In order to attract foreign labour, employers submit a demand for foreign labour on an annual basis until October 1to the local executive bodies of regions, cities of republican significance, the capital (hereinafter: local executive bodies), on the territory of which foreign workers are expected to carry out labor activities in accordance with Appendix1 to the Rules for Establishing Quotas for Attracting Foreign Labor to the Republic of Kazakhstan and its distribution between the regions of the Republic of Kazakhstan approved by the Decree of the Government of the Republic of Kazakhstan as of December 15, 2016 No. 802 (hereinafter: Rules for establishing quotas).

When the Commission distributing quota for employment of foreign labour makes a recommendation on meeting the demand of employers in the requested foreign labour for the coming year, an employer, in order to get a permit, submits an application for a permit to attract foreign labour with the attachment of documents to an authorized body pursuant to the Rules and conditions for issuing and (or) extending permits to employers to attract foreign labor, as well as implementation of intra-corporate transfer approved by the order of the Acting Minister of Health and Social Development of the Republic of Kazakhstan as of June 27, 2016, No. 559 (hereinafter: the Rules).

Pursuant to Clause 16 of the Rules, issuance and (or) extension of permits by the local executive body is performed if the following conditions are observed:

• the number of citizens of the Republic of Kazakhstan is not less than 70% of workforce belonging to the first and second categories;
• the number of citizens of the Republic of Kazakhstan is not less than 90% of workforce belonging to the third and fourth categories.

When calculating the local content in the personnel, foreign workers from the countries participating in the Treaty on the Eurasian Economic Union ratified by the Law of the Republic of Kazakhstan as of October 14, 2014 are not taken in account.

An employer attracting foreign employees under an intra-corporate transfer ensures a percentage ratio of the number of foreign employees (managers and specialists) attracted under an intra-corporate transfer amounting to no more than fifty percent to the number of Kazakhstani personnel of the corresponding category.

A tax fee (hereinafter: fee) is charged from the employees for the issuance and (or) extension of a permit based on the fee rates for the issuance and (or) extension of a permit to attract foreign labour to the Republic of Kazakhstan approved by the Decree of the Government of the Republic of Kazakhstan as of April 3, 2018 No. 157 "On the Establishment of Fee Rates for the Issuance and (or) Extension of Permit to Attract Foreign Labour to the Republic of Kazakhstan."

Employment of foreign labour under intra-corporate transfer is carried out outside the quota and on a free-of-charge basis.

In order to get a permit, an employer submits the following to a local executive body:

To get a permit for employment of foreign labour force or re-issue a permit for another foreign employee:

1. To employ seasonal foreign workers:

• application in the form according to Appendix 2 of the Rules (hereinafter: application) certified by a digital signature (hereinafter: DS) of an employer;
• information about the foreign employees involved, indicating their surnames, names, patronymics (if any) (including Latin letters), dates of birth, citizenship, passport (identity document) number, its date of issue and issuing authority, country of permanent residence, country of departure, education, name of specialty in accordance with the professional standards applicable in the Republic of Kazakhstan, Qualification directory of positions of managers, specialists and other employees, standard qualification characteristics of positions of managers, specialists and other employees of organizations, Unified Rating and Skills Guide for Jobs and Occupations of Manual Workers and the State Classifier of the Republic of Kazakhstan 01-99 "Classifier of occupations" (hereinafter: Qualification requirements) in accordance with subclause 16-1) of Article 16 of the Code (hereinafter: information on foreign employees involved);
• an electronic copy of a foreign employee`s ID document;
• a document confirming the fee payment for the issuance of a permit;

2. When attracting foreign employees for the first, second, third and fourth categories:

• an application certified by an employer's DS;
• information about attracted foreign employees;
• electronic copies of notarized documents on education and translations (if a document is not in the state or the Russian language) legalized in accordance with the procedure established by the legislation of the Republic of Kazakhstan, except for cases provided for by international treaties of the Republic of Kazakhstan that have entered into force in accordance with Clause 7 of Article 39 of the Law of the Republic of Kazakhstan "On Education";
• a notarized electronic copy and translation (if a document is not in the state or the Russian language) of the contract for execution of works, delivery of services (if a foreign legal entity- an employer carries out its activities in the Republic of Kazakhstan without establishment of a branch, representative office in accordance with Clause 35 of the Rules);
• a notarized electronic copy and translation (if a document is not in the state or the Russian language) of a document (letter of transfer) drawn-up between a foreign employee and a foreign legal entity-employer based on which a temporary transfer of a foreign employee is carried out (if a foreign legal entity-employer sends its employees to the Republic Kazakhstan to execute works, deliver services to a subsidiary, representative office, branch of a foreign legal entity in which such a foreign legal entity-employer directly or indirectly has shares or participation interests);
• an electronic copy of an employer's letter confirming that the qualifications and professional experience of a foreign employee correspond to the position to which they are being recruited;
• information on fulfillment of obligations imposed when issuing permits to attract foreign labour for the previous and current calendar years, the deadline for which has come (if any);
• information on the local content in the personnel in accordance with Appendix 6 of the Rules (except for state institutions and enterprises, representative offices and branches of foreign legal entities with no more than 30 employees, foreign workers who arrived for self-employment in the Republic of Kazakhstan based on a certificate issued to a foreigner or a stateless person on compliance of his/her qualifications for self-employment, list of priority industries (types of economic activity) and professions in demand by the Minister of Health and Social Development of the Republic of Kazakhstan No. 503 as of June 13, 2016 (registered in the Register of State Registration of Regulatory Legal Acts No. 14149), according to permits issued within quotas for the countries of origin, if ratified by the Republic of Kazakhstan international agreements on cooperation in the field of labour migration and social protection of migrant workers in the prescribed form in accordance with Appendix 7 of the Rules (hereinafter: a notarized copy of a document on conditions for local content in personnel for priority projects);
• information about the obligations undertaken to obtain and extend permits in accordance with Clause 16 of the Rules.
• an electronic copy of a foreign employee`s ID document;
• a document confirming the fee payment for the issuance of a permit;

3. To re-issue a permit to attract foreign labour, the documents indicated in Clause 2 and required for the public service delivery are submitted.
4. The following is submitted to extend the permit to attract foreign labour:

• an application certified by an employer's DS;
• information about attracted foreign employees;
• information about local content in the personnel;
• an electronic copy of a foreign employee`s ID document;
• a document confirming the fee payment for the issuance of a permit;

5. The following is submitted to get or re-issue a permit to attract foreign labour under an intra-corporate transfer:

• an application certified by an employer's DS;
• an electronic copy of a notarized translation (if a document is not in the state or the Russian language) of an employment agreement (concluded with a legal entity established in the territory of a member state of the World Trade Organization, located and operating outside the territory of the Republic of Kazakhstan), or a letter or agreement on intra-corporate transfer concluded with an employer (concluded with a legal entity established on the territory of a member country of the World Trade Organization, located and operating outside the territory of the Republic of Kazakhstan), with a branch, representative office, affiliated person of this legal entity established/registered in the Republic of Kazakhstan;
• information about an employee's employment record with attachment of supporting documents recognized in the Republic of Kazakhstan;
• information on fulfillment of special conditions imposed when issuing permits to attract foreign labour for the previous and current calendar years, the deadline for which has come (if any) (in any form);
• an electronic copy of a letter from a foreign legal entity-employer, which confirms that the qualifications and professional experience of a foreign employee correspond to the position to which the internal corporate transfer is carried out, as well as a letter from a receiving party confirming that an employee has the necessary qualifications and professional experience;
• information about the accepted special conditions imposed when issuing and extending permits in the form in accordance with Appendix 8 of the Rules;
• information about a local content in the personnel when attracting foreign workers under an intra-corporate transfer in accordance with Appendix 9 of the Rules;
• an electronic copy of a document confirming that an employer sent information on the availability of vacant jobs (vacant positions) to an employment center at the place of foreign labour employment (provided upon receipt of a permit);
• an electronic copy of the program aimed at increase of local content in personnel (if available);
• an electronic copy of a foreign employee`s ID document;

6. The following is submitted to extend a permit to attract foreign labour under an intra-corporate transfer:

• an application certified by an employer's DS;
• Information on fulfillment of special conditions of permits issued for the previous and current calendar years the deadline for which has come (if any);
• information about a local content in the personnel when attracting foreign workers under an intra-corporate transfer;
• justification for the extension of permits;
• an electronic copy of a foreign employee`s ID document;
• information about accepted special conditions.

7. The following is submitted to re-issue a permit in connection with a change in the surname, name, patronymic, number and series of an ID document of a foreign employee and in case of reorganization of the employer-a legal entity of the Republic of Kazakhstan or a branch (representative office) of a foreign legal entity in the form of merger, accession, division, separation or transformation, as well as in case of a change in its name or details specified in the permit to attract foreign labour:

• an application certified by an employer's DS;
• electronic copies of documents certifying change in the surname, name, patronymic, number and series of an ID document of a foreign employee, reorganization of an employer-a legal entity of the Republic of Kazakhstan or a branch (representative office) of a foreign legal entity in the form of merger, accession, division, separation or transformation, as well as in case of a change in its name or details specified in the permit to attract foreign labour.

When issuing and renewing a permit within the intra-corporate transfer, the employer, upon his consent, is imposed one of the following special conditions at his choice:

1.    Professional training of citizens of the Republic of Kazakhstan in the specialty of an attracted foreign employee.
2.    Further training of citizens of the Republic of Kazakhstan in the specialty of an attracted foreign employee.
3.    Advanced training of citizens of the Republic of Kazakhstan.
4.    Creation of additional jobs for citizens of the Republic of Kazakhstan in the specialties for which foreign workers are attracted.

A permit to attract foreign labour is not issued or extended in the following cases:

A permit to attract foreign labour under an intra-corporate transfer is not issued or extended in the following cases:

1. in case of establishing the unreliability of the documents submitted by an employer for receiving the public service, and (or) the data (information) contained therein;
2. failure of an employer to observe the conditions established by Clause 57 of the Rules;
3. in case of establishing the fact that an employer has attracted foreign workers without permission or attracted a foreign employee in a profession or specialty that does not correspond to the profession or specialty specified in the permit. In these cases, no new permits are issued within twelve months from the date of establishment of such a fact;
4. non-compliance with the special conditions of permits issued for the previous and current calendar years, the deadline for which has come (if any);
5. non-compliance with the level of education (vocational training) and experience (seniority) of practical work of foreign labour with the requirements provided for in Clauses 41 and 42 of these Rules;
6. non-compliance with measures (conditions) provided for by the program to increase local content in personnel (if any).

In accordance with Clause 2 of Article 32 of the Law of the Republic of Kazakhstan "On Employment of the Population" (hereinafter: the Law), the provisions of the Law on quotas of foreign labor and issuing permits to employers to attract foreign labour do not apply to foreigners and stateless persons:

• working in autonomous educational organizations, their branches, as well as in the "Nazarbayev Foundation" as managers and specialists with higher education;
• working in government agencies with documents verified in accordance with the procedure established by the Government of the Republic of Kazakhstan;
• working in organizations of the Republic of Kazakhstan that have concluded investment contracts for the implementation of an investment priority project in accordance with the legislation of the Republic of Kazakhstan on investments, as well as working in organizations engaged by these legal entities (or their contractors) as a general contractor, contractor, subcontractor or service provider in the field of architectural, urban planning and construction activities (including exploration and design activities, engineering services), for a period up to one year after the commissioning of the investment activity object as managers and specialists with higher education, as well as as qualified workers according to the list of professions and numbers determined in investment contracts for the implementation of an investment priority project;
• working in legal entities that are participants of special economic zones, with projects worth more than one million monthly calculation indices, as well as in organizations engaged by these participants of special economic zones (or their contractors) as a general contractor, contractor, subcontractor or service provider during the period of construction and installation works on the territory of special economic zones and before the expiration of one year after the commissioning of the facility (facilities) in accordance with the list of categories and numbers determined by the commission of representatives of the authorized body for employment of the population, interested central government agencies in the manner approved by a joint decision of an authorized body for employment and the central executive body carrying out state regulation in the field of creation, functioning and abolition of special economic zones;
• those who arrived for self-employment in professions in demand in priority sectors of the economy (types of economic activity);
• permanently residing in the Republic of Kazakhstan;
• working as the first heads of branches or representative offices of foreign legal entities:
• provided for by the list of persons determined by the Government of the Republic of Kazakhstan, for which permits of local executive bodies are not required to attract foreign labour for employment;
• working in the Astana Hub International Technology Park or for participants of the Astana Hub International Technology Park as managers and specialists with higher education.

Moreover, Appendix 2 to the Decree of the Government of the Republic of Kazakhstan as of December 15, 2016 No. 802 provides for a list of persons whose employment does not require permits from local executive bodies to attract foreign labour:

• candas;
• business immigrants who arrived to carry out entrepreneurial activities;
• those who have received refugee or asylum seeker status;
• immigrants arriving for humanitarian reasons, in accordance with the Law of the Republic of Kazakhstan as of July 22, 2011 "On Population Migration";
• convicted by the sentences of the courts of the Republic of Kazakhstan to imprisonment, probation and punishments not related to isolation from society;
• who are victims of human trafficking for the period of the proceedings in a specific criminal case related to human trafficking, before the court verdict comes into force;
• those entering the Republic of Kazakhstan for the purpose of family reunification who have reached a legal age, are the spouse of a citizen of the Republic of Kazakhstan and have been married for at least three years, recognized by the legislation of the Republic of Kazakhstan;
• full-time students, who also work in educational institutions of the Republic of Kazakhstan in their free time in accordance with the labour legislation of the Republic of Kazakhstan;
• citizens of the countries-parties to the Treaty on the Eurasian Economic Union as of May 29, 2014;
• members of the crews of sea and river vessels, air and rail transport;
• performance artists, directors, conductors, choirmasters, choreographers, athletes and coaches;
• attracted by participants and entities of the Astana International Financial Center;
• who are specialists in the creation of a space rocket complex and operation of ground-based space infrastructure facilities, involved in the framework of international agreements of the Republic of Kazakhstan on cooperation in the field of aerospace activities;
• carrying out pedagogical activities in accordance with international agreements of the Republic of Kazakhstan on cooperation in the field of education in organizations of secondary, technical and vocational, post-secondary and higher education of the Republic of Kazakhstan, but making up no more than 25 percent, and for implementing international integrated educational curricula no more than 50 percent of the staff of an organization;
• from among the teaching staff of higher educational institutions that have been assigned a special status in accordance with the legislation of the Republic of Kazakhstan, as well as those working in higher educational institutions as managers and teachers with higher education with confirmed documents in accordance with the legislation of the Republic of Kazakhstan, and those who train personnel for economic sectors.
• working as the first heads of branches or representative offices of foreign legal entities, as well as the first heads of Kazakh legal entities and their deputies with a one hundred percent share of foreign participation in their authorized capital;
• those who are on a business trip for business purposes, the duration of which does not exceed a total of one hundred and twenty calendar days during one calendar year.
• working as the first heads of organizations that have concluded contracts with the Government of the Republic of Kazakhstan for the amount of investments in the monetary equivalent of more than 50 million US dollars, and the first heads of legal entities of the Republic of Kazakhstan that carry out investment activities in priority activities and have concluded a contract with the authorized investment authority;
• working in the national management holding in positions not lower than heads of structural divisions with higher education with confirmed documents in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
• engaged to work as members of the board of directors of the national management holding.

Article 519 of the Code of the Republic of Kazakhstan as of July 5, 2014 "On Administrative Violations" provides for fines for the following violations in the field of foreign labour employment:

An employer's involvement of foreign labour without the permission of a local executive body or the use of the labour of foreigners and stateless persons who do not have certificates of compliance with qualifications for self-employment issued by an authorized body on migration issues or permits for labour immigrants issued by the internal affairs bodies, – entail a fine for individuals in the amount of thirty, for officials – in the amount of fifty, for small businesses or non–profit organizations – in the amount of one hundred, for medium–sized businesses - in the amount of two hundred, for large businesses - in the amount of seven hundred calculation indicators.

Recruitment by an employer of a foreign employee to a position (profession or specialty) that does not correspond to the position (profession or specialty) specified in the permit of a local executive body to attract foreign labour, – entail a fine for individuals in the amount of thirty, for officials – in the amount of fifty, for small businesses or non–profit organizations – in the amount of one hundred, for medium–sized businesses - in the amount of two hundred, for large businesses - in the amount of seven hundred calculation indicators.

The actions provided for in parts one and two of this article, committed repeatedly within a year after the imposition of an administrative penalty, entail a fine on individuals in the amount of fifty, on officials – in the amount of one hundred, on small businesses or non–profit organizations – in the amount of two hundred, on medium–sized businesses - in the amount of three hundred, on subjects of large business – in the amount of one thousand monthly calculation indicators.

The involvement by an employer-individual of labour immigrants in the execution of work (delivery of services) in the household without a corresponding permit issued by the internal affairs bodies, or conclusion of employment contracts for execution of work (delivery of services) in the household by one individual employer simultaneously with more than five labor immigrants – entails a fine in the amount of thirty monthly calculation indicators.

The actions provided for in part five of this article, committed repeatedly within a year after the imposition of an administrative penalty, entail a fine in the amount of fifty monthly calculation indicators.