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Issuance or renewal of permit to attract foreign labor (for employers)

Как получить услугу
Online
Individuals

You can obtain a service via the Portal:

1. Click “Order Online” button, then a new window will open of e-Licensing Portal;

2. Sign in or log in on e-Licensing Portal;

3. Click “Order Service Online” button on e-Licensing Portal page;

4. Fill in the fields of request;

5. Sign a request with digital signature;

6. You can track status of request in “My applications” section of Personal Account, status on obtainment of license in “My licensing documents” section and status on obtainment of notification in “My notifications” section.

Online
Legal entities

You can obtain a service via the Portal:

1. Click “Order Online” button, then a new window will open of e-Licensing Portal;

2. Sign in or log in on e-Licensing Portal;

3. Click “Order Service Online” button on e-Licensing Portal page;

4. Fill in the fields of request;

5. Sign a request with digital signature;

6. You can track status of request in “My applications” section of Personal Account, status on obtainment of license in “My licensing documents” section and status on obtainment of notification in “My notifications” section.

Результат оказания услуги
Часто задаваемые вопросы
Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan

To obtain a permit to attract foreign labor:
1) establishing the unreliability of documents submitted by the employer for receiving public services, and (or) the data (information) contained therein;
2) exceeding the size of the distributed quota;
3) non-fulfillment of obligations to replace foreign labor in the fourth category;
4) non-compliance by the employer with the conditions established by paragraph 19 of these Rules;
5) 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 establishment of such a fact;
6) non-compliance of the level of education (professional training) and experience (seniority) of practical work of foreign labor 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 jobs and professions of workers and the Qualification Directory of managers, specialists and other employees, standard qualification characteristics of the positions of managers, specialists and other employees of organizations.
To obtain permission to attract foreign labor within the framework of an intra-corporate transfer:
1) establishing the unreliability of documents submitted by the employer for receiving public services, and (or) the data (information) contained therein;
2) non-compliance by the employer with the conditions established by paragraph 60 of these Rules;
3) 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 establishment of such a fact;
4) failure to comply with the special conditions of permits issued for the previous and current calendar years, the deadline for which has come (if any);
5) non-compliance of the level of education (professional training) and experience (seniority) of practical work of foreign labor with the requirements provided for in paragraphs 45 and 46 of these Rules;
6) failure to comply with the measures (conditions) provided for by the program to increase local content in personnel (if any).

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.

! It is barred to reject the receipt of an appeal.

  1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
  2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
  3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

  1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

  1. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

  1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
  2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
  3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

 

 

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

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Полное название
Issuance or renewal of permit to attract foreign labor (for employers)
Получатели услуги
Individuals
Legal entities
Стоимость услуги

Issuance and extension of permits is performed on a paid basis according to the charge rates.

Re-issuance of previously issued permits, as well as issuance, extension or re-issuance of permits under an intra-company transfer is provided to an employer on a free-of-charge basis.

Payment of a tax levy is made in cash and non-cash forms through second-tier banks and organizations that carry out certain types of banking operations within 10 working days from the date of notification receipt.

Issuance or extension of permits under an intra-company transfer is carried out on a free-of-charge basis.

Срок оказания услуги

The permit is issued within 19 working days, of which:
- Notification on decision to issue/extend a permit to attract foreign labor: 8 working days
- Deadline for making payment of permit issuance fee: 10 working days from the date of decision to issue/extend a permit to attract foreign labor
- Re-issuance of the permit: 6 working days

- Extension of the permit: 3 working days

- Approval of issuance or extension of the permit valid within more than one administrative-territorial unit: 3 working days

- Notification on decision to issue the permit or refusal to issue it: 4 working days
- Deadline for making payment of permit issuance fee: 10 working days from the date of decision to issue/extend a permit to attract foreign labor

Under intra-corporate transfer:
- issuance of a permit: 8 working days
- renewal of a permit: 6 working days
- extension of a permit: 6 working days

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Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan
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