On approval of the Rules for Issuing, Extending and Revoking a Work permit for an immigrant
Order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated April 15, 2022 No. 123. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 15, 2022 No. 27595.
In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services" and paragraph 3 of Article 43-2 of the Law of the Republic of Kazakhstan "On Population Migration", I ORDER:
1. Approve the Rules for Issuing, Extending and Revoking Permits to a Labor immigrant in accordance with Annex 1 to this order.
2. The Committee of Labor, Social Protection and Migration of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan to ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan after its official publication;
3) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Department of the Legal Service of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan of information on the implementation of measures provided for in subparagraphs 1) and 2) of this paragraph.
3. To assign control over the execution of this order to the First Vice-Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan A.A. Sarbasov.
4. To recognize as invalid some orders of the Minister of Internal Affairs of the Republic of Kazakhstan in accordance with Annex 2 to this order.
5. This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.
Minister of Labor
and social protection of the population
Of the Republic of Kazakhstan T. Duissenova
AGREED
Ministry of Internal Affairs
Republic of Kazakhstan
Appendix 1 to the order
Minister of Labor and
Social Protection of the Population
Of the Republic of Kazakhstan
dated April 15, 2022 No. 123
Rules for issuing, extending and revoking a work permit for an immigrant
Chapter 1. General provisions
1. These Rules for Issuing, Extending and Revoking a Permit to a Labor immigrant (hereinafter referred to as the Rules) are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services", paragraph 3 of Article 43-2 of the Law of the Republic of Kazakhstan "On Population Migration" and determine the procedure for issuing, extending and revoking a permit to a labor immigrant.
Chapter 2. The procedure for the provision of public services
2. The state service "Issuance, extension and revocation of a permit to a labor immigrant" (hereinafter referred to as the state service) is provided by an executive body funded from the local budget – a state institution authorized by the akimat of the regions, the cities of Nur-Sultan, Almaty and Shymkent to perform functions to promote employment of the population (hereinafter referred to as the local executive body).
3. In order to receive a public service, a natural person - a labor immigrant (hereinafter referred to as the service recipient) submits, upon personal appeal to the non–profit joint Stock Company "State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation), a package of documents in accordance with the list provided for by the Standard of Public Services in accordance with Appendix 1 to these Rules.
An employee of the State Corporation draws up an electronic application in the Integrated Information System "Public Service Centers" (hereinafter - AIS PSC), with the attachment of electronic copies of documents and sends it to the Automated Information System "Foreign Labor Force" (hereinafter – AIS IRS) to make an appropriate decision.
Local executive bodies, when making a decision on issuing a permit to a labor immigrant, coordinate with the territorial bodies of the Ministry of Internal Affairs of the Republic of Kazakhstan of the regions, the cities of Nur-Sultan, Almaty and Shymkent (hereinafter referred to as territorial bodies).
4. When accepting documents through the State Corporation, the service recipient is issued a receipt for the receipt of the relevant documents. The day of acceptance of applications for the issuance (extension) of a work permit to an immigrant in the form according to Annex 2 to the Rules and Documents is not included in the period of provision of public services. If the service recipient provides an incomplete package of documents according to the list provided by the Standard, as well as expired documents, the employee of the State Corporation refuses to accept the application and issues a receipt for refusal to accept documents for the issuance of a work permit for foreigners from individuals in accordance with Annex 3 to these Rules.
5. The local executive body shall check for compliance with the requirements of the public service, including:
1) compares the content of the application with the data of the identity document and the information received from the State Corporation;
2) verifies that the amount of the advance payment for individual income tax paid corresponds to the validity period of the permit for a labor immigrant specified in the application;
3) attach the documents specified in the Standard of Public Services to the accumulative materials produced for a labor immigrant.
Documents received from the PSC AIS to the IRS AIS are automatically sent for consideration to the Migration Police information system (hereinafter referred to as the MP IS). The territorial authorities consider the received documents within 1 (one) working day.
6. In case of receiving a negative response from the IP MP or not receiving a response within the time specified in paragraph 5 of these Rules, local executive bodies shall refuse to provide services in accordance with Annex 4 of these Rules.
7. The local executive body issues permits within the quota allocated by the authorized body on employment issues.
8. A permit for a labor immigrant to work for an individual, as well as an extension of the permit, is issued in accordance with Annex 5 to the Rules for the period specified in the application for the issuance (extension) of a permit for a labor immigrant, and may be one, two or three months. A new permit for a labor immigrant is issued no earlier than thirty calendar days after the expiration of the previous permit. When applying for a work immigrant, a permit or extension, as well as a refusal, is issued within 2 (two) working days, not counting the day of receipt of the application.
9. The positive result of consideration of the application - in the form of a permit (extension) for the employment of foreigners from individuals received by the AIS PSC via AIS IRS in electronic format, containing a unique "QR" code (Appendix 5), is printed out by an employee of the State Corporation in two copies and issued to the service recipient, the second copy is attached to the materials.
10. The permit for a labor immigrant is extended upon his application for the period specified in the application, and may be one, two or three months.
The applicant has the right to apply for an "extension" no later than 3 working days before the end of the permit period. If the application is submitted on the day of the end of the permit or after the end of the permit period, the "extension" type of service is not available for the applicant. The applicant can apply for a new permit of the "issue" type. At the same time, an AIS PSC specialist, when accepting documents, must provide for the correctness of submitting an application for issuance or extension.
11. In case of unintentional damage or loss of the permit, the local executive body, on the basis of an application, issues a duplicate of the permit after an appropriate check by the AIS IRS.
12. Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan:
1) exceeding the size of the distributed quota;
2) inconsistency of the provided materials required for the provision of public services;
3) establishing the unreliability of the documents submitted by the service recipient for receiving the state service, and (or) the data (information) contained therein;
4) non-compliance of the foreigner's citizenship with the list of countries specified in the standard of public services;
5) negative decision of territorial authorities;
6) late provision of a response by territorial authorities.
Chapter 3. Procedure for appealing decisions, actions (inaction) of central state bodies, as well as service providers and (or) their officials on the provision of public services
13. Consideration of a complaint concerning the provision of public services in an administrative (pre-trial) manner is carried out by a higher administrative body (official) considering the complaint.
The administrative body (official) whose decision, action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, send it and the administrative case to the body considering the complaint.
At the same time, the administrative body (official) whose decision, action (inaction) is being appealed, has the right not to send a complaint to the body considering the complaint if it takes a decision or other administrative action within three working days that fully meets the requirements specified in the complaint.
The complaint is considered within the time limits established by the Administrative Procedural Code of the Republic of Kazakhstan.
14. The complaint of the service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan "On Public Services" is subject to consideration within 5 (five) working days from the date of its registration.