Obtaining a temporary residence permit with the status of a business immigrant for registration of an LLP

Since April 2024, the legislation of the Republic of Kazakhstan has been amended with regard to the procedure for registration of legal entities by foreign citizens. According to the novelties, EAEU citizens were obliged to obtain a temporary residence permit (TRP) for the purpose of business immigrants to register a new legal entity or when buying out a share of an existing business.

Previously, the concept of business immigrant applied to all foreign nationals, except for EAEU countries. Thus, the norm was brought to a single standard.

The procedure for obtaining a temporary residence permit with the status of a business immigrant consists of several stages:

1. Obtaining a primary temporary residence permit with the status of business immigrant for a period of up to 90 days.
2. Registration of a legal entity or purchase of a share of an existing business.
3. Renewal of temporary residence permit with the status of business immigrant for up to 12 months.

Stage 1 – ENTRY INTO KAZAKHSTAN AND TRP APPLICATION

Each stage has its own requirements. At the first stage, you must provide a criminal record clearance certificate, a certificate confirming no ban on conducting business activities, medical certificates, the property owner’s consent for residence, fingerprinting data, and other documents. The TRP is issued to the individual (property owner).

IMPORTANT: before arriving in Kazakhstan, you must obtain a criminal record certificate from your country of citizenship and a certificate confirming no ban on conducting business activities. These certificates are valid for 180 days from the date of issue. In some cases, the certificate can be obtained at consular offices in Kazakhstan.

The initial filing is made in the Public Service Center at the place of registration of the property owner.

What Are the Deadlines for Obtaining a TRP?

• For citizens of Armenia, Belarus, Kyrgyzstan, Russia, Azerbaijan, and Tajikistan — within 90 days from the date of entry into Kazakhstan. It is important to comply with the rule of no more than 90 days of stay within any 180-day period.
• For citizens of Uzbekistan — within 30 calendar days from the date of entry into Kazakhstan. It is important to comply with the rule of no more than 90 days of stay within any 180-day period.

Stage 2 – LEGAL ENTITY REGISTRATION

After obtaining a temporary residence permit with the status of business immigrant, the procedure for registration of a legal entity takes 5-7 working days on average. Sometimes the procedure can take up to 10-15 days.

Stage 3 – OBTAINING A TRP FOR 1 YEAR

The TRP application process takes 2–5 business days from the date of application registration. The personal presence of the foreign national in Kazakhstan is required. Unlike Stage 1, here the application is filed on behalf of the legal entity at the company’s registration address.

List of required documents:

1. Application form (the form can be obtained at the Public Service Center);
2. Identity document of the foreigner with whom the Agreements on visa-free stay have been ratified;
3. IIN;
4. Medical insurance, covering primary medical and sanitary care and specialized medical care in hospital conditions in emergency form on conditions determined by agreement of the parties, in compliance with the minimum requirements established by the Laws of the Republic of Kazakhstan, except for citizens of countries of the Eurasian Economic Union;
5. Notarized consent from the property owner for the immigrant’s residence;
6. Medical certificate confirming the absence (presence) of diseases that prevent labor activity, i.e. medical certificate of 028/u form;
7. Certificate of undergoing dactyloscopy;
8. Notarized power of attorney from the property owner for obtaining a temporary residence permit (if the authorized person submits the application);

After opening a legal entity on the basis of a letter of application by the local executive bodies for entrepreneurship with the necessary list of documents, a temporary residence permit is issued for one year with the possibility of annual extension up to 3 years.

FAQ:

1. Does a foreign citizen need to be personally present on the territory of the Republic of Kazakhstan to apply for a business immigrant’s temporary residence permit?

Yes, border crossing will be required. We can submit the documents by Power of Attorney, but we attach the original passport and a copy of the notification of entry into Kazakhstan.

2. Where can I get a certificate of absence of criminal record?

There are several options: 1. To get a certificate in the country of citizenship 2. To get a certificate in consular offices in the territory of the Republic of Kazakhstan.

3. Where are medical certificates issued?

Medical certificates can be issued either in your country of citizenship or in Kazakhstan. To minimize risks, we recommend doing this in Kazakhstan. The medical certificate is valid for 90 days.

4. What authority issues a certificate of absence of a ban on entrepreneurial activity for registration of a business immigrant’s temporary residence permit?

This certificate raises the most questions. Most countries issue such certificates, but there are some where their issuance is not provided for. In practice, if such a certificate is not available in the country of citizenship, an alternative is a certificate of no tax arrears with a live signature and official seal. For citizens of the Russian Federation, a certificate confirming absence from the disqualified persons list obtained from the Tax Authority at the place of residence in Russia is also accepted. However, requirements vary by city and region, so it is advisable to clarify with the migration service office before submission

5. 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 an individual submit the documents himself?

Yes, if the LLP has not yet been registered, the TRP with business immigrant status is issued based on the application of the individual (property owner). In this case, the TRP is issued for 3 months. The foreign national is expected to register the legal entity within that period. After registration, the company submits a petition for a TRP for up to 12 months.

Important note: the TRP application form for a business immigrant is issued at the PSC at the property owner’s registration address. If the consent for residence was issued in Almaty but the property owner is registered in Astana, then the TRP application must be submitted in Astana.

6. A foreign citizen came to Kazakhstan to open an LLP. Does not plan to reside in Kazakhstan. Stayed in a hotel. Who should provide consent to stay?

Such situations arise quite often. Unfortunately, the legislation does not prescribe the norms of staying in a hotel when applying for a business immigrant’s temporary residence permit. Thus, in any case it is necessary to execute the Consent of the property owner for accommodation, even if you do not plan to reside in the Republic of Kazakhstan after opening a legal entity.

Important note: consent for residence must be obtained from all property owners. If the owner is married, consent from the spouse may also be required. The exact number of owners can be found in the property encumbrance certificate available through Egov.

7. What is the protocol of action if a foreign citizen has entered the Republic of Kazakhstan and only plans to register a company?

• Entry into the Republic of Kazakhstan and filing a notice of entry;
• Registration of IIN;
• Collecting documents for the primary temporary residence permit from an individual person (medical examination, dactyloscopy, consent from the owner of the apartment, etc.);
• Submission of documents for a temporary residence permit and obtaining a permit;
• Registration of a legal entity;
• Application for a multiple-entry temporary residence permit.