Obtaining C5 category visa of business immigrant for citizen of Spain
In order to start business in Kazakhstan foreign resident is required to have C5 business immigrant type of visa. Starting your own business in Kazakhstan means buying shares of existing Kazakhstani legal entity or opening a new legal entity.
Foreign residents cannot register own legal entity without having C5 type of visa also known as business immigrant 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. This type of visa can be issued to adults only (over 18 years old).
Initial request: citizen of Spain was planning to open a company in Kazakhstan. He addressed his request to get business immigrant visa to our team. It appeared to him that as a foreign resident and an owner of the company he was supposed to have C5 category visa. Department of Justice that deals with company’s registration denied application without C5 business immigrant visa of the owner.
Step 1 – Registration of legal entity in Kazakhstan. Initial Letter of invitation of foreign resident was supposed to be issued under legal entity’s name. However, the company had not been registered yet. It also could not be registered without business immigrant visa of the owner. Therefore, it was decided that company would be registered under temporary Kazakhstani founder.
Required documents: passport copy of the CEO, company’s name, legal address, type of business, business formation and some other information.
Processing time: process might take 5-7 business days since filing the application. 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 this case legal entity was registered on 5th business day since client’s request.
Red flags: finding temporary Kazakhstani founder.
Expenses: cost of notarizing Company’s foundation documents
As soon as company was registered, we moved to the second step of the process which was a Letter of invitation.
Step 2 – Letter of Invitation and number of visa support. Once company is registered a Letter of invitation of foreign resident can be submitted with the Migration Service. Also, additional approval of the Committee of National Security is required. As soon as authorities approve the Letter of Invitation, number of visa support will be issued. Based on the Letter of invitation and the number of visa support foreign resident can apply for actual C5 business immigrant visa.
Required documents: copy of passport of foreign resident, residence address outside Kazakhstan, Company Registration Certificate (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 7 business days to get number of visa support after filing the Letter.
Red flags: approval of the Committee of National Security may take up to 30 days.
Expenses: state fee is 0.5 MCI* for one Letter of invitation.
Step 3 – Visa application at the Embassy of Kazakhstan in Spain. Once number of visa support is received foreign resident may apply for visa at the Embassy of Kazakhstan in the country of citizenship or the country of permanent residence**
As a result, 90 days single entry C5 business immigrant visa will be issued.
Required documents:
- Copy of the Letter of Invitation
- Original Passport
- Photo and filled in visa application form
- Consular fee payment confirmation
- Medical certificates/statements confirming that person does not have any of the diseases that restricted by Kazakhstani authorities. Medical certificates/Statements are valid for 6 months
- Medical Insurance
- Certificate of no criminal record with apostille issued by the authority in the country of citizenship or the country of permanent residence. It should be translated into Russian or Kazakh. Sworn translation can be done at the Embassy. Cost of one page is 35 Euro in 2023.
- Document confirming that there are/are no restrictions for entrepreneurial activity in any country according to the court order (if such kind of document can be issued according to the legislation of the country of citizenship or permanent residence). In Spain this document can be substituted by a declaration signed at a Notary Public office. Declaration should state that there are no restrictions for entrepreneurial activity in any country. Also, it should be apostilled and translated into Russian or Kazakh.
While collecting documents we recommend scheduling an appointment with the Embassy. Phone number of the Embassy of Kazakhstan in Spain: 93 142 42 25.
Processing time: visa processing takes up to 5 business days since filing all necessary documents. In our case visa was issued on the 2nd 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 75 Euro for single entry visa. Payment can be made through the bank transfer or ATM
Step 4 – Buying shares of the company. Once foreign resident arrives to Kazakhstan process of buying shares of legal entity can be initiated.
Required documents: approval of spouse to buy/sell shares of the company, notarized copies of passports, IIN (Individual Identification Number), Resolution of sole proprietor or Minutes of shareholders meeting if there are several shareholders
Processing time: 1 business day to get Share Purchase Agreement ready and 1-3 business days to re-register legal entity.
Red flags: n/a
Expenses: notarization of the agreement – 50 000 KZT, state fee for re-registration of legal entity – 5565 KZT for small business in 2023.
Step 5 – Renewing C5 visa from single entry to multiple entry in Kazakhstan. Once Share Purchase agreement is ready, C5 business immigrant visa can be renewed from single-entry to multiple entry.
Required documents: Company’s Business plan, Consent form of the governmental authority, Reference Letter from the Inviting Party, Consular fee payment confirmation, Address of residence in Kazakhstan, Copy of Notification on Arrival and etc.
Processing time: process has 2 phases. Phase 1 – getting Consent form from the authority, phase 2 – visa renewal. It might take from 15 to 30 business days.
Red flags: approval of the Committee of National Security may take up to 30 days.
Expenses: State fee is 30 MCI (103 500 KZT in 2023)
Popular FAQs:
Is it possible to get electronic C5 business immigrant visa?
No, electronic C5 business visa cannot be issued. It is required to come in person to the Embassy of Kazakhstan in the country of citizenship or country of permanent residence.
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.
Additional processes that can be required for the foreign resident:
*MCI – Monthly Calculated Index
**Receiving visa in the country of permanent residence is possible in case if certain documents can be provided (long term visa, work authorization, work visa etc.). Tourist or Business visa is not considered as proof of residency; thus, applicants will not be able to get visa based on these documents.