Article 40 of the Law of the Republic of Kazakhstan “On migration of population” prohibits the establishment of a legal entity, as well as participation in the charter capital of commercial organisations by means of joining the participants of legal entities by foreigners who have not obtained visas for entry as business immigrants.
Thus, foreigners to establish on the territory of the Republic of Kazakhstan or to become part of the founders of an existing commercial organisation must have a business immigrant visa.
An obligatory condition for business immigrants to stay in the territory of the Republic of Kazakhstan is to carry out entrepreneurial activities.
A business immigrant within two months from the date of entry into the territory of the Republic of Kazakhstan shall:
- register a commercial organisation in the Republic of Kazakhstan or become a participant (shareholder) of commercial organisations operating in the Republic of Kazakhstan in accordance with the civil legislation of the Republic of Kazakhstan;
- to deposit in the second-tier bank of the Republic of Kazakhstan an amount of money not less than the minimum amount established by the legislation of the Republic of Kazakhstan at the time of registration of a legal entity to form its authorised capital.
Business immigrants may move freely within the territory of the Republic of Kazakhstan open to foreigners and elect a place of residence in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Business immigrant (business visa visa category C5) is issued by the foreign authorities of the Republic of Kazakhstan on the basis of an invitation, if available:
- medical certificate confirming the absence of diseases, the presence of which prohibits the entry of foreigners and stateless persons into the Republic of Kazakhstan
- health insurance
- a certificate on the presence or absence of a criminal record issued by an authorised body of the country of citizenship or permanent residence
- certificate on the presence or absence of a ban on entrepreneurial activity on the basis of a court decision, issued by an authorised body of the country of citizenship or permanent residence.
- negative PCR test