Issuance of permit to foreign IT specialists for permanent residence in the Republic of Kazakhstan

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Individuals

Government for citizens

Individuals

Documents required for submission to "Government for Citizens" Public Corporation":

1. Application for the issuance of a permanent residence permit in the Republic of Kazakhstan.

2. Certificate on passing the eligibility assessment for immigrants and admission to further receipt of the public service.

3. A copy and original (for verification) of the national passport/a document of a stateless person, the validity period of which is more than 180 calendar days on the day of an application submission.

4. A document confirming financial solvency (availability of funds in a bank account in an amount of not less than 1 320 monthly calculation indices for the period of consideration of the application), in accordance with the Rules for confirming financial solvency by foreigners and stateless persons applying for permanent residence permits in the Republic of Kazakhstan during their stay in the Republic of Kazakhstan, approved by Order No. 531 of the Minister of Internal Affairs of the Republic of Kazakhstan as of June 30, 2023 (registered in the State Register of Regulatory Legal Acts under No. 33001), or a document confirming the existence of grounds for exemption from financial solvency confirmation in accordance with subparagraph 4) of Article 49 of the Law of the Republic of Kazakhstan "On Population Migration".

5. A criminal record certificate (no criminal record certificate) in the state of nationality and/or permanent residence (in case of change of personal identification data (full name, date of birth), a certificate confirming the absence of a criminal record shall be submitted for both the current and previous surname), issued by the competent authority of the respective state and certified by the seal and signature of an authorized official (except for persons granted refugee status in the Republic of Kazakhstan, unless otherwise provided for by international treaties).

6. Notarized consent of a child aged 14 to 18 years for permanent residence in the Republic of Kazakhstan.

7. A notarized agreement with an individual or legal entity (for service recipients confirming their financial solvency during their stay in the Republic of Kazakhstan), or a notarized statement by an individual or legal entity (for service recipients exempt from financial solvency confirmation) confirming provision of housing to the applicant for residence and registration at the place of permanent residence. The validity period of the above document is 180 calendar days from the date of issuance. In the case of ownership of residential property, a certificate confirming the availability of real estate.

8. A medical examination certificate of a foreigner confirming the absence of diseases that prohibit the entry of foreigners and stateless persons into the Republic of Kazakhstan, in accordance with Order No. 664 of the Minister of Health of the Republic of Kazakhstan as of September 30, 2011, “On approval of the list of diseases the presence of which prohibits entry of foreigners and stateless persons into the Republic of Kazakhstan” (medical certificate in 028/u form) (registered in the State Register of Regulatory Legal Acts under No. 7274), valid for the period specified in the certificate itself (3 months).

9. One photo (35x45 mm).

10. Receipt on payment of national duty.

11. A petition from the relevant sectoral state authority indicating the occupational group under the National Classifier of Occupations of the Republic of Kazakhstan (hereinafter – NCO), and confirming compliance with the NCO requirements (profession, skill level and specialization, diploma, work experience in the relevant specialization, qualification level), submitted by persons meeting the requirements of the list of in-demand professions for which a simplified procedure for issuance of a permanent residence permit in the Republic of Kazakhstan is established, approved by Order No. 49 of the Minister of Labour and Social Protection of Population of the Republic of Kazakhstan as of February 20, 2023, “On approval of the list of in-demand professions for obtaining a permanent residence permit in the Republic of Kazakhstan by foreigners and the rules for its formation” (registered in the State Register of Regulatory Legal Acts under No. 31938).

12. A certificate of fingerprinting for a foreigner or stateless person, issued in accordance with the Rules for Fingerprint and Genomic Registration approved by Order No. 730 of the Minister of Internal Affairs of the Republic of Kazakhstan as of September 30, 2024 'On certain issues of fingerprint and genomic registration in the Republic of Kazakhstan' (registered in the Register of State Registration of Regulatory Legal Acts under No. 35161).

13. Written consent of the state of his/her nationality, or a departure slip, or another document confirming permission to leave for permanent residence abroad (except for persons granted refugee status in the Republic of Kazakhstan, unless otherwise provided for by international treaties).

14. Consent to personal data processing and cross-border transfer of personal data to the territory of foreign states.

Service provider

Individuals

Documents required for submission to service provider:

1. Application for the issuance of a permanent residence permit in the Republic of Kazakhstan.

2. Certificate on passing the eligibility assessment for immigrants and admission to further receipt of the public service.

3. A copy and original (for verification) of the national passport/a document of a stateless person, the validity period of which is more than 180 calendar days on the day of an application submission.

4. A document confirming financial solvency (availability of funds in a bank account in an amount of not less than 1 320 monthly calculation indices for the period of consideration of the application), in accordance with the Rules for confirming financial solvency by foreigners and stateless persons applying for permanent residence permits in the Republic of Kazakhstan during their stay in the Republic of Kazakhstan, approved by Order No. 531 of the Minister of Internal Affairs of the Republic of Kazakhstan as of June 30, 2023 (registered in the State Register of Regulatory Legal Acts under No. 33001), or a document confirming the existence of grounds for exemption from financial solvency confirmation in accordance with subparagraph 4) of Article 49 of the Law of the Republic of Kazakhstan "On Population Migration".

5. A criminal record certificate (no criminal record certificate) in the state of nationality and/or permanent residence (in case of change of personal identification data (full name, date of birth), a certificate confirming the absence of a criminal record shall be submitted for both the current and previous surname), issued by the competent authority of the respective state and certified by the seal and signature of an authorized official (except for persons granted refugee status in the Republic of Kazakhstan, unless otherwise provided for by international treaties).

6. Notarized consent of a child aged 14 to 18 years for permanent residence in the Republic of Kazakhstan.

7. A notarized agreement with an individual or legal entity (for service recipients confirming their financial solvency during their stay in the Republic of Kazakhstan), or a notarized statement by an individual or legal entity (for service recipients exempt from financial solvency confirmation) confirming provision of housing to the applicant for residence and registration at the place of permanent residence. The validity period of the above document is 180 calendar days from the date of issuance. In the case of ownership of residential property, a certificate confirming the availability of real estate.

8. A medical examination certificate of a foreigner confirming the absence of diseases that prohibit the entry of foreigners and stateless persons into the Republic of Kazakhstan, in accordance with Order No. 664 of the Minister of Health of the Republic of Kazakhstan as of September 30, 2011, “On approval of the list of diseases the presence of which prohibits entry of foreigners and stateless persons into the Republic of Kazakhstan” (medical certificate in 028/u form) (registered in the State Register of Regulatory Legal Acts under No. 7274), valid for the period specified in the certificate itself (3 months).

9. One photo (35x45 mm).

10. Receipt on payment of national duty.

11. A petition from the relevant sectoral state authority indicating the occupational group under the National Classifier of Occupations of the Republic of Kazakhstan (hereinafter – NCO), and confirming compliance with the NCO requirements (profession, skill level and specialization, diploma, work experience in the relevant specialization, qualification level), submitted by persons meeting the requirements of the list of in-demand professions for which a simplified procedure for issuance of a permanent residence permit in the Republic of Kazakhstan is established, approved by Order No. 49 of the Minister of Labour and Social Protection of Population of the Republic of Kazakhstan as of February 20, 2023, “On approval of the list of in-demand professions for obtaining a permanent residence permit in the Republic of Kazakhstan by foreigners and the rules for its formation” (registered in the State Register of Regulatory Legal Acts under No. 31938).

12. A certificate of fingerprinting for a foreigner or stateless person, issued in accordance with the Rules for Fingerprint and Genomic Registration approved by Order No. 730 of the Minister of Internal Affairs of the Republic of Kazakhstan as of September 30, 2024 'On certain issues of fingerprint and genomic registration in the Republic of Kazakhstan' (registered in the Register of State Registration of Regulatory Legal Acts under No. 35161).

13. Written consent of the state of his/her nationality, or a departure slip, or another document confirming permission to leave for permanent residence abroad (except for persons granted refugee status in the Republic of Kazakhstan, unless otherwise provided for by international treaties).

14. Consent to personal data processing and cross-border transfer of personal data to the territory of foreign states.

Grounds for refusal to provide the public service established by the laws of the Republic of Kazakhstan

Denied state service:
1. Under Article 19-1 of the Law of the Republic of Kazakhstan "On State Services", in cases of:
1) established inaccuracy of documents submitted by the service recipient to receive the state service, and (or) data (information) contained therein;
2) non-compliance of the service recipient's materials, objects, information and data necessary for the provision of the state service with the requirements established by these Rules.
3) a negative response from an authorized state body to an approval request required for the provision of the state service, as well as a negative conclusion from an expert examination, research or inspection.
2. Under Article 49 of the Law of the Republic of Kazakhstan "On Migration", a permit for permanent residence in the Republic of Kazakhstan is denied or a previously issued permit is annulled to the following service recipients:
1) who have arrived illegally, as well as those prosecuted for committing crimes under the laws of the countries from which they come;
2) released from places of imprisonment, whose permanent place of residence prior to conviction was outside the Republic of Kazakhstan;
3) who have committed crimes against humanity;
4) who have committed a crime against sexual inviolability of a minor;
5) who have not provided proof of their solvency in the manner and amounts determined by the Ministry of Internal Affairs of the Republic of Kazakhstan, with the exception of ethnic Kazakhs, expatriates who were born or previously held citizenship of the Kazakh Soviet Socialist Republic or the Republic of Kazakhstan, as well as persons entitled to acquire citizenship of the Republic of Kazakhstan in a simplified manner on the basis of international treaties of the Republic of Kazakhstan, and members of their families, foreigners with in-demand professions, the list of which is approved by the authorized population migration body;
6)who repeatedly breached the legislation on the legal status of foreigners in the Republic of Kazakhstan;
7) who incited interethnic, interfaith and religious hatred;
8) whose actions are aimed at the violent change of the constitutional order;
9) who were speaking out against the sovereignty and independence of the Republic of Kazakhstan, calling for violation of the unity and integrity of its territory;
10) with unremoved or unexpunged conviction for a crime;
11) if the national security bodies of the Republic of Kazakhstan have information about their involvement in extremist or terrorist activities or involvement in an organization recognized in the Republic of Kazakhstan as extremist or terrorist;
12) who submitted false documents or knowingly provided false information about themselves when applying for a permanent residence permit in the Republic of Kazakhstan or who, without good reason, failed to submit the required documents within the time frames established by the legislation of the Republic of Kazakhstan;
13) who failed to undergo fingerprinting in accordance with the legislation of the Republic of Kazakhstan;
14) who were expelled from the Republic of Kazakhstan within five years by the time a permanent residence permit was issued in the Republic of Kazakhstan;
15) if this is necessary to protect the rights and legitimate interests of citizens of the Republic of Kazakhstan and other persons;
16) who received a permanent residence permit and resided in the territory of the Republic of Kazakhstan for less than one hundred and eighty-three calendar days within any consecutive twelve-month period from the date of issue of the permanent residence permit, except for the cases provided for in Article 38 of the Law of the Republic of Kazakhstan "On Citizenship of the Republic of Kazakhstan";
17) who have received a permanent residence permit based on the list of in- demand professions approved by the authorized population migration body and who have not worked in the profession provided for by the said list for one hundred and eighty-three calendar days within any consecutive twelve-month period from the date of issue of the permanent residence permit;
18) who have entered into a marriage with citizens of the Republic of Kazakhstan for the purpose of obtaining a residence permit, if this marriage is recognized as invalid by an effective court ruling;
19) who have been brought to administrative liability for administrative offenses in the population migration, tax and labor legislation of the Republic of Kazakhstan within a year;
20) creating a threat to the national security interests;
21) who have diseases that are a contraindication for entry into the Republic of Kazakhstan;
22) with previously lost citizenship of the Republic of Kazakhstan on the grounds provided for in subparagraph 8) of part one of Article 21 of the Law of the Republic of Kazakhstan “On Citizenship of the Republic of Kazakhstan”;
23) previously deprived of citizenship of the Republic of Kazakhstan on the grounds provided for in Article 20-1 of the Law of the Republic of Kazakhstan “On Citizenship of the Republic of Kazakhstan”.
In respect of ethnic Kazakhs and members of their families, stateless persons recognized as such due to the absence of identity documents or on the basis of a USSR passport of the 1974 model, women subject to the Law of the Republic of Kazakhstan “On Accession of the Republic of Kazakhstan to the Convention on the Nationality of Married Women”, the action of subparagraphs 16) and 19) shall not apply.
The Provision of subparagraph 21) shall not apply to incapacitated persons.

Grounds for institution of an administrative procedure

• appeal;
• initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

• Full name, IIN, postal address of a natural person, BIN of a legal entity;
• name of administrative body, official to whom the appeal is submitted;
• the essence of an appeal;
• date of filing an appeal;
• signature of the applicant or his representative;
• other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

 

 

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"