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

 

PROCEDURE FOR OBTAINING KAZAKHSTAN RESIDENCE PERMIT (RP)

1.

Persons eligible for RP

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

2.

Procedure for obtaining RP

Two stages:

1) Issue of Kazakhstan residency authorization;

2) Issue of RP.

3.

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.

4.

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.

RP ADVANTAGES

1.

Eligibility to acquire land

Note

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.

foreigners-obtaining-a-residence-in-kazakhstan-and-the-right-to-own-property-en

title to farmland

2.

Eligibility to acquire other real property

Note

Homes, namely FLATS – PRIVATE OWNERSHIP

3.

Eligibility for membership/shareholding in Kazakhstan LLP/JSC

Note

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.

4.

Minerals development

Note

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

5.

Eligibility for employment, and social security and retirement benefits

Note

Permit for foreign workers – NOT REQUIRED

Pensions and social security benefits – SAME AS FOR ROK CITIZENS

6.

Eligibility for free medical care

Note

Medical care – SUBJECT TO A FEE

7.

Eligibility for free education

Note

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

Higher education – FEE-BASED

8.

Electoral franchise

Note

NO FRANCHISE

APPLYING FOR REPUBLIC OF KAZAKHSTAN CITIZENSHIP

1.

Persons eligible for citizenship

1) persons legally resident in the Republic of Kazakhstan for at least five years;

2) persons married to citizens of the Republic of Kazakhstan for at least three years;

3) citizens of former Soviet republics intending to settle in the Republic of Kazakhstan and having a close relative who is a citizen of the Republic of Kazakhstan: a child (including an adoptee), a spouse, a biological/adoptive parent, a sibling or a grandparent, however long resident in the Republic of Kazakhstan.

2.

Applying for citizenship

Two procedures:

1) general procedure;

2) simplified procedure.

3.

Required paperwork

1- General procedure for applying for ROK citizenship:

1) petition (application) addressed to the ROK President

2) questionnaire/application on the prescribed form

3) curriculum vitae (no prescribed format)

4) four 3.5cm x 4.5cm photos

5) undertaking to comply with the requirements imposed by the Republic of Kazakhstan Citizenship Act, on the prescribed form

6) copy of a document proving identity and foreign citizenship

7) certificate of no citizenship issued by a competent authority of the relevant country

8) stamp duty receipt or exemption certificate.

Upon a positive outcome, the applicant applies to the Government for the People Government Corporation for ROK ID card and passport:

1) certificate of ROK citizenship granted, issued by ROK OVD [Department of Internal Affairs];

2) stamp duty receipt;

3) copy of RP.

The statutory lead time for a ROK ID card and passport – 30 calendar days.

Fast-track lead time – 7 to 15 calendar days.

2- Simplified procedure for applying for ROK citizenship:

Under the simplified procedure, whatever the period of residence, ROK citizenship is available to:

1) Oralman legally resident in the Republic of Kazakhstan;

2) rehabilitated repressees, as well as their involuntarily denaturalized descendants legally resident in the Republic of Kazakhstan;

3) ethnic Kazakhs enrolled in higher education schools of the Republic of Kazakhstan.

4.

Lead time on citizenship application

The lead time on a petition under the general procedure – 6 months.

The lead time under the fast-track procedure – 3 months.

ROK CITIZENSHIP ADVANTAGES

1.

Eligibility to acquire land

Note

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

2.

Eligibility to acquire other real property

Note

Home – PRIVATE OWNERSHIP

3.

Eligibility for membership/shareholding in Kazakhstan LLP/JSC

Note

Can incorporate and own LLP/JSC

4.

Minerals development

Note

Can hold minerals development licences

5.

Eligibility for employment, and social security and retirement benefits

Note

Permit for foreign workers – NOT REQUIRED

Pensions and social security benefits – ELIGIBLE

6.

Eligibility for free medical care

Note

Medical care – FEE-BASED/FREE

7.

Eligibility for free education

Note

Secondary and higher education – FEE-BASED/FREE

8.

) Electoral franchise

Note

ELIGIBLE FOR VOTING

 

KAZAKHSTAN VISAS

1.

Non-immigrant visas

Application procedure

Pros

Note

A)

Investor visa – C1 and C2

1) C1 visa is available to CEOs and executives of foreign corporates investing in the economy of the Republic of Kazakhstan, members of the regional financial centre of the city of Almaty (hereinafter referred to as RFCA), as well as their spouses and minor children.

Multiple-entry visa.

Visa term – up to 3 years.

Duration of stay – for the duration of the visa term.

2) C2 visa is available to CEOs and executives of foreign corporates investing in the economy of the Republic of Kazakhstan, RFCA members, as well as their spouses and minor children.

Single-entry visa.

Visa term – 90 days.

Duration of stay – up to 30 days.

To apply for an investor visa with the Consular Service Department of ROK MID [Ministry of Foreign Affairs (MFA)], the inviting party needs to file:

1. letter of confirmation;

2. consular fee receipt;

3. current-year notarized copy of charter, certificate of incorporation (re-incorporation) and original certificate of no tax arrears;

4. corporate power of attorney for the representative;

5. petition from the ROK Ministry for Investment and Development (for C1 visa).

Statutory visa lead time – 5 working days.

Can be extended – up to 30 calendar days.

1) 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.

2) Eligibility to acquire other movables and immovables.

Home (flats) –LEASE ONLY.

3) Eligibility for membership/shareholding in Kazakhstan LLP/JSC

Can incorporate and own LLP/JSC.

4) Minerals development

Can hold minerals development licences where consistent with the purposes of investment.

5) Eligibility for employment, social security and retirement benefits

Permit for foreign workers – REQUIRED

Pensions and social security benefits – NOT ELIGIBLE.

6) Eligibility for free medical care

Medical care – SUBJECT TO A FEE.

7) Eligibility for free education

Student visa – REQUIRED.

8) Electoral franchise

NO FRANCHISE.

The said suspension can be circumvented if the foreign national (a) incorporates a Kazakhstan entity, namely a wholly owned LLP/JSC, and then (b) the incorporated JSC 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.

2.

Immigrant visas

Application procedure

Pros

Note

A)

Permanent resident visa – J1, J2 and J3 S2

1) J1 visas are available to ethnic Kazakhs travelling to the Republic of Kazakhstan in order to settle there.

Multiple-entry visa.

Visa term – 1 year.

Duration of stay – 1 year.

2) J2 visas are available to persons travelling to to the Republic of Kazakhstan in order to settle there.

Single-entry visa.

Visa term – 90 days.

Duration of stay – 90 days.

3) J3 visas are available to persons who have arrived in the Republic of Kazakhstan and applied for permanent residence in Kazakhstan.

Single-, double- and triple-entry visas.

Visa term – 90 days.

Duration of stay – 90 days.

To apply for this visa, you need to file the following documents with DKS [Consular Service Department (CSD)] of the ROK MFA:

1. Visa support letter/petition/authorization from ROK DIA.

2. Document of passage for crossing the border of the Republic of Kazakhstan.

3. Questionnaire.

4. One 3.5cm x 4.5cm black and white or colour photo.

5. Consular fee receipt.

For a J1 visa, you also need to file:

1) application/questionnaire for inclusion in the Oralman immigration quota;

2) documentary evidence of the applicant’s nationality if not listed in the ID documents;

3) list of family members of the person seeking inclusion in the Oralman immigration quota;

4) documentary evidence of eligibility for inclusion in the Oralman immigration quota on a priority basis (if any);

5) certificate that the applicant and his family members have no diseases on the list of the diseases that disqualify foreigners and stateless persons from entering the Republic of Kazakhstan;

6) certificate of conviction or clean conviction record – for adult members of the applicant’s family.

To apply for a J2 visa, you also need to file the following documents:

1) application/questionnaire;

2) the host party’s consent to the registration of the applicant’s domicile in the residential unit owned by the host party;

3) copies of documents evidencing that the host party is a resident of the Republic of Kazakhstan, as well as the title to the residential unit;

4) documentary evidence of authorization to leave for permanent residence abroad, issued by a competent authority of the applicant’s country of origin;

5) documentary evidence of solvency for the duration of the stay in the Republic of Kazakhstan (not required for persons born or previously naturalized in the Republic of Kazakhstan or the Kazakh SSR and their families);

6) certificate that the applicant and his family members have no diseases on the list of the diseases that disqualify foreigners and stateless persons from entering the Republic of Kazakhstan;

7) certificate of conviction or clean conviction record.

Visa lead time – 4 months.

1) 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.

2) Eligibility to acquire other movables and immovables.

Home – LEASE.

3) Eligibility for membership/shareholding in Kazakhstan LLP/JSC

Can incorporate and own LLP/JSC.

4) Minerals development

Can hold minerals development licences.

5) Eligibility for employment, social security and retirement benefits

Permit for foreign workers – REQUIRED

Pensions and social security benefits – NOT ELIGIBLE.

6) Eligibility for free medical care

Medical care – SUBJECT TO A FEE.

7) Eligibility for free education

Student visa – REQUIRED.

8) Electoral franchise

NO FRANCHISE.

The following workaround is available for land acquisition:

1) The said suspension can be circumvented if the foreign national (a) incorporates a Kazakhstan entity, namely a wholly owned LLP/JSC, and then (b) the incorporated JSC 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.

B)

Work visa – M1, M2, M3, M4 and M5

1) M1 visa is available to: 1) persons travelling to the Republic of Kazakhstan for employment under a work permit or an employer’s permit to use foreign workers; 2) persons travelling to the Republic of Kazakhstan for employment who are not required under the Republic of Kazakhstan’s legislation or international treaties to obtain a work permit or permit to use foreign workers.

Multiple-entry visa.

Visa term – up to 1 year or for the duration of the permit.

Period of stay – up to 1 year or for the duration of the permit.

2) M2 visa is available to the dependants of persons granted a M1 visa.

Multiple-entry visa.

Visa term – for the duration of the work permit of the family member with a M1 visa.

Period of stay – for the duration of the work permit of the family member with a M1 visa.

3) M3 visa is available to persons travelling to the Republic of Kazakhstan in order to file work permit paperwork with the local executive authorities in the Republic of Kazakhstan.

Single-entry visa.

Visa term – 90 days.

Period of stay – up to 30 days.

4) M4 visa is available to business immigrants.

Multiple-entry visa.

Visa term – up to 1 year.

Duration of stay – up to 1 year.

5) M5 visa is available to seasonal foreign workers.

Single-, double- and triple-entry visas.

Visa term – up to 1 year, but not longer than the term of the employer’s permit to use foreign workers.

Period of stay – up to 1 year, but not longer than the term of the employer’s permit to use foreign workers.

To apply for a work visa with the CSD of ROK MFA, you need to file:

1. letter of confirmation;

2. consular fee receipt;

3. current-year notarized copy of charter, certificate of incorporation (re-incorporation) and original certificate of no tax arrears;

4. corporate power of attorney for the representative;

5. a notarized copy of work permit or the employer’s permit to use foreign workers, or an exemption from obtaining said permits;

6. letter of confirmation from a legal entity, documentary evidence of kinship with persons seeking a M1 visa, as well as copies of the M1 visa granted to them (for M2 visa).

Visa lead time – 5 working days.

1) 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.

2) Eligibility to acquire other movables and immovables.

Home – LEASE.

3) Eligibility for membership/shareholding in Kazakhstan LLP/JSC

Can incorporate and own LLP/JSC.

4) Minerals development

Can hold minerals development licences.

5) Eligibility for employment, social security and retirement benefits

Permit for foreign workers – REQUIRED

Pensions and social security benefits – SAME AS FOR ROK CITIZENS.

6) Eligibility for free medical care

Medical care – SUBJECT TO A FEE.

7) Eligibility for free education

Student visa – REQUIRED.

8) Electoral franchise

NO FRANCHISE.

The following workaround is available for land acquisition:

1) The said suspension can be circumvented if the foreign national (a) incorporates a Kazakhstan entity, namely a wholly owned LLP/JSC, and then (b) the incorporated JSC 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.

 

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