Replacing a foreign specialist under a previously issued work permit

A work permit is an official document granting a foreign citizen the right to work in another country. In the context of the Republic of Kazakhstan, the permit confirms the legality of the foreigner's stay and work in the country as a temporary resident or visitor.

Processing times

The standard period for re-issuing a permit is 1 to 1.5 months. The exact timing depends on how complete and timely the data provided by the employer and the foreign specialist is. Confirmation of the new employee's qualifications will also be required — the same as for the initial permit application.

When is it permitted to replace a foreign employee?

• If the original employee did not arrive in Kazakhstan;
• In case of early termination of the employment contract with the original employee.

Important: the new specialist's qualifications must meet the requirements of the legislation and the declared position indicated in the previously issued permit.

Step-by-step instructions

For what period is the re-issued permit valid?

The validity period of the permit remains the same — for the remaining period of the original document. This can be 10 months or only 2.

Is a quota needed when replacing a specialist?

No, a quota is not required. The replacement employee is registered in place of the departed one, and the total number of foreign labor does not increase.

Which documents are needed from the new foreign specialist?

• Diploma of higher education (with apostille or legalization);
• CV (in free form);
• Copy of the passport.

The rest of the document package is prepared by the employer.

What if the specialist has no higher education?

In Kazakhstan, priority is given to qualified personnel with higher education. Without it, obtaining a permit for the first or second category (management positions) is difficult. However, for categories 3 and 4 (specialists and skilled workers) secondary specialized education is acceptable.

What does the employer provide?

• Certificate of company registration;
• Charter of the enterprise;
• Description of the new specialist's position and duties;
• Staff structure (number of Kazakhstani and foreign employees);
• Description of the projects the specialist will be involved in;
• Role and functions of the foreign specialist in the projects.

Additional condition: compliance with the ratio of local to foreign workers — for categories 1 and 2 at least 70% local employees, for categories 3 and 4 at least 90% local staff.

Additional steps after receiving the permit

• Obtaining a C3 visa or a temporary residence permit (TRP);
• Obtaining an IIN;
• Filing an arrival notification in Kazakhstan;
• Monthly reporting;
• Annual filing of a quota application for foreign labor;
• Extending the permit for the next year if necessary.

Can family members accompany the foreign specialist?

Yes, accompanying persons can be a spouse and children under 18. For this, a separate document package for an accompanying C3 visa must be prepared.

What penalties are provided for violations?

An employer who hires a foreign specialist without a permit may be fined:

• Individuals — 30 MCI
• Officials — 50 MCI
• Small businesses and NPOs — 100 MCI
• Medium businesses — 200 MCI
• Large businesses — 700 MCI

If a foreign worker works in a position other than the one specified in the permit — the same fines as above.

For a repeat violation within a year:

• Individuals — 50 MCI
• Officials — 100 MCI
• Small businesses and NPOs — 200 MCI
• Medium businesses — 300 MCI
• Large businesses — 1000 MCI

Is it possible to work without a permit?

The legislation of the Republic of Kazakhstan provides various grounds and exceptions under which a foreign citizen can work without a standard permit. This article describes the classic procedure through a work permit. However, there are other visa categories and exceptions that give the right to legal employment. For details, we recommend contacting specialized consultants.