Business Visa C5 to Kazakhstan: A Complete Guide to Requirements and Application

According to the provisions of the Law of the Republic of Kazakhstan "On Population Migration," foreign citizens cannot create legal entities or participate in the authorized capital of commercial organizations unless they have obtained:

• an entry visa
• or a temporary residence permit as a business immigrant. 

Thus, before registering a company or joining the participants of an existing organization, a foreign citizen must obtain:

• either a temporary residence permit for a business immigrant (for citizens of EAEU countries – Russia, Belarus, Armenia, Kyrgyzstan, as well as for citizens of Azerbaijan, Uzbekistan, and Turkmenistan)
• or a category C5 visa for citizens from other countries.

The C5 visa category is intended for entrepreneurs from countries with which Kazakhstan has a visa regime and who plan to register their own business or become a founder of a company in Kazakhstan. This visa provides the opportunity to legally reside in the country and engage in entrepreneurial activities.

Registering a company or joining the participants without first obtaining a C5 visa may become grounds for canceling the company's registration through a court order.

There are two types of C5 visas:

• Single-entry C5: Valid for up to 90 days and intended for the first arrival to start business registration.
• Multiple-entry C5: Can be issued for up to 2 years, allowing frequent border crossings for business purposes.

It is only possible to obtain the initial single-entry visa abroad, at Kazakhstani embassies or consulates, provided there is an invitation from a local company. Later, while already inside the country, the document can be extended.

The C5 visa allows not only for establishing or purchasing a business but also for officially holding a managerial position in one's own organization, without the need for a separate work permit.

Special conditions apply to ethnic Kazakhs – the validity period of a C5 visa for them can reach up to three years.

Before registering a legal entity, a foreign citizen must obtain a single-entry C5 visa, which is issued for a period of up to 90 days.

Conditions for issuing a category C5 business immigrant visa to a foreign citizen:

• Invitation from a local company, with a number obtained from the migration service.
• Applicant's age of majority.
• Health insurance.
• Certificate of criminal record / no criminal record.
• Provision of a medical certificate confirming the absence of diseases that hinder work activity.
• Completed and signed visa application.
• Photograph of the established format.
• Payment of a consular fee of approximately 80 US dollars.

The invitation is issued by any commercial organization, business partners, clients, or a law firm. The invitation letter from the Kazakhstani organization must contain a special visa support code, which must be approved by the relevant structures of the Ministry of Internal Affairs of Kazakhstan.

It is important to consider that the inviting party bears a certain responsibility for the invitee regarding their compliance with laws and must guarantee payment of deportation expenses if such a need arises and the invitee does not have the means to leave.

All documents issued outside Kazakhstan must undergo a legalization or apostille procedure, except for cases when they are issued in CIS countries – in such cases, presenting the originals is sufficient.

When submitting documents for company registration or joining a company at the Public Service Center (PSC), the foreign citizen's crossing of the Republic of Kazakhstan border at the time of submission is mandatory.

Furthermore, within two months from the date of entry into the Republic of Kazakhstan, the foreign citizen is obliged to perform the following actions:

• Register a commercial organization or join the participants (shareholders) of existing organizations.
• Deposit into a second-tier bank of the Republic of Kazakhstan an amount not less than the minimum established by law for the formation of the authorized capital.
• Timely notify the migration authorities of their arrival.

In case of failure to fulfill these obligations, the internal affairs bodies, upon the request of local executive bodies, may shorten the foreign citizen's period of stay in the Republic of Kazakhstan to the date necessary for their voluntary departure.

When a foreign entrepreneur completes the procedure of registering their enterprise in Kazakhstan and contributes the authorized capital in full, they may stay in the country for a longer period. To this end, the possibility of extending the C5 visa while simultaneously obtaining its multiple-entry version is provided.

In most cases, the multiple-entry C5 visa is issued for a period of up to two years. However, for representatives of the Kazakh diaspora of ethnic origin, the permit can be issued for a period of up to three years.

The procedure consists of several key steps:

• Filing an official request. The prospective applicant prepares a petition letter to the local akimat where the company was registered. The package also includes documents confirming the state registration of the enterprise and the contribution of the authorized capital in accordance with established requirements.
• Submitting documents to the migration department. After the akimat reviews the documents and gives its consent, the foreigner submits all supporting materials to the migration service for further processing of the application.

Previously, under the old version of the rules, the extension of the C5 visa could only be initiated by the inviting party that had issued the initial invitation. This led to the need for a double visa entry: first for 90 days from the inviting company, and then from the legal entity of which the foreigner becomes a founder.

The new version of Rule No. 53 eliminated this ambiguity. Now, the extension of the C5 visa can be processed at the migration service of the Republic of Kazakhstan within the country, without the need to travel abroad. This simplifies the procedure and makes it more logical.

In terms of timing, the review of petitions can take a considerable amount of time, and it is recommended to address this issue immediately after registering the legal entity and contributing the authorized capital, without delay.

Close relatives of a business immigrant also have the opportunity to legally stay in Kazakhstan after obtaining a visa for family reunification – this permit falls under category C2. However, to exercise this right, certain conditions must be met. It is recommended to clarify the detailed nuances of registration with specialized migration professionals.

Who Can Qualify for a C2 Visa:

• Husband or wife, if the marriage has lasted at least one year.
• Biological and adopted children under the age of majority (under 18), unmarried.
• Adult children, including adopted ones, if they are over 18, unmarried, and due to health reasons cannot support themselves.
• Parents who are fully dependent on the immigrant and are unable to work.

Conditions for Stay under a C2 Visa:

• The multiple-entry C2 visa is usually issued for a period of up to 12 months.
• It is possible to obtain a residence permit under this category not only through a consulate but also while already inside the country, holding a B10 (private trip), C3 (employment), C5, or C9 (study) visa.
• Foreign citizens who are of legal age and are in Kazakhstan on a C2 visa have the right to engage in work activities.
  

The status of a business immigrant implies opening one's own business or becoming a founder of a Kazakhstani company. A labor migrant is a person hired for employment. The work visa, which is category C3, is issued for foreigners arriving for employment. This may include heads of organizations, heads of branches, as well as qualified specialists of various profiles: engineers, technical workers, managers, IT experts, and others.

The C3 visa is arranged by the employer company that wishes to attract a specialist from abroad. To obtain a C5 business visa, all documents are submitted personally by the applicant planning to create a new enterprise or purchase a stake in an existing business.

In practice, the business community often confuses these two categories, leading to situations where a foreign founder uses a C3 visa issued for work in one organization to open another company, which contradicts the established rules.

It should be noted: if a foreign citizen becomes the head of their own registered company in Kazakhstan, a C5 visa is sufficient. A C3 work visa is not required in this case.

The C5 visa for businessmen opens up various advantages that facilitate legal entrepreneurial activity in Kazakhstan: 

• Possibility of long-term stay. After extension, this type of visa allows legal residence in the country for up to two years, which is important for strategic business development and the implementation of long-term projects.
  
• Legal conduct of commercial activities. Holders of the C5 visa can officially open their own enterprises or acquire equity stakes in existing companies, providing flexibility in choosing a business model.
  
• Direct access to the Kazakhstani market. Owners of this visa have the right to independently manage their business in Kazakhstan, use local infrastructure and resources, as well as establish logistics links and interaction with Kazakhstani suppliers.
• Simplified access to EAEU markets. Since Kazakhstan is a member of the Eurasian Economic Union, entrepreneurs with a C5 visa can build business relationships with companies from other member states without obtaining additional visas.
  
• Protection from the consequences of violating visa status. If a foreigner neglects to obtain the appropriate business visa, it can lead to a refusal to extend the residence permit and the need for an urgent departure from the republic. Obtaining a C5 visa minimizes the risks of such problems.
  

Not everyone manages to correctly prepare all the documents and successfully navigate the entire visa application process.

Problems Obtaining the Invitation Letter for the Initial Visa
One of the main difficulties is preparing the invitation letter for the C5 visa. It is impossible to obtain such a visa without an invitation from an existing Kazakhstani company; however, to create a new enterprise, the foreigner must first enter on this visa. To break this deadlock, applicants often turn to specialized law firms that legally help obtain the necessary invitation and guide them through the procedure according to the requirements.

Format of the Invitation Letter:

Difficulty with Visa Extension: Transitioning from Single-Entry to Multiple-Entry
The initial C5 visa is valid for up to 90 days, and obtaining a multiple-entry visa is only possible after registering the company. However, many applicants start the extension process too late. Since a single-entry visa can only be extended if documents are submitted no later than 5 days before its expiration, and obtaining confirmation from the Entrepreneurship Department takes up to 15 business days, it is recommended to begin preparing all necessary documents immediately after creating the legal entity. This will allow for timely submission – documents are accepted starting 30 days before the initial visa expires.

Mistakes When Leaving the Country
Another common problem arises when a foreign founder leaves Kazakhstan after registering their enterprise, planning to return later to extend the visa. It is important to remember that the first C5 visa is single-entry, and it loses its validity upon departure. In such a case, it would be necessary to re-submit documents to obtain a new single-entry visa, and only after that – to apply for the long-term one. Therefore, to avoid unnecessary difficulties and time loss, it is recommended not to leave the country until all stages of visa processing are completed.