Companies in need of work permits for foreign workers in quota-subject job categories in 2022 must file quota applications by Sept. 30.

Key Points:

  • Companies have until Sept. 30 to submit a quota application.
  • Failure to file a quota application by the deadline may prevent a company from being able to hire foreign workers.
  • More information regarding the rules for establishing quotas can be found here.

Additional Information: Filing a quota application is an annual requirement for companies that rely on foreign workers in quota-subject job categories.

Applications must be submitted in any region of Kazakhstan where the company has operations. Companies should not include foreign workers who do not require a work permit or those who will be working as an intra-corporate transferee. Authorities may reject applications in cases where employers have a record of violating immigration or labor law.

BAL Analysis: Companies should prepare their quota applications in order to meet the deadline. Companies that do not file the applications may have difficulty hiring foreign workers in quota-subject jobs next year. In addition to the mandatory quota application, employers are encouraged to file voluntary projections of their foreign labor needs for 2022 with the Department of Labor. This may allow them to receive priority consideration when additional quota numbers become available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – HIGH

Kazakhstan has extended visa expiration dates until Nov. 1 because of the COVID-19 pandemic.

Key Points:

  • Visas and other legal documents with expiration dates between March 16 and Nov. 1 will remain valid through Nov. 1.
  • The extension covers foreign passports, visas of any kind, temporary residence permits, residence permits and work permits.
  • Foreign nationals without a visa may also legally stay in Kazakhstan until Nov. 1. For those who intend to stay beyond Nov. 1, the inviting party must apply for an extension of stay before that date.
  • Foreign nationals who are family members of Kazakhstan citizens may apply for a C2 category family reunion visa.
  • Employers have until Nov. 1 to apply for C3 category visa for foreign nationals for whom they previously obtained a permit.
  • Foreign nationals have until Nov. 1 to apply for a residence permit. They can do so even if the documents from the country of residence are expired.
  • The government is waiving the requirement of being in Kazakhstan for 183 days for a residency permit. Permit holders who are aboard will not have time counted against them until after Nov. 1.

Background: Air travel in Kazakhstan remains limited. Only citizens with permits or foreign nationals with some exemptions can travel. Additionally, flights are currently limited to a handful of countries.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

IMPACT – MEDIUM

Kazakhstan is opening up to travel from a growing number of foreign countries.

Key Points:

  • Under a recent change, foreign nationals from Belarus, Germany, Kyrgyzstan, the Netherlands, South Korea, Turkey, Ukraine and the United Arab Emirates may travel to Kazakhstan.
  • Foreign nationals from those countries do not need authorization if they have a valid visa.
  • Those individuals must have direct flights from those countries to Kazakhstan.
  • Foreign nationals from any country who have a family member (spouse, parent or child) who is a Kazakhstan citizen may gain entry into the country. They do not need special authorization; however, if they travel to Kazakhstan and leave, they will not be allowed back in for 30 days.

Background: Travel from most foreign countries remains suspended. Travel from China, Georgia, Japan, South Korea, Thailand and Turkey resumed in June, but travel from Georgia is now suspended. Travel from the countries listed above resumed in late August.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

 

 

IMPACT – HIGH

Foreign nationals without a current visa have until today, Aug. 5, to leave Kazakhstan. Those who do not will not have their visas renewed and could face administrative penalties.

Key points:

  • Those currently in Kazakhstan with expired visas should contact their municipality’s Migration Police office as soon as possible to obtain an exit visa.
  • Non-citizens who need to travel by vehicle from areas with restricted movement in order to reach an airport with international flights must request assistance from their home country’s consulate. The consulate can request passage through the checkpoints from the Government of Kazakhstan (GoK).
  • Based on the GoK’s requirements, non-citizens must provide their home country’s consulate with the following information at least four business days before your scheduled flight: name, passport number, residential address in Kazakhstan, purpose of stay in Kazakhstan, flight number, license plate number of vehicle transporting you to airport.
  • This information will be shared with the Kazakhstani Ministry of Foreign Affairs.

Background: Quarantine measures have been extended countrywide. Quarantine restrictions that began July 5 remain in place and have been extended through at least Aug. 16.

Analysis & Comments: Foreign nationals currently in Kazakhstan without a current visa are encouraged to contact Deloitte. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the reminder? Companies in need of work permits for foreign workers in quota-subject job categories in 2021 must file quota applications by July 31.

  • Implementation time frame: Applications are being accepted and will continue to be accepted through July 31.
  • Visas/permits affected: Work permits.
  • Who is affected: Companies seeking work permits for quota-subject foreign workers in 2021.
  • Business impact: Failure to file a quota application may prevent a company from being able to hire foreign workers.

Additional information: Filing a quota application is an annual requirement for companies that rely on foreign workers in job categories subject to quotas. The quota application must contain the number of work permit holders the company currently has as well as the number the company intends to hire in 2021. Applications must be submitted in any region of Kazakhstan where the company has operations. Companies should not include foreign workers who do not require a work permit or those who will be working as an intra-corporate transferee. Authorities may reject applications in cases where employers have a record of violating immigration or labor law.

Because of potential quarantine-related delays, it is recommended that employers not wait until the end of July to submit their applications. It is also recommended that applications be submitted on time or it may not be possible to obtain work permits or permit renewals. The application form can be found here. After an applicant has received a work permit it will also be necessary to obtain an entry permit from the Interdepartmental Commission because of the quarantine.

Analysis & Comments: Companies should begin preparing their quota applications in order to meet the deadline. Companies that do not file the applications may have difficulty hiring foreign workers in quota-subject jobs next year. In addition to the mandatory quota application, employers are encouraged to file voluntary projections of their foreign labor needs for 2021 with the Department of Labor. This may allow them to receive priority consideration when additional quota numbers become available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

IMPACT – HIGH

Kazakhstan has made changes to work permit rules and ended its state of emergency.

Key Points:

  • Applications for initial work-permits, renewals and amendments are now only accepted electronically using these government websites: egov.kz and elicense.kz. Required supporting documents are to be submitted through them as well.
  • Previously, having a job reference from a former employer was required for securing a work permit that was not covered by an intra-company transfer. Now, the new employer is required to provide a confirmation letter showing the employee’s skills and experience match the offered job.
  • Employers are obligated to replace foreign employees with local ones within a period of six months to one year when requesting work permits for fourth-category employees (i.e., employees who are not managers or specialists).
  • Work permit renewal applications are to be submitted no earlier than 60 days before the work permit expiration date. The deadline for renewal application submission is still 30 days before the work permit expiration date.
  • The state of emergency in Kazakhstan ended May 11.
  • Additionally, visas, residence permits and work permits that expired during the state of emergency are valid until July 10. The state of emergency was in effect from March 16 to May 10. Visa-free stay terms have also been extended until July 10.
  • Foreign nationals in Kazakhstan whose documents and stay terms expired during the state of emergency are allowed to leave the country or secure a new residence permit or visa until July 10.
  • Previously announced restrictions on the entry of foreign nationals into the country remain in effect, as do previously issued exceptions.
  • The visa-free travel program for foreign nationals from 57 countries has been suspended until Nov. 1.
  • In accordance with bilateral international agreements, visa-free entry is allowed for foreign nationals from the following countries: Argentina, Armenia, Azerbaijan, Belarus, Brazil, Ecuador, Georgia, Hong Kong, Kyrgyzstan, Moldova, Mongolia, Russia, Serbia, Tajikistan, Ukraine, and Uzbekistan.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

IMPACT – HIGH

Kazakhstan has lifted its national state of emergency and implemented several measures to provide relief to foreign visitors.

Key points:

  • The state of emergency was lifted on May 11.
  • Foreign nationals who were staying in the country during the state of emergency but were unable to leave because of conditions beyond their control are not liable for violating their stay terms.
  • Following the end of the state of emergency, the government granted two months for foreigners in the country to settle their legal status. During this two-month period, foreigners will not be sanctioned for violating the terms of their stays. They are also free to leave Kazakhstan until July 10. Processing exit documents at the migration service is not necessary during this period.
  • Foreigners in the country have the right to replace expired documents or extend their stay periods, if they are planning to remain, but must do so by July 10.
  • After the two-month period has ended, effective July 11, foreigners who are still in the country who have not renewed their period of stay, will be liable.
  • Host entities can request extensions from the migration service for a work permit, general power of attorney, a labor agreement, a contract for services provided, and other documents, like a labor patent.
  • Appropriate visas or temporary residence permits will be granted by the migration service.

Analysis & Comments: The lifting of the national state of emergency and the relief measures for foreign visitors will impact the movement of people into and out of Kazakhstan. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

 

IMPACT – HIGH

Kazakhstan has suspended visa-free travel for nationals from 57 countries to mitigate the spread of COVID-19.

Key points:

  • The unilateral visa-free regime has been suspended for nationals from 57 countries until Nov. 1. A list of the countries is available here.
  • After Kazakhstan’s borders are opened, nationals from the 57 countries will be required to have a visa to enter the country. At that time, new visas will only be issued to foreign nationals who have a medical certificate demonstrating the absence of COVID-19.
  • The medical certificate must be granted within 48 hours before applying for a visa at the consulate.

Analysis & Comments: The visa-free travel suspension and visa application changes will impact the movement of people into Kazakhstan. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

IMPACT – HIGH

What is the change? Authorities have stated they have temporarily suspended work permit issuance to residents of China, Germany, Iran, Italy, South Korea and Spain.

What does the change mean? Nationals of these countries and regions will be denied work authorization until further notice.

  • Implementation time frame: March 1.
  • Visas/permits affected: Work permits.
  • Who is affected: Foreign nationals from China, Germany, Iran, Italy, South Korea, Spain, and their employers.
  • Business impact: Employers of foreign nationals traveling from the above countries and regions may experience significant delays affecting employee mobility.

Additional information: Kazakhstan has mandated the following preventative measures for foreign nationals arriving from affected areas:

  • China, Iran and South Korea: 14 days of quarantine and 10 days of monitoring after quarantine discharge.
  • Italy: Self-isolation for 14 days with daily monitoring through medical worker calls.
  • Germany and Spain: Daily monitoring through medical worker calls.

Analysis & Comments: The temporary work permit issuance ban and quarantine measures are part of Kazakhstan’s increased efforts to contain the spread of the COVID-19 virus. Employers must be prepared to be flexible with employee schedules and start dates for employees who are affected by the work permit ban. The response to the COVID-19 outbreak continues to develop, and Deloitte will provide additional updates as information becomes available.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? Kazakhstan has amended the stay period allowed for foreign nationals visiting Kazakhstan under the visa-free regime.

What does the change mean? Visa-waived travelers are now allowed to stay in Kazakhstan for no more than 90 days in a 180-day period. Travelers are permitted to stay in the country for up to 30 days without a visa.

  • Implementation time frame: Jan. 11.
  • Visas/permits affected: Visa waivers.
  • Who is affected: Visa-waived tourists and business travelers not covered under a bilateral agreement between Kazakhstan and their country.

Background: Previously, no counting rules were applied, and foreign nationals could visit the country for an unlimited number of stays as long as each trip did not exceed 30 days. Currently, visa-waived tourists and business travelers are only allowed to stay in Kazakhstan for a total of 90 days within a 180-day period, and the permitted stay period for individual trips is still 30 days.

Analysis & Comments: Employers should be aware of the new counting rules and ensure that their employees are conducting business in Kazakhstan for no more than 90 days in a 180-day period. Employees conducting work activities in Kazakhstan are reminded to apply for an applicable visa prior to entry.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.