If the professions of migrant workers are not
included in the list of professions for which a work permit is issued
independently, then the employer should be responsible for obtaining a work
permit forвых мигрантов должен заниматься migrant workers.
Obtaining a business immigrant visa forentrepreneurial
activity in the Russian Federation Kazakhstan
Description of the situation:
Foreign national(from Colombia) he wants to engage in
business activities on the territory of Kazakhstan, and therefore he needs to
stay in the country for at least 8 months, or even severalyears. The Embassy of
Kazakhstan informed that it will be necessary to receivean invitation from the
organization inKazakhstan. But the fact is that in Kazakhstane there is no
inviting party, since the person himself goes to create a company. We are aware
ofthe existence of a business immigrant visa (M4), but we cannot find detailedinformation
about the required documents. We are also considering the option of obtaining a
business or private visa, and after arriving in Kazakhstan, try to get a
permanent residence permit. But the egov website writes the following:
"Before applying for a residence permit, you musthave officially lived in
the country for at least three years. Officially , this means that a foreigner
makes out a temporary registration upon arrival and regularlyrenews it
according to the necessary conditions. After that, on the basis of these
papers, it will be possible to prove that he is in the country for the required
1) which visa is best to apply for in thiscase and
what documents are required for this? Are you particularly interested in the
requirements fora business immigrant(M4) visa?
2) Can a foreigner who has arrived inKazakhstan on
one of the visas establish and further manage an enterprise (LLP)?
3) is the information on странице the egov page
Accurate about the need to live ine countries for at least 3 years before obtaining
a residence permit?
4) the Migration police of Astana informed us that
we need to indicate "good reasons" when applying for a permanent
residence permit, such as marriage, University studies, etc.Can the creation of
an LLP be such a reason?
5) do all founders, including non-residents, need to
be physically present when setting up an LLP?
1. according to Annex 6 To the rules for issuing
visas of the Republic of Kazakhstan, as well as extending and shortening their
validityperiods, a visa for the category " M4 " is a work visa issued
to business immigrants.
Thus, if a foreigner expresses a desire to carry out
business activities in the Republicof Kazakhstan, he must apply for an M4 visa.
In accordance with paragraph 63 Of the rules for
issuing visas of the Republic of Kazakhstan, as well as extending and
shortening their validity periods, anM4 visa is issued in the presence of visa
support issued on the basis of a confirmation letter from local Executive
bodies of the capital, citiesof Republican significance and regions of the
Republic of Kazakhstan in accordance with the formно приложению 1 к
Thus, in this case, the inviting party will be the
akimat of the region. Almaty or Astana.
As an interested party, you should contactAkimat
with a request to provide sucha confirmation letter. The procedure for
submitting a confirmation letter is not regulated by the legislation of the
Republic of Kazakhstan, which implies various options for Your application. At
the same time, there is no procedure for appealing a refusalAkimat's refusal to
provide a confirmation letter.
According to the note to Annex 1 Rules for issuing
visas of the Republic of Kazakhstan, and also prolongation and reducing terms
of their action the letter-confirmed- message is issued on the title page
(signature BLAnke) of the host organization, where indicated, TRN, BIN, postal
address, telefon, Fax, email address, Bank details; in line 1 russkAya
transcription of name and surname is required; in line 6, the validity of the
visa tolien to expire at least 3 months before the expiry of the travel
documentof NTA; in line 11 (one-, two-, three-, many-) multiplicity of the visa
means timesthe possibility of visiting Kazakhstan for a specified period of
stay; line 12 "purpose of visit" is filled with detailed justification
for tenure Tothe Kazakhstan and especially, the multiplicity of the requested
Persons applying for a visa category "M4",
visas are issued by the MFA and the diplomatic missions of the RK. List of
documents required for issuing visas of the Republic of Kazakhstan approved by
the joint order of the acting Ministerof foreign Affairs of the Republic of
KazakhstanKazakhstan dated March 5, 2013 No. 08-1-1-1 / 71 and the Minister of
internal AffairsOf the Republic of Kazakhstan dated March 7, 2013 No. 175:
1. Visa support for foreigners entering the Republic
of Kazakhstan on private business and for permanent residence, as well as for
foreigners or stateless persons permanently residing in the Republic of
2. Travel document granting the right to cross the
borderState border of the Republic of Kazakhstan;
3. Questionnaire for visa application (1 copy);
4. One black-and-white or color fotography of size
3,5x4,5 cm with a clear image of a persons face with no pointin with tinted
Windows and without headdress, except for the persons, for whom constant
wearing of headdress is a mandatorym attribute of their national or religious
affiliation, provided that the person depicted in such a headdress in the
photograph in the travel document. The photograph must correspond to the age of
the citizen at the time of registration of the document;
5. receipt for payment of the consular fee. 2. In
accordance with paragraph 1 of article 40 Of the law of the Republic of
Kazakhstan "on migration
population" is a mandatory condition for
businessimmigrants to stay in the territory of the Russian Federation.The
Republic of Kazakhstan isthe implementation of entrepreneurial activity. According
to paragraph 2 of the above article, a business immigrant must, within a two- month
period from the date of entry into the territory of the Republic of
1. register a commercial organization in the
Republic of Kazakhstan or become a member of participants (shareholders) of
commercial organizations operating on theterritory of the Republic of
Kazakhstan in accordance with the civil legislationof the Republic of
2. Deposit to a second-tier Bank of the Republicof
Kazakhstan an amount of money not less than the minimum amount establishedby
the legislation of the Republic of KazakhstanKazakhstan, upon registration of a
legal entity for the formation of its Charter capital. В случае неисполнения If
business immigrants fail to fulfill the obligations established by this
article, the internal Affairs bodies, based on the request of local Executive
bodies, make decisionsto reduce the period of stay of business immigrants for
the period necessary for theirvoluntary departure. It is prohibited to create a
legal entity, aswell as to participate in the authorized capital of commercial
organizations by joining the list ofparticipants of legal entities for
foreigners who have not received a visa to enter as business immigrants.
From the meaning of the above-mentioned norms of the
legislation of the Republic of Kazakhstan, it follows that only a foreigner who
has receivedan M4 visa has the right to create a limited liabilityPartnership,
and he must do so within the time period established by the above-mentioned
3. in accordance with paragraph 6 of the state service
Standard "Registration and issuance of permits to foreigners and stateless
persons for permanent residence in the Republic of Kazakhstan", thisservice
is provided to foreigners and stateless persons:
1. having a "permanent residence"
2. temporarily staying inthe Republic of Kazakhstan
on a different legal basis (on the basis of a visa, or on thebasis of an
agreement on visa-free entry and stay).
Therefore, to obtain a residence permit in the
Republic of Kazakhstan , it is sufficient for a foreigner to stay in the
Republic of Kazakhstan on a legal basis.The legislation of the Republic of
Kazakhstan does not provide for requirements on the terms of residence of a
foreigner in the Republic.
Thus, information about the need to live in the
Republic of Kazakhstan for at least 3 years to obtain a residence permit does
not comply with the current legislation of the Republic of Kazakhstan.
4. the reasons for which a foreigner wishes to
obtaina residence permit may be very different, for example,employment,
subsequent acquisition of citizenship, marriage, etc., inшем Our case -
carrying out business activities. Theforeigner specifies these ID cards when filling
out the application.
5. from the answer to the second question, it
follows that foreigners who have not received a visa to enter as business
immigrantsare prohibited from forminga legal entity (article 40 Of the law of
the Republic of Kazakhstan "on population migration").
Thus, to create an LLP, a foreigner must obtain an
M4 visa, while the physical presence of the founder in the territory of the
Republic of Kazakhstan is required. Republic of Kazakhstan is not required.
A foreigner has the right to issue a power of
attorney to a permanent resident of the Republic of Moldova Kazakhstan to the
person, which will specify the powers of the Trustee for the procedure of
registration of the partnership.
Alternatively, we can offer you the registration of
a limited liability partnership, inwhich the founder will be a foreign legal
entity. In this case, the physical presence of a foreign citizen is not
required.If it was necessary for a foreigner to visit the Republic of
Kazakhstan, hehad to obtain a visa of the "D2" or "D3"
"D2" category visas can be issued to
persons traveling to the Republic of Moldova Kazakhstan for business trips, installation,
repair and maintenance of equipment.
In accordance with paragraph 31 of the Rules, D2
visas are issued on the basis of visa support or instructions from the Ministry
of foreign Affairs of the Republic of Kazakhstan in the presence of documents confirming
the need for a permanentstay of a foreigner in the territory of the Republic of
Kazakhstan for more than 30 days during the year (notarized copies of
contracts, agreements, agreements in Kazakh or Russian).
D3 visas are issued to persons traveling to the
Republic of Kazakhstan for the purposes of conducting negotiations, concluding
contracts, providing consulting or audit services.
According to paragraph 32 of the Rules,
"D3" category visas are issued on the basis of visa support or
instructions from the Ministry of foreign Affairs of the Republic of Kazakhstan
in the presenceof documents confirming the need for multiple entry tothe
Republic of Kazakhstan (notarized copies of contracts,dogmas, agreements in
Kazakh or Russian).
For visas of categories "D1", " D2
" and "D3", in addition to the documents specified in the answer
to the first question, an application for a visa from the sending/sending organization
is additionally submitted.
Residence permit in the Republic of Kazakhstan
A document confirming the rightof a foreigner to
permanent residence in the Russian Federation.The Republic of Kazakhstanhas a
residence permit. Obtaining a residence permit is preceded by obtaining a
permanent residence permit. What is the procedure for obtaining a residence
permit and a residence permit from the migration police? What documents do I
needfor this? And what conditions must the applicant meet for obtaining a residence
In accordance with article 4 of the Law of the
Republic of Kazakhstan "on the legal status of foreigners"permanently
residing in the Republic of KazakhstanKazakhstan recognizes foreigners who have
received a permit and a document for the right of permanent residence.
Obtaining a permanent residence permit in the
Republic of Kazakhstan
A permanent residence permit is issued to the
migration police units at the place of residence of a foreigner in Kazakhstan.
In accordance with paragraph 6 of the state service
Standard "Registration and issuance of permits to foreigners and stateless
persons for permanent residence in the Republic of Kazakhstan" , this
service is provided to foreignersand stateless persons:
* those who have a visa of the "permanent
* temporarily staying inthe Republic of Kazakhstan
on a different legal basis (on the basis of a visa, or on the basis of an
agreement on visa -free entry and stay).
The internal Affairs bodies do not accept documents
from intermediary legal entities and individuals.Thus, a personal application
to the migration police authority is required to obtain a permit.
Documents required for obtaining a permit
In accordance with paragraph 11 of the specified
Standard for obtaining a permit
you must submit:
1) foreigners who have a visa of the "permanent
* a valid passport or document of a stateless person
with a "permanent residence" visa issuedby foreign institutionsOf the
Republic of Kazakhstan and by migration police departments;
* two 35 x 45 mm photographs (the photograph should
correspond to the age of the consumer and be made strictly full-face on a light
background, and thelogo should occupy about 75 % of the total area of the
2) foreigners temporarily staying in the Republic of
Kazakhstan on a different legal basis:
* application-a questionnaire, the form of which is
issued by employees of the migration police units;
* written consent of the stateof citizenship of the
alien, which can serve as a departure form, or other document confirming permission
to leave for permanent residence abroad;
* an autobiography, which is compiled bythe consumer
in any form;
* a valid passport or document of a stateless
* an official certificate of medicalexamination issued
by the health authorities of the Republic of Kazakhstan;
* proof ofpayment security during your stay at the
hotelRepublic of Kazakhstan of the established sample;
* two 35 x 45 mm photos (the photo must correspond to
the age of the consumer and be made strictly full-faceon a light background,
with the face occupying about 75 % of the total area of the photo).
Does not require a document of proof of solvency:
* persons who were born or previously heldthe
citizenship of the Republic of MoldovaKazakhstan or the Kazakh Soviet SocialistRepublic,
and their family members;
As mentioned above, the permit is issued toforeigners
and stateless persons who have a permanentresidence visa or are temporarily staying
in the Republic of Kazakhstan on a different legal basis (on the basisof visas,
or on the basis of an agreement on visa-free entry and stay). Temporary
residence on a legalbasis implies registration of a foreigner within the
established time limits at the place of residence. Therefore, a foreignermust
pass the temporary registration procedure before applying for a permit.
The registration period does not matter. It can be made
in accordance with the current rules.
Since we are talking about a permanent residence
permit in the Republic Kazakhstan, then the current rules among other documents
provide for the provision of a written alien withthe announcement of the state
of citizenship of the foreigner (departure form or similar document) for the
departure for permanent residence abroad. Thereforeгистрации и не выехав
постоянно , it is impossible to obtain a permanent residence permit in
Kazakhstan without withdrawing from the registration and leaving the country
permanently for permanent residenceго государства, нельзя получить .
Is it possible for a foreigner to travel abroad
during the period of obtaining a permit? Of The Republic Of Kazakhstan?
During the examination of a foreigner's application
for a permanent residence permit, he / she has the status of a temporary
residentalien. In accordance with paragraph 6 of the stateservice Standard
"Registration and issuance of permits to foreigners and stateless persons
for permanent residence in the Republic of Kazakhstan", thisservice is
provided to foreigners and stateless persons who have a visa of the
"permanent residence" category or are temporarily staying in the
Republic of Kazakhstan on a different legal basis. According to article 4 of
the Law of the Republic of Kazakhstan "on the legal status of
foreigners", foreigners are considered temporarily staying in the territory
of Kazakhstan. Thus, if a foreigner does not residein the Republic, he does not
have the status of a temporary resident, and therefore there are no grounds for
granting hima permanent residence permit. Consequently, the absence of a
foreigner in Kazakhstan may serve as groundsм for refusal to issue a permanent
The reasons for which a foreigner wishes to obtaina
residence permit can be very different, for example, getting a job, studying,
later acquiring citizenship, joining a marriage, etc. These reasons are
indicated by the foreigner when filling out the application.
If the established formalities are completed and
there are no grounds forrefusal, any foreigner has the right to count on
obtaininga permit. However, many foreigners are interestedin whether certain
circumstances can facilitate obtaining a permit and residencepermit. These
* birth of the foreigner in Kazakhstan;
* previously held the citizenship of Kazakhstan;
* presence of close and distant relatives in
* birth of a child in Kazakhstan.
There are no special benefits for obtaining a
residence permit. Сами по The above circumstances themselves do not precludeobtaining
a permit, but they are grounds for leavingfor permanent residence, so they
should be indicated in applicationswith supporting documents attached.Some of
these circumstances do not allow you to prove your ability to pay, as will be
discussed below.платежеспособность, о чем будет сказано ниже.
Documents submitted in case of a positive decision
onmaking a positive decision on registration and issuance of a permanent
residence permit in the Republic of Kazakhstan to the migration police unit are
* citizens ' registration book for the housing where
the foreigner will be registered;
* a document on payment of the statefee for
registration of a place of residence in the amount of 10 % of the Republic of
* a completed arrival address sheet, the form of
which is issued by the migration police units;
* a completed statistical registration card for the
arrival form, the form of which is issued at the migration police units.
An employee of the migration police unit issues a
ticket for accepting documents.
Terms of issuing a permit
Paragraph 7 of the specified Standard specifies the
term for performing the service from the moment of submitting the necessary
documents and receiving the application acceptance coupon - 60 calendar days.
The result of the request is a stamp on registration
in the register of citizens, as well as in the certificatesof stateless
persons, or a reasoned response on refusal to issue a permit.
The list of grounds for refusal to issue a permanent
residencepermit is established by article 49 Of the law of the Republic of
TajikistanOf Kazakhstan "On migration of population".
A permit may be refused or a previously issued
permit may be revoked:
* knowingly illegal migrants, as well as persons
prosecuted for committing crimes under the laws of the countries from which
* persons released from places of deprivation of
liberty, whose permanent place of residence before conviction was outside the
Republic of Kazakhstan;
* persons who have committed crimes against
* persons, with the exception oforalmans, who were
born or previously held citizenship of the Republicof Kazakhstan or the Kazakh
Soviet Republic . Of the socialist Republic, and their family members who have
not submitted proof of their ability to pay in accordance with the established
* persons who have a disease thatmay cause an
epidemic on the territory of the Republic of Kazakhstan in accordancewith the
conclusion of the health authorities;
* persons who have violated the legislation on the
legal status of foreigners, based on the decisionof the authorized body, the
national security Committee;
* persons who incite inter-state, inter-ethnic and
* persons whose actionsare aimed at forcibly
changing the constitutional order;
* persons who oppose the sovereignty and
independence of the Republic Kazakhstan, calling for the violation of the unity
and integrity of its territory;
* persons who have a criminal record for terrorist
activities, a serious or particularly serious crime.кую деятельность, тяжкое Atthe
same time, the nature of the crime, the presence or absence of a criminal
record are determined by the laws of the Republic of Kazakhstan;
* persons who have provided false information about
themselves when applying for a permanent residence permitin the Republic of
Kazakhstan or who have not submitted the necessary documents within the time limits
established by law without a valid reason;
* persons who were previously expelled from the
Republic of Kazakhstan;
* if it is necessary to protect the rights and
legitimate interests of citizensав и законных интересов граждан Of the Republic
of Kazakhstan and other persons.
The refusal may be appealed in court.
In accordance with article 4 Of the law "on the
legal status of foreigners" , it is a mandatory conditionfor granting a
permanent residence permit in the Russian Federation.In the Republic of
Kazakhstan, it is a confirmation of theapplicant applying for such a permit.
According to paragraph 2 of the Rules, foreigners
and stateless гражданства, претендующими на получение разрpersons applying for
permanent residence permits in the Republic of Kazakhstan confirm their ability
to pay during their stay in the Republic of Kazakhstan. In the Republic of
Kazakhstan, the applicant submits to the internal Affairs bodies a document of
a resident Bank of the Republic ofKazakhstan (certificate), signed by the
Chairman of the management Board of the Bank oran authorized person of the
Bank, on the availability of money in the Bank account (s) in the amount of:
* equal to or exceeding the equivalent of 1,320
times the minimum calculation index (MCI) established on the date of submission
of the application for permanent residence;
* sufficient for the purchase of a home, at the rate
of 15 square meters per family member in the localitywhere the applicant
intends to reside.
The first part of the specified amount is required
to confirm the availability of funds required for a foreigner to live in
The second part of the specified amount is required
to confirm the ability of a foreigner to provide himself with housing. The
amount of this amount is determined in accordance with the average market value
of housing in a given locality on the basis of a document issuedby the relevant
authorized body that registers rights to non-movable property and transactions
with it (the justice body). If there is an agreement with an individual ora
legal entity to provide the applicant with a home (without arental agreement),
the Bank does not need a document confirming the availability of money for the
purchaseof housing. In this case, onlya confirmation in the amount of 1320 MCI
Submitted documents confirming solvency are checked by
the internal Affairs bodies for authenticityand are attached to the materials
for obtaining a permit.
Ifseveral family members apply for a permanent
residence permit, theneveryone must verify that the amount of MCI 1,320is
available. who has reached the age of 16. In the absence of a home, a
confirmationof the availability of the amount sufficient for its purchase is
submitted at the rate of 15 square meters for each family member of any age.
They do not have to prove their ability to pay:
* persons born or previously held citizenship of the
Republic of Moldova Kazakhstan or the Kazakh SovietSocialist Republic, and
their family members;
* citizens of countries with which Kazakhstan has
agreements on a simplified procedure for acquiring citizenship (Belarus, Kyrgyzstan,
Russia, Ukraine), due to the fact that they have the right toapply for
citizenshipOf the Republic of Kazakhstan immediately uponarrival in the country
(Letter No. 20/4-526 of the migration police Department of the Ministry of
internal Affairs ofthe Republic of Kazakhstan dated February 6, 2004).