The foreign labour force shall be engaged by employers to carry out work in the Republic of Kazakhstan on the basis of permits to attract foreign labour issued by the local executive body of the relevant administrative - territorial units.
Local executive authorities in the territory of the relevant administrative-territorial unit shall issue an (or) extend the permits to employers for recruitment of foreign employees to carry out labour activities within a quota distributed by the authorized body for public employment issues and also suspend and withdraw specified permissions (paragraphs 1-2 of Article 33 of the Law of the Republic of Kazakhstan «On Public Employment» on April 6, 2016 № 482-IV).
In order to receive the public service «Issuance and (or) extension of permit for employers to attract foreign labour force» the employer or his authorized representative submits to the local executive body at the place of employment of foreign labour through the web portal of «e-government» www.egov.kz, www.elicense application, according to the approved form with the attachment of the documents specified in the list of documents required for the provision of the public service of the public service standard «Issuance and (or) extension of permit for employers to attract foreign labour force».
The list of basic requirements for the provision of a public service, which includes the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of public service provision, is provided in the public service standard(paragraphs 3-4 of the Rules and conditions for issuing and (or) extension permits to employers to attract foreign labour, as well as making an intra-corporate transfer, approved by order of the Acting Minister of Health and Social Development of the Republic of Kazakhstan dated June 27, 2016 No. 559).
The decision to issue or refuse to issue a permit shall be 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 created by the local executive body. During each meeting of the Commission, a video recording of the consideration of employers' applications is kept. The Commission includes representatives of the internal affairs bodies, the education authority and the local labour inspection authority.
The employer or his representative, at his own 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 website at least three working days before the date of the meeting.
In the case of making a decision to issue a permit, the local executive body, within one working day after the day of its adoption, sends to the «personal account» of the employer a notice in the form of an electronic document signed by the electronic digital signature (hereinafter – EDS) of the head of the local executive body in accordance with the prescribed form.
In the case of issuing permits for the fourth category (skilled workers who meet the qualification requirements established by professional standards, the Unified tariff and qualification directory of works and professions of workers, tariff and qualification characteristics of workers' professions), the employer replaces foreign workers in identical positions with Kazakh citizens from six months up to one year.
The agreement with the employer of the obligations on the issuance and extension of permits is carried out in accordance with the established form of agreement with the employer of the obligations on the issuance and extension of permits.
Issuance of permits to attract seasonal foreign workers is carried out according to the list of the following professions: gardeners and horticulturists, field and vegetable growers, workers in the manufacture of tobacco products, unskilled workers in crop production, unskilled workers in animal husbandry, unskilled workers in the production of mixed crop and livestock products, according to the order of the Minister labour and social protection of the population of the Republic of Kazakhstan dated September 25, 2020 No. 379.
In the case of a decision to refuse to issue a permit, the local executive body within one working day after the day of its adoption shall send to the «personal account» of the employer a notice indicating its grounds, in the form of an electronic document signed by the EDS of the head of the local executive body (paragraphs 8-13 of the Rules and conditions for issuing and (or) extension permits to employers to attract foreign labour, as well as making an intra-corporate transfer, approved by order of the Acting Minister of Health and Social Development of the Republic of Kazakhstan dated June 27, 2016 No. 559).
The local executive body issues permits within the quota distributed by the authorized body on employment issues.
The number of valid, previously issued permits in the territory of the relevant administrative-territorial unit does not exceed the number of quotas distributed by the authorized body on employment issues for attracting foreign labour for the corresponding calendar year.
The issuance and (or) extension of permits by the local executive body is subject to the following conditions:
1) the number of citizens of the Republic of Kazakhstan is not less than 70% of the listed number of employees belonging to the first and second categories;
2) the number of citizens of the Republic of Kazakhstan is not less than 90% of the number of employees belonging to the third and fourth categories.
In the case of calculating the local content in personnel, citizens of states parties to the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan on October 14, 2014, are not taken into account among foreign workers.
The employer submits information to the local executive body in the prescribed form about the local content in the personnel.
The above-mentioned provision does not apply to:
1) small businesses;
2) state institutions and enterprises;
3) a foreign worker who arrived for self-employment in the Republic of Kazakhstan in accordance with the developed rules for issuing or extending certificates to foreigners or stateless persons on their qualifications for self-employment, the list of priority industries (types of economic activity) and professions in demand in them for self-employment of foreigners and stateless people, approved by the Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated June 13, 2016 No. 503.
4) permits issued within the framework of quotas by countries of origin, in the presence of international agreements on cooperation in the field of labour migration and social protection of migrant workers ratified by the Republic of Kazakhstan;
5) representative offices and branches of foreign legal entities with no more than 30 employees (paragraphs 14-17 of the Rules and conditions for issuing and (or) extension permits to employers to attract foreign labour, as well as making an intra-corporate transfer, approved by order of the Acting Minister of Health and Social Development of the Republic of Kazakhstan dated June 27, 2016 No. 559).
For the issuance and (or) extension of a permit, a tax fee is charged from employers (hereinafter - the fee) in accordance with the rates of the fee, for the issuance and (or) extension of a permit to attract foreign labour to the Republic of Kazakhstan, approved by the Decree of the Government of the Republic of Kazakhstan «On establishing the rates of the fee for the issuance and (or) extension of a permit to attract foreign labour to the Republic of Kazakhstan», dated April 3, 2018 No. 157.
The employer, from the date of receipt of the notification of the issuance of the permit, submits to the local executive body within ten working days documents confirming the payment of the fee for the issuance of the permit.
If the employer fails to submit documents confirming the payment of the fee within ten working days from the date of receipt of the notification to the local executive body, the decision of the local executive body to issue a permit, as well as the validity of the permit, are terminated in case of failure to submit copies of documents confirming payment of the fee for the issuance and extension of the permit.
The notice of refusal is sent to the «personal account» of the employer in the form of an electronic document signed by the EDS of the head of the local executive body in accordance with the approved form (paragraphs 19-20 of the Rules and conditions for issuing and (or) extension permits to employers to attract foreign labour, as well as making an intra-corporate transfer, approved by order of the Acting Minister of Health and Social Development of the Republic of Kazakhstan dated June 27, 2016 No. 559).
Reissuance of a previously issued permit for another foreign worker is allowed if the foreign worker, for whom the permit was issued, does not arrive at the place of work or the employment contract with him is terminated, early termination of the validity of the letter or transfer agreement before the expiration of the permit to attract foreign labour with the assignment of a new number if it meets its qualification requirements (according to the developed and approved Unified tariff and qualification directory of works and professions of workers, tariff and qualification characteristics of workers' professions, the qualification directory of positions of managers, specialists and other employees) established for that profession for the period remaining before the expiration of the original permit.
At the same time, the employer sends documents to the local executive body for the foreign worker for whom the permit is being reissued. The originally issued permit is subject to termination in accordance with the reissuance of the permit to another foreign worker.
The decision to reissue a previously issued permit for another foreign worker is made by the local executive body within five working days from the date of receipt of documents, without consideration at a meeting of the Commission.
Notification about the decision of the local executive body to reissue the permit is sent to the «personal account» of the employer in the form of an electronic document signed by the EDS of the head of the local executive body (paragraphs 25-26 of the Rules and conditions for issuing and (or) extension permits to employers to attract foreign labour, as well as making an intra-corporate transfer, approved by order of the Acting Minister of Health and Social Development of the Republic of Kazakhstan dated June 27, 2016 No. 559).
Permission to attract foreign labour force is not issued in the following cases:
1) exceeding the size of the distributed quota;
2) non-compliance by the employer with the conditions according to which the issuance and (or) extension of permits by the local executive body is carried out subject to the following conditions:
1) the number of citizens of the Republic of Kazakhstan is not less than 70% of the listed number of employees belonging to the first and second categories;
2) the number of citizens of the Republic of Kazakhstan is not less than 90% of the number of employees belonging to the third and fourth categories.
In the case of calculating the local content in personnel, citizens of states parties to the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan on October 14, 2014, are not taken into account among foreign workers.
The employer submits information to the local executive body in the prescribed form about the local content in the personnel.
3) non-fulfillment of obligations to replace foreign labour in the fourth category;
4) establishing the fact that the employer has attracted foreign workers without permission, as well as attracting a foreign employee by profession or specialty that does not correspond to the profession or specialty specified in the permit. In these cases, no new permits are issued within twelve months from the date of establishing such a fact;
5) inconsistencies in the level of education (professional training) and experience (seniority) of practical work of foreign labour with the qualification requirements for the professions of workers and positions of managers, specialists and employees, in accordance with professional standards, the Unified tariff and qualification directory of works and professions of workers and the qualification directory of positions of managers, specialists and other employees, standard qualification characteristics positions of managers, specialists and other employees of organizations (paragraph 24 of the Rules and conditions for issuing and (or) extension permits to employers to attract foreign labour, as well as making an intra-corporate transfer, approved by order of the Acting Minister of Health and Social Development of the Republic of Kazakhstan dated June 27, 2016 No. 559).
It is not allowed to enter into an employment contract:
with foreigners and stateless people temporarily staying in the territory of the Republic of Kazakhstan, until the employer receives permission from the local executive body to attract foreign labour, or until a foreign employee receives a certificate of compliance with qualifications for self-employment or a permit for a labour immigrant issued in accordance with the procedure determined by the authorized body on migration issues, or without observing restrictions or exceptions established by the laws of the Republic of Kazakhstan;
with foreign students and trainees temporarily staying on the territory of the Republic of Kazakhstan, who did not submit certificates from the education organization indicating the form of training or the host organization for vocational training and (or) internship and a residence permit for the purpose of training;
with foreigners and stateless people temporarily staying on the territory of the Republic of Kazakhstan, who have not submitted a permission to enter and stay with the aim of family reunification and a document confirming the state of marriage with a citizen of the Republic of Kazakhstan recognized by the legislation of the Republic of Kazakhstan;
for performance of work (rendering of services) in the household by one employer - an individual simultaneously with more than five labour immigrants. (subparagraphs 4-7 of paragraph 1 of Article 26 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V).
The foreign workers arriving for self-employment or involved by employers including within the framework of the intra-corporate transfer, are required to: be adult, have education, qualification and experience required for performance of coming work, provide confirmation of existence or absence of record of conviction, provide medical certificate confirming absence of diseases obstructing labor activity in the chosen specialty, have medical insurance covering primary health care, inpatient care.
Entry visas for foreign workers are issued by the Ministry of Foreign Affairs of the Republic of Kazakhstan and foreign establishments of the Republic of Kazakhstan in coordination with the national security agencies on the basis and for the duration of the permit issued to the foreign worker for employment or the employer to attract foreign workers, including within the framework of the intra-corporate transfer.
Permit for temporary residence to foreign employees arrived from the states concluded the agreements on free-visa procedure for entry and stay with the Republic of Kazakhstan shall be issued by internal affairs bodies in accordance with international treaties ratified by the Republic of Kazakhstan.
Entry visas and temporary residence permits for foreign workers are extended by the internal affairs bodies, in coordination with the national security authorities, for one year if a foreign employee has a work permit or an employer has a permit to attract foreign labour, including as part of an internal corporate transfer, for the coming year.
Entry visas to foreign employees of public authorities are given by the Ministry of Foreign Affairs of the Republic of Kazakhstan and foreign institutions of the Republic of Kazakhstan on the basis and for period of validity of the employment contract with the appropriate public authority (Articles 35, 36 of the Law of the Republic of Kazakhstan «On Migration of population » dated July 22, 2011 No. 477-IV).
In order to obtain an entry visas, business-immigrants are required to: be adult, provide medical certificate confirming absence of diseases obstructing labor activity, have medical insurance covering primary health care, inpatient care, provide confirmation of existence or absence of record of conviction and prohibition for carrying out of entrepreneurial activity on the ground of court decision;
Entry visas into Republic of Kazakhstan shall be issued to business-immigrants by the Ministry of Foreign Affairs of the Republic of Kazakhstan and foreign establishments for the term up to two years.
Entry visas and permits for temporary residence to business-immigrants from among ethnic Kazakhs, as well as those arrived from the states that concluded the agreements on free-visa procedure for entry and stay with the Republic of Kazakhstan shall be issued for the term up to three years (Article 39 of the Law of the Republic of Kazakhstan «On Migration of population» dated July 22, 2011 No. 477-IV).
Compulsory condition for stay of business-immigrants in the territory of the Republic of Kazakhstan is carrying out of entrepreneurial activity.
A business immigrant within two months from the date of entry into the territory of the Republic of Kazakhstan shall:
If business immigrants fail to fulfill the obligations established by this article, the bodies of internal affairs, on the basis of an application from local executive bodies, decide to reduce the period of stay of business immigrants for the period necessary for their voluntary departure.
It is prohibited to create a legal entity, as well as to participate in the charter capital of commercial organizations by joining the participants of legal entities to foreigners who have not received an entry visa as business immigrants.
Import of equipment for organization of entrepreneurial activity to the territory of the Republic of Kazakhstan by business-immigrant shall be carried out on conditions and in the manner determined by customs legislation of the Republic of Kazakhstan.
Business immigrants may move freely through the territory of the Republic of Kazakhstan opened for visiting by foreigners and choose the place of residence in accordance with the manner established by the legislation of the Republic of Kazakhstan (Article 40 of the Law of the Republic of Kazakhstan «On Migration of population» dated July 22, 2011 No. 477-IV).
Entry visas to seasonal foreign employees shall be issued by foreign establishments of the Republic of Kazakhstan on the basis of permits for attraction of foreign working power.
Permits for temporary residence of seasonal foreign employees arrived from the states concluded agreements on free-visa procedure for entry and stay with the Republic of Kazakhstan shall be issued by internal affairs bodies.
Seasonal foreign employees must be adult, provide medical certificate confirming absence of diseases obstructing labour activity, have medical insurance covering primary health care, inpatient care.
Seasonal foreign employees shall be engaged in work in separate branches of economy in accordance with international treaties ratified by the Republic of Kazakhstan or on the basis of permits issued to employers by local executive bodies for engagement of foreign working power within the quota on conditions and in the manner determined by the Government of the Republic of Kazakhstan.
The employers involving seasonal foreign workers are obliged to provide them the temporary accommodation meeting sanitary and epidemiologic, technical and other mandatory requirements according to the legislation of the Republic of Kazakhstan on the housing relations (Articles 41, 42 of the Law of the Republic of Kazakhstan «On Migration of population » dated July 22, 2011 No. 477-IV).
Labour immigrants shall conform, to the following requirements: be the citizens of countries with which the Republic of Kazakhstan concluded agreements on free-visa procedure for entry and stay providing possibility of stay in the Republic of Kazakhstan without visas for the term of no less than three months, be adult, provide confirmation of existence or absence of record of conviction, provide medical certificate confirming absence of diseases obstructing labor activity in the chosen specialty, have medical insurance covering primary health care, inpatient care.
Permit for temporary residence to labour immigrants shall be issued and extended by internal affairs bodies in the manner established by the Government of the Republic of Kazakhstan for the term of validity to labour immigrant.
Maximal term of continuous temporary residence of labour immigrant in the Republic of Kazakhstan may not exceed twelve months (Article 43-1 of the Law of the Republic of Kazakhstan «On Migration of population» dated July 22, 2011 No. 477-IV).
Permit to labour immigrant shall be issued for the term mentioned in application on issuance of permit and may constitute one, two or three months.
Maximal term of permit to labour immigrant may not exceed twelve months.
New permit to labour immigrant shall be issued no earlier than thirty calendar days after completion of the term of previous permit.
Permit to labour immigrant shall be issued upon representing the documents confirming legality of its locating in the territory of the Republic of Kazakhstan, as well as payment of preliminary payment on individual income tax for the period mentioned in application on receipt of permit.
At the request of a labour immigrant, the permit for a labour immigrant is repeatedly extended for the period specified in the application, and may be one, two or three months.
The permit for a labour immigrant is extended upon submission of documents confirming the performance of work (provision of services) by employers – individuals in the household in the previous period, as well as the payment of an advance payment on individual income tax for the period for which the permit for a labour immigrant is extended.
The procedure for issuing, extending and revoking a work permit for an immigrant is determined by the authorized body on migration issues.
In the case of issuing a permit to a labour immigrant, a temporary residence permit is issued, and dacto- and photo-records of a labour immigrant is carried out.
The procedure for the formation and maintenance of dacto- and photo-records of labour immigrant is determined by the Ministry of Internal Affairs of the Republic of Kazakhstan.
Permission to a labour immigrant is the basis for an immigrant to conclude an employment contract for the performance of work (provision of services) from employers – individuals in the household.
It is not allowed to conclude employment contracts for the performance of work (provision of services) in the household by one employer – an individual at the same time with more than five labour immigrants.
A permit for a labour immigrant grants the right to a labour immigrant to perform work (provide services) in the household of an employer – an individual on the territory of the administrative-territorial unit in which it was issued (Article 43-2 of the Law of the Republic of Kazakhstan «On Migration of population » dated July 22, 2011 No. 477-IV).
Involvement of labour immigrants by an employer - individual to perform work ( render the services) in the household without an appropriate permit issued by the bodies of internal affairs, or conclusion of labour contracts for work (render the services) in the household by one employer - individual with more than five labour immigrants at the same time - entails a fine in the amount of thirty monthly calculation indices (Part 5 of Article 519 of the Code of the Republic of Kazakhstan « On Administrative Infractions » of July 5, 2014 № 235-V).
Involvement by the employer of a foreign employee to 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 labour 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 seven hundred monthly calculation indices (Part 2 of Article 519 of the Code of the Republic of Kazakhstan «On Administrative Infractions» of July 5, 2014 № 235-V).
Involvement of foreign labour by the employer without the permission of the local executive body or the use of the labour of foreigners and (or) stateless people who do not have certificates of compliance with qualifications for self–employment issued by the local executive body or permits to a labour immigrant issued by the internal affairs bodies – entails a fine on individuals in the amount of thirty, on officials – in the amount of fifty, on small businesses or non–profit organizations – in the amount of one hundred, on medium-sized businesses - in the amount of two hundred, on large businesses – in the amount of seven hundred monthly calculation indices (Part 1 of Article 519 of the Code of the Republic of Kazakhstan « On Administrative Infractions » of July 5, 2014 № 235-V).