What is a Work Permit in Kazakhstan?

A work permit in Kazakhstan is an official document that allows foreign nationals to legally reside and work in the country. It enables them to enter into employment agreements and pursue jobs in various sectors across Kazakhstan.

How Long Does It Take to Obtain a Work Permit?

The process of obtaining a work permit in Kazakhstan typically takes around one month, provided all necessary documents are submitted on time. Both the employer and employee are responsible for providing the required documentation. The process includes submitting application forms, translating and notarizing personal documents, and completing the C3 visa procedure if necessary. The timeline can vary based on how quickly the employer and employee submit the necessary documents.

Required Documents for a Work Permit Application

For Foreign Nationals:
To qualify for a work permit in Kazakhstan, foreign nationals must provide:

• University degree with an apostille or legalization mark.
• Passport copy (photo page).
• CV for work experience verification.
• Education and experience that align with the job title.

For Employers:
Employers must submit the following:

• Charter documents (registration certificate, charter).
• Proposed job title and duties for the foreign national.
• Staff schedule showing the ratio of foreign to local employees.
• Details on current and future projects.
• Business plans.

Certain job categories have specific requirements for the local-to-foreign employee ratio:

• 1st and 2nd category employees: At least 70% locals.
• 3rd and 4th category employees: At least 90% locals.

What If the Foreign National Does Not Have a University Degree?

Kazakhstan has amended its legislation to attract highly qualified foreign specialists. However, for 1st and 2nd category positions (managerial roles), it may be challenging to obtain a work permit without a university degree. For 3rd and 4th category roles, vocational education may suffice. Higher qualifications generally make the work permit process easier and reduce government fees.

The Work Permit Process: Step-by-Step

1. Analyze and review the foreign national’s qualifications.
2. Choose a job title that matches the specialist’s background.
3. Begin the work authorization process.
4. Translate and notarize personal documents.
5. Submit application forms and register on the e-license portal.
6. Labor Department review.
7. Committee evaluation.
8. Receive notification of approval or rejection.
9. Pay the government fee within 10 business days.
10. Obtain the work permit.

Post-Work Permit Procedures

After receiving a work permit, additional steps include:

• C3 visa processing or Temporary Residence Permit (TRP).
• Registering for an IIN in Kazakhstan.
• Submitting arrival notifications.
• Filing monthly reports.
• Renewing the work permit as needed.
• Briefing foreign employees on Migration Authority requirements.

Potential Issues in the Work Permit Process

Several red flags can complicate the work permit process:

• Limited quota availability.
• Lack of university or college degrees.
• Absence of legalization or apostille marks.
• Mismatched qualifications and job titles.
• No sponsoring entity registered in Kazakhstan.
• Failure to meet the local employee ratio.

Can Dependents Accompany the Foreign Specialist?

Yes, dependents such as a spouse and children under 18 can accompany the foreign specialist. They will require additional documents, including birth and marriage certificates with legalization or apostille marks, to obtain a C3 visa.

Is it Possible to Work in Different Cities with One Work Permit?

A work permit is valid only in the city where it was issued. Employers can send foreign nationals on business trips to other regions, but the total number of days per calendar year should not exceed 90. For longer stays, a new work permit is required for that region.

Can a Foreign National Hold Multiple Jobs or Positions?

Yes, a foreign national can work in multiple companies or hold multiple positions within the same company, but separate work permits must be obtained for each job or position.

Are There Any Privileges Based on Citizenship?

Citizenship does not typically affect the work authorization process in Kazakhstan. However, citizens of the Eurasian Economic Union (EAEU) countries—Russia, Belarus, Armenia, and Kyrgyzstan—do not need a work permit and can apply for a Temporary Residence Permit (TRP) instead.

What Are the Costs Associated with Obtaining a Work Permit?

The government fee for a work permit varies based on the job title and business activity. In 2022, the fee ranged from 137 MCI (approximately 419,631 KZT) to 250 MCI (around 765,750 KZT). An additional consular fee for the visa, typically 30 MCI (91,890 KZT), is also required.

What Are the Risks If a Foreign National’s Job Title Does Not Match the Work Permit?

It is crucial that the job title in the work permit matches the actual position held by the foreign national. Discrepancies can result in fines and the cancellation of the work permit. The penalties are significant, especially for large businesses, and increase if the violation occurs multiple times within a calendar year.

Are There Penalties for Working Without a Work Permit?

Yes, significant penalties apply if a foreign national works without a valid work permit. The fines vary depending on the business size and the specific violation, ranging from 30 MCI for individuals to 1,000 MCI for large businesses.

Can Foreign Nationals Work in Kazakhstan Without a Work Permit?

While there are standard procedures for obtaining a work permit, there are also exemptions and special visa categories that may allow certain foreign nationals to work in Kazakhstan without a permit.