New Developments in Kazakh Immigration Law: Impact on Foreign Businessmen and Investors

Effective 17 November 2024, the documentation required to obtain a C5 visa has been significantly reduced. Applicants now only need to provide:

The following documents are no longer required:

C5 visa holders can now apply to extend their visas through the RK immigration service without leaving the country [4]. This change removes the need for the so-called ‘visa run’ and simplifies the process by eliminating the requirement for a new visa invitation from the legal entity established by the initial C5 visa holder [5].

Please note that, within two months of entering the RK, a business immigrant is required to:

register a commercial entity in the RK or become a participant (shareholder) in a commercial entity operating in the RK; and

deposit with a second level RK bank a sum at least equal to the minimum amount prescribed by the RK legislation as the authorised capital of a legal entity to be registered [6].

Visas are extended for up to two years on the basis of a written application submitted to territorial police bodies – immigration service units [7].

Let us recall that, in order to obtain a multiple C5 visa, the first step for a company founding member is to apply for a petition letter from the akimat (a local government body) where the company is registered. This confirms the relevant body’s consent to a multiple visa being issued to a business immigrant who is the company founder.

Petition letters are issued within 15 business days. An application needs to be submitted to the akimat, together with a business plan including complete information about the company’s activities, a description of its projects and their objectives, an implementation plan and the proposed investment.

To sum up, Kazakhstan has simplified the procedure for obtaining and extending C5 visas for business immigrants and introduced new visa categories for attracting foreign investors, sought-after professionals and so-called “digital nomads”.

[1] – Joint Order of the Deputy Prime Minister – Foreign Affairs Minister of the Republic of Kazakhstan No. 11-1-4/612, dated 31 October 2024, and of the Internal Affairs Minister of the Republic of Kazakhstan No. 872 , dated 31 October 2024, “On amending Joint Order of the Acting Foreign Affairs Minister of the Republic of Kazakhstan No. 11-1-2/555, dated 24 November 2016, and of the Internal Affairs Minister of the Republic of Kazakhstan № 1100, dated 28 November 2016 , “On approving the Rules for issuing invitations, endorsing entry invitations for foreigners and stateless persons to the Republic of Kazakhstan and issuing, cancelling, restoring, extending and curtailing visas to the Republic of Kazakhstan” (the “Joint Order of 31 October 2024”).

[2] – Clause 35 of the Rules approved by the Joint Order of 31 October 2024.

[3] – Clause 31 of Appendix 1 to the Rules approved by Joint Order of the Acting Foreign Affairs Minister of the Republic of Kazakhstan No. 11-1-2/555, dated 24 November 2016, and of the Internal Affairs Minister of the Republic of Kazakhstan № 1100, dated 28 November 2016 , “On approving the Rules for issuing invitations, endorsing entry invitations for foreigners and stateless persons to the Republic of Kazakhstan and issuing, cancelling, restoring, extending and curtailing visas to the Republic of Kazakhstan” (the “Joint Order of 24 November 2016”).

[4] – Clause 53 of the Rules approved by the Joint Order of 31 October 2024.

[5] – Clause 51 of the Rules approved by the Joint Order of 24 November 2016.

[6] – Clause 2, art. 40 of Republic of Kazakhstan Law No. 477-IV, dated 22 July 2011, “On population migration”.

[7] – Sub-clause 12, clause 51 of the Rules approved by the Joint Order of 31 October 2024.

[8] – Order of the Labour and Social Security Minister of the Republic of Kazakhstan No. 49, dated 20 February 2023, “On approving a list of in-demand professions for issue of permanent residence permits to foreigners in the Republic of Kazakhstan and the Rules for compiling it”.