Citizens of foreign countries planning to carry out business activities in the Republic of Kazakhstan are required to obtain a temporary residence permit (TRP) as a business immigrant.
According to paragraph 2 of Article 40 of the Law of the Republic of Kazakhstan "On Migration of the Population", foreigners are prohibited from creating legal entities or participating in the authorized capital of commercial organizations without obtaining a visa or temporary residence permit in the status of a business immigrant.
Who should apply for a temporary residence permit for a business immigrant?
The requirement applies to citizens of the following countries:
- Russian Federation;
- Republic of Belarus;
- Kyrgyz Republic;
- Republic of Armenia;
- Republic of Uzbekistan;
- Republic of Tajikistan;
- Republic of Azerbaijan.
Foreign citizens of the specified countries are required to obtain a business immigrant temporary residence permit before registering a legal entity or before acquiring a share in an existing Kazakhstani LLP.
Exceptions
The requirement to obtain a temporary residence permit for a business immigrant does not apply to:
- foreign citizens holding 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 has the right to act as a founder of a Kazakhstani LLP without obtaining a temporary residence permit for a business immigrant, subject to compliance with other requirements of the legislation of the Republic of Kazakhstan.
When is it necessary to apply for a temporary residence permit?
A business immigrant must obtain a temporary residence permit:
- before registering a new legal entity;
- before joining the participants of an existing LLC;
- before acquiring a share in the authorized capital of a commercial organization.
Having a temporary residence permit is a mandatory requirement for carrying out entrepreneurial activities in the Republic of Kazakhstan.
List of documents for a temporary residence permit
To obtain a temporary residence permit for a business immigrant, documents can be submitted through the Public Service Center or via the eGov.kz portal.
The basic list of documents includes:
- identity document of a foreigner;
- individual identification number (IIN);
- medical certificate form 028/u confirming the absence of diseases that prevent the performance of activities;
- medical insurance that meets the requirements of the legislation of the Republic of Kazakhstan;
- a document confirming the presence or absence of a criminal record and a ban on engaging in entrepreneurial activity;
- notarized consent of the owner of the property for registration at the place of residence;
- a document confirming completion of fingerprint registration.
Validity and extension of temporary residence permit
In accordance with Article 39 of the Law of the Republic of Kazakhstan “On Migration of the Population”, a temporary residence permit may be extended annually without limiting the number of extensions, while maintaining the grounds for staying in the Republic of Kazakhstan.
Change of purpose of stay
In practice, it is not uncommon for a business immigrant to be appointed as the first director of a legal entity after registering a company.
In this case, it is permissible to re-issue a temporary residence permit from the purpose of stay “carrying out entrepreneurial activity” to the purpose of “carrying out labor activity”, if the foreign citizen’s activity complies with the requirements of the migration legislation of the Republic of Kazakhstan.
Frequently Asked Questions:
Is it possible to register a limited liability company without a temporary residence permit for a business immigrant?
No. Citizens of countries covered by Article 40 of the Law of the Republic of Kazakhstan "On Migration" are required to first obtain a business immigrant temporary residence permit (TRP) and then register a legal entity or become a member of an existing limited liability partnership (LLC).
Does a foreigner with a residence permit in Kazakhstan need to obtain a temporary residence permit for a business immigrant?
No. Foreign citizens holding a residence permit in the Republic of Kazakhstan have the right to engage in entrepreneurial activity on an equal basis 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's temporary residence permit issued?
As a rule, a temporary residence permit is issued for a period of up to 90 days.
Is it possible to work as a director of an LLP after registering a company?
Yes. After registering a company, a foreign citizen may be appointed as the legal entity's chief executive officer. If necessary, the purpose of stay may be changed from entrepreneurial activity to employment, in accordance with the procedure established by immigration law.
Is a criminal record certificate required for a temporary residence permit?
Yes. One of the required documents is confirmation of the presence or absence of a criminal record and a ban on engaging in business activities in the applicant's country of citizenship or permanent residence.
It is recommended to submit the certificate in the original or in the form of an official document bearing the signature of an authorized official and the seal of the competent authority. In practice, electronic certificates from some countries without an electronic digital signature or other means of authentication may not be accepted by the migration authorities of the Republic of Kazakhstan, which may necessitate the receipt of a paper document.
To avoid refusal to accept documents, it is recommended to clarify in advance the requirements for the certificate form for the specific state of citizenship of the applicant.
What happens if you register a limited liability company without obtaining a temporary residence permit for a business immigrant?
Registering a business in violation of immigration law may result in denial of registration, cancellation of registration actions, or liability in accordance with the legislation of the Republic of Kazakhstan.
If you need to obtain a temporary residence permit for a business immigrant in Kazakhstan
We will help you through the procedure and prepare the necessary documents, taking into account your situation.
EGSAT specialists support foreign citizens at every stage—from consultation and document preparation to application submission and obtaining a temporary residence permit.
For more information about the service, see
Migration Services - here you can link to the relevant page on the website.
We can also assist with obtaining an Individual Taxpayer Identification Number (IIN), registering a limited liability partnership (LLP) , and providing further accounting and legal support for businesses in Kazakhstan.
