Work permit application process in Kazakhstan for foreign nationals

What is it a work permit?

Work permit in Kazakhstan is a document which grants to foreign nationals who plan to stay in Kazakhstan and work. Work permit allows foreign nationals to conclude an employment agreement and work.

How long does it take to get work permit?

Usually, process takes about one month since all pack of documents is provided. Documents and information should be provided by an employer and employee. During one month we file application forms, translate personal document and notary verify. Terms of work permit application process depends on how fast all documents can be provided from employer and employee. Additional time takes C3 visa proceeding process.

List of required documents from a foreign national?

Foreign nationals should prove his qualification background by providing: University degree with mark of apostille / legalization, copy of picture page of passport and CV for work experience review. Education and experience must match the job title. Other documents should be provided by an employer.

How we can deal if foreign national does not have the University degree?

Government of Kazakhstan amends legislation and create good conditions to attract high qualified foreign specialists. If foreigner cannot prove his qualification background, it can be difficult to get work permit for 1^st and 2^nd category employees (managerial positions).

At the same time, there are some job titles (3^rd and 4^th categories) where higher vocational education is not required. It is enough to provide secondary vocational education. Also note, higher qualification of foreign specialist it is easier to get work permit and less sum of government fee.

List of required documents from an inviting company?

An employer is to provide charter (registration certificate, charter), planning job title of foreign national and job duties, number of foreign nationals and locals in staff schedule, information about current and upcoming projects, business plans. For some categories of employees, it is obligatory to meet requirements of local ratio:

• For 1^st and 2^nd category employees – not less than 70%.
• For 3^rd and 4^th category employees – not less than 90%.

What is the plan of process?

1. Qualification analysis and review of personal documents of foreign national.
2. Selection of job title according to job evaluation catalog and qualification background of foreign specialist.
3. Approval of job title and start of the work authorization process.
4. Translation and notary verification of personal documents.
5. Preparation and filing of application forms and registration on electronic portal e-license.
6. Checking documents in Labor Department.
7. Committee review.
8. Granting of notification with approval or rejection.
9. Government fee payment within 10 business days.
10. Granting of work permit.

Are there any additional procedures after granting of work permit for an employer and an employee?

• Proceeding with work visa of C3 category or with Temporary Residence Permit
• IIN in Kazakstan: how to register and obtain
• Submission of Notification on arrival
• Submission of monthly reports
• Quota application
• Work permit renewal process
• Briefing of foreign employees on the requirements of Migration Authority

Can you list the main red flags during the work authorization process?

• Work permit is issued within established quota. Quota divides on categories of foreign nationals and regions. If an employer does not have quota work permit application process can be complicated or impossible.
• Absence of University and College degrees.
• Absence of mark of legalization and apostille.
• Qualification of foreign specialist does not match the job title and requirements of legislation.
• Absence of sponsoring entity registered in Kazakhstan.
• To meet requirements of local ratio: for first and second category employees – not less than 70% of locals, for third and fourth categories – not less than 90% of locals.

Can dependents follow foreign specialists?

Yes, some dependents of foreign national can follow him: spouse and children until 18 years old. An additional package of documents is required for them to get C3 visa. Birth certificate with mark of legalization / apostille for children and marriage certificate with mark of legalization / apostille for spouse.

Is it allowed to work in different cities on behalf of one work permit?

Work permit is valid in city, where it was issued. Employers can send foreign nationals to business trips to other regions, but total number of days within a calendar year must be not more than 90 days. If it is expected more days, then work permit obtainment is obligatory in that region.

Is it allowed to foreign national to work in a few companies or in one company but holding a few positions simultaneously?

Yes, joint appointment is allowed. At the same time, it is obligatory to get work permit in each company, where foreigner proposed to work. If it is about combined job in one company, then a few work permits must be received for each position.

Are there any privileges due to citizenship of foreign specialist?

Citizenship does not have any influence on work authorization process. Procedure is similar to all foreign nationals and cannot be expedited by any other ways. The only exemptions are citizens of EAEU (Russia, Belorussia, Armenia, Kyrgyzstan). Citizens of these countries do not need work permit and apply for TRP.

How much does it cost to get work permit?

There is а government fee for work permit. The sum of fee depends on job title of foreign specialist and type of business activity of an employer.  The minimum sum is 137 MCI (monthly calculation index). It is about 419 631 tg in 2022. And maximum is 250 MCI (765 750 tg in 2022). Additional payment is consular fee for visa. It is 30 MCI (91 890 tg in 2022).

We received work permit for foreign national, but actually he is holding another position. Do we have any risks?

It is obligatory job title of foreign nationals must match the job title in work permit issued by Authorities. Otherwise, work permit can be cancelled and an employer is fined. Details you can find below.

Which kind of fines can be taken to us if foreigner works without work permit?

There are some penalties if foreigner works without work permit:

— for private person – 30 MCI (monthly calculation index), for representatives of an employer – 50 MCI, for non-commercial organizations and subjects of small business – 100 MCI, for medium business – 200 MCI, for large business – 700 MCI. 1 MCI in 2022 – 3063 tenge.

If an employer attracts foreign national and his job title in official documents (work permit) does not match the real job title in internal documents (an employment agreement, an employment order and etc.) there are some penalties:

— for private person – 30 MCI (monthly calculation index), for representatives of an employer – 50 MCI, for non-commercial organizations and subjects of small business – 100 MCI, for medium business – 200 MCI, for large business – 700 MCI. 1 MCI in 2022 – 3063 tenge.

Sum of penalties if the same actions leading to break of the law is done second time during the calendar year:

— for private person – 50 MCI (monthly calculation index), for representatives of an employer – 100 MCI, for non-commercial organizations and subjects of small business – 200 MCI, for medium business – 300 MCI, for large business – 1000 MCI.

Is it allowed to foreign national to work without work permit?

Legislation of Kazakhstan allows different ways of hiring foreign nationals. Here is information about standard work permit application process. Also there are some exemptions  from Rules and other categories of visas which allow to work.