Temporary Residence Permits And C5 Visas For Business - Immigrants Staying In The Republic Of Kazakhstan

1. Regulatory Context

Migration formalities for foreign nationals in Kazakhstan require both the host party and the foreign national to follow a sequence of formal procedures. The purpose of stay of business immigrants, the existence of a proper legal basis for residence, timely notification of arrival, and compliance with the requirements applicable to conducting business activities are of significant importance for business immigrants.

The Law of the Republic of Kazakhstan On Migration of the Population (the Law) defines a temporary residence permit (a TRP) as follows: a document issued by the internal affairs authorities to immigrants who meet the requirements established by the legislation of the Republic of Kazakhstan, granting them the right to reside in the Republic of Kazakhstan for a specified period depending on the purpose of stay. Nationals of EAEU Member States are required to obtain a TRP, while other foreign nationals require a C5 visa.

 

Companies and employers should take into account the risk that visa-free entry in itself does not remove the need to complete migration formalities required for the actual purpose of stay. Accordingly, before a foreign national commences activities, it is important to determine whether the individual qualifies as a business immigrant, whether a TRP or a C5 visa is required, and who will act as the host party.

1. Who Requires a TRP or C5 Visa

A mandatory condition for business immigrants to stay in the Republic of Kazakhstan is conducting business activities. To lawfully stay and conduct such activities, a business immigrant must obtain either a TRP or a C5 visa, depending on the individual's nationality and the applicable entry regime.

• Nationals of countries with which Kazakhstan has ratified agreements on visa-free entry and stay may apply for a TRP.
• Nationals of EAEU Member States do not require a C5 visa.
• Other foreign nationals require a C5 visa, which must be obtained from an embassy/consular office before entering Kazakhstan.
• The requirement to obtain a TRP or C5 visa does not apply to immigrants holding a foreign national's residence permit or a stateless person's certificate.

2. Key Requirements for a Business Immigrant

The mandatory conditions for business immigrants to stay in the Republic of Kazakhstan are established by law and include the following:

• have reached the age of majority;
• provide a medical certificate confirming the absence of diseases precluding employment;
• hold medical insurance covering primary healthcare and specialised emergency inpatient medical care;
• provide confirmation of the presence or absence of a criminal record and of any court-imposed prohibition on conducting business activities;
• register a commercial organisation or become a participant (shareholder) in a commercial organisation in the Republic of Kazakhstan within two months from the date of entry.

Compliance with these requirements should be verified before filing an application: the absence of any mandatory document may prevent the issuance of a TRP/C5 visa.

3. HR and Migration Risk Management

Although a TRP and C5 visa are issued to the foreign national, a substantial part of the procedural obligations in practice rests with the host party. A foreign national cannot submit a TRP application independently: it must be submitted by the owner of the accommodation, the employer, or a registered legal entity that provides accommodation or acts as the host party.

For HR, legal and compliance functions, this means that migration formalities should be integrated into the process for admitting a foreign national to carry out activities in Kazakhstan. The legal basis for the stay should be determined in advance, the documents collected, the arrival notification submitted, and the deadlines for subsequent obligations monitored.

Key Control Points for the Employer and Host Party

• The host party must submit a foreign national's arrival notification through e-Qonaq within three business days of the foreign national crossing the border.
• Failure to submit the notification or comply with the deadline may constitute grounds for refusal of a TRP/C5 visa and may result in administrative liability in the form of a fine.
• The foreign national's passport must remain valid for at least the entire period for which the TRP/C5 visa is requested.
• The foreign national must have a valid Individual Identification Number (IIN) and be registered in the Mobile Citizens Database.
• Mandatory fingerprint registration must be completed before the application is submitted.
• Documents issued by foreign authorities, including certificates concerning criminal records and prohibitions on conducting business activities, should be obtained in advance.

4. Documents and Procedure for Obtaining a TRP/C5 Visa

1) Standard-Form Application
The document may be submitted only by the host party, namely, the owner of the accommodation, the employer, or a registered legal entity (the foreign national may not submit it independently). The application form must be signed by the person providing the accommodation.

2) Foreign National's Passport
A valid international passport with a validity period no shorter than the period of the requested TRP. The foreign national must be a resident of a country with which the Republic of Kazakhstan has ratified an agreement on a visa-free regime.

3) Medical Insurance
To obtain a TRP or C5 visa, a medical insurance policy must be issued by a Kazakhstan insurance organisation and must cover primary healthcare and specialised emergency medical care.

4) Fingerprinting
Since 2024, this procedure has been mandatory for all foreign nationals applying for a TRP/C5 visa. The individual must apply to the district migration police unit or the Public Service Centre (PSC) at the place of temporary residence.

5) Medical Certificate Form 028/u
Form 028/u confirms the absence of diseases included in the list of diseases precluding temporary stay.

6) A 3 × 4 Photograph Must Be Prepared in Advance

7) Certificate of No Criminal Record and No Prohibition on Conducting Business Activities
Business immigrants must obtain this document from the competent authorities of their country of nationality. Nationals of the Russian Federation are required to submit two separate documents: a certificate confirming the presence/absence of a criminal record; and a certificate confirming the absence of a criminal record in cases involving disciplinary liability.

8) Foreign National's Arrival Notification (e-Qonaq)
The host party must submit the notification through the egov.kz portal strictly within three business days of the foreign national crossing the border. Failure to submit the notification or comply with the deadline constitutes grounds for refusal of a TRP and the imposition of an administrative fine.

9) Foreign National's Individual Identification Number (IIN)
The business immigrant must also complete mandatory registration in the Mobile Citizens Database and have a valid IIN, as this is a prerequisite for submitting a business immigrant's TRP application.

10) Additional Documents for Business Immigrants (C5 Visa):

• The approval of the local akimat is required, together with a document confirming the contribution to the charter capital; the relevant obligation must be fulfilled within two months after registration of the limited liability partnership (LLP);
• A business plan is also required.

5. How We Can Help

We provide foreign investors, companies and their employees with comprehensive support in relation to migration formalities in Kazakhstan, including determining the applicable regime, preparing and submitting documents, obtaining the necessary permits, and ensuring compliance with migration requirements. The scope of services is determined taking into account the foreign national's nationality, the purpose and duration of their stay, and the structure of the project or investment.