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Kazakhstan investor visa (C5)

Kazakhstan investor visa (C5)

In order for foreign nationals to engage in commercial activities within Kazakhstan, it is a prerequisite to obtain the appropriate category of visa (Kazakhstan investor visa (C5). Entrepreneurial pursuits entail acquiring a stake in a company or establishing a legal entity, branch, or representative office within the jurisdiction of Kazakhstan.

Foreign citizens are precluded from registering a Limited Liability Partnership (LLP) without obtaining a C5 visa designated for business immigrants. Pursuant to subparagraph 2 of paragraph 2 of article 40 of the Law of the Republic of Kazakhstan “On Migration of the Population,” individuals who have not obtained a visa categorized for business immigration are prohibited from serving as founders or participants in commercial entities. It is noteworthy that such visas are exclusively granted to adults (persons of legal age).

Procedure for obtaining a business immigrant visa (Kazakhstan investor visa (C5)

The process for obtaining a business immigrant visa (Kazakhstan investor visa (C5), specifically the C5 visa, entails two stages.

Stage one involves acquiring a single-entry visa for a maximum of 90 days within the applicant’s country of citizenship or permanent residence. This initial visa is mandatory and may be obtained upon arrival at specified international airports in the Republic of Kazakhstan. The issuance of this visa relies upon an invitation from a Kazakh company, supported by a visa support number endorsed by the Migration Service of the Ministry of Internal Affairs of the Republic of Kazakhstan. In the absence of an established company, an invitation from a law firm responsible for the prospective legal entity’s registration is permissible.

Required documents for stage one include medical certificates affirming the absence of specified diseases prohibiting entry into Kazakhstan, medical insurance, a certificate of no criminal record issued by the relevant authority of the applicant’s country of citizenship or permanent residence, and certificates indicating no prohibition on entrepreneurial activities based on court decisions.

The timeframe for obtaining the visa support number typically ranges from 5 to 7 business days post the invitation letter’s registration. However, in exceptional circumstances, the review process may extend up to 30 calendar days due to National Security Committee approval. Additional time is necessary for visa insertion at Kazakhstan’s embassies/consulates abroad.

Upon obtaining the single-entry C5 visa, the foreign specialist is required to:

– Register a commercial organization or become a shareholder in existing commercial entities within Kazakhstan during the visa’s validity period.

– Deposit a sum of money not below the minimum amount stipulated by Kazakhstan’s legislation into a second-tier bank upon registering a legal entity to establish its authorized capital.

Stage two involves potential extension of the single-entry C5 visa to a multiple-entry visa, if necessary. This is accomplished by submitting appropriate documentation to the Migration Service authorities at the company’s registered location. A multiple-entry visa, valid for up to 2 years (or 3 years for ethnic Kazakhs), may be granted.

Documents required for stage two include:

– An application letter from the company.

– Power of attorney for a company representative.

– Original passport of the foreign specialist.

– Completed and signed visa application form.

– One color photo (3.5*4.5).

The processing period for document review during both visa issuance and extension typically ranges from 7 to 10 business days. However, delays of up to 30 calendar days may occur due to coordination with the National Security Committee of the Republic of Kazakhstan as per the Rules for issuing invitations and visas.

Red flags in the C5 visa application process include the presence of diseases, criminal records, or business prohibitions in the applicant’s background, which may lead to visa denial. Failure by the foreign specialist to fulfill company registration and capital deposit obligations within the stipulated timeframe may result in a shortened stay in Kazakhstan upon request from local executive bodies.

Additionally, incomplete document packages or non-compliant business plans may lead to local government’s refusal to grant consent for multiple-entry visa issuance.

Dependents, including spouses married for at least three years, children under 18 (including adopted children), unmarried children over 18 who are unable to support themselves due to health reasons, and dependent disabled parents, may apply for a visa for family reunification (C2 visa). The duration of a multiple-entry C2 visa can be up to 1 year, and adult foreign citizens holding C2 visas may engage in work activities.

Founders of companies under the C5 visa are permitted to work as directors, as the C5 visa allows for work activities in accordance with relevant legislation.

Additional obligations for employers and foreign employees following the issuance of a C5 visa include submitting notifications and obtaining an Individual Identification Number (IIN).