Since May 28, 2024, amendments to the Law of the Republic of Kazakhstan on migration of population came into force and the most tangible change was made in paragraph 2 of Article 40 of the Law of the Republic of Kazakhstan on migration of population in the new wording: “It is prohibited to establish a legal entity, as well as participation in the authorized capital of commercial organizations by joining the participants of legal entities to foreigners who have not received an entry visa or temporary residence permit as business immigrants, with the exception of immigrants who have a foreigner’s residence permit or a certificate of a stateless person.”

Accordingly, from May 28, 2024, in order to register an LLP with a foreign founder as a natural person, citizens of the following countries: Republic of Armenia, Republic of Belarus, Kyrgyz Republic, Russian Federation, Republic of Uzbekistan, Republic of Azerbaijan, Republic of Tajikistan are required to obtain a residence permit as a business immigrant.

An obligatory condition for business immigrants to stay in the territory of the Republic of Kazakhstan is the implementation of entrepreneurial activities, the initial receipt of TRP as a business immigrant can be obtained only for 90 calendar days and during the allotted time it is necessary to fulfill the following conditions: to register a commercial organization in the Republic of Kazakhstan or to become a member of participants (shareholders) of commercial organizations operating in the territory of the Republic of Kazakhstan, to contribute to the second-tier bank of the Republic of Kazakhstan. In case of non-fulfillment by business immigrants of the obligations established by the Law of the Republic of Kazakhstan on Migration of Population, the bodies of internal affairs on the basis of a petition of local executive bodies make a decision to reduce the period of stay of business immigrants for the period necessary for their voluntary departure.

 

List of documents to obtain a Business Immigrant’s TRP:

  1. medical certificate confirming the absence of diseases that prevent labor activity (medical certificate of 028/u form);
  2. medical insurance covering primary medical and sanitary aid and specialized medical aid in inpatient 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;
  3. confirmation of the presence or absence of a criminal record and prohibition to carry out entrepreneurial activities on the basis of a court decision in the state of citizenship and/or permanent residence, issued by the competent authority of the relevant state.
  4. notarial agreement
  5. dactyloscopy
  6. IIN