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.

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