Kazakhstan

When traveling to Kazakhstan, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require a work permit. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.

What types of activities may I engage in as a business visitor?

As a business visitor to Kazakhstan, you may engage in the activities below depending on the type of visa you are traveling under. Kazakhstan has different business visa subcategories, and the nature of your business activities determines the type of visa that should be obtained. The most common types of visas for business visitors are the B1 Business Visa, B2 Business Visa, and B3 Business Visa. While this list is not exhaustive and other activities could qualify as business depending on the visa held, you may:

• » Attend business forums, exhibitions, or conferences
• » Install, repair, or maintain equipment
• » Consult
• » Audit
• » Negotiate or conclude a contract

Please contact your immigration counsel for an individual assessment before traveling to determine the correct visa category for your intended business activities.

If I qualify as a business visitor, do I need a visa for Kazakhstan?

Most foreign nationals, including nationals of the United States and most European countries, are required to obtain a visa prior to travel if they intend to conduct business activities while in Kazakhstan. Depending on nationality, the various visa categories may be issued as business e-visas or consular business visas obtained from a Kazakhstani Consulate or Embassy.

While many nationalities are eligible to travel to Kazakhstan on visa-waivered status, only a limited number of countries, including the Eurasian Economic Union (EAEU) member states (Armenia, Belarus, Kyrgyzstan, and Russia), have established visa exemptions with Kazakhstan that may be used for business purposes. Please contact your immigration counsel prior to traveling to determine whether it is advisable to engage in business activities while on visa-waivered status.

What types of activities require a work permit?

Business visitors are authorized to conduct the activities permitted under their issued business visa category. In general, business visitors are prohibited from engaging in productive work activities, as well as from receiving any type of remuneration for work done.

While some categories of business visas authorize short-term technical or professional activities, most work activities in Kazakhstan will require work authorization in the form of a Work Permit and Work Visa. A legal assessment is recommended prior to travel to determine whether your intended activities are permitted on a business visa or will require a work permit.

If I am traveling to Kazakhstan for work, what type of work permit do I need?

The requirements for a work permit depend on your qualifications, on the nature and duration of your work, and on whether your employer has an entity in Kazakhstan. The most common Kazakhstani work permits are:

• » Work Permit - Local Hire (work authorization for direct hires)
• » Work Permit - Assignment (work authorization for assignees)
• » Work Permit - Intra-Company Transfer (work authorization for the temporary transfer of executives, managers, and specialists)

Is it possible to be exempted from work permit requirements?

Nationals of EAEU member states, including Armenia, Belarus, Kyrgyzstan, and Russia, are not required to obtain a work permit in order to work in Kazakhstan. However, registrations or other formalities may be required prior to working or residing in Kazakhstan.

Additional work permit exemptions are available in Kazakhstan for certain professions, industries, and executives. In these cases, a legal assessment to determine the possibilities for work permit exemptions should be obtained prior to traveling.

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

Copyright © 2020 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.