Obtaining a C5 visa for business immigrants

In order to conduct business by foreigners, it is required to apply for a visa of the appropriate category. Entrepreneurial activity means the purchase of a share in a company or the registration of a legal entity, branch or representative office on the territory of Kazakhstan.

Foreign citizens won’t be able to register an LLP without a C5 visa for business immigrants. So, in accordance with subparagraph 2 of paragraph 2 of article 40 of the Law of the Republic of Kazakhstan “On migration of the population”, foreigners who have not received a visa to enter as business immigrants are prohibited from being founders and participants of commercial organizations. It is worth noting that the visa is issued only to adults (person of majority age).

Obtaining a C5 visa for business immigrants

How is the procedure for obtaining a business immigrant visa?

The C5 visa for business immigrants is issued in two stages.

The first stage is the issuance of a single–entry visa for up to 90 days in the country of citizenship or permanent residence. This is a compulsory condition. In some cases, visa can be obtained upon arrival at the international airports of the Republic of Kazakhstan. Check with immigration consultants for details. The visa is issued on the basis of an invitation from a Kazakh company with a visa support number approved by the Migration Service of the Ministry of Internal Affairs of the Republic of Kazakhstan. If there is no company yet and it is only planned to open, it is possible to issue an invitation from a law firm that will be engaged in the registration of a legal (corporate) entity.

List of documents for the first stage:

  1. 1. medical certificates confirming the absence of diseases, the presence of which prohibits entry into the Republic of Kazakhstan.
  2. medical insurance.
  3. certificate of no criminal record issued by the authorized body of the country of citizenship or permanent residence.
  4. certificates on the absence of a ban on entrepreneurial activity on the basis of a court decision.

Terms: visa support number is issued within 5-7 business days after the registration of the invitation letter. In rare cases, the review is delayed up to 30 calendar days due to the approval of the National Security Committee. It takes extra time to insert a visa at the Embassy/Consulate of the Republic of Kazakhstan abroad.

After receiving a single-entry visa C5, foreign specialist arrives to Kazakhstan and during the validity period of the visa:

  • register a commercial organization or become a member of the participants (shareholders) of commercial organizations operating in Kazakhstan.
  • deposit to a second-tier bank an amount of money not less than the minimum amount established by the legislation of Kazakhstan, when registering a legal entity to form its authorized capital.

The second stage. As soon as the stage of registering a company and depositing money into the authorized capital has been successfully completed, if necessary, a foreign specialist has the right to extend a single-entry C5 visa to a multiple-entry visa by submitting documents to the Migration Service authorities at the place of registration of the company. A multiple-entry visa is issued for up to 2 years, for ethnic Kazakhs – for up to 3 years.

List of documents for the second stage:

To apply for a multiple-entry C5 visa, first of all, it is necessary to receive a letter of application from the Akimat at the place of registration of the company, which must confirm the consent of this state body to issue a multiple-entry business immigrant visa for the founder-a foreign specialist. The procedure for obtaining consent-petition takes about 15 business days. A petition from the Akimat is issued when submitting an application to the Akimat with an appropriate business plan with full information on the company’s activities, with a description of projects and their goals with an implementation plan, the number of planned investments. In case of obtaining consent from the Akimat to issue a multiple-entry C5 visa, this application is sent to the Migration Service, after which the company can apply to the Migration Service authorities for visa extension with the following documents:

  1. Original passport of a foreign specialist;
  2. Visa application form completed and signed by a foreign employee;
  3. 1 color photo 3.5*4.5
  4. Application letter from the company
  5. Power of attorney for a company representative

Terms: consideration of documents both when issuing a primary single-entry visa and when extending a multiple-entry visa takes an average of 7-10 business days, however, it can be extended up to 30 calendar days due to their coordination with the National Security Committee of the Republic of Kazakhstan according to paragraph 13 of the Rules for issuing invitations and visas.

What are the red flags applying for C5 visa?  

  • Embassies / Consulates of the Republic of Kazakhstan do not issue single-entry visas C5 in the presence of diseases that prevent entry into the Republic of Kazakhstan, a criminal record or a ban on doing business for a business immigrant.
  • If a foreign specialist does not fulfill the duties of opening a company and depositing money within the period from the date of arrival in the Republic of Kazakhstan, the Ministry of Internal Affairs, based on the request of local executive bodies, can shorten the stay of business immigrants for the period necessary for their voluntary departure.
  • The local executive body, namely the Akimat, may refuse to grant consent for the issuance of a multiple-entry visa due to the provision of an incomplete package of documents or the non-compliance of the business plan with the requirements of the authorized body.
  • Citizens of some countries have difficulties obtaining certificates in the country of citizenship. For example, a certificate of the absence of a ban on doing business.

Can dependents get the same visa?  

The following family members of a business immigrant have the right to apply for a visa for reunification (category C 2 visa):

  • A spouse who has been married for at least 3 years.
  • Children, including adopted, under 18 years of age and unmarried.
  • Children, including adopted children, over 18 years old, unmarried and unable to provide for themselves for health reasons.
  • Disabled parents who are dependent on a business immigrant.

Terms and conditions of stay on a C2 visa for family reunification:

  • Multiple-entry C2 visa can be up to 1 year.
  • C2 visa can be obtained in Kazakhstan if a foreign citizen has visas: B10, C3 or C9.
  • On the basis of a visa C2 adult foreign citizens can carry out work activities.

Can the founder of the company work as a director on the basis of a visa C5?

It is allowed to work under C5 visa. According to legislation there are a few types of visas to work: C3, C4, C5 and others. 

Are there any other obligations for an employer and a foreign employee after obtaining a category C 5 visa for a business immigrant?

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