Assistance in Obtaining a Temporary Residence Permit (TRP) in Kazakhstan for EAEU Citizens Based on an Employment Contract

Yes, the spouse and children of a foreign worker are eligible to receive a temporary residence permit as accompanying persons. Their permit will be valid for the same period as the primary applicant's temporary residence permit. 
 To obtain a temporary residence permit, you will need:
 

• Marriage certificate (for spouse);
• Birth certificates of children;
• Documents confirming kinship.

All documents must be provided as notarized copies with a legalization stamp or apostille (depending on the country of issue). 
 Important: Children under 16 do not require a separate temporary residence permit—they automatically follow their parents' residence permit.

In the era of cross-border hiring, classical notions of labor migration are becoming outdated. Today, a foreign specialist may be on the payroll of a company in Kazakhstan but never see Astana or Almaty. A logical question arises: does this work format obligate them to obtain a Kazakhstani temporary residence permit (TRP)?

The short answer is no. Moreover, attempting to obtain a TRP in such a situation would be legal nonsense. Let us examine why this is the case and what nuances arise for different categories of employees.

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TRP and Territory: Two Inseparable Concepts
A temporary residence permit is a document that legalizes a foreigner's stay on the territory of Kazakhstan. The key criterion is embedded in the term itself: the person must reside in the country, i.e., be physically present there.

If an employee:

• has not entered Kazakhstan,
• has not crossed its border,
• does not rent or purchase housing on the territory of the Republic of Kazakhstan,
• does not spend more than the permitted period in the country (for most foreigners, this is 30 or 90 days depending on citizenship),
  

then for migration authorities, they simply do not exist as an object of regulation. Kazakhstani migration legislation only begins to apply from the moment of actual border crossing. As long as a person lives in another country, the state has neither the grounds nor the mechanisms to require them to obtain a TRP.

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Legal Nuance: Employment Exists, Residence Does Not
The situation where a foreigner is employed by a Kazakhstani LLC but permanently lives abroad lies not in the realm of migration law, but in the sphere of labor and tax relations. The existence of an employment contract with a Kazakhstani legal entity does not automatically create an obligation to obtain a TRP. A TRP is tied to the actual place of stay, not to the place of work or source of income.

However, the legal regime for such employees differs significantly depending on their citizenship. Let us consider two main scenarios.

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Scenario A: Employee Is a Citizen of an EAEU Country (Russia, Belarus, Armenia, Kyrgyzstan)
Legal status
Citizens of the Eurasian Economic Union are in the most favorable position. The EAEU Treaty allows them to work in Kazakhstan without obtaining any permits for the attraction of foreign labor. To be employed, it is sufficient to conclude an employment contract directly with the employer – no visa or special quota is required.

Remote work from abroad
If an EAEU citizen:

• has signed an employment contract with a Kazakhstani LLC (remotely or during a short-term visit),
• receives a salary in tenge into a Kazakhstani account,
• interacts with colleagues remotely,
• but permanently lives outside Kazakhstan,
  
  

then the issue of a TRP does not even arise. This document is intended exclusively for those who are actually present in the country. If the person has not crossed the border of the Republic of Kazakhstan or their stay falls within the permitted periods (up to 30 days without registration, up to 90 days with registration, but no more than 90 days within a 180-day period), migration legislation does not apply to them.

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Scenario B: Employee from a Visa Country (Not in the EAEU and Not in the CIS Visa-Free List)
Visa requirements
For citizens of countries not belonging to the EAEU (and not included in the list of CIS states with a visa-free regime – Uzbekistan, Tajikistan, Azerbaijan), employment with a Kazakhstani LLC requires obtaining a C3 work visa. The procedure for obtaining it is multi-stage:

1. The employer obtains a permit to attract foreign labor.
2. An invitation is issued through the migration service (coordination with national security authorities may take up to 30 days).
3. The employee submits documents to the Kazakhstani consulate in their country.
   
   

Key point: The C3 visa is issued specifically for entry and the performance of work activities on the territory of Kazakhstan. The legislation does not provide for the possibility of having a work visa while permanently staying abroad. A visa is a permit for entry and stay, not just a formality for being placed on the payroll.

Alternative: Civil Law Contract (CLC)
For remote work without physical presence in Kazakhstan, citizens of visa countries are suited to another form – a contract for the paid provision of services (CLC). In this case:

• A C3 visa is not required, as the foreigner does not enter Kazakhstan for hired work. They remain a resident of their country and provide services remotely.
• Payment can be made to their account in a foreign bank and in foreign currency. This fully complies with Kazakhstani currency and migration legislation, since the funds are transferred to a non-resident for services provided outside the Republic of Kazakhstan.
• Taxation: The income of a non-resident from sources in Kazakhstan is subject to tax at the source of payment. Typically, the rate ranges from 10% to 20% (corporate income tax and individual income tax at source), but may be adjusted by international double taxation agreements.
  

Important Distinction
One must not confuse an employment contract and a CLC. If a citizen of a visa country works remotely under an employment contract but does not have a C3 visa and does not enter Kazakhstan, a legal conflict arises: formally, employment relations exist, but the employee cannot physically perform their labor function on the employer's territory. This creates risks during inspections – for both the company and the employee. A CLC is a legally more correct structure in such a case.

The issue of foreign participation in Kazakhstani business requires a clear understanding of: what exactly is the foreigner's status and what actions do they plan to take. A key change in 2024 radically separated the concepts of "TRP holder" and "business immigrant."

The Main Misconception: TRP Does Not Equal the Right to Do Business
The fact that a foreigner has a temporary residence permit (TRP) obtained on the basis of an employment contract with Company "A" does not automatically give them the right to become a founder (co-founder) of another Company "B."

Since May 28, 2024, fundamental amendments to the Law of the Republic of Kazakhstan "On Population Migration" have come into force. According to paragraph 2 of Article 40 of the Law, foreigners are prohibited from creating a legal entity or participating in the authorized capital of commercial organizations if they do not have the status of a business immigrant.

Simply put, the legislation has introduced a separate migration purpose – "business immigration." A TRP issued for this purpose and a TRP issued for an employment contract are different documents with different legal regimes.

Two Different Categories: "Employee" vs. "Business Immigrant"
To clearly demonstrate the difference, let us present it in the form of a table:

Criterion	Foreigner with TRP for Employment	Foreigner with Business Immigrant Status
Basis for issuing TRP	Employment contract with a Kazakhstani employer (paragraph 10 of Article 39 of the Law)	Intention to engage in entrepreneurial activity (paragraph 8 of Article 39 of the Law)
Right to register an LLC or purchase a share	No. To do this, it is first necessary to change the purpose of stay to "business immigration," obtain the corresponding TRP, and only then register the company.	Yes. This is the direct purpose of their stay. They are obliged within a certain period (usually 90 days) to register a company or become a member of participants.
Receiving party	Employer	Akimat (local executive body)

What Exactly Did the Law Change from May 28, 2024?
Previously, there was some uncertainty, and EAEU citizens could register an LLC while in a visa-free regime. Now the procedure has been unified:

1. Prohibition on "direct" establishment: A foreigner (including EAEU citizens) cannot simply come and register an LLC.
2. Mandatory status: To create a company or enter into the authorized capital, it is necessary to first legalize as a "business immigrant" – obtain a C5 category visa (for countries with a visa regime) or a business immigrant TRP (for EAEU countries).
3. Two-stage TRP acquisition for business: The procedure for a business immigrant now looks like this:
   
   • First stage: Entry and obtaining a short-term TRP (for 90 days) as an individual planning to become a business immigrant.
   • Second stage: Registration of an LLC within these 90 days.
   • Third stage: Extension of the TRP for up to 1 year based on the established company.
     

What About Foundership? Can You Simply Own a Share Without Working?
It is important to distinguish between actual ownership and legal right. If a foreigner wishes to become an owner of a share in a Kazakhstani LLC, under the new rules they are obliged to undergo the business immigration procedure. "Silent" ownership of a share without business immigrant status after May 28, 2024 becomes impossible at the stage of registration or purchase of that share.

If you already have a TRP for employment and wish to become a founder, you will have to:

1. Initiate the procedure to change the purpose of stay.
2. Obtain a new TRP as a business immigrant (the old "work-based" TRP will lose force unless you maintain the employment relationship).
3. Register the company.
   

Before discussing departures, it is necessary to understand the fundamental difference in the philosophy of control.

The visa-free regime (the 90/180 rule) works as a "presence counter." The border service monitors to ensure that a foreigner does not exceed the limit of days on the territory of the country. You leave — the counter stops; you arrive — it continues. The goal is to prevent a person from "disappearing" into the country without status.

A TRP is already a full-fledged legal status. The state recognizes that a foreigner has the right to live in Kazakhstan for a certain period (usually 1 year). Therefore, the focus of control shifts: what matters is not how many days you actually spent inside the perimeter, but whether you comply with the conditions for granting the status.

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Rule One: The Calendar Cannot Be Deceived
The validity period of a TRP is strictly tied to the dates specified in the document. The mechanism of "freezing" the period during absence from Kazakhstan does not work.

Example:
You received a TRP on March 1, 2024, for a period of 1 year — until March 1, 2025.
In June, you left on vacation to Turkey for 45 days.
You returned in August.
Your TRP will still expire on March 1, 2025. No compensation is provided for days spent outside the country.
This is logical: a TRP gives you the right to be in the country during this period, but does not oblige you to be there every second.

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Rule Two: There Are No Quantitative Limits (Almost)
For TRP holders, the rule of "no more than 90 days in a six-month period" does not apply. You can leave and enter an unlimited number of times during the validity period of the document. The only strict condition is not to allow your continuous departure (one round trip) to exceed the period for which you are permitted entry under your status. But since a TRP usually grants the right of multiple border crossings for its entire validity period, this problem rarely arises.
The main thing is to always have a valid identity document and the TRP itself (or a certificate of its issuance) with you when crossing the border.

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Rule Three: What Is Checked Upon Renewal
When the time comes to renew the TRP for a new period, the migration service does not look at the stamps in the passport regarding departures, but at three key parameters:

1. The relevance of the employment relationship. You must have a valid employment contract with a Kazakhstani employer. If you resigned during the year, it is important that the gap between resignation and new employment does not exceed 15 working days (otherwise the status is interrupted).
2. Registration at the place of residence. You are obliged to have valid registration at your residential address for the entire duration of your stay in Kazakhstan. If you moved out of an apartment and did not register at the new address within the prescribed period (usually 5 days after moving in), this is a violation. Departures themselves do not cancel registration unless you have deregistered.
3. Absence of violations of the law. Fines, administrative protocols, violations of migration registration — these are what can actually hinder renewal.
   
   

Important conclusion: the very fact of a vacation or business trip does not affect the renewal decision at all, provided all other conditions are met.

Most foreigners fall into the trap of trying to apply the logic of the visa-free regime to the TRP regime. These are different worlds.

• The "90/180" rule is a strict limit for those who do not have a TRP. The border service counts every day you have spent in Kazakhstan over the last 180 days. The limit is 90 days. Once exhausted, you must leave and wait for the counter to "reset."
• A TRP is your legal status. The state has given you permission to live in the country for a specified period (usually 1 year). Here, a different logic applies: what matters is not how many days you have physically been inside, but whether you comply with the conditions for granting the status.
  
  

Why Is a TRP Not Cancelled If You Are Present for Less Than 90/180 Days?
You have described the classic scenario of a TRP holder who travels extensively or works on the road.

• The "90/180" rule does not apply to TRP holders. As long as you have a valid permit, days spent in Kazakhstan do not count toward the visa-free limit. You can enter and leave as many times as you wish during the validity period of your TRP.
• The total period of residence is not controlled. The law does not require that you "accumulate" a minimum of 180 or 300 days of presence per year. Your TRP is valid from one specific date to another specific date, and these dates do not shift due to your travels. You leave for a month — your TRP continues to tick, and upon your return, you use the remaining period.
• The only requirement is to return BEFORE the TRP expires. It is critically important not to be late. If your TRP expires on December 31, you must either renew it in advance or leave the country no later than that day. Being even one day late will make your stay illegal.

What Is the Nuance?
Formally, for maintaining your current TRP and its annual renewal, your travels are not a problem. The migration service, upon renewal, looks at three things:

1. The existence of a valid employment contract.
2. The absence of breaks in employment relations (if you resigned, whether you met the 15-day window for new registration).
3. The existence of valid registration at your residential address (you should not deregister during absences if you retain the housing).
   
   

HOWEVER!
If you plan to obtain a permanent residence permit (PRP) in the future, your frequent and lengthy absences may become a problem.
For a PRP, you need to confirm continuous residence in Kazakhstan for 5 years. And here, the concept of "continuity" is interpreted differently:

• The law does not establish a clear limit in days, but in practice, leaving for more than 2-3 months in a row or regular lengthy absences (for example, living 5 months a year abroad) may be interpreted as an interruption of the continuous residence period.
• The inspector will assess where the "center of your life interests" is located. If you spend the majority of your time outside Kazakhstan, you may be denied recognition of 5 years of continuous residency.
  

A temporary residence permit (TRP) in Kazakhstan has a specific purpose and is inextricably linked to the legal basis on which it was issued. If that basis is employment, then the foreigner's status directly depends on maintaining an official relationship with a specific employer.

Consequences of Termination of an Employment Contract
The termination of an employment relationship with the employer that acted as the receiving party automatically deprives the foreign citizen of the legal basis for further stay in the republic. Legally, this looks as follows:

• Loss of legal status: From the moment of dismissal, the foreigner ceases to meet the requirements under which the TRP was issued. Further stay in the country becomes illegal.
• Obligation to leave the territory of the Republic of Kazakhstan: If the former employee has no alternative legal grounds for stay (for example, marriage to a citizen of the Republic of Kazakhstan, study at a university, refugee status), they are obliged to leave Kazakhstan. The deadline for departure is not strictly defined by law, but delay threatens the imposition of an administrative penalty.
• Interaction with government authorities: Although regulations do not directly require the employer to cancel the employee's TRP, it is the employer who is obliged to inform the migration service of the termination of the employment contract with the foreigner. Upon receiving the notification, authorized bodies initiate the procedure for terminating the document.
  

Procedure for Changing Jobs
If a foreigner plans to continue working in Kazakhstan but with another employer, simply changing offices without paperwork is not permitted. Working at a new place under the old TRP is qualified as a violation of migration legislation.

The legal transition structure includes the following steps:

1. Termination of the contract with the old employer: The standard dismissal procedure takes place, about which the employer notifies the migration authorities.
2. Conclusion of a contract with the new employer: The new employer must be ready to act as the receiving party.
3. Submission of a petition for reissuance: An important advantage of Kazakhstani legislation is that a foreigner may not need to leave the country to change their TRP. Provided that the previous permit is still valid (its term has not expired), the new employer submits a package of updated documents to the migration service with a petition to reissue the status in their name.
   

Liability for Working Without Reissuance
Ignoring the TRP reissuance procedure when changing jobs entails joint liability:

• For the employee: Fine, cancellation of the current TRP, deportation followed by a ban on entry into Kazakhstan for up to 5 years.
• For the new employer: Large administrative fine for illegal attraction of foreign labor.
  

Comparative Table of Situations

Situation	Legal Consequences	Necessary Actions
Dismissal (without new employment)	Cancellation of TRP. Need to leave the Republic of Kazakhstan in the absence of other grounds.	Departure from the country or change of status to another legal basis (e.g., tourism, if the visa-free regime permits).
Dismissal with transfer to another employer	Old TRP ceases to be valid. Working under the old document is impossible.	Reissuance of TRP through the new employer without leaving the Republic of Kazakhstan.
Working for a new employer without reissuance	Administrative offense. Fine, deportation, entry ban.	Immediate contact with the new employer for legalization or cessation of work.

Summary
A TRP issued on the basis of an employment contract is a fixed-term status "tied" to a specific employer. Dismissal automatically raises the question of the need to leave the country. However, Kazakhstani migration law provides for a civilized mechanism for changing jobs without leaving the country through the permit reissuance procedure, which allows a foreigner to maintain legal status when changing professional activities.