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 time."

Questions:

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?

The answer:

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 вышеуказанным Rules.

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 visa.

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 Kazakhstan;

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 Kazakhstan,:

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 Kazakhstan;

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 legislation.

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" visa";

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" category.

"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 permit?

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 residence" category";

* 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 residence" category":

* 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 photo).

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 person;

* 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;

* oralmans.

 

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 residence permit.

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 circumstances include::

* birth of the foreigner in Kazakhstan;

* previously held the citizenship of Kazakhstan;

* presence of close and distant relatives in Kazakhstan;

* 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 presented:

* 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 Kazakhstan);

* 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 they come;

* 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 humanity;

* 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 procedure;

* 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 religious hostility;

* 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 Kazakhstan.

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 is required.

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:

* oralmans;

* 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).