Exemptions from Rules, list of foreign nationals who does not require a work permit

According to legislation of the Republic of Kazakhstan, foreign nationals need a work permit from local executive bodies to carry out their work. This process is described in the article – Work permit application process. However, there is a list of nationals who do not need a work permit. These categories of employees go under simplified procedure.

What are the advantages of simplified procedure for an employer?

• Work authorization process is faster.
• Less expenses, since there is no need to pay a state fee for a work permit.
• A quota for attracting foreign labor is not required .
• To apply for a work visa, you do not need to provide University degree and no need to undergo the procedure of legalization or apostille. Exemptions: teachers from countries which have an international agreements with Kazakhstan in education.

This list of persons includes the following foreign citizens and stateless persons:

1. Kandases are ethnic Kazakhs and members of their families of Kazakh nationality who were not previously citizens of the Republic of Kazakhstan, who arrived in their historical homeland and received the appropriate status in accordance with the procedure established by Law. Kandasy receive a number of benefits in the Republic of Kazakhstan, such as assistance in finding employment and advanced training for mastering a new profession, studying Kazakh and Russian languages, exemption from military service in the Republic of Kazakhstan, opportunities to study at universities and institutions of secondary vocational education, payment of pensions and allowances, free medical care, allocation of funds for the purchase of housing in RoK etc.
2. Business immigrants who arrived to carry out entrepreneurial activities.
3. Those who have received the status of a refugee. Refugees are people who had to leave their native country, justifiably fearing for their lives or freedom, while they cannot enjoy the protection of their state. At the same time , the refugee status is issued in the following conditions:

• persecution based on race, nationality, religion, citizenship.
• belonging to a certain social group.
• political beliefs are outside the country of their citizenship.

A refugee has the right to medical care, judicial protection, has the right to open his own business and get a job. The only difference is that when a refugee is employed, he is registered as a simple hired worker who does not deduct pension contributions.

4. Immigrants arriving for humanitarian reasons: a “B1” visa is issued on the basis of a document confirming the accreditation of the inviting employer company, if there is an international agreement on the provision of humanitarian assistance ratified by the Republic of Kazakhstan.
5. Convicted by the sentences of the courts of the Republic of Kazakhstan to imprisonment, probation, to punishments not related to isolation from society.
6. Who are victims of human trafficking for the period of the proceedings on a specific criminal case related to human trafficking, until the court verdict comes into force.
7. Arriving in the Republic of Kazakhstan for the purpose of family reunification, who have reached the age of 18, are the spouse of a citizen of the Republic of Kazakhstan and have been married for at least 3 years, recognized by the legislation of the Republic of Kazakhstan.
8. Full-time students and at the same time working in educational institutions of the Republic of Kazakhstan in their free time.
9. Citizens of the EAEU countries (Russian Federation, Belarus, Armenia, Kyrgyzstan).
10. Who are members of the crews of sea and river vessels, air and rail transport.
11. Working as artists, directors, conductors, choirmasters, choreographers, athletes and coaches.
12. Working in companies that are participants and bodies of the Astana International Financial Center (AIFC): a working visa of category “C3” is issued for up to 3 years.
13. Specialists in the creation of a space rocket complex and the operation of ground-based space infrastructure facilities involved in the framework of international agreements of the Republic of Kazakhstan on cooperation in the field of aerospace activities.
14. Carrying out pedagogical activities in accordance with the international agreements of the Republic of Kazakhstan on cooperation in the field of education in organizations of secondary, technical and vocational, post-secondary and higher education of the Republic of Kazakhstan, but making up no more than 25 percent, and for implementing international integrated educational curricula – no more than 50 percent of the staff of the organization. International agreements have been concluded with India, China, USA, Korea, Mongolia, Vietnam, Bulgaria, Romania, Estonia, Saudi Arabia, Pakistan, Egypt, Syria, Oman, UAE, Spain, France, Finland, Great Britain and other countries. You can find out the full list from DOS consultants.
15. Professors and university teachers who have been established and assigned a special status by the legislation of the Republic of Kazakhstan, as well as those working in higher educational institutions as managers and teachers with higher education with confirmed documents in accordance with the procedure established by the legislation of the Republic of Kazakhstan, and who train personnel for economic sectors.
16. The first heads of branches or representative offices of foreign legal entities, as well as the first heads of Kazakhstan LLP and their deputies with 100% foreign participation in their authorized capital.
17. Those who arrived in the Republic of Kazakhstan on a business trip for a business purpose, the duration of which does not exceed 120 calendar days in total during one calendar year from January 1 to December 31.
18. Working as the first heads of organizations that have concluded contracts with the Government of the Republic of Kazakhstan for the amount of investments in the monetary equivalent of more than 50 million US dollars, and the first heads of legal entities of the Republic of Kazakhstan that carry out investment activities in priority activities and have concluded a contract with the authorized investment authority: an investor visa is issued by the Ministry of Internal Affairs of the Republic of Kazakhstan on the basis of an invitation or a petition of the inviting company when the presence of a petition of the Investment Committee or on the basis of a petition of the AIFC Administration.
19. Working in the national management holding in positions not lower than heads of structural divisions with higher education with confirmed documents in accordance with the legislation of the Republic of Kazakhstan.
20. Attracted to work as members of the Board of directors of the national management holding.
21. Those who have received an investor visa, with the exception of family members, as well as dependent persons: investor visas issued to foreign citizens applying as an individual.

The list of exceptions for persons who do not require a work permit is approved by Annex 2 to Resolution No. 802 of the Government of the Republic of Kazakhstan dated 12/15/2016.

In order to work in the Republic of Kazakhstan, foreign citizens and stateless persons need to conclude an employment contract with an employer and issue a visa of the appropriate category or a temporary residence permit for the possibility of staying in the Republic of Kazakhstan.

How much does it cost to get a visa?

A consular fee must be paid for visa processing. The amount of the consular fee is 30 MCI. Additionally, the services of immigration consultants are paid.

How long does the process take?

The process of issuing a visa support number takes 5 working days from the date of registration of the invitation letter. At the same time, the review may be extended up to 30 calendar days due to approval by the National Security Committee.

Where can I get a visa?

• A C3 work visa can be obtained at the Embassy/The Consulate of the Republic of Kazakhstan in the country of citizenship of a foreign specialist on the basis of an invitation letter from an employer registered in Kazakhstan.
• A C3 work visa can be obtained at the Embassy/The Consulate of the Republic of Kazakhstan in a country of permanent residence other than the country of citizenship, if there are supporting documents for long-term residence (residence permit, study or work visa).
• On the territory of the Republic of Kazakhstan at the request of the employer company. The possibility of obtaining a visa on the territory of the Republic of Kazakhstan depends on the citizenship of a foreign specialist, the availability of a current Kazakh visa and other factors.

A visa on the territory of the Republic of Kazakhstan can be obtained if a foreign specialist is in the country:

• visa-free regime
• business visa categories B2 and B3
• on a private visa of category B10
• on a family reunification visa of category C2
• on a category C3 work visa when changing the employer company
• on a C9 category study visa
• on a C10 category private visa for ethnic Kazakhs

– Upon arrival at the international airports of Kazakhstan, subject to a number of requirements. These are exceptional cases and it is necessary to coordinate the details with the Ministry of Internal Affairs of the Republic of Kazakhstan.

Is it possible to get a visa for accompanying persons?

Yes, in most cases it is possible to obtain an escort visa. At the same time, there are exceptions. Check the details with the DOS Immigration staff.

Other obligations after obtaining a work visa?

• Obtaining an IIN (individual identification number).
• Submission of a notification.