Kazakhstan Immigration: new rules of work permit processing adopted

We would like to inform you that the new rules of obtaining work permits (WP) in Kazakhstan took force on July 1, 2023. This includes WPs obtained under the procedure of intra-corporate transfer (ICT).

Which law introduces the changes?

Order of the Deputy Prime Minister – Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No. 279 dated June 30, 2023. Link to the text (in Russian)

What are the changes?

1. A WP can be issued for the purpose of work in multiple regions (or republican cities) at the condition of an approval granted by the executive body of each additional region. The approval is part of the WP application processing. In this regard,

  • The approval may be given only within the quotas allocated for each relevant region

  • The state fee is to be paid to the budget of each region (under the ICT procedure no state fees are collected)

2. Changes in the rules of obtaining WPs under the regular procedure are as follows:
  • When calculating the foreign-to-local ratio (which must be at least 70% of local employees belonging to categories 1 and 2 and at least 90% of local employees belonging to categories 3 and 4) the company must also account for the employees engaged under the contracts for outstaffing services.

Intermark comment

We remind you that the conditions of obtaining work permits such as state fee rates and the maximum validity period vary depending on the category of the hired employee:
  • Category 1 – chief company executives and their deputies
  • Category 2 – heads of structural divisions
  • Category 3 – specialists
  • Category 4 – skilled workers

  • The exemption from the foreign-to-local ratio requirement will apply to representative and branch offices of foreign entities, which employ up to 10 individuals (previously – up to 30 individuals).

  • The processing time of making the decisions to renew a WP has been decreased from 3 to 2 business days.

3. Changes in the rules of obtaining WPs under the ICT procedure are as follows:
  • The requirement to submit vacancy reports to the employment center has been cancelled. Previously, such reports were mandatory, and the WP application could be accepted no earlier than 15 days after submitting such a report.

Who is affected?

Employers of foreign nationals who require work permits in Kazakhstan.

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