We ask You to clarify the following question. Can a foreign citizen, who is a founder of LLP and who has a C5 visa, not receive a work permit to hire foreign labor? Thanks for your reply.
The Ministry of labour and social protection of population of the Republic of Kazakhstan having considered the letter on implementation by business immigrants of labour activity in the territory of the Republic of Kazakhstan, informs the following.
According to subparagraph 2) of article 34 of the Law of the Republic of Kazakhstan
dated July 22, 2011 "On migration of the population" (hereinafter-the Law), business immigrants are immigrants who arrived for the purpose of carrying out business activities in accordance with the legislation of the Republic of Kazakhstan.
Conditions of stay of business immigrants in the territory of the Republic of Kazakhstan and their entrepreneurial activity are defined by article 40 of the Law.
According to article 40 of the Law, a business immigrant is obliged within two months from the date of entry to the territory of the Republic of Kazakhstan:
1) register a commercial organization in the Republic of Kazakhstan or become a member (shareholder) of commercial organizations carrying out activities in the territory of the Republic of Kazakhstan in accordance with the civil legislation of the Republic of Kazakhstan;
2) deposit to the second-tier bank of the Republic of Kazakhstan the amount of money not less than the minimum amount established by the legislation of the Republic of Kazakhstan, when registering a legal entity for the formation of its authorized capital.
In case of non-fulfillment by business immigrants of the duties established by this article, the internal affairs bodies on the basis of the petition of local executive bodies make the decision on reduction of the term of stay of business immigrants for the term necessary for their voluntary departure.
It is prohibited to create a legal entity, as well as participation in the authorized capital of commercial organizations by joining the participants of legal entities to foreigners who have not received a visa to enter as business immigrants.
In accordance with paragraph 2 of Annex 2 of the decree of the Government of the Republic of Kazakhstan dated December 15, 2016 № 802,
for business immigrants who come to carry out business activities do not need to obtain permission to hire foreign labor.
Thus, if a foreign citizen meets the conditions defined in article 40 of the Law, he does not need a permit to hire foreign labor for employment in the territory of the Republic of Kazakhstan.