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Changes in the legislation of Kazakhstan for foreigners: what is necessary to work in the republic?

Legal Digest
In 2024, new rules began to apply in Kazakhstan for foreigners who are interested both in working for a Kazakhstani company and in starting their own business in the country. Acsour experts have figured out what foreign citizens need to know for employment and work in the republic.

Individual identification number: What has changed?

When employing a foreign citizen in the Republic of Kazakhstan, obtaining an Individual Identification Number becomes a key requirement.

We remind you that an individual identification number is a unique combination of 12 digits, which is created for an individual during initial registration in the information and production system for the production of documents. An individual identification number is issued once and is universal for all government and financial transactions.

This number is assigned by the Ministry of Internal Affairs of the Republic of Kazakhstan and is mandatory for:

  • inclusion of employee information in the National Register of Business Identification Numbers;
  • obtaining a corporate and personal electronic digital signature;
  • using government electronic services, opening personal and corporate bank accounts.

Since February 24, 2024, the procedure for obtaining an Individual Identification Number has been changed: now it can only be obtained by personally contacting the Public Service Center in Kazakhstan. The applicant must:

  • have a local SIM card, as the notification of the assignment of an Individual Identification Number arrives at the specified mobile number;
  • pay the state fee.

For the convenience of foreign citizens, from April 13, 2024, a pilot program was launched to issue an Individual identification number at the consulates of Kazakhstan abroad, which is due to the need for an Individual identification number to undergo fingerprinting and obtain a visa.

Doing business in Kazakhstan: new laws for foreigners

On May 16, 2024, the Migration Law came into force, which significantly changes the process of doing business by foreigners in Kazakhstan. According to the law, in order to participate in the authorized capital of commercial organizations, foreigners must:

  • have a C5 visa

or

  • a temporary residence permit with the status of a business immigrant.

Please note that the requirement also applies to citizens of countries with which a visa-free regime is established.

Exceptions apply only to founders - legal entities, branches, representative offices of foreign companies and Recognized Company in the Astana International Financial Center.

Temporary residence permit and registration of a legal entity: what has changed?

A temporary residence permit, which is one of the main documents for a foreigner in Kazakhstan. To obtain a Temporary residence Permit, the applicant must provide:

  • application form
  • a copy of the identity card
  • Medical insurance
  • other documents, depending on the purpose of obtaining a temporary residence Permit (employment or entrepreneurship).

The deadline for consideration of the application is one working day.

The rules for obtaining a temporary residence Permit were changed on July 19, 2024, and now the requirement to obtain a document from the local executive body of Kazakhstan, previously necessary for issuing a temporary residence Permit, is excluded.

Despite the possibility of submitting documents through a representative by proxy, in order to successfully obtain a temporary residence Permit and register a legal entity, a foreign citizen must physically be in Kazakhstan, since the registration authority verifies the fact of crossing the state border.

Starting from January 7, 2025, registration of legal entities with foreign participation will require the provision of a copy of the founder's passport with a notarized translation and a document confirming the right to register in Kazakhstan in accordance with the Migration Law.

Acsour experts note that the changes introduced are aimed at simplifying control over the activities of foreign business immigrants and preventing the creation of fictitious companies. For successful business in Kazakhstan, contact Acsour.