CHANGES IN LAW IN PART OF FORMING TEMPORARY RESIDENCE PERMIT, VISA, IIN, RESIDENCE PERMIT of May 16, 2024. Main points.
Block 1: TRPs and Visas
- EAEU citizens will need business immigrant status to register an LLP or buy out a share in an LLP. Exceptions: holders of residence permits.
Previously this was not required as there is an Agreement on the Eurasian Economic Community. Also, according to Article 2 of the Law of the Republic of Kazakhstan “On Migration”: if an international treaty ratified by the Republic of Kazakhstan establishes rules other than those provided for in this Law, the rules of the international treaty shall apply.
Currently, there is the following situation: migration services do not accept applications from EAEU citizens for a residence permit with the status of a business immigrant without an application from the Department of Investment and Entrepreneurship. Now the Department of Investment and Entrepreneurship does not issue business immigrant applications to EAEU citizens.
This issue is being resolved at the level of the Akim’s office. Therefore, so far all processes are suspended, and no one can answer when they will make changes to the Regulations and accept applications. It turns out to be a vicious circle. We have sent several requests to state bodies and are waiting for answers. We need precedents to understand the protocol of actions.
Questions.
1.1 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 a physical person submit the documents himself?
1.2 A foreign citizen came to Kazakhstan to open an LLP. Does not plan to live in Kazakhstan. He stayed in a hotel. Who should provide consent to stay?
1.3 What is the protocol of action if a foreign citizen has entered Kazakhstan and only plans to register a company?
- It is enough to be married for 1 year to obtain a C2 category family reunification visa/TRP. Previously it was required at least 3 years. Also, money for the maintenance of each member was previously confirmed only by the inviting party. Now it can be confirmed by one of the parties, the inviting party or the inviting party.
- Liability of the immigrant for residence not at the place of temporary stay. Recall, previously, after the issuance of a temporary residence permit in the case of a change of address, it was sufficient to submit a notice of entry. What will be the practice after the changes come into force we clarify.
Questions:
3.1 Is it necessary to obtain a new temporary residence permit (TRP) due to a change of address?
3.2 Is a previously issued TRP corrected due to a change of address?
3.3 Is it sufficient to submit a notification of change of address for holders of a TRP and visas?
Block 2: IIN
- IIN will be excluded from the register when non-residents leave the Republic of Kazakhstan. The exception is holders of residence permit. We assume that after leaving Kazakhstan for a long period of time and returning to Kazakhstan it will be necessary to get IIN again. At the moment the issue is being clarified.
Questions:
4.1 The terms of departure at which the IIN is excluded from the register are not specified. Could you clarify whether there is a statutory deadline?
4.2 After exclusion from the register and re-entry of a foreign employee, is it necessary to get a new IIN or is it enough to restore the previous one? What is the protocol of actions in this case?
Block 3: Residence Permit
- Foreigners temporarily staying in the Republic of Kazakhstan may apply for a permanent residence permit in the following cases:
– with a permanent residence visa (visa B8)
– investor multiple entry visa (A5 visa)
– visa issued in accordance with the list of in-demand professions for foreigners to obtain a permanent residence permit in the Republic of Kazakhstan (visa C4)
– arriving from states that have concluded visa-free entry agreements with the Republic of Kazakhstan
– having refugee status in the Republic of Kazakhstan
– ethnic Kazakhs regardless of the category of visa issued to them.
Immigrants applying for a permanent residence permit shall be issued a visa or a temporary residence permit for the period necessary to consider the application, but not more than ninety calendar days.
- Following the expansion of the list of demanded professions for obtaining a residence permit, the requirement to refuse and revoke a residence permit obtained on this basis was introduced.
The residence permit is revoked if the person does not work in the profession for one hundred eighty-three calendar days within any consecutive twelve-month period from the date of issuance of permanent residence permit.
A full list of in-demand specialties can be viewed at this link
You can read all of the legislative changes at this link: https://adilet.zan.kz/rus/docs/Z2400000082.