Obtaining a temporary residence permit with the status of a business immigrant for registration of an LLP

Since April 2024, the legislation of the Republic of Kazakhstan has been amended with regard to the procedure for registration of legal entities by foreign citizens. According to the novelties, EAEU citizens were obliged to obtain a temporary residence permit (TRP) for the purpose of business immigrants to register a new legal entity or when buying out a share of an existing business.

Previously, the concept of business immigrant applied to all foreign nationals, except for EAEU countries. Thus, the norm was brought to a single standard.

The procedure for obtaining a temporary residence permit with the status of a business immigrant consists of several stages:

1. Obtaining a primary temporary residence permit with the status of business immigrant for a period of up to 90 days.
2. Registration of a legal entity or purchase of a share of an existing business.
3. Renewal of temporary residence permit with the status of business immigrant for up to 12 months.

Stage 1

Each stage has its own requirements. At the first stage, it is necessary to provide a certificate of no criminal record, medical certificates, consent from the owner of the property for residence, data on dactyloscopy and other documents. A temporary residence permit is issued for a physical person.

IMPORTANT: before arriving in Kazakhstan, it is necessary to obtain a certificate on the presence or absence of criminal record in the country of citizenship. The certificate is valid for 180 days from the date of receipt. In some cases, the certificate can be obtained at consular offices in Kazakhstan.

The initial filing is made in the Public Service Center at the place of registration of the property owner.

Stage 2

After obtaining a temporary residence permit with the status of business immigrant, the procedure for registration of a legal entity takes 5-7 working days on average. Sometimes the procedure can take up to 10-15 days.

Stage 3

The procedure of registration of a temporary residence permit takes 3 working days from the day of registration of the application. Personal presence in the Republic of Kazakhstan is required. Unlike stage 1, here the application is made on behalf of a legal entity and at the place of registration of the company.

List of required documents:

1. Application form (the form can be obtained at the Public Service Center);
2. Identity document of the foreigner with whom the Agreements on visa-free stay have been ratified;
3. IIN;
4. Medical insurance, covering primary medical and sanitary care and specialized medical care in hospital conditions in emergency form on conditions determined by agreement of the parties, in compliance with the minimum requirements established by the Laws of the Republic of Kazakhstan, except for citizens of countries of the Eurasian Economic Union;
5. Notarized consent from the property owner for the immigrant’s residence;
6. Medical certificate confirming the absence (presence) of diseases that prevent labor activity, i.e. medical certificate of 028/u form;
7. Certificate of undergoing dactyloscopy;
8. Notarized power of attorney from the property owner for obtaining a temporary residence permit (if the authorized person submits the application);

After opening a legal entity on the basis of a letter of application by the local executive bodies for entrepreneurship with the necessary list of documents, a temporary residence permit is issued for one year with the possibility of annual extension up to 3 years.

FAQ:

1. Does a foreign citizen need to be personally present on the territory of the Republic of Kazakhstan to apply for a business immigrant’s temporary residence permit?

Yes, border crossing will be required. We can submit the documents by Power of Attorney, but we attach the original passport and a copy of the notification of entry into Kazakhstan.

2. Where can I get a certificate of absence of criminal record?

There are several options: 1. To get a certificate in the country of citizenship 2. To get a certificate in consular offices in the territory of the Republic of Kazakhstan.

3. Where are medical certificates issued?

Medical certificates can be issued both in the country of citizenship and in the territory of the Republic of Kazakhstan. To minimize risks, we recommend to do it on the territory of the Republic of Kazakhstan.

4. What authority issues a certificate of absence of a ban on entrepreneurial activity for registration of a business immigrant’s temporary residence permit?

This certificate raises the most questions. Most countries issue this certificate, but there are those that do not provide for such certificates. Thanks to our experience, we can tell you whether your country of citizenship does or not?

5. A foreign citizen came to Kazakhstan to open an LLP. Who should apply for a temporary residence permit with the status of business immigrant if the LLP has not been registered yet? Can an individual submit the documents himself?

Yes, if the LLP has not been registered yet, a temporary residence permit with the status of business immigrant is issued on the basis of an individual’s application. In this case, the temporary residence permit is issued for 3 months. It is assumed that a foreign citizen should have time to register a legal entity within this period. After the registration of the legal entity, the company applies for a temporary residence permit for a period of up to 12 months.

6. A foreign citizen came to Kazakhstan to open an LLP. Does not plan to reside in Kazakhstan. Stayed in a hotel. Who should provide consent to stay?

Such situations arise quite often. Unfortunately, the legislation does not prescribe the norms of staying in a hotel when applying for a business immigrant’s temporary residence permit. Thus, in any case it is necessary to execute the Consent of the property owner for accommodation, even if you do not plan to reside in the Republic of Kazakhstan after opening a legal entity.

7. What is the protocol of action if a foreign citizen has entered the Republic of Kazakhstan and only plans to register a company?

• Entry into the Republic of Kazakhstan and filing a notice of entry;
• Registration of IIN;
• Collecting documents for the primary temporary residence permit from an individual person (medical examination, dactyloscopy, consent from the owner of the apartment, etc.);
• Submission of documents for a temporary residence permit and obtaining a permit;
• Registration of a legal entity;
• Application for a multiple-entry temporary residence permit.