Foreign nationals planning to engage in business activities in the Republic of Kazakhstan are required to obtain a temporary residence permit (TRP) as a business immigrant.
Pursuant to paragraph 2 of Article 40 of the Law of the Republic of Kazakhstan “On Population Migration,” foreigners are prohibited from establishing legal entities or holding an equity interest in commercial organizations without obtaining a visa or a temporary residence permit (TRP) as a business immigrant.
Who is responsible for applying for a business immigrant temporary residence permit?
This requirement applies to citizens of the following countries:
- Russian Federation;
- Republic of Belarus;
- The Kyrgyz Republic;
- Republic of Armenia;
- The Republic of Uzbekistan;
- The Republic of Tajikistan;
- The Republic of Azerbaijan.
Foreign nationals from the specified countries are required to obtain a business immigrant temporary residence permit before registering a legal entity or acquiring a stake in an existing Kazakhstani LLP.
Exceptions
The requirement to obtain a business immigrant temporary residence permit does not apply to:
- foreign nationals who hold a residence permit in the Republic of Kazakhstan;
- stateless persons permanently residing in the Republic of Kazakhstan;
- foreign legal entities.
Thus, a foreign legal entity is entitled to act as a founder of a Kazakhstani LLP without obtaining a business immigrant temporary residence permit, provided that it complies with other requirements of the legislation of the Republic of Kazakhstan.
When You Need to Apply for a Temporary Residence Permit
You must obtain a business immigrant temporary residence permit:
- prior to the registration of a new legal entity;
- before becoming a partner in the existing LLP;
- prior to acquiring a stake in the authorized capital of a commercial organization.
Possession of a temporary residence permit is a mandatory requirement for conducting business activities in the Republic of Kazakhstan.
List of Documents Required for a Temporary Residence Permit
To apply for a business immigrant temporary residence permit, documents can be submitted through a Public Service Center or via the eGov.kz portal.
The main list of documents includes:
- a document proving the foreign national's identity;
- Individual Identification Number (IIN);
- a medical certificate (Form 028/U) confirming the absence of any medical conditions that would prevent the performance of work;
- health insurance that complies with the requirements of the laws of the Republic of Kazakhstan;
- a document confirming the presence or absence of a criminal record and any prohibition on engaging in business activities;
- notarized consent from the homeowner for registration at the place of residence;
- a document confirming that fingerprint registration has been completed.
Validity Period and Renewal of a Temporary Residence Permit
In accordance with Article 39 of the Law of the Republic of Kazakhstan “On Population Migration,” a temporary residence permit may be renewed annually without any limit on the number of renewals, provided that the grounds for staying in the Republic of Kazakhstan remain valid.
Change in Purpose of Stay
In practice, it is not uncommon for a business immigrant to be appointed as the first CEO of a legal entity after registering the company.
In such cases, it is permissible to change the purpose of a temporary residence permit from “conducting business activities” to “engaging in employment” if the foreign national’s activities comply with the requirements of the Republic of Kazakhstan’s immigration laws.
Frequently Asked Questions:
Is it possible to register an LLP without a business immigrant temporary residence permit?
No. Citizens of countries subject to the requirements of Article 40 of the Law of the Republic of Kazakhstan “On Population Migration” must first obtain a business immigrant temporary residence permit and then either register a legal entity or become a member of an existing limited liability partnership (TOO).
Does a foreign national with a residence permit in Kazakhstan need to obtain a business immigrant temporary residence permit?
No. Foreign nationals who hold a residence permit in the Republic of Kazakhstan are entitled to engage in business activities on an equal footing with citizens of the Republic of Kazakhstan.
Is it possible to apply for a temporary residence permit online?
Yes. Currently, you can submit documents through the eGov.kz portal if you have the required documents and an electronic digital signature.
For how long is a business immigrant temporary residence permit (TRP) issued?
As a rule, a temporary residence permit is issued for a period of up to 90 days.
Is it possible to serve as the director of an LLP after registering the company?
Yes. After registering a company, a foreign national may be appointed as the chief executive officer of the legal entity. If necessary, the purpose of stay may be changed from entrepreneurial activity to employment in accordance with the procedures set forth in immigration law.
Is a criminal record check required for a temporary residence permit?
Yes. One of the required documents is proof of the applicant’s criminal record (or lack thereof) and any restrictions on engaging in business activities in the applicant’s country of citizenship or permanent residence.
It is recommended to submit the certificate in its original form or as an official document bearing the signature of an authorized official and the seal of the competent authority. In practice, electronic certificates from certain countries that lack an electronic digital signature or other means of verifying authenticity may not be accepted by the immigration authorities of the Republic of Kazakhstan, which may necessitate obtaining a paper document.
To avoid having your documents rejected, it is recommended that you check in advance the requirements for the format of the certificate for the applicant’s specific country of citizenship.
What happens if you register an LLP without obtaining a business immigrant temporary residence permit?
Registering a business in violation of immigration laws may result in a refusal to register, the revocation of registration, or legal action in accordance with the laws of the Republic of Kazakhstan.
If you need to apply for a business immigrant temporary residence permit in Kazakhstan
We'll help you navigate the process and prepare the necessary documents based on your specific situation.
EGSAT specialists assist foreign nationals at every stage—from consultation and document preparation to submitting the application and obtaining a temporary residence permit.
More about the service:
Immigration Services — you can link to the relevant page on the website here.
We can also assist with obtaining an IIN, registering a LLP, and providing ongoing accounting and legal support for your business in Kazakhstan.
