Obtaining a residence permit in Kazakhstan for a citizen of Ukraine

A foreign citizen applied to us for a residence permit for a citizen of Ukraine. The foreign specialist works as a freelancer and there is no labor contract in Kazakhstan. Works online and there is no need to be in one place. Resides in Uzbekistan and in Kazakhstan. The 90-day period of visa-free stay in Kazakhstan did not satisfy the need. It was decided to obtain permanent status. We offered several options:

1. Obtaining a business immigrant visa of category C5 for a citizen of Ukraine. The visa gives the right to stay in Kazakhstan for a year without restrictions. The main condition – opening a legal entity in the territory of the Republic of Kazakhstan.
2. Obtain a residence permit for a citizen of Ukraine.

It was decided to move forward with scenario #2 – to obtain a Residence Permit for a citizen of Ukraine. What risks were voiced by the foreign citizen:

1. Receipt of a certificate of departure from the country of citizenship. The departure to Ukraine was not planned. Provision of a certificate of departure has been canceled since April 2022. Thus, there is no need to provide this document and discharge from the country of citizenship.
2. Obtaining a Permanent Residence Permit. For a citizen of CIS countries it is necessary to obtain a permanent residence permit to apply for a residence permit. At the same time, for a citizen of Ukraine it is necessary to obtain a visa of category B8, as there is a visa regime between our countries, if a foreign specialist plans to stay more than 90 days. There are several scenarios where it is possible to obtain a B8 visa. The foreign employee has decided to apply to the Embassy of Kazakhstan in Tashkent, as there is a reason for long-term stay in Uzbekistan.
3. Lack of connection with Kazakhstan. The foreign national doubted the success of obtaining a residence permit for a citizen of Ukraine because he had no connection with Kazakhstan. He had no family relations and had not worked in Kazakhstan before. Kinship relations are a plus when obtaining a residence permit for foreign citizens, but are not a prerequisite. At the same time, the presence of family ties does not guarantee a residence permit for a citizen of Ukraine and other countries.

Stages of residence permit registration for a citizen of Ukraine in Kazakhstan

Stage 1 – obtaining a B8 visa to obtain permanent residence status in Kazakhstan. There are several options where one can obtain a B8 visa: in the country of citizenship, in the country of residence or on the territory of Kazakhstan. A foreign citizen, having collected the necessary package of documents applied to the Embassy of Kazakhstan in Tashkent.

Terms: the procedure of visa pasting takes from 1 to 3 working days from the day of registration of the application. List of documents: it is necessary to fill in the questionnaire, provide a photo, pay the consular fee. Risk areas: to obtain a visa not in the country of citizenship, it is necessary to provide a reason for long-term stay. In our case, a work visa was provided.

Result of the service: issuance of a single-entry visa of category B8 for permanent residence for a citizen of Ukraine for up to 90 days.

Stage 2 – arrival in Kazakhstan and collection of documents. During the period of validity of the visa the foreign citizen must collect a package of documents and apply for a residence permit. The list of documents is quite large, but the plus is that almost everything is collected on the territory of the Republic of Kazakhstan with the exception of a certificate of no criminal record. We informed the foreign citizen about this at the initial stage. Therefore, the certificate was previously requested and was in hand. What documents were collected on the territory of the Republic of Kazakhstan?

1. Real estate lease agreement.
2. Medical certificate.
3. Certificate of passing fingerprint registration.
4. Information from the bank about the availability of the required amount, etc.

Stage 3 – submission of documents for a residence permit for a citizen of Ukraine. Registration of the application takes place at the place of temporary registration of the foreign citizen. Personal presence is required. After registration of the application, a coupon on acceptance of documents is issued. From the date of issuance of the coupon count 45 calendar days until the decision is received. Usually, the decision is ready on 41-43 calendar days. During the period of consideration the foreign citizen may be called for an interview, visit the place of residence to check the actual residence at the address and additionally request a certificate from the bank on the availability of funds on the account.

Stage 4 – receipt of the decision and issuance of the residence permit identity card. The decision was issued on the 42nd calendar day. After receiving the decision, the foreign citizen together with the owner of the property goes to the Population Service Center to pay the fee and register the application for issuance of the residence permit identity card. If the property owner cannot be present, as was the case in our case, we issue a power of attorney and represent the interests of the owner.

The standard term for obtaining a residence permit is 17 calendar days. The amount of state duty is 0, 2 monthly calculation index. We filed in an accelerated mode for an additional fee. The term of production – 7 working days.

FAQ’s

Do I need to stay in Kazakhstan for the period of residence permit review within 45 calendar days?

Yes. A foreign specialist can be called for an interview, they can visit their place of residence, and if they are not in the country, there must be a motivated reason. For example, business trips, vacations, etc. As a rule, they call for an interview in the first 15-20 days after receiving the ticket.

Can I leave and re-enter on a B8 visa?

The B8 visa is a single entry. From the date of departure from Kazakhstan, the visa is canceled, and you will not be able to enter on a visa. At the same time, you will be able to enter under the visa-free regime in force between the Republic of Kazakhstan and Ukraine for a period of no more than 90 days within a 180-day period.

And if I left, my B8 visa is canceled. I won’t get rejected for this reason?

A B8 visa is required for applying for a residence permit for a citizen of Ukraine. There is no condition that the visa must be valid for the entire procedure. We have had cases when foreign citizens left the country and stayed in Kazakhstan on a visa-free regime until a positive decision of the authorized body.

What about my spouse? Can I invite her?

Yes, you can invite your spouse on a C2 family reunification visa. Or there is a second option, get a residence permit for your spouse. The presence of relatives of residence permit holders increases the chances of obtaining a residence permit.

What should I do with my child? Do you also need to get a C2 visa?

You can get a C2 or C11 visa for a child. Children under the age of 16 do not have a residence permit, so you need to get one of the visa categories. The visa validity period is from 1 to 3 years. 

Can we open an LLP after obtaining a residence permit?

Yes, after obtaining a residence permit, the requirement to have a C5 business immigrant visa for a citizen of Ukraine is not relevant. On the basis of the residence permit it is possible to register an LLP in your own name.

Can we open an individual entrepreneur after obtaining a residence permit?

Yes, this is possible, but only for the EAEU countries: Armenia, Belarus, Kyrgyzstan, Russia. For citizens of other countries it is impossible to open an IE even on the basis of residence permit.

Do I need an apostille for a certificate of no criminal record?

Apostille is not required for documents issued on the territory of Ukraine, as there is an agreement on the Chisinau and Minsk Conventions on mutual recognition of documents. Just provide the original document. Additionally, we will translate and notarize the certificate.

How long is the certificate valid?

The certificate of absence of a criminal record is valid for 180 calendar days from the date of issue of the document.