Work permit replacement process

A work permit is issued for a certain company and for a certain position. These two components are unchanged. At the same time, it is possible to renew a previously issued work permit for another foreign specialist in the same company and for the same position. The procedure takes up to 1.5 months. There is no need to pay a state fee for the replacement of a work permit.

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A work permit is a legally valid document that authorizes a foreign national to work in a country of which they are not a citizen.

In the Republic of Kazakhstan, a work permit is issued to foreign nationals who are temporarily residing or staying in the country. This document confirms the foreign employee’s legal right to carry out employment activities in Kazakhstan.

How long does the process take?

The process generally takes between one and one and a half months. The overall timeline largely depends on how quickly and completely the required information and documents are provided by both the employer and the foreign employee.

In addition, the foreign employee’s qualifications must be confirmed, as is required for an initial work permit application.

Under what circumstances can a foreign specialist be replaced?

A previously issued work permit may be reassigned to another foreign specialist in the following cases:

The foreign employee for whom the original work permit was obtained does not arrive in Kazakhstan to commence employment.
The employment contract with the foreign employee is terminated before the expiry of the work permit.

Important: The qualifications of the replacement foreign specialist must meet the requirements established by the legislation of the Republic of Kazakhstan and correspond to the position specified in the work permit.

Please describe the process step by step

The employer, or an authorized representative acting on the employer’s behalf, submits an application through the E-Licensing portal to the Employment Department in the region where the foreign specialist will be employed.
The local executive authority reviews the application and makes a decision on the replacement of the previously issued work permit with a permit for another foreign specialist.
The decision is issued within five working days from the date the documents are accepted. Unlike an initial work permit application, the replacement process does not require review by the Commission.
Upon approval, the employer receives a reissued work permit containing a new permit number and the details of the replacement foreign specialist.

For what period will the work permit be issued?

The reissued work permit will be granted for the remaining validity period of the previous permit. Depending on the circumstances, this may be ten months, two months, or any other remaining period under the original permit.

Is a quota required for the replacement of a foreign specialist under an existing work permit?

No, a quota is not required when replacing a foreign specialist under an existing work permit. The replacement employee takes the place of the departing foreign specialist; therefore, the total number of foreign workers in the region does not increase.

Is a local labor market search required before replacing a foreign specialist under an existing work permit?

No. The Rules do not require employers to conduct a preliminary search for candidates in the local labor market when replacing a foreign specialist under an existing work permit.

A local labor market search is required only when applying for an initial work permit. In the case of replacing a foreign employee under a valid work permit, such a search is not necessary.

Provided that the replacement foreign specialist’s qualifications meet the requirements for the position specified in the existing work permit, the replacement application may be submitted immediately.

What documents are required from the foreign employee?

The foreign employee is required to provide documents confirming their qualifications, including: a higher education diploma bearing an apostille or consular legalization, depending on the country where the document was issued; CV in free format for assessment of the employee’s professional experience; a copy of the passport. All other documents required for the replacement process are provided by the employer.

What if the foreign specialist does not have a higher education degree?

Kazakhstan’s work permit system places a strong emphasis on attracting highly qualified foreign professionals. Therefore, the absence of a higher education degree may significantly complicate the process of obtaining or reissuing a work permit for Category 1 and Category 2 positions (senior managers and middle managers).

At the same time, for certain Category 3 and Category 4 positions (specialists and skilled workers), a higher education degree is not mandatory. In such cases, a vocational or secondary specialized education diploma may be sufficient, provided that the foreign specialist meets the qualification requirements for the relevant position.

What documents are required from the employer?

The employer must provide company-related information, including:

Company registration certificate (from egov.kz);
Position title and job description of the foreign specialist;
Information on the number of local and foreign employees;
Information on planned projects;
The role of the foreign specialist within these projects.

For certain categories of employers, there is also a requirement regarding the ratio of local to foreign employees:

For Category 1 and Category 2 employees – at least 70% local staff;
For Category 3 and Category 4 employees – at least 90% local staff.

The requirement to comply with the staff ratio does not apply to small business entities with no more than 20 employees, as well as to representative offices and branches of foreign legal entities with no more than 10 employees.

Additional procedures after obtaining a work permit:

Obtaining a C3 work visa or temporary residence permit (TRP);
Obtaining an Individual Identification Number (IIN);
Submitting a notification of arrival in the Republic of Kazakhstan;
Submitting reports on foreign labor force (for intra-corporate transfers and Category 4 employees);
Submitting an annual quota request for foreign employees;
Submitting quarterly mentorship reports (recommendatory in nature);
Initiating the extension procedure for the work permit for the following year.

Can family members accompany a foreign specialist?

Yes, a foreign employee may be accompanied by immediate family members, including a spouse and children under the age of 18. In this case, an additional set of documents will be required when applying for a C3 dependent visa for accompanying family members.

What penalties are provided for by law if a foreign employee works without a work permit?

The engagement of foreign labor without a permit issued by the local executive authority results in administrative fines:

For individuals: 30 MCI
For officials: 50 MCI
For small business entities or non-profit organizations: 100 MCI
For medium business entities: 200 MCI
For large business entities: 700 MCI

Engaging a foreign employee in a position (profession or specialty) that does not correspond to the position specified in the work permit issued by the local executive authority also results in administrative fines:

For individuals: 30 MCI
For officials: 50 MCI
For small business entities or non-profit organizations: 100 MCI
For medium business entities: 200 MCI
For large business entities: 700 MCI

Repeated violations committed within one year after the imposition of an administrative penalty result in increased fines:

For individuals: 50 MCI
For officials: 100 MCI
For small business entities or non-profit organizations: 200 MCI
For medium business entities: 300 MCI
For large business entities: 1,000 MCI

Can a foreign employee work without obtaining a work permit?

The legislation of the Republic of Kazakhstan provides different options for legal employment of foreign nationals. The above describes the standard procedure for employing foreign workers. However, there are exceptions under the Rules, as well as other visa categories that grant the right to work without a standard work permit.