Foreigners. Obtaining a residence in Kazakhstan and the right to own property




Persons eligible for RP

Kazakhstan RP is issued to foreigners resident in the Republic of Kazakhstan and aged 16 or over.


Procedure for obtaining RP

Two stages:

1) Issue of Kazakhstan residency authorization;

2) Issue of RP.


Required paperwork

Stage 1. Isue of residency authorization:

1) application/questionnaire

2) national passport

3) written consent from the foreigner’s country of origin citizenship (departure clearance or other document)

4) curriculum vitae

5) a statement from a Kazakhstan bank with bank account balance(s) totalling:

a) over 8500 USD

b) an amount sufficient to purchase a home at a rate of 15 square metres per family member in a population centre

6) certificate of conviction (clean conviction record) in the foreigner’s country of origin;

7) a contract or an arrangement with a Kazakhstan entity for living accommodation for the applicant and registration of residency;

8) medical certificate

9) 35x45mm photo.

The application lead time is 60 calendar days from the filing date.

Once in receipt of a residency authorization, to apply for RP in the Republic of Kazakhstan, foreigners need to file in person with a field office of ROK MVD [Ministry of Internal Affairs (MIA)] the following documents:

1) stamp duty receipt –2 USD

2) two 3.5 x 4.5 photos

3) valid national passport

4) Republic of Kazakhstan residency authorization.


RP lead time/RP term

The lead time on RP to a foreigner – 30 calendar days.

RP term – 10 years, but not longer than the expiration date of the passport of the foreigner’s country of origin.



Eligibility to acquire land


Land to build houses/structures (commercial/non-commercial) – PRIVATE OWNERSHIP

Farmland – LEASE up to 25 years

But note that this provision has been suspended until 31.12.2016 by ROK Presidential Decree.

NO PRIVATE OWNERSHIP of land for agriculture, forestry, private or commercial farming, allotment farming, gardening, building of private houses and dachas, as well as land near and along the border of the Republic of Kazakhstan.

The said suspension can be circumvented if the foreign national (a) incorporates a Kazakhstan entity – A, namely a wholly owned TOO [LLP]/AO[JSC], and then

(b) Company A alone or jointly with a third party incorporates a subsidiary LLP.

Also, the aforementioned arrangement allows to use the subsidiary LLP to acquire land zoned for commercial farming and forestry, as well as land near and along the border of the Republic of Kazakhstan.


title to farmland


Eligibility to acquire other real property




Eligibility for membership/shareholding in Kazakhstan LLP/JSC


Can incorporate and own LLPs/JSCs, except for:

1. more than 20% of the equity in the ROK media

2. private security organizations in the Republic of Kazakhstan.


Minerals development


Foreigners are eligible for minerals development licences on an equal basis with ROK nationals and corporates.


Eligibility for employment, and social security and retirement benefits


Permit for foreign workers – NOT REQUIRED

Pensions and social security benefits – SAME AS FOR ROK CITIZENS


Eligibility for free medical care


Medical care – SUBJECT TO A FEE


Eligibility for free education


General education (kindergartens, schools) – SAME AS FOR ROK CITIZENS

Higher education – FEE-BASED


Electoral franchise



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If the parties fail to identify the substantive law governing their arbitration agreement, then, depending on the jurisdiction, the arbitration tribunal can choose any substantive law from the following:

  1. The law governing the contract;
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New types of alternative (conciliation) procedures for dispute resolution in the Republic of Kazakhstan

On 1 January 2016, the new Civil Procedure Code of 31 October 2015, the Entrepreneurial Code of 29 October 2015[1], as well as the Law “On amendments and additions to some legislative acts of the Republic of Kazakhstan on improvement of the justice system” are coming into effective.[2] Among the innovations in these regulations is the promotion of alternative disputes resolution procedures (hereinafter referred to as ADR). Continue reading

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Bankruptcy settlements

13 November 2015 saw the adoption of the Republic of Kazakhstan Law to Amend Certain Legislative Acts of the Republic of Kazakhstan on Rehabilitation and Bankruptcy (hereinafter referred to as the Law). Specifically, the Rehabilitation and Bankruptcy Law received a new chapter, 6-1, Settlement, which enables the debtor and creditors to make a settlement agreement at any stage of bankruptcy proceedings in order to discontinue bankruptcy proceedings. The effective date of the amendments is 2 December 2015. Continue reading

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Application of FIDIC templates in Kazakhstan

Application of FIDIC templates in Kazakhstan

In its practice, Linkage & Mind has not infrequently come across applications of FIDIC templates in major construction projects in various industries. FIDIC templates were normally used where the contractor was a foreign company and/or the project was financed by international financial institutions[1]. In this context, the Kazakhstan party quite often tried to change the structure and contents of the contract in an attempt to harmonize it as much as possible with the Kazakhstan law and practices. In the end, the contract contained a great number of amendments and exceptions to the General Terms and Conditions set out in the FIDIC templates, and the pattern of relationship between Customer and Contractor was significantly changed from the conventional pattern described in the FIDIC templates.

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Transactions in money and/or other assets, subject to financial monitoring in Kazakhstan

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Submission of dispute between Kazakhstani companies to international arbitration court. Is it possible?

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Adequacy of creditor’s demands for recovery of losses against the pledged property

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