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WHICH FOREIGNERS CAN INDEPENDENTLY APPLY FOR A WORK PERMIT?

The list of professions in demand in priority sectors of the economy (types of economic activity) is determined by the authorized body for employment issues, taking into account the forecast of the state of supply and demand in the labor market for the upcoming (upcoming) the year (s) and proposals of the authorized state bodies that manage the relevant area of public administration, local executive bodies, as well as employers. The procedure for issuing certificates and the requirements for the qualifications and level of education of foreigners or stateless persons, as well as the list of priority sectors of the economy (types of economic activity) and professions in demand in them for self-employment are approved by the authorized body for employment in coordination with the authorized state bodies that manage the relevant sphere of public administration.

WHO ISSUES A WORK PERMIT?

According to paragraph 47 of the Rules and Conditions for issuing permits to foreign employees for Employment and employers for attracting foreign labor to foreign employees who are included in the list of persons for self-employment, an employment permit is issued by the authorized body for promoting employment and social protection against unemployment at the place of employment.

FOR HOW LONG IS THE PERMIT ISSUED?

According to paragraph 47 of these Rules, an employment permit is issued or extended for a period of up to three years.

WHAT TERRITORY DOES THE PERMIT APPLY TO?

In accordance with paragraph 48 of these Rules, a work permit for a foreign employee is valid on the territory of one administrative-territorial unit.

WHAT IS THE DEADLINE FOR THE DECISION TO ISSUE A PERMIT?

The decision to issue or extend or refuse to issue or extend a permit to a foreign employee for employment, in accordance with paragraph 51 of these Rules, is made by the authorized body within 5 working days from the date of acceptance of the documents.
In accordance with paragraph 52 of the Rules, the authorized body notifies the foreign employee in writing of the decision made within 3 working days from the date of its adoption.

IS REGISTRATION REQUIRED IF THE PERIOD OF STAY IN KAZAKHSTAN IS LESS THAN 5 (30) DAYS?

If the period of stay of a foreigner does not exceed 5 days (30 days for citizens of the Russian Federation and labor migrants from the countries of the Customs Union), then registration is not required.

WHAT IS THE DEADLINE FOR REGISTERING FOREIGNERS?

The deadline for registration is one working day from the date of submission of the necessary documents.

WHAT DOCUMENTS DO I NEED TO SUBMIT TO GET A PERMIT?

To obtain or extend an employment permit, a foreign employee submits an application to the authorized body with the documents specified in Annex 11 to the Rules and Conditions for issuing permits to a foreign employee for Employment and to employers for attracting foreign labor, namely:
* Information about a foreign employee with an indication of: 
* last name, first name, patronymic (including Latin letters);
* dates of birth;
* citizenship status;
* the number, date and issuing authority of the passport (identity document);
* countries of permanent residence;
* countries of departure;
* education;
* names of the specialty, qualification (position) in accordance with the applied in the Republic of 
Kazakhstan Qualification reference book of positions of managers, specialists and other employees, sample qualifying characteristics of positions of managers, specialists and other employees organizations, the Unified rating and skills guide for jobs and occupations of workers, tariff and qualification characteristics of professions of workers and State classifier of the Republic of Kazakhstan
01-99 "Classifier of occupations", approved by the central executive body.
* Documents of a foreign employee confirming their qualifications: 
* notarized translations (copies, if document completed in state or Russian language) of documents on education, legalized in accordance with legislation of the Republic of Kazakhstan, except cases stipulated by the come into force international treaties of the Republic of Kazakhstan;
* information about the employee's work activity (if available
qualification requirements for work experience in the relevant profession) with the application of a written confirmation of the employee's work activity on the official letterhead of the employer for whom the employee previously worked or other supporting documents recognized in the Republic of Kazakhstan.

MAKING A GUARANTEE FEE

Paragraph 53 of the above Rules provides that a foreign employee, after receiving a notification, submits to the authorized body within 20 working days documents guaranteeing his departure from the Republic of Kazakhstan upon the expiration of the permit, namely, copies of the agreement between the bank and the employee and a document confirming the payment of guarantee contributions to the bank account of a foreign employee.
In accordance with paragraph 6 of the Rules made by the employer in banks of the country of employment guarantee and security Deposit and its amount for a foreign worker is set at not less than the cost of the ticket on the class of the nearest airport of the state in whose territory he lives permanently. Under paragraph 7 of these Rules, the fee for one foreign worker from the countries of the Commonwealth of Independent States is set at not less than the cost of the ticket on railway (wagon docked) or road transport to the nearest station of the state on whose territory he lives permanently.

HOW LONG IS THE PERMIT ISSUED?

Paragraph 54 of the Rules and Conditions for issuing Permits to a foreign employee for Employment and to employers for attracting foreign Labor provides that the authorized body issues a work permit to a foreign employee within 3 working days from the date of receipt of copies of documents confirming the payment of guarantee contributions to the bank account of a foreign employee. In case of non-appearance of a foreign employee within 3 working days for obtaining a work permit, the authorized body sends the work permit to the address of registration of the foreign employee by mail with a notification of receipt of the postal item.

THE DUTY OF THE FOREIGN WORKER IN CASE OF CHANGE OF A PLACE OF WORK

If the employer changes during the period of validity of the employment permit, according to paragraph 55 of the Rules and Conditions for issuing Permits to a foreign employee for Employment and employers for attracting foreign labor, the foreign employee must notify the authorized body in writing within 10 working days from the date of conclusion of the new employment contract.

IN WHAT CASE IS THE PERMIT NOT ISSUED?

Paragraph 56 of the Rules and Conditions for issuing Permits to a foreign employee for Employment and to employers for attracting foreign labor regulates cases in which a permit to a foreign employee for employment is not issued. Such cases include:
* the absence of a declared profession or specialty in the list of
professions (specialties) for self-employment of foreign workers in the Republic of Kazakhstan;
* exceeding the size of the distributed quota.

CASES OF TERMINATION OF THE EMPLOYMENT PERMIT

Such cases are provided for in paragraph 57 of the Rules. These include:
* expiration of the period for which it was issued;
* revocation of permission;
* voluntary return of the permit by a foreign employee to the
authorized body;
* non-submission by a foreign employee of documents
guaranteeing his departure from the Republic of Kazakhstan within the deadline

IS IT POSSIBLE TO RENEW A WORK PERMIT?

The extension of the permit to a foreign employee for employment is made in accordance with paragraph 58 of the Rules up to 2 times for a total period not exceeding 5 years. The extension of the validity period of the permit to a foreign employee for employment is not carried out in the following cases:
* exceeding the size of the distributed quota;
* in case of change of employer without notification of the authorized body

POSSIBILITY TO APPEAL AGAINST THE DECISION OF THE AUTHORIZED BODY

Paragraph 62 of the Rules and Conditions for Issuing Permits to a foreign employee for Employment and to employers for attracting foreign labor provides for the possibility of appealing against the actions of a state body. In case of disagreement with the decision of the authorized body, the employer or foreign employee may appeal it in court.

FOREIGN LABOR FORCE

Foreign labor force refers to foreigners and stateless persons:
- attracted by the employer for the implementation of labor activity in the territory of the Republic of Kazakhstan;
- seasonal foreign workers;
- self-employed;
- temporarily transferred as part of an internal corporate transfer.

THE QUOTA FOR ATTRACTING FOREIGN LABOR FORCE

The quota for attracting foreign labor is the maximum permissible amount of foreign labor allowed to be attracted by the employer for carrying out labor activities in the territory of the Republic of Kazakhstan. The quota for attracting foreign labor is set as a percentage of the total labor force and includes:       
1) a quota for attracting foreign labor by type of economic activity;       
2) the quota for attracting labor immigrants;       
3) a quota for attracting foreign labor in the countries of origin in the presence of international agreements on cooperation in the field of labor migration and social protection of migrant workers ratified by the Republic of Kazakhstan. 
Employers annually, until August 1, submit to the local executive bodies of regions, cities of republican significance, the capital, on the territory of which it is planned to carry out labor activities by foreign employees, the need for foreign labor.

RATIO OF LOCAL AND FOREIGN WORKERS

Employers hiring foreign workers under intra-corporate transfer, provide the percentage of the number of foreign employees (managers and specialists) working in the framework of intra-corporate transfer of not more than fifty percent of the number of Kazakhstan personnel in the appropriate category. When attracting a foreign employee to the positions of managers, the requirements for compliance with the ratio to the number of citizens of the Republic of Kazakhstan do not apply.

WHICH FOREIGNERS DO NOT REQUIRE A PERMIT TO ATTRACT FOREIGN LABOR?

List of persons whose employment does not require the permission of local executive bodies to attract foreign labor    
Foreigners and stateless persons:       
1. Oralmans;       
2. Business immigrants who arrived to carry out business activities;       
3. Those who have received the status of a refugee or an asylum seeker;       
4. Who are immigrants arriving for humanitarian reasons, in accordance with the Law of the Republic of Kazakhstan of July 22, 2011 "On migration of the population";       
5. Convicted persons under the sentences of the courts of the Republic of Kazakhstan to imprisonment, probation, to punishments not related to isolation from society;       
6. Victims of human trafficking for the duration of the proceedings in a specific criminal case related to human trafficking, before the entry into force of the court verdict;       
7. Those entering the Republic of Kazakhstan for the purpose of family reunification, who have reached the age of majority, are the spouse of a citizen of the Republic of Kazakhstan and have been married for at least three years, recognized by the legislation of the Republic of Kazakhstan;       
8. Full-time students and simultaneously working in educational institutions of the Republic of Kazakhstan in their free time in accordance with the labor legislation of the Republic of Kazakhstan;       
9. Who are citizens of the states parties to the Treaty on the Eurasian Economic Union of May 29, 2014;     
10. Who are members of the crews of sea and river vessels, air and rail transport;       
11. Working as artists, directors, conductors, choirmasters, choreographers, athletes and coaches;       
12. Attracted by the participants and bodies of the Astana International Financial Center";       
13. Are experts on creation of space missile complex and operation of ground space infrastructure engaged under international agreements of the Republic of Kazakhstan on cooperation in aerospace activities;       
14. Engaged in teaching activities in accordance with international treaties of the Republic of Kazakhstan on cooperation in education in organizations of secondary, technical and vocational, secondary and higher education of the Republic of Kazakhstan, but comprise no more than 25 percent, and to implement international integrated educational curriculum - not more than 50 percent of the staff of the organization;       
15. From among the teaching staff of higher educational institutions, which are assigned a special status in accordance with the legislation of the Republic of Kazakhstan, as well as working in higher educational institutions as managers and teachers with higher education with confirmed documents in accordance with the legislation of the Republic of Kazakhstan, and training personnel for economic sectors.       
16. Working as the first heads of branches or representative offices of foreign legal entities.       
17. Those who are on a business trip for business purposes, the duration of which does not exceed a total of one hundred and twenty calendar days within one calendar year.       
18. Working as first executives of companies that have entered into with the Government of the Republic of Kazakhstan contracts for investments in cash equivalent upwards of 50 million dollars, and the first leaders of legal entities of the Republic of Kazakhstan implementing investment activity in priority types of activity and the contract with the authorized body on investments.

DOCUMENTS REQUIRED FOR OBTAINING A PERMIT TO ATTRACT FOREIGN LABOR

To obtain a permit, the employer or a person authorized by him, through the information system "State Database "E-Licensing" or in paper form, submits to the local executive body at the place of employment of foreign labor, an application, in accordance with Annex 4 to the Rules, with the attachment of documents submitted for obtaining a permit to attract foreign labor in accordance with Annex 5 to the Rules, as well as information about the foreign workers involved, indicating the surname, first name, patronymic (including Latin letters).), date of birth, citizenship, number, date and body of issue of passport (identity document), country of permanent residence, country of departure, education, name of specialty, qualification (position) in accordance with the professional standards applied in the Republic of Kazakhstan, Qualification Directory of positions of managers, specialists and other employees, standard qualification characteristics of positions of managers, specialists and other employees of organizations, Unified tariff and qualification directory of works and professions of workers, tariff and qualification characteristics of workers ' professions and the State classifier of the Republic of Kazakhstan 01-99 "Classifier of occupations".
1. Documents for attracted foreign workers confirming their qualifications:       
1) notarized copies and translations (if the document is not completed in Kazakh or Russian) of educational documents legalized in accordance with the procedure established by the legislation of the Republic of Kazakhstan, except for cases provided for by international treaties of the Republic of Kazakhstan that have entered into force;      
 2) information on work of the employee (in the presence of qualification requirements by work experience in the corresponding profession) with a written confirmation of employment on the official letterhead of the employer from whom the worker earlier worked, or other confirming documents recognised in the Republic of Kazakhstan.      
 2. Information on local content in personnel in accordance with paragraph 6 of the Rules and Conditions for Issuing and (or) Renewing Permits to Employers to Attract Foreign Labor, as well as for Intra – corporate transfer, approved by Order No. 559 of the Acting Minister of Health and Social Development of the Republic of Kazakhstan dated June 27, 2016 (registered with the Ministry of Justice of the Republic of Kazakhstan on August 29, 2016 No. 14170) (hereinafter referred to as the Rules). When attracting foreign labor for priority projects, the employer provides information about the local content in the personnel for priority projects in accordance with paragraph 7 of the Rules.       
3. If a foreign legal entity-an employer, carries out its activities in the Republic of Kazakhstan without forming a branch, representative office, a notarized copy of the contract for the performance of works, the provision of services (if a foreign employee is involved in accordance with paragraph 31 of the Rules) and a notarized translation, if the above documents are not filled in Kazakh or Russian.       
4. If a foreign legal entity-employer sends its employees to the Republic of Kazakhstan to perform work, provide services to a subsidiary, representative office, branch of a foreign legal entity in which such a foreign legal entity-employer directly or indirectly has shares or interests, a notarized copy of the document (letter or transfer agreement) agreed between the foreign employee and the foreign legal entity-employer, from which the temporary transfer of the foreign employee is carried out (in the case of, if a foreign employee is involved in accordance with paragraph 31 of the Rules) and a notarized translation, if such a document is not filled in in Kazakh or Russian.       
5. A copy of the foreign employee's identity document

SEARCH FOR CANDIDATES IN THE DOMESTIC LABOR MARKET

The local executive body issues a permit if there are available jobs and there are no applicants whose qualification level corresponds to the level for filling the vacancy. The search for relevant candidates in the domestic labor market is carried out by the employer by sending information about the availability of available jobs (vacant positions) to the employment center at the place of employment of foreign labor in accordance with the Law of the Republic of Kazakhstan dated April 6, 2016 "On Employment of the Population". The local executive body accepts the employer's application for a permit to attract foreign labor no earlier than fifteen calendar days and no more than sixty calendar days from the date of submission of information on the availability of available jobs (vacant positions).

TERMS OF CONSIDERATION OF THE APPLICATION AND ISSUANCE OF THE PERMIT

The decision to issue or refuse to issue a permit is made by the local executive body within seven working days from the date of acceptance of the employer's documents. The employer, from the date of receipt of the notification of the issuance of the permit through the information system "State Database "E-Licensing" or in paper form, submits to the local executive body within ten working days copies of documents confirming the payment of the fee for the issuance of the permit.

CORPORATE TRANSLATION

Corporate transfer in accordance with subparagraph 7) of paragraph 1 of the Rules for Issuing Permits is understood as a temporary transfer of a foreigner or a stateless person in accordance with a letter and (or) an agreement on corporate transfer from a foreign legal entity to perform work, provide services to a branch, subsidiary, representative office or affiliate of this foreign legal entity, which is established on the territory of the Republic of Kazakhstan.
For obtaining of permit for attracting foreign labor force within corporate transfer, the representative of the legal entity, in whose favour the work is done, services rendered, submits to the authorized body in addition to 
the above documents, a certified translation (in the state and Russian languages) letters and (or) agreement of a foreign legal entity on corporate transfer with indication of the date of the transfer, the professions or specialties, surname, name, patronymic of transferred employees in accordance with the data specified in the passport or ID card.

SPECIAL CONDITIONS FOR ISSUING A PERMIT TO ATTRACT FOREIGN LABOR

When issuing permits, the employer, in agreement with the local executive body, is subject to one of the following special conditions:: 
1) professional training of citizens of the Republic of Kazakhstan in the specialty of the foreign employee involved; 
2) retraining of citizens of the Republic of Kazakhstan in the specialty of the foreign employee involved; 
3) professional development of citizens of the Republic of Kazakhstan; 
4) creation of additional jobs for citizens of the Republic of Kazakhstan in the specialties in which foreign workers are attracted.

VALIDITY PERIOD OF THE PERMIT TO ATTRACT FOREIGN LABOR

Permits to attract foreign labor within the framework of an internal corporate transfer are issued for the transfer period specified in the employment contract, but not more than three years with the right to extend no more than once for twelve months.       
In the absence of an employment contract, the term of an intra-corporate transfer is determined by a letter or agreement (contract) on an intra-corporate transfer, but not more than three years with the right to extend it no more than once for twelve months.

EXTENSION OF THE TERM OF THE PERMIT TO ATTRACT FOREIGN LABOR

To extend the term of the permit, the employer, in accordance with paragraph 36 of the Rules for Issuing Permits, sends the following documents to the authorized body at least 20 working days before the expiration of the validity period:
* application;
* information on the implementation of special conditions of permits issued for the previous and current calendar years, the deadline for which has come (if any);
* information about local content in the frames;
* justification for the extension of the permit period;
* a notarized copy of the permit.
The decision to extend the deadline or to refuse to extend it is made within 5 working days from the date of acceptance of the documents. In case of a positive decision of the authorized body, the permit for the recruitment of foreign labor is extended for 12 months, and the validity period of the permit begins on the day of the expiration of the previously issued permit.

REFUSAL TO ISSUE AND EXTEND A PERMIT TO ATTRACT FOREIGN LABOR

Paragraph 38 of the Permit Rules provides for grounds for refusing to issue and renew a permit. These are the cases:
* exceeding the size of the distributed quota;
* non-compliance by the employer with the requirements for the Kazakh content in the personnel (applies to permits issued since January 1, 2012);
* establishing the fact that the employer has engaged foreign workers without permission. In this case, no new permits will be issued within 12 months from the date of establishing such a fact;
* failure to comply with the special conditions of permits issued for the previous and current calendar years, the deadline for which has come (if any).
* non-compliance of the level of education (professional training) and experience (experience) of practical work of foreign labor with the qualification requirements for the professions of workers and the positions of managers, specialists and employees, in accordance with the Unified Tariff and Qualification Directory of Works and Professions of Workers and the Qualification Directory of Managers, Specialists and Other Employees.

REVOCATION OF THE ISSUED PERMIT TO ATTRACT FOREIGN LABOR

The authorized body, in accordance with paragraph 32 of the Rules for Issuing Permits, revokes the current permit to attract foreign labor in the following cases:  
1) involvement of a foreign employee in a profession or specialty that does not correspond to the profession or specialty specified in the permit;
2) the employer's failure to comply with the conditions set out in paragraph 6 of the Rules for Issuing Permits. At the same time, the local executive body revokes the last issued permits, the number of which exceeds the percentages established by paragraph 6 of the Rules for Issuing Permits.

LIABILITY FOR VIOLATION OF THE RULES FOR ATTRACTING FOREIGN LABOR

Attraction by the employer of foreign labor force without the permission of the local executive body or use of labor of foreigners and stateless persons who do not have a work permit in accordance with Part 1,2,3 of Article 519 of the Code of the Republic of Kazakhstan on Administrative Offenses  
1. The employer's involvement of foreign labor without the permission of the local executive body or the use of the labor of foreigners and stateless persons who do not have a work permit – entail a fine for individuals in the amount of thirty, for officials – in the amount of fifty, for small businesses or non – profit organizations – in the amount of one hundred, for medium – sized businesses-in the amount of two hundred, for large businesses-in the amount of one thousand calculated indicators. 
2. The employer's involvement of a foreign employee in a position (profession or specialty) that does not correspond to the position (profession or specialty) specified in the permit of the local executive body to attract foreign labor – entails a fine for individuals in the amount of thirty, for officials – in the amount of fifty, for small businesses or non – profit organizations – in the amount of one hundred, for medium – sized businesses-in the amount of two hundred, for large businesses-in the amount of one thousand calculated indicators. 
3. The actions provided by parts one and two of this article committed repeatedly within year after imposing of an administrative penalty – entails a fine for individuals in the amount of fifty, on officials – in the amount of one hundred on small businesses or non-profit organizations – in the amount of two hundred, for medium-sized enterprises – in the amount of three hundred, for large businesses – in the amount of one thousand calculated indices.

HOW LONG DOES A FOREIGNER HAVE TO REGISTER IN KAZAKHSTAN?

Foreigners temporarily staying in the Republic of Kazakhstan are required to register within 5 calendar days from the date of crossing the state border of the Republic of Kazakhstan (paragraph 9 of the Rules of Entry and Stay of Immigrants in the Republic of Kazakhstan, as well as their Departure from the Republic of Kazakhstan).
Citizens of the Russian Federation are exempt from the obligation to register (register at the place of residence) within 30 days. In case of stay on the territory of the Republic of Kazakhstan more than 30 days, they must register (to register at the place of stay) in the prescribed manner (paragraphs 1 and 3 of article 1 of the Agreement between the Republic of Kazakhstan and the Russian Federation on the procedure of stay of citizens of the Republic of Kazakhstan on the territory of the Russian Federation and citizens of the Russian Federation on the territory of the Republic of Kazakhstan).
A foreigner who is a citizen of a member state of the Customs Union, who indicated "work" as the purpose of entering Kazakhstan, as well as his family members, are exempt from registration within 30 days from the date of entry into the territory of the Republic of Kazakhstan (Article 5 of the Agreement on the Legal Status of Migrant Workers and Members of Their Families).

WHAT CATEGORIES OF FOREIGNERS ARE EXEMPT FROM REGISTRATION?

The following immigrants are exempt from passport registration (paragraph 10 of the Rules of Entry and Stay of Immigrants in the Republic of Kazakhstan, as well as their Departure from the Republic of Kazakhstan):
* those who have a diplomatic or service passport;
* arrived in the Republic of Kazakhstan with a visa of the Republic of Kazakhstan of the category "diplomatic", "official", "investor" or with confirmation of the status of "investor"from the authorized body (for countries with a visa-free stay).

WHERE IS THE REGISTRATION OF FOREIGNERS CARRIED OUT?

Foreigners are registered by the migration police of the Ministry of Internal Affairs at the place of permanent or temporary residence of the foreigner. The list of territorial divisions of the migration police that carry out registration is contained in Annex 1 to the Standard of the State Service Registration of Foreigners and Stateless Persons Temporarily Staying in the Republic of Kazakhstan.
Registration of certain categories of foreign citizens (diplomatic and consular employees, members of their families, employees of international organizations, persons who arrived at the invitation of the Ministry of Foreign Affairs) is carried out by the Ministry of Foreign Affairs of the Republic of Kazakhstan.

WHO SHOULD APPLY FOR REGISTRATION?

In order to register a foreigner, the migration police authority must be contacted by individuals or legal entities receiving the foreigner.
Foreigners belonging to one of the following categories apply for registration in person (Appendix 2 to the above Standard):
1. Citizens of the following States: 
* The Commonwealth Of Australia
* Republic of Austria,
* Kingdom of Belgium,
* United Kingdom of Great Britain and Northern Ireland,
* The Hellenic Republic,
* Kingdom of Denmark,
* Republic of Ireland,
* Republic of Iceland,
* Kingdom of Spain,
* The Italian Republic,
* Canada,
* The Principality Of Liechtenstein,
* Grand Duchy of Luxembourg,
* Malaysia,
 In Monaco,
* Kingdom of the Netherlands,
* New Zealand,
* Kingdom of Norway,
* The Portuguese Republic,
* Republic of Singapore,
* United States of America,
* Republic of Finland,
* The French Republic,
* Federal Republic of Germany,
* The Swiss Confederation,
* Kingdom of Sweden,
* Japan,
* Republic of Korea,
* United Arab Emirates,
* Kingdom of Saudi Arabia,
* Of The Republic Of Poland,
* Republic of Hungary,
* The Slovak Republic.
2. Visa holders of the "tourist" category";
3. Foreigners who entered the Republic of Kazakhstan together with their spouses, children or parents-foreign citizens;
4. Holders of documents confirming the connection with the Republic of Kazakhstan (a column in the national passport or a birth certificate in the Republic of Kazakhstan, a copy of the document on the burial of a close relative in the Republic of Kazakhstan, a copy of the certificate of renunciation of citizenship of the Republic of Kazakhstan);
5. Foreigners-representatives of the Kazakh diaspora.

DOCUMENTS REQUIRED FOR REGISTRATION

For the registration of natural or legal persons receiving a foreigner or a person without citizenship and also foreigners applying for registration personally present, in accordance with paragraph 11 of this Standard: 
* a valid identity document of the foreigner or stateless person with a visa for entry and stay in the Republic of Kazakhstan (if the relevant government order of visa-free entry visa is not required);
* a migration card with a mark on the border crossing, which is issued by border service officers at checkpoints across the state border;
* application for registration:
* for individuals-the form is issued by employees of the migration police units;
* for legal entities-issued on the official letterhead of the legal entity.
For the registration of foreigners and stateless persons whose temporary stay in the Republic of Kazakhstan is more than 6 months, the following documents are additionally submitted::
* two filled address leaves of arrival;
 the filled in coupon of the statistical record to an arrival leaf;;
* one photo size of 35 x 45 mm.
After accepting all the documents, an employee of the migration
police department issues a ticket for accepting the documents.

THE RESULT OF THE REGISTRATION

The result of registration is the issuance of an identity document and a migration card with a mark of registration to the foreigner.
Foreign citizens who have not issued migration cards at the state border checkpoints (this is not mandatory for visa applicants), they are issued at the time of registration. At the same time, the visa (passport) seal of the migration police unit is affixed in the "Entry"column (paragraphs 3, 14 of the Rules for Issuing a migration card).

CAN A FOREIGNER, HAVING REGISTERED IN ONE LOCALITY, MOVE AROUND KAZAKHSTAN?

In accordance with article 16 of the Law of the Republic of Kazakhstan "On the Legal Status of Foreigners", foreigners can freely move around the territory of the Republic of Kazakhstan open to foreigners and choose their place of residence in accordance with the procedure established by the legislation of the Republic of Kazakhstan. This means that having registered at a certain place of residence, a foreigner has the right to move around the territory of the Republic of Kazakhstan without restrictions (within the registration period), including visiting other regions and localities, with the exception of territories that are restricted for foreigners to visit.

RE-REGISTRATION IN CASE OF ADDRESS CHANGE

According to paragraph 1 of Article 16 of the Civil Code of the Republic of Kazakhstan (General Part), the place of residence is the locality where the citizen permanently or predominantly resides. If the place of permanent or preferential residence of a foreigner changes, it means a change in the temporary place of residence. 
If a foreigner changes his / her temporary place of residence in the Republic of Kazakhstan, the receiving legal entity or individual must notify the internal affairs bodies in writing within 3 days.
In the event of a change of permanent or temporary place of residence, foreigners must re-register with the internal affairs bodies at the place of their new residence within 5 days. (paragraph 10 of the Rules of Entry and Stay of Immigrants in the Republic of Kazakhstan, as well as their Departure from the Republic of Kazakhstan).

REGISTRATION EN ROUTE THROUGH KAZAKHSTAN

In a situation where a foreigner is traveling through the territory of Kazakhstan to another state, and the time of stay on the territory of Kazakhstan takes less than 5 calendar days, registration is not required. However, if the total period of stay of a foreigner in the territory of Kazakhstan exceeds 5 calendar days, then he must register, in order to avoid problems when leaving the territory of Kazakhstan. You can register at the first place of temporary stay or stop in Kazakhstan (with Kazakhstani citizens, in a hotel). At other points of stay, you no longer need to register, explaining when checking documents that a foreigner should go to the border in order to leave the country.

LIABILITY FOR VIOLATION OF THE REGISTRATION RULES

Responsibility for the violation of the registration rules by foreigners is established by Article 394 of the Code of the Republic of Kazakhstan on Administrative Offenses.
According to this article , failure to comply with the terms of registration entails a fine of 10 MCI, and repeated within a year - administrative arrest for up to 10 days.
Evasion of departure within the established time limits, non-compliance with the purpose of departure specified at entry or registration, non-compliance of the actual place of residence to the address specified at registration entails administrative arrest for up to 10 days, and in case of repeated commission within a year-a fine of 40 MCI or administrative arrest for up to 15 days with administrative expulsion from the Republic of Kazakhstan.

LIST OF COUNTRIES WHOSE CITIZENS ENTER THE REPUBLIC OF KAZAKHSTAN ON A VISA-FREE BASIS

1. The Republic Of Azerbaijan
2. The Republic of Armenia - for a period of up to one month
3. The Republic of Belarus
4. The Republic of Georgia - for a period of up to 90 days
5. The Kyrgyz Republic
6. The Republic of Moldova for a period up to 90 days
7. Mongolia - for up to 90 days
8. Russian Federation
9. The Republic Of Tajikistan
10. The Republic Of Uzbekistan
11. Republic of Turkey - for a period of up to one month
12. Ukraine - for a period of up to 90 days

IS IT POSSIBLE FOR A FOREIGNER TO PRESENT A RESIDENCE PERMIT INSTEAD OF A PASSPORT WHEN ENTERING AND LEAVING?

A residence permit certifies the right of a foreigner to permanent residence in the territory of the Republic, but it cannot replace the passport of a foreigner when entering or leaving. Therefore, a foreigner who has a residence permit is still required to have a passport with him.

IS IT POSSIBLE FOR A FORMER CITIZEN OF THE REPUBLIC OF KAZAKHSTAN TO USE A KAZAKH PASSPORT WHEN ENTERING OR LEAVING THE REPUBLIC?

A citizen of the Republic of Kazakhstan who has received the citizenship of another state, but has retained the passport of the Republic of Kazakhstan when using such a passport at the border may lose it in connection with the seizure by the border service officers. Also, in accordance with article 22 of the Law of the Republic of Kazakhstan "On Population Migration" and article 22 of the Law of the Republic of Kazakhstan "On the Legal Status of Foreigners", or in accordance with article 28 of the Law of the Republic of Kazakhstan "On the Legal Status of Foreigners", such a foreigner may be refused entry or expelled from the Republic.
The fact is that dual citizenship is not allowed in the Republic of Kazakhstan, and the acquisition of citizenship of another state means the loss of Kazakh citizenship. In this connection, the Kazakh passport becomes invalid

LISTS OF DOCUMENTS FOR INDIVIDUAL STATES

Russian Federation
1. Foreign passport.
2. Service passport.
3. Diplomatic passport.
4. Seafarer's passport (if there is a ship's role or an extract from it).
5. Certificate of return to the Russian Federation (for departure only).
6. Internal passport.
7. Birth certificate (for citizens of the Russian Federation who have not reached the age of 16).
The list operates in accordance with the Protocol of March 24, 2005 to the Agreement between the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the government of the Russian Federation and the Government of the Republic of Tajikistan about mutual visa-free trips of 30 November 2000 and by Decree of the Government of the Republic of Kazakhstan from may 23, 2005 №494 "On mutual visa-free trips of citizens of the Republic of Kazakhstan and the Russian Federation".
Republic of Belarus
1. Passport of a citizen of the Republic of Belarus.
2. Service passport.
3. Diplomatic passport.
4. National seafarer's identity card (if there is a ship's role or an extract from it).
5. Certificate of return to the Republic of Belarus (only for departure).
The list is valid in accordance with the Protocol of March 24, 2005 to the Agreement between the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Russian Federation and the Government of the Republic of Tajikistan on mutual visa-free travel of citizens of November 30, 2000.
The Kyrgyz Republic
1. A passport of a citizen of the Kyrgyz Republic of the sample of 1994 (if there is a completed foreign page) before the expiration date and a passport of the sample of 2004.
2. Service passport.
3. Diplomatic passport.
4. Seafarer's passport (if there is a ship's role extract from it).
5. Certificate of return to the Kyrgyz Republic.
The list is valid in accordance with the Protocol of March 24, 2005 to the Agreement between the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Russian Federation and the Government of the Republic of Tajikistan on mutual visa-free travel of citizens of November 30, 2000.
Republic of Tajikistan
1. Foreign passport.
2. Service passport.
3. Diplomatic passport.
4. Seafarer's passport (if there is a ship's role or an extract from it).
5. Certificate of return to the Republic of Tajikistan.
The list is valid in accordance with the Protocol of March 24, 2005 to the Agreement between the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Russian Federation and the Government of the Republic of Tajikistan on mutual visa-free travel of citizens of November 30, 2000.
The Republic Of Azerbaijan
1. General civil passport of the Republic of Azerbaijan.
2. Service passport.
3. Diplomatic passport.
4. Seafarer's book (a document certifying the seafarer's identity, if there is a ship's role or an extract from it).
5. Certificate of an aircraft crew member (if there is a
corresponding entry in the flight assignment).
6. Certificate of return to the Republic of Azerbaijan (only for return to the Republic of Azerbaijan).
The list is valid in accordance with the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on mutual visa-free travel of citizens dated October 2, 2009.

WHO ISSUES A CERTIFICATE OF COMPLIANCE WITH THE QUALIFICATIONS FOR SELF-EMPLOYMENT?

To obtain a certificate of compliance with the qualification for self-employment, a foreigner or a stateless person submits an application for self-employment in the Republic of Kazakhstan to foreign institutions of the Republic of Kazakhstan, which is forwarded to the authorized body for employment. If a foreigner or a stateless person is located in the Republic of Kazakhstan, in order to obtain a certificate of compliance with the qualification for self-employment, the foreigner or a stateless person applies to the authorized body for employment with an application for self-employment in the Republic of Kazakhstan.

FOR HOW LONG IS THE CERTIFICATE OF COMPLIANCE WITH THE QUALIFICATIONS FOR SELF-EMPLOYMENT ISSUED?

Foreigners or stateless persons can perform labor activities in the Republic of Kazakhstan on the basis of certificates of qualification for self-employment demand in the priority sectors of economy (kinds of economic activities) professions issued by the authorized body on employment issues for a period not exceeding three months, renewable for a period of labor agreement validity but not more than three years.

WHAT DOCUMENTS DO I NEED TO PROVIDE TO OBTAIN A CERTIFICATE OF COMPLIANCE WITH THE QUALIFICATIONS FOR SELF-EMPLOYMENT?

A foreigner or a stateless person residing outside the Republic of Kazakhstan submits an application to the foreign institutions of the Republic of Kazakhstan for the issuance of a certificate and the following documents are attached to the application:      
1) a copy of the identity document;       
2) a notarized translation (into the state or Russian language) of education documents that have passed the procedure of recognition or nostrification in the order established by the legislation of the Republic of Kazakhstan on education, except when otherwise provided by international treaties ratified by the Republic of Kazakhstan;        
3) a copy of the document confirming the employment, notarized, as well as its translation in the state or Russian language.

DO I NEED A PERMIT TO ATTRACT A CITIZEN OF KAZAKHSTAN LIVING ABROAD?

If a citizen of the Republic of Kazakhstan permanently resides outside its borders, and the employer plans to employ such a citizen in the territory of the Republic of Kazakhstan, a permit to attract foreign labor is not required, since such a citizen is not a foreigner.

CATEGORIES OF EMPLOYEES WHEN OBTAINING PERMITS

Paragraph 3 of the Rules for Issuing Permits establishes four categories of employees:
*first category – first managers and their deputies;
*the second category – heads of structural subdivisions who meet the qualification requirements qualification Handbook for managers, professionals and other employees, sample qualifying characteristics of positions of managers, specialists and other employees organizations;
*the third category – specialists who meet the qualification requirements qualification Handbook for managers, professionals and other employees, sample qualifying characteristics of positions of managers, specialists and other employees organizations;
* the fourth category - qualified workers who meet the qualification requirements established by the Unified Tariff and Qualification Directory of works and Professions of Workers, tariff and qualification characteristics of professions of workers.

WHO SHOULD APPLY FOR PERMISSION?

An employer who plans to attract foreign labor applies for a permit. Employees do not apply for such a permit on their own.  According to p. 31 Rules for issuing permits if a foreign legal entity-an employer operating in the Republic of Kazakhstan without forming a branch or representative office-sends its employees to the Republic of Kazakhstan under a contract for the performance of works or services, then the legal entity (including a foreign legal entity operating in the Republic of Kazakhstan through a branch or representative office), in whose favor the work or services are performed, performs the registration of documents related to obtaining a permit.

WHO ISSUES A PERMIT TO ATTRACT FOREIGN LABOR?

The decision to issue or refuse to issue a permit is made by the local executive body within seven working days from the date of acceptance of the employer's documents. The local executive body makes a decision based on the recommendations of the Commission for Issuing Permits for Attracting Foreign Labor created by the local executive body. The Commission includes representatives of the internal affairs bodies, the education body and the local labor inspection body. The employer or its representative, at its discretion, participates in the meeting of the Commission. The local executive body shall post information about the date, time and place of the Commission meeting on its official Internet resource at least three working days before the meeting date. (paragraphs 13-15 of the Permit Rules).

REISSUE OF A PERMIT FOR ANOTHER EMPLOYEE

The reissue of a previously issued permit for another foreign employee is allowed in accordance with paragraph 22, 23 of the Rules for Issuing a permit in the following cases::
* non-arrival of a foreign employee for whom the original work permit was issued to the place of work;
* termination of the employment contract with him before the expiration of the permit to attract foreign labor.
The extension is made for the period remaining until the expiration of the original permit. In this case, the employer submits the documents provided for obtaining a permit in the general procedure. The original permit is subject to return to the authorized body.
The decision to reissue the previously issued permit is made within 5 working days from the date of acceptance of the documents.

EXTENSION OF THE TERM OF THE PERMIT TO ATTRACT FOREIGN LABOR

To extend the term of the permit, the employer, in accordance with paragraph 24 of the Rules for Issuing Permits, sends the following documents to the authorized body at least one month before the expiration of the validity period: 
1) application form; 
2) information about the local content in the frames in accordance with Annex 2 to the Rules for issuing permits; 
3) information about the foreign employee involved; 
4) a copy of the identity document of the foreign employee. The local executive body, on the basis of the submitted documents, within three working days from the date of acceptance of the documents, makes a decision to extend the term of the permit to attract foreign labor or to refuse to extend it. The local executive body sends the employer a notice of extension or refusal to extend the permit period through the information system "State Database" E-Licensing " or in paper form within one working day after the day of making the decision to extend or refuse to extend the permit period for attracting foreign labor. The employer after receipt of notification of renewal via the information system "State database "E-licensing" or in paper form represents the local Executive body within ten working days, copies of documents confirming the payment of the fee for permit renewal.

INTRA-CORPORATE TRANSFER

Intra-corporate transfer – temporary for a period determined by the labor contract but not more than three years, with an option to renew for one year the transfer of a foreigner or a stateless person employed on the position of leader, Manager, or specialist in the legal entity established in the territory of a member country of world trade organization located and operating outside the territory of the Republic of Kazakhstan, branches, subsidiaries, representative offices of this legal entity established on the territory of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan;

CONDITIONS FOR ISSUING A PERMIT WITHIN THE FRAMEWORK OF AN INTERNAL CORPORATE TRANSFER

Resolution in the framework of intra-corporate transfer are issued subject to the availability of the leader, Manager and specialist at least one year of work experience in legal entity established in the territory of a member country of world trade organization located and operating outside the territory of the Republic of Kazakhstan and their compliance with the qualification requirements applied in the Republic of Kazakhstan with professional standards, Qualification schedule of managers, professionals and employees, sample qualifying characteristics of posts of heads, specialists and other employees of organizations, as well as the State classifier of the Republic of Kazakhstan 01-99 "Classifier of occupations".

DOCUMENTS SUBMITTED FOR OBTAINING A PERMIT TO ATTRACT FOREIGN EMPLOYEES TRANSFERRED AS PART OF AN INTERNAL CORPORATE TRANSFER

To obtain permission to attract foreign workers as part of an intra-corporate transfer, the employer through the information system "State Database" E-licensing "or in paper form submits an application to the local executive body at the place of employment of foreign labor in the form, in accordance with Appendix 4 to the Rules , with the attachment of documents submitted for obtaining permission to attract foreign workers, transferred as part of an intra-corporate transfer in accordance with Appendix 9 to the Rules, as well as information about the foreign employees involved, indicating the last name, first name, patronymic (if any) (including in Latin letters ), date of birth, citizenship, number, date and authority for issuing a passport (identity document), country of permanent residence, country of departure, education, name of specialty, qualifications (position) in accordance with the professional and standards, the Qualification reference book of positions of managers, specialists and other employees, typical qualification characteristics of the positions of managers, specialists and other employees of organizations, the Unified tariff and qualification reference book of jobs and professions of workers, tariff and qualification characteristics of the professions of workers and the state classifier of the Republic of Kazakhstan 01-99 " Classifier of occupations ", approved by the central executive body.
1. A notarized translation (a copy, if the document is filled out in Kazakh or Russian) of an employment contract (concluded with a legal entity established in the territory of a member country of the World Trade Organization, located and operating outside the territory of the Republic of Kazakhstan), or a letter or agreement on an intra-corporate transfer concluded with an employer (concluded with a legal entity established in the territory of a member country of the World Trade Organization, located and operating outside the territory of the Republic of Kazakhstan), with a branch, representative office, an affiliate of this legal entity established / registered in the Republic of Kazakhstan ;
2. Information on the fulfillment of special conditions of permits to attract foreign labor, issued for the previous and current calendar years, the due date of which has come (if any);
3. Documents for attracted foreign workers, confirming their qualifications:
1) notarized copies and translations (if the document is not completed in the Kazakh or Russian languages) of education documents legalized in the manner prescribed by the legislation of the Republic of Kazakhstan, with the exception of cases provided for by international treaties of the Republic of Kazakhstan that have come into force;
2) information on the employee's labor activity (if there are qualification requirements for work experience in the relevant profession) with an attachment in a written confirmation of the employee's labor activity on the official letterhead of the employer for whom the employee previously worked, or other supporting documents recognized in the Republic of Kazakhstan;
4. Information on local content in personnel when attracting foreign workers within the framework of an intracorporate transfer provided for in paragraph 47 of the Rules and Conditions for the Issue and (or) Extension of Permits to Employers to Attract Foreign Labor, as well as the implementation of an intracorporate transfer approved by order of the Acting Minister of Health Development of the Republic of Kazakhstan dated June 27, 2016 No. 559 (registered with the Ministry of Justice of the Republic of Kazakhstan on August 29, 2016 No. 14170;
5. A copy of the identity document of the foreign worker.
6. Form of agreement with the employer of special conditions for issuing permits in accordance with paragraph 45 of the Rules.