This often involves advertising the vacancy.
2. Document Preparation: Gathering required documents from both the employer and the foreign national.
3. Submission: Submitting the application and supporting documents to the relevant labor authorities.
4. Review and Approval: The authorities review the application based on quotas, labor market needs, and the applicant's qualifications.
5. Issuance: Upon approval, the work permit is issued.

Required Documentation

Documentation requirements are extensive and typically include:

• Application form from the employer.
• Copies of the employer's registration documents.
• Draft employment contract.
• Copies of the foreign national's passport.
• Educational diplomas and professional certificates (often requiring legalization or apostille).
• Medical certificates.
• Police clearance certificates.
• Photos.
• Proof of payment of state fees.

All foreign documents must be translated into Kazakh or Russian and notarized.

Processing Times and Fees

Processing times for work permits can vary significantly depending on the region, the complexity of the application, and the current workload of the authorities. It can range from a few weeks to several months. Fees are also applicable and depend on factors like the type of permit, the duration, and the foreign national's country of origin. These fees are subject to change and should be verified with the relevant authorities or an expert.

Pathways to Permanent Residency

While obtaining a work permit and visa allows for temporary residence and employment, foreign nationals may eventually seek permanent residency in Kazakhstan. Pathways to permanent residency are limited and often require a significant period of legal residence in the country, typically five years.

Common grounds for applying for permanent residency include:

• Residing legally in Kazakhstan for a specified continuous period (usually 5 years).
• Being of Kazakh nationality by birth or origin.
• Being married to a citizen of Kazakhstan.
• Having close relatives who are citizens of Kazakhstan or permanent residents.
• Possessing qualifications in professions that are in high demand in Kazakhstan.
• Making significant investments in the Kazakhstani economy.

The application process for permanent residency is separate from the work permit process and involves submitting an application and extensive documentation to the migration police.

Dependent Visas

Foreign workers holding valid work permits and visas in Kazakhstan can typically apply for visas for their dependents, including spouses and minor children.

• C4 Family Reunification Visa: This is the standard visa category for family members joining a foreign national residing in Kazakhstan.
• Eligibility: Dependents must provide proof of their relationship to the principal visa holder (e.g., marriage certificate, birth certificates).
• Sponsorship: The principal foreign worker or their employer may need to act as a sponsor for the dependent's visa application.
• Documentation: Required documents include passports, proof of relationship, medical certificates, and potentially police clearance certificates for adult dependents.
• Validity: Dependent visas are usually issued for a validity period that does not exceed the validity of the principal foreign worker's visa or residence permit.

The application process for dependent visas is generally less complex than for work permits but still requires careful attention to documentation and procedures.

Compliance Obligations

Both employers and foreign employees have significant compliance obligations under Kazakhstani immigration and labor laws. Failure to comply can result in substantial fines, deportation of the employee, and restrictions on the employer's ability to hire foreign workers in the future.

Employer Obligations

• Work Permit and Visa Sponsorship: Ensuring the foreign national has the necessary work permit and visa before commencing employment.
• Registration: Registering the foreign employee with the migration authorities upon their arrival.
• Notification: Notifying the authorities of changes in the employee's status, such as changes in position, salary, or termination of employment.
• Record Keeping: Maintaining accurate records of foreign employees' work permits, visas, and registration details.
• Compliance with Labor Laws: Ensuring the foreign employee's working conditions, salary, and benefits comply with Kazakhstani labor legislation.
• Assistance with Documentation: Providing necessary support and documentation for the employee's visa and permit applications and renewals.

Employee Obligations

• Valid Documents: Ensuring their passport, visa, and work permit remain valid throughout their stay and employment.
• Registration: Registering with the migration police within the required timeframe upon arrival.
• Adherence to Visa Conditions: Complying with the conditions of their visa, including the purpose of stay and authorized activities.
• Notification of Changes: Informing the employer and potentially the authorities of changes in personal circumstances (e.g., change of address).
• Departure: Departing Kazakhstan upon the expiration of their visa and work permit unless they have obtained an extension or a different legal status.

Maintaining strict adherence to these obligations is crucial for legal and uninterrupted employment in Kazakhstan. Employers often rely on internal resources or external partners, such as Employer of Record services, to navigate these complex requirements effectively.