What is it TRP or RVP in Kazakhstan? Protocol of hiring foreign nationals from EAEU countries (Russia, Kyrgyzstan, Armenia, Belarus)

In this article we will tell you about the step-by-step actions of hiring citizens of the EAEU countries. It will help you understand the algorithm, as well as avoid violations of the law.

1. First of all, it is required to calculate the period of stay of a foreign employee in Kazakhstan. At the moment, it is allowed to stay for a total not more than 90 days during a 180-day period. The calculation of the permitted period of 90 days is carried out by calculating from the date of actual entry 180 calendar days back. If the deadline is exceeded, then a decision is made to refuse to issue a TRP.
2. Submission of a notification to the migration service about the arrival of a foreign employee within 3 working days from the date of entry into the Republic of Kazakhstan. This can be done on purpose at the Migration Service at the place of residence of the foreigner or online on the portal vmp.gov.kz.
3. Purchase a local SIM card.
4. Apply for an IIN. You need to have a foreign passport or a notarized translation of the general civil passport for some countries (Russian Federation). Also, if there is a notarized power of attorney, IIN can be obtained by trusted person. The IIN must be issued on the passport for which the TRP is issued. Otherwise, it is required to adjust the IIN.
5. Registration in the database of mobile citizens.
6. Getting an EDS.
7. Passing a medical examination and receiving form 075 (if you have an EDS, certificate from a drug and psychiatric dispensary, could be received on the egov portal).
8. Conclusion of an employment contract.
9. Registration of an employment contract in the USAEC.
10. Registration of a package of documents for obtaining a temporary residence permit (TRP) at the place of residence of the foreigner. There is such a service on the egov portal, but in practice it does not work. Since the documents sent through the website are not seen by the state body due to technical problems.

List of required documents for an assignee:

• Original of passport.
• Original of EC
• Screenshot of EC from USAEC
• The original of the order for the head, if he will submit documents for the TRP or the original of the power of attorney for the employee of the organization who will submit documents for the TRP
• The consent of the owner of the apartment for the residence of a foreign citizen
• Application form from an employer
• Registration code of the address (RKA) at the place of registration of the employer and residence of the foreigner
• Application form from an employee
• Copy of notification on arrival
• An order to terminate the EC, when reissuing the TRP due to a change of place of work.

List of required documents for dependents:

• Marriage certificate for the spouse – original or notarized copy. Sometimes, depending on the country of issue of the document, a legalization or apostille procedure may be required.
• Birth certificate for children over 16 years old – original or notarized copy. Sometimes, depending on the country of issue of the document, a legalization or apostille procedure may be required.
• Original passports
• A copy of the TRP of the main applicant.
• A copy of the passport of the main applicant
• Notification on arrival
• Application form from an employer
• The consent of the owner of the apartment for the residence of a foreign citizen
• Application form from dependents

11. Obtaining a TRP. According to the law, the term for the provision of services by the state body is 1 business day, but in practice, documents are submitted several times due to frequently occurring technical problems. The reasons for refusal may be: the provision of an incomplete package of documents, the absence of scanned documents (technical error), etc. The TRP is issued for up to one year, if the terms of the passport and the employment contract allow it.

After receiving the TRP, it is important to track its validity period and submit documents for an extension for another one year in advance. And it is also required to submit notifications after each arrival of a foreigner, change of his residence address and change of permanent residence address within the country (business trips, trips).

How long does it take to make a TRP in practice?

According to Chapter No. 2, paragraph No. 9 of the “Rules for the issuance of temporary and permanent residence permits to foreigners and Stateless persons in the Republic of Kazakhstan“, the period for consideration of the application form for the issuance of a TRP is 1 working day. However, in practice it takes from 3 to 7 working days, since technical errors often occur on the portal.

How much does the registration of the TRP cost? Are there any consular fees or government fees?

No, no fees or charges are paid for the registration of the TRP.

What happens if we have an employee working without a TRP?

A foreign employee and employer have 90 days within a 180-day period to conclude an employment contract and issue a TRP. In the opposite case, there are two scenarios: 1. A foreign specialist leaves the Republic of Kazakhstan and visits as free days are released at the rate of 90-180. 2. The company draws up a TRP.

If these conditions were not met, then a fine is issued to the employer and to the employee himself.

What penalties are provided by the legislation if we forgot to extend the TRP, and the foreigner did not leave?  

Violation of the legislation in the field of migration of the population, expressed in not leaving the Republic of Kazakhstan after the expiration of the term, entails a warning / fine / expulsion in accordance with Articles 517 and 518 of the Administrative Code of the Republic of Kazakhstan.

On a foreign citizen:

• within 3 days – warning;
• more than 3 before the expiration of 5 days – a fine of 10 MCI;
• more than 5 before the expiration of 10 days – a fine of 15 MCI.
• over 10 days – a fine of 25 MCI or administrative expulsion from the Republic of Kazakhstan.

To the receiving side:

• warning to individuals;
• a fine on officials, small businesses or non-profit organizations in the amount of 10 MCI;
• a fine on medium–sized businesses – in the amount of 15 MCI;

a fine on large business entities – in the amount of 25 MCI.