The rules for issuing permits attracting foreigners to work have changed

By order of the Minister of Labor and Social Protection of the Population of the Republic of Qazaqstan dated September 30, 2020, amendments and additions were made to the Rules and conditions for issuing or extending permits to employers to attract foreign labor, as well as the implementation of intra-corporate transfer.

In particular, the issuance of permits to attract seasonal foreign workers is carried out according to the list of professions determined in accordance with the Law on Employment of the Population.

Permits to attract foreign labor are issued for a period of:

1) for the first category – on the basis of the employer’s application for one, two or three years, with the right to extend the permit for one, two or three years;
2) for the second and third categories – for 12 months, with an extension for a period of 12 months, but no more than three times;
3) for the fourth category – for 12 months without the right to renew;
4) for seasonal foreign workers – up to 90, 180, 270, 365 calendar days, without the right to renew.

At the same time, the permit to attract foreign labor is not renewed in the following cases:

  • exceeding the size of the allocated quota;
  • non-compliance by the employer with the conditions established by paragraph 16 of the Rules;
  • failure to fulfill obligations to replace foreign labor in the fourth category;
  • establishment of the fact that the employer attracted foreign workers without a permit, as well as the involvement of a foreign employee
  • in a profession or specialty that does not correspond to the profession or specialty specified in the permit. In these cases, the permits are not renewed within 12 months from the date of establishing such a fact.
  • The order entered into force on January 1, 2021.

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