Obtaining a C3 work visa in companies with 100% foreign participation

There are several ways to register a foreign employee for work. For work visas, there is a standard procedure through obtaining a work permit, and there are options when you can get it through a simplified procedure due to an exception in the law.

In this article, we will describe one of the most popular options using a simplified procedure – working as the first heads of Kazakh legal entities and their deputies with a 100% foreign participation in their authorized capital. This item is stated in Appendix № 1 to the Decree of the Government of the Republic of Kazakhstan dated November 24, 2023 №1041.

Basic requirements for attracting a foreign specialist under a simplified procedure

1. The presence of a company with 100% foreign participation, where one or more participants are citizens of foreign countries. Must be an LLP, for Branches and Representative Offices, this item only works for First Heads, but not for Deputies.
2. The position of a foreign employee must correspond to the first category. The first category is the executive body according to the Charter, where the position may be Director, General Director, Managing Director, Executive Director, etc. It is necessary to check the position of the First Head according to the Charter. If this is a director, the first category will include the Director and his deputies: Deputy Director, Deputy Director for Financial, Economic, etc.

List of documents for a company with 100% participation?

1. A confirmation letter of 100% foreign participation from a government agency.
2. A copy of the 1st page of the passport.
3. The decision of the founders – for the first head.
4. Employment contract – for the first deputy head.
5. An order of an appointment.
6. Certificate of registration of the inviting party and other company data.
7. Information about a foreign employee: place of residence in the Republic of Kazakhstan and abroad, contact details, etc.

How long does the work visa procedure take?

The process takes on average 4 weeks. The first stage, receiving a letter of confirmation of foreign participation, takes 10-15 working days. Next, we collect a package of documents for obtaining a work visa and submit documents to migration. The average processing time is 10 working days. In rare cases, the review period may be extended to 30 calendar days. So, on average it takes 4 weeks. But theoretically, this could take 1.5-2 months.

How much does it cost to get a work visa for exclusion in companies with 100% foreign participation?

The main expenses are:

• payment of state duty/consular fee in the amount of 30 MCI (110,760 tenge for 2024)
• payment for the services of an immigration consultant for organizing a confirmation letter and visa processing.
• payment for the services of an immigration consultants for obtaining an IIN and submitting notifications.

What are the advantages of the exception procedure compared to the standard work permit application?

1. There is no requirement to obtain a work permit.
2. There is no quota requirement.
3. There is no requirement to pay the state fee.
4. There is no requirement to observe the ratio between local and foreign personnel.
5. There are no requirements for the qualification of foreign specialists.

Where С3 working visa by exception can be received?

• In Kazakhstani embassies in country of citizenship of foreign nationals. An invitation letter from the inviting entity is required.
• In Kazakhstani embassies in country of temporary living of foreign nationals. An invitation letter from inviting entity is required. Foreign national must provide documents which allows to stay in third country (residence permit, work permit, working visa or others).
• In Kazakhstan. An official written request from an employer is required. It depends on citizenship of foreign national, category of current visa and other points.
• Getting visa by arrival at international airports of Kazakhstan. These are exceptional cases and it is necessary to coordinate the details with the Ministry of Internal Affairs of the Republic of Kazakhstan.

Details of obtaining a work visa in Kazakhstan without leaving

Types of visas and other situations which allow to transfer current status to working visa of C3 category:

• Entrance to Kazakhstan on behalf of visa free regime
• Valid B2 and B3 business visas
• Valid private visas of B10 category
• Valid family reunion visa of C2 category
• Valid C3 working visa granted for another employer
• Valid study visa of C9 category
• Valid private visa of C10 category for Kazakh nationals

Can family members get work visas as accompanying persons?

Spouses and children can apply for the same category of C3 visa. Additional documents are to be provided: marriage certificate with apostille/legalization for spouse and birth certificates with apostille/legalization for children.  Visa is issued for the same period as main applicants. Dependents cannot work under C3 visa.

How to extend a work visa for next year?

C3 category visa can be renewed for next year internally in Kazakhstan. Departure is not required. According to legislation documents can be registered 30 business days prior to visa expire date. A prerequisite is to provide grounds for visa extension, i.e., letters of confirmation of 100% foreign participation.

Therefore, we recommend starting the process 2 months before the end of the visa expiration date. Deadline is 5 business days prior to expire date. If foreigner cannot submit documents on time, departure is required.