C5 category visa (business immigrant) for citizen of Ukraine
In order to start business or buy shares of existing company in Kazakhstan foreign resident is required to have C5 business immigrant type of visa. According to article 40 par. 2 subpar. 2 of Population Migration Law of The Republic of Kazakhstan foreign residents that do not have business immigrant visa cannot establish or participate in legal entity in Kazakhstan.
Visa C5 can be either single entry or multiple entry. In order to register company or buy shares single entry visa will be enough. Usually, foreign residents apply for multiple entry visa when they intend to stay for long period of time.
In this article we would like to share our experience of obtainment business immigrant visa for Ukrainian citizen.
Initial request: citizen of Ukraine worked in Kazakhstani LLP and planned to buy shares of this company. addressed his request to get business immigrant visa to our team. It appeared to him that as a foreign resident and a co-owner of the company he was supposed to have C5 category visa. In order to get single entry C5 business immigrant visa for Ukrainian citizen we went through 2 step process:
Step 1 – Letter of Invitation and number of visa support
Required documents: copy of passport of foreign resident, residence address outside Kazakhstan, Company Registration Certificate of inviting company, information on a person authorized to sign documents and some other information.
Processing time: process usually takes 5-7 business days since filing a Letter of Invitation. Additionally, it may take 3-5 business days to prepare and collect all required documents. It also depends on how fast documents are provided by the client. In rare cases the Committee of National security may take up to 30 calendar days to approve.
In our case it took 5 business days to get number of visa support after filing the Letter. During this time foreign resident stayed in Kazakhstan based on work visa, however, he did not have to be there for this step.
Red flags: inviting company in Kazakhstan
Expenses: state fee is 0.5 MCI* for one Letter of invitation.
Step 2 – Visa application at the Embassy of Kazakhstan in Ukraine
As foreign resident already had work visa and could not have second Kazakhstani visa at the same time, he needed to leave Kazakhstan and apply for new visa at the Embassy of Kazakhstan in Kiev. At the same time his work visa was cancelled.
Required documents:
- Completed visa application form
- Photo 3.5×4.5 cm
- Original Passport without extension marks
- Petition from main applicant who is planning to visit Kazakhstan
- Consular fee payment confirmation
- Medical certificates/statements confirming that person does not have any of the diseases that restricted by Kazakhstani authorities (it can be physician/primary care doctor’s note allowing long term trip to Kazakhstan)
- Medical Insurance (should be valid in Kazakhstan during whole period of requested visa)
- Certificate of no criminal record from National police of Ukraine.
- Document confirming that there are/are no restrictions for entrepreneurial activity in any country according to the court order (it might be court response with court’s official seal; it should be notarized and translated from Ukrainian into Russian or Kazakh)
- Copy of the Letter of Invitation with number of visa support
Application should be in person. Appointment should be scheduled through email konsul.kiev@gmail.com indicating requested date and time or it can be arranged over the phone: +38 (044) 489-10-31 business days only from 3 pm to 5 pm.
Documents are accepted and issued during business days from 9:30 AM to 12:30 PM (except Wednesdays, public holidays in Kazakhstan and weekends).
Passport with issued visa can only be collected by the applicant in person.
Processing time: visa processing takes up to 5 business days since filing all required documents. In our case visa was issued on the 5th business day.
Red flags: collection of medical certificates/statements, certificate of no criminal record, Document confirming that there are/are no restrictions for entrepreneurial activity
Expenses: consular fee of 80 Euro for 90-day single entry visa.
Popular FAQs:
Is it possible to get a Letter of Invitation if a foreign resident is going to establish a company and does not have a legal entity yet?
In such cases letter of invitation may be prepared on behalf of legal advisors who will work on company’s registration in future.
What are the fees for visa?
- state fee is 0.5 MCI* should be paid by inviting company in Kazakhstan and enclosed to the Letter of Invitation when filing for visa support number.
- 80 USD paid at the Embassy for 90-day single-entry C5 business immigrant visa
- Additional fees should be paid when visa is extended to multiple entry
Is it possible to get this type of visa for dependents?
Yes, family members can get dependent visa (C2 visa type). Certain requirements should be followed in this case. Family members, eligible for C2 dependent visa:
- Spouse of the business immigrant, married not less than 3 years
- Children (including adopted children) under 18 years old who are not married
- Children (including adopted children) over 18 years old who are not married and unable to provide for themselves due to health conditions
- Disabled parents who are wholly dependent on the business immigrant
Here you may find brief information on this process. If you need more details, please contact our consultants.
Is it possible to get electronic C5 business immigrant visa?
No, this type of visa should be applied for at the Embassy in person. Electronic single-entry visas can only be obtained for business, tourist or medical treatment purposes.
Is it possible to get multiple entry C5 business-immigrant visa?
If foreign resident is intended to stay in Kazakhstan as a shareholder, he may obtain multiple entry C5 visa for up to 2 years. In this case it is important that inviting legal entity was the same as for initial single-entry C5 business-immigrant visa. For instance, if a Letter of Invitation and single entry C5 visa are issued on behalf of legal advisors but multiple entry visa application is under a different company’s name, documents will not be accepted by the authorities.
Due to this fact if foreign resident is going to get multiple entry business-immigrant visa, it would be better if Kazakhstani resident registers new company under his name, and when single entry business immigrant visa is issued foreign resident will be able to re-register company under his ownership. And once he owns company it is possible to get C5 multiple entry business-immigrant visa. In this case both single entry and multiple entry visas will be under the same company’s name.
You can find more detailed information on this process here: https://dos-immigration.kz/en/services/obtaining-a-c5-visa-for-business-immigrants/
Additional processes that can be required for the foreign resident:
*MCI – Monthly Calculated Index