When attracting a foreign employee to work in Kazakhstan, it is required to apply for work permit. There are situations when a foreign national stops his employment before the expire date of a work permit or does not come to Kazakhstan after the permit is granted. In such situations, the question arises, is it obligatory to cancel the work permit? What actions should the employer take?
According to paragraph 75 of the Rules, the work permit ceases to be valid in the following cases:
- expiration of validity of the document.
- revocation of permission.
- termination of the activity of an individual employer, liquidation of a legal entity employer.
- voluntary (willful) return of the permit by the employer to the local executive body, in connection with the dismissal or non-arrival of a foreign employee for whom a permit was previously obtained or with the receipt of a new permit for the same employee.
- non-payment of the state fee for the issuance and extension of the permit.
- renewal of a permit for another foreign employee, in connection with the dismissal or non-arrival of a foreign employee for whom a permit was previously obtained.
Here in the article we will consider subparagraph 4, paragraph 75 of the Rules, the voluntary return of the permit by the employer, in connection with the dismissal or non-arrival of a foreign employee. At the same time, when the replacement of a employee is not planned.
Are there any timeframes when an employer must cancel work permit?
There are no deadlines for canceling a work permit in the rules for attracting FLF (foreign labor force). But, the fact that it is necessary to do this – the answer is unequivocal, yes, it is necessary. One of our clients had difficulties with one of the forms of TNF when checking the tax. The fact is that there was a work permit, but the foreigner left the country and the employer did not pay wages and other taxes. Thus, it was regarded as a concealment of income. We recommend applying for the cancellation of a work permit as soon as it is clear whether the company plans to replace a foreign specialist with a valid work permit or not.
Our recommendation is to cancel work permit within 3 business days if replacement is not expected. If company plans to do replacement, then our recommendation is 60 calendar days to do it.
What is the list of required documents?
- etition from an employer.
- a copy of the order on denouncement of the employment agreement.
- a copy of picture page of the passport.
- a copy of the work permit.
- power of attorney.
*If the employee has not arrived at work and the employment agreement has not been concluded, then the information is written in the letter and only copies of the passport and work permit are attached.
*If the permit is cancelled due to the receipt of a new permit for another position, then an order is attached to transfer the employee to a new position and a copy of the new permit.
How much does it cost to cancel a permit?
There is no provision for the payment of state fee for the cancellation and reissue of a work permit. Only the services of immigration consultants are paid.
How long does the process take after registering a letter?
In practice, it takes up to 15 business days to receive a response to a letter of cancellation of a permit. Then notification is granted to confirm it.
If we paid the state duty and received a work permit, but a foreign employee changed his mind about going. Is it possible to issue a refund of the amount of state duty?
Unfortunately, no. Payment cannot be refunded. There is an option if company plans to replace foreign employee by another foreigner. Then work permit can be used and payment of government fee is not required.
Does the employer have any other obligations in case of dismissal of a foreign employee?
Yes, there is a need to take care of the cancellation of a work visa. In the opposite case, if a foreign specialist decides to enter Kazakhstan, you will not be able to submit notification on arrival. In this case, the responsibility for failure to submit the notification will lie with the inviting party, and the employer’s details will be indicated in the visa.
How is the process for canceling a work visa?
There are often situations when, upon termination of employment, a foreign citizen leaves the country with a valid visa. And then he returns to Kazakhstan and works for another employer. At the same time, the responsibility (amenability) still rests on the company that is indicated in the visa itself. To minimize the risks, we recommend canceling the visa from your company. There are several options for visa cancellation:
- If a foreign employee is in Kazakhstan, you can apply for visa cancellation and get an exit visa immediately after leaving the company. Cancellation and exit visa processing takes from 3 to 10 business An exit visa fee is additionally paid. You will need an original passport of a foreign specialist who is being transferred to migration for the period of consideration. The participation of the employer is required, since the application is submitted on behalf of the inviting party.
- If a foreign employee has left the country and is located outside the Republic of Kazakhstan, the visa may be cancelled at the Embassy of the Republic of Kazakhstan abroad. The consul has the right to stamp the cancellation of the visa. Visa cancellation at the embassy is carried out within 1-2 business days. Sometimes, in cases of congestion, the passport may be delayed for several days. There are no fees for this procedure. The original passport is handed over to the embassy. The employer’s participation is not required, the application is submitted personally from the employee himself.
- Cancellation of a visa without the participation of a foreign specialist. After signing the documents on termination of cooperation and departure of the employee from the country, the employer can submit a request to cancel the valid visa in the migration database. The participation of a foreign specialist is not required.