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Information note on investor visas

1.      New rules

2.      General provisions

3.      The procedure of issuing invitations, approving invitations for entry to recipients of visas to the Republic of Kazakhstan

4.      Issuance of visas of the Republic of Kazakhstan

5.      Cancellation of visa of the Republic of Kazakhstan

6.      Brief information about the investor visa in the form of a table

1. New rules

Since January 1, 2017 in Kazakhstan, the joint order of the Ministry of Foreign Affairs and the Ministry of Internal Affairs has introduced new Rules for issuing invitations, approving invitations for entry of foreigners and stateless persons into the Republic of Kazakhstan, issuing, canceling, restoring visas of the Republic of Kazakhstan, and extending and shortening their validity.

The alphanumeric encodings have changed, new categories of visas have been added, the authority to consider applications for issuing visa invitations has been transferred to the migration authorities of Kazakhstan. The mechanism for extending the renewal of visas has been substantially revised.

The categories of visas are grouped into 3 types:

"A" - diplomatic, official and investor;

"B" - for a short stay;

"C" - for long-term stay.

Especially it is necessary to note a visa of a category C5 "business immigrants" (M4 according to the previous rules) that caused a lot of questions.

If earlier registration authorities accepted documents with any business visa D1, D2, D3 for foreigners to become part of the founders / participants of the Kazakh legal entity, recently they began to demand the registration of an M4 visa. However, obtaining a visa of this category was not easy.

Now the new rules provide for a visa category C5 (single entry visa up to 90 days, multiple entry for up to 2-3 years). It is issued by foreign missions of the Republic of Kazakhstan on the basis of an invitation if:

1) Petitions;

2) Medical certificate confirming the absence of diseases that impede labor activity;

3) Medical insurance;

4) Certificate of presence or absence of a criminal record issued by the authorized body of the country of citizenship or permanent residence;

5) Information on the existence or absence of a ban on the conduct of entrepreneurial activities on the basis of a court decision issued by the authorized body of the country of citizenship or permanent residence.

The recipient of the visa must be of legal age.

As we see, despite the fact that Kazakhstan is taking all measures to develop business activity, including for attracting capital from abroad, nevertheless, the collection of these documents takes from the entrepreneur financial resources and time.

One of the innovations is the reception of documents for the registration of visa support by local units of the migration police.

It should be noted that in connection with the introduction of the new rules, there were failures in the work of state bodies. The rules were promulgated only a month before the enactment, for such a short time the mechanism for accepting and reviewing letters of invitation was not clearly in time. Nevertheless, the preparatory measures of the Ministry of Foreign Affairs and the Ministry of Internal Affairs were held for a year.

However, according to the statements of the Ministry of Internal Affairs and the Ministry of Foreign Affairs, the new rules will significantly simplify the procedure for obtaining visas, taking into account international experience and principles of working with foreigners, contribute to the formation of a favorable and understandable visa regime.

2. General Provisions

Rules for the issue of invitations, approval of invitations to the entry of foreigners and stateless persons into the Republic of Kazakhstan, issuance, cancellation, restoration of visas of the Republic of Kazakhstan, and the extension and reduction of their validity.

These Rules for issuing invitations, approving invitations for the entry of foreigners and stateless persons into the Republic of Kazakhstan, issuing, canceling, restoring visas of the Republic of Kazakhstan, as well as extending and shortening their validity (hereinafter - the Rules) have been developed in accordance with the Law of the Republic of Kazakhstan of July 22 2011 "On migration of the population" (hereinafter - the Law on Migration) and determine the procedure for issuing invitations, approving invitations for the entry of foreigners and stateless persons (hereinafter referred to as recipients of visas) to the Republics Kazakhstan, issuance, revocation, restoration of the Republic of Kazakhstan visas, as well as the extension and shortening their action.

     If an international treaty to which the Republic of Kazakhstan is a party establishes other rules than those provided for in these Rules, then the norms of the international treaty are applied.

      The following terms are used in these Rules:

      1) stateless person - a person who is not a citizen of the Republic of Kazakhstan and who does not have evidence of his belonging to the citizenship of another state;

      2) a business immigrant is an immigrant who has arrived for the purpose of carrying out business activities in accordance with the Law on Migration;

      4) the unified information system "Berkut" (hereinafter referred to as the "Berkut" EIS) - a unified information system for the control of the entry, exit and stay of visa recipients to the Republic of Kazakhstan;

5) verbal note - a written appeal of foreign policy departments, diplomatic and equivalent missions, consular offices of foreign states, international organizations and their missions, including for the purpose of inviting and issuing visas to visa recipients;

      6) visa and migration portal (hereinafter referred to as "VMP") - a portal designed to automate the processing of documents related to migration processes (www.vmp.gov.kz);

      8) permission for entry and exit (hereinafter - visa) - a mark of authorized state agencies of the Republic of Kazakhstan in the passport of a migrant or a substitute document that gives the right to enter the territory of the Republic of Kazakhstan, travel through its territory, stay on it and exit from it territory of the Republic of Kazakhstan for a period of time, for the purposes and on the terms established in the visa;

      9) the instruction of the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter – MFA RK) - an operative solution of specific tasks, issued in the form of a written instruction accepted by heads of foreign missions of the Republic of Kazakhstan, director, deputy director and head of the passport and visa department of the Consular Service Department of the Ministry of Foreign Affairs of the Republic Kazakhstan, as well as a decision based on the instructions of the Administration of the President and / or the Government of the Republic of Kazakhstan, written appeals by the state foreign organizations, foreign diplomatic missions and diplomatic missions equivalent to them, consular offices of foreign states, international organizations and their representative offices, on the basis of which the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter – MFA RK) and its foreign institutions are receiving and approval of the invitation of the Republic of Kazakhstan, issuance, cancellation, restoration, extension or reduction of the validity of visas;

      10) foreign institutions of the Republic of Kazakhstan (hereinafter - foreign institutions of the RK) - diplomatic missions abroad and equated to them, as well as consular offices of the Republic of Kazakhstan;

      11) the subdivisions of the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter referred to as the Ministry of Internal Affairs of the Republic of Kazakhstan) - the migration police unit of the Ministry of Internal Affairs of the Republic of Kazakhstan, the Departments of Internal Affairs of oblasts, Astana, Almaty and transport;

      12) the designation of the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter – MIA RK) - an operative solution of specific tasks, issued in the form of a written instruction received by the chief (deputy chief) of the Migration Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan, as well as a decision based on the instructions of the Presidential Administration and / Republic of Kazakhstan, written appeals of foreign missions of the Republic of Kazakhstan, state bodies and organizations of the Republic of Kazakhstan, on the basis of which the Ministry of Internal Affairs of the Republic of Kazakhstan is issuing an invitation, issuing, the restoration, extension or reduction of the validity of visas;

      13) petition - a written request of the inviting party for the issuance, cancellation, restoration of visas of the Republic of Kazakhstan, extension and reduction of their validity term, as well as the recipient of a visa intending to visit the Republic of Kazakhstan;

      17) permanent residence permit - a document issued by the Ministry of Internal Affairs of the Republic of Kazakhstan to immigrants established by the Migration Act, while observing the requirements, and granting them the right to permanent residence in the territory of the Republic of Kazakhstan;

      18) an authorized employee is an employee of the foreign mission of the Republic of Kazakhstan, MFA RK and MIA RK, which has the right to approve applications and signatures on visas;

      19) force majeure circumstances - events of force majeure, arising from extraordinary and unavoidable circumstances (natural phenomena, military actions and other similar events);

      20) the international principle of reciprocity is the reciprocal provision of equal conditions for the issuance of visas for citizens of two states;

      21) an international organization - an interstate or intergovernmental organization;

      22) the inviting party is the central state bodies of the Republic of Kazakhstan, the apparatuses of the akims of the regions, cities of republican significance, the capital, foreign affairs departments, diplomatic missions of equal rank, consular offices of foreign countries, international organizations and their representative offices, as well as individuals and legal entities registered in the Republic of Kazakhstan, facilitating the entry / exit of the recipient of the visa to / from the Republic of Kazakhstan;

      23) documents on invitation from abroad (hereinafter - invitation) - an invitation to enter the Republic of Kazakhstan on private matters issued by the MIA RK, or an invitation from the inviting party agreed with the MIA RK, or a verbal note on issuing visas to the recipients of visas;

      24) a foreigner is a person who is not a citizen of the Republic of Kazakhstan and who has proof of his belonging to the citizenship of another state;

The category, the recipient, the multiplicity, the validity of the visa, the period of stay in the territory of the Republic of Kazakhstan and the grounds for issuing visas are determined in accordance with Annex 1 to the Rules (hereinafter - Form 1. Rules for issuing invitations, approving invitations for entry of foreigners and stateless persons to the Republic of Kazakhstan , issuance, cancellation, restoration of visas of the Republic of Kazakhstan, as well as extension and reduction of their validity periods).

 The visa is single and multiple.

 Single-entry visas entitle the recipient of a visa for a single entry into the Republic of Kazakhstan, travel through its territory, stay on it and leave the Republic of Kazakhstan for a time, for the purposes and conditions established in the visa.

Multiple visas give the recipient the right to a visa for multiple entry into the Republic of Kazakhstan, travel through its territory, stay on it and leave the Republic of Kazakhstan for a time, for the purposes and conditions set in the visa.

Visas for departure from the territory of the Republic of Kazakhstan entitle the recipient of a visa to stay on the territory of the Republic of Kazakhstan and departure from the Republic of Kazakhstan for a period of time and on the terms established in the visa.

Corrections in the visa are not allowed. Visas with corrections are considered invalid.

3. The procedure for issuing invitations, approving invitations for entry to recipients of visas to the Republic of Kazakhstan

      An invitation to enter the Republic of Kazakhstan on private business is submitted not earlier than one year and not later than two weeks before the expected date of entry of the recipient of visas to the Republic of Kazakhstan.

      An application or verbal note shall be submitted not earlier than 90 calendar days and not later than two weeks before the expected date of entry of the recipient of visas into the Republic of Kazakhstan.

      The time for consideration of the invitation is not more than 5 working days from the date of application, except for the cases specified in paragraph 16 of the Rules.

      At the direction of the Ministry of Internal Affairs of the Republic of Kazakhstan and the Ministry of Foreign Affairs of the Republic of Kazakhstan, documents for the invitation are accepted and processed in a shorter period.

      The inviting party shall submit a verbal note to the Ministry of Foreign Affairs of the Republic of Kazakhstan with the attached table in accordance with the legislative acts of the Republic of Kazakhstan.

      The inviting party for the invitation is submitted to the Ministry of Internal Affairs of the Republic of Kazakhstan at the place of its registration:

      1) to issue an invitation to enter the Republic of Kazakhstan on private matters:

      the document proving the identity;

      application form;

      a payment document confirming the payment of the state fee.

      2) to agree on the application of a legal entity or an individual entrepreneur:

      a table filled in duplicate in the form provided in Form 2;

      a payment document confirming the payment of the state fee.

      3) legal entities and individual entrepreneurs, who for the first time apply for the invitation in the current year, submit:

      a copy of the certificate of state registration of a legal entity or an individual entrepreneur;

      copy of the charter of the legal entity or patent;

      the order of the legal entity to appoint a representative for the delivery of documents or a power of attorney;

      the host party applying for the invitation of the members of the Board of Directors - a copy of the minutes of the General Meeting of Shareholders on the election of members of the Board of Directors;

      the host party applying for the invitation of foreign tourists - a license for tour operator activities issued by local executive bodies of the regions, cities of national importance, the capital, or an extract from the State Register of Tourist Agents;

      the receiving party applying for the invitation of the recipient of visas for the purpose of obtaining an education is a license and (or) an annex to the license for engaging in educational activities issued by the authorized body of the Republic of Kazakhstan in the field of education;

      the receiving party applying for the invitation of the recipient of visas for treatment, medical examination or consultation - a license for medical activity issued by the authorized body of the Republic of Kazakhstan in the field of health care.

     Depending on the category of visa requested, they are additionally provided with:

      1) for investors - a petition of the authorized body of the Republic of Kazakhstan on investments;

      2) for the execution of a multiple business visa, a copy of the contract or contract (with the exception of ethnic Kazakhs, former compatriots and citizens from the list of economically developed, politically and migrally stable states, exempted from the necessity of presenting an invitation for the issuance of visas (hereinafter - the list of states), according to Appendix 4 to this Regulation);

      6) for the conduct of labor activity, including for seasonal foreign workers - a certificate issued to the employer for the attraction of foreign labor, or a certificate to a foreign worker for employment, or documents confirming that in accordance with the legislation of the Republic of Kazakhstan or international treaties the recipient of the visa has such permission not required;

      7) for business immigrants - petitions of local executive bodies of the capital, cities of republican importance and regions of the Republic of Kazakhstan.

4. Issuance of visas of the Republic of Kazakhstan

§ Paragraph 1. Documents submitted by visa recipients for obtaining a visa

      To issue visas to foreign missions of the Republic of Kazakhstan, the Ministry of Foreign Affairs of the Republic of Kazakhstan or the Ministry of Internal Affairs of the Republic of Kazakhstan, the following documents and information are provided at the place of registration of the recipient of the visa or the inviting party:

      1) a visa application form for obtaining a visa with a color or black and white photograph of 3.5 x 4.5 centimeters;

      2) when issuing a visa at the foreign institution of the Republic of Kazakhstan, the number, the date of the invitation registered in the Ministry of Internal Affairs of the Republic of Kazakhstan or the Ministry of Foreign Affairs of the Republic of Kazakhstan (the number and date of issuing the invitation to the recipient of the visa is reported by the inviting party), or the application of the recipient of the category of visas specified in paragraph 25 of these Rules;

      3) a valid diplomatic, official, foreign passport of a foreign state, or other identity document recognized as such by the Republic of Kazakhstan and granting the right to cross the State Border of the Republic of Kazakhstan (hereinafter referred to as the passport);

      4) the original of the payment documents confirming payment of the consular fee or state fee;

      5) additional documents required for obtaining a visa in accordance with Form 1.

      The visa application form should be filled in legibly by hand or using the VMP(visa and migration portal)  in the state, Russian or English language in the form according to Appendix 5 to these Rules.

      The answers to the questions of the visa application form should be exhaustive.

      The visa application form is signed by the recipient of the visa personally.

      On behalf of minor children visa documents for issuing visas are submitted by their legal representatives.

       The passport provided by the recipient of the visa must meet the following criteria:

      1) should not cause doubts about the authenticity and ownership of its owner, contain marks, reservations, records, erasures and corrections, torn or embroidered pages;

      2) must have at least 2 blank pages intended for visas, with the exception of visa recipients for leaving the territory of the Republic of Kazakhstan;

      3) the period of validity must expire no earlier than 3 months from the expiry date of the visa, except for the recipients of visas for leaving the territory of the Republic of Kazakhstan.

      For the preparation of documents on the invitation and the issuance of a visa, including for the restoration and extension of its validity, a consular fee or state duty is levied in accordance with the Code of the Republic of Kazakhstan of December 10, 2008 "On Taxes and Other Mandatory Payments to the Budget" (hereinafter - Tax Code), unless otherwise established by international treaties to which the Republic of Kazakhstan is a party.

      The consular fee or state fee for processing documents on the invitation and visa processing is not charged in cases provided for by the Tax Code.

      Registration of visas is made after payment of consular fees or state duty in accordance with the legislation of the Republic of Kazakhstan.

      The paid sums of consular fees are not refundable.

§ Paragraph 2. Procedure for issuing visas

      22. The issuance of visas is:

      1) abroad:

      the foreign institutions of the RK issue the following categories of visas: "A1", "A2", "A3", "A4", "A5", "B1", "B2", "B3", "B4", "B5", "B6" B7, B8, B9, B10, B11, B12, B13, C1, C2, C3, C4, C5, C6 "," C7 "," C8 "," C9 "," C10 "and" C12 ";

      2) on the territory of the Republic of Kazakhstan:

      The Ministry of Foreign Affairs issues the following categories of visas: "A1", "A2", "A3", "A4", "A5", "B1", "B2", "B3", "B5", "B7", "B8" B10, B11, B12, B13, C3, C8, C9 and C12;

      The Ministry of Internal Affairs issues the following categories of visas: "A5", "B3", "B7", "B14", "B15", "B16", "B17", "B18", "B19", "B20", "B21" "В22", "С1", "С3", "С4", "С9" (ethnic Kazakhs), "С11" and "С12".

      The Ministry of Internal Affairs of the Republic of Kazakhstan provides the issuance, cancellation, restoration, extension or reduction of the validity of visas at the place of temporary registration of the foreigner or registration of the inviting party (for the recipient of the category "A5" for actual residence) or at the direction of the Ministry of Internal Affairs.

      Visas for departure from the territory of the Republic of Kazakhstan are issued at the place of actual location of the recipient of visas, with the exception of visas of the category "B14".

      Visas for education are issued at the location of the educational institution in which the recipient of the visa is enrolled.

      The following categories of visas are issued to foreign institutions of the Republic of Kazakhstan without an invitation on the basis of:

      1) instructions of the Ministry of Foreign Affairs of the Republic of Kazakhstan - "A1", "A3", "B1" and "B3" (single entry visas of category "B3" are issued at the written instructions of the heads of foreign missions of the Republic of Kazakhstan and at the same time the foreign missions of Kazakhstan issue an application for registration on the territory of the Republic of Kazakhstan citizens of countries indicated in the list of states), which is the basis for registration of temporary registration with the Ministry of Internal Affairs of the Republic of Kazakhstan at the place of temporary stay of the recipient of visas);

      2) verbal note - "A1", "A2", "A3", "A4", "B1", "B3" and "B10";

      3) applications (depending on the category of visas, if there are documents stipulated in Form 1):

      citizens of countries indicated in the list of states (single entry visa up to 30 days) - "A3", "B1", "B3", "B10 and" B12 ";

      foreigners or stateless persons - "B4", "B5", "B8", "B9", "B10" (for a funeral or in cases of illness of relatives / friends - a single entry visa, family members or parents of citizens of the Republic of Kazakhstan, as well as their legal to representatives - a single entry visa up to 30 days, members of the ethnic Kazakh family - a single entry visa for up to 30 days), "B13", "C1", "C2", "C4" (single entry up to 90 days) and "C10".

Brief information

Investor visa

5.

А5

heads and / or deputy heads and / or heads of structural units of legal entities that carry out investment activities in the territory of the Republic of Kazakhstan, as well as members of their families.

Single-entry

Up to 90 days

for the entire validity period of the visa

The visa is issued by the foreign missions of the Republic of Kazakhstan and the Ministry of Foreign Affairs of the Republic of Kazakhstan on the basis of an invitation.

The visa is issued by the Ministry of Internal Affairs of the Republic of Kazakhstan on the basis of the request of the inviting party if there is a petition of the authorized body of the Republic of Kazakhstan for investments.

Multiple-entry

Up to 3 years

for the entire validity period of the visa

 

ZAN Company, Junior attorney Almagul Agadil

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