As of May 28, 2024, amendments and additions to the Law “On Migration” come into force, which complicate the process of LLP registration for citizens of the EAEU (Russia, Kyrgyzstan, Armenia and Belarus), as well as Azerbaijan and Tajikistan.

Ban on establishing companies without a stay/residence permit

Under the new rules, foreigners are prohibited from establishing a legal entity or participating in the authorized capital of commercial organizations without obtaining an entry visa or temporary residence permit (TRP) as business immigrants, except for those with a residence permit or a stateless person’s certificate. This requirement comes into effect on May 28, 2024. Thus, EAEU citizens who arrive in Kazakhstan and wish to register an LLP must now first obtain a residence permit for business immigrants.

The law also specifies that foreigners with a residence permit may register a legal entity without the need to obtain a residence permit for business immigrants.

In order to obtain a business immigrant’s residence permit, a business immigrant must submit a document issued by the Akimat on entrepreneurship to the CON, migration service or through the egov portal.

Since February 2024, foreign citizens cannot receive an IIN by proxy, but only in person. Now, in order to register an LLP by an EEU citizen, it is necessary to first obtain a business immigrant’s RVP, which makes remote registration of LLPs impossible.

Migration control

The Law “On Migration” has been amended to introduce a mechanism of control over compliance with migration legislation by legal entities and individuals. These changes will come into force from July 17, 2024. Responsibility for control is assigned to territorial bodies of internal affairs, namely migration services. Inspections may be carried out unscheduled in respect of individuals and legal entities that accept foreigners or stateless persons and/or use foreign labor force.

Inspections are carried out by decision of the head of the territorial body of internal affairs on the basis of applications from citizens, legal entities or state bodies. The inspectors have the right to be freely admitted to the territory of the inspected person and to receive the necessary documents both in paper and electronic form. This means that in practice the places of residence of foreigners at the place of their registration or the offices of companies where foreign nationals are employed may be checked. The check must be completed within 7 working days, but in some cases the period may be extended to 15 calendar days. Comments or objections may be made to the act of verification, to which the auditing body is obliged to respond within 10 working days, explaining the measures taken. The inspected person has the right to refuse to sign the act of inspection, providing a written explanation of the reason for refusal. In case of absence of violations, this is noted in the act of inspection. In case of detection of administrative or criminal violations, appropriate measures are applied in accordance with the Code of Administrative Offenses and the Criminal Code.

Kazakhstan