On Approval of the Rules for Issue of a Petition for Investor Visa Receipt by nonresidents of the Republic of Kazakhstan carrying out the investment activities in the territory of the Republic of Kazakhstan

Updated Unofficial translation

Order No. 1265 of the Minister for the Investments and Development of the Republic of Kazakhstan dated December 29, 2015. Registered in the Ministry of Justice of the Republic of Kazakhstan on February 10, 2016 under No.13039.

      Unofficial translation

      Pursuant to paragraph 7 of Article 282 of the Entrepreneurial Code of the Republic of Kazakhstan and sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” I HEREBY ORDER:

      Footnote. Preamble - as reworded by order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-4/243 dated 26.05.2022 (shall be promulgated ten calendar days after the date of its first official publication).

      1. The attached Rules for Issue of a Petition for Investor Visa Receipt by nonresidents of the Republic of Kazakhstan carrying out the investment activities in the territory of the Republic of Kazakhstan shall be approved

      2. The Investment Committee of the Ministry for Investments and Development of the Republic of Kazakhstan (Ye.K. Khairov) shall ensure:

      1) state registration of this order at the Ministry of Justice of the Republic of Kazakhstan;

      2) its electronic and hard copies sending periodic printed press and to Adilet information and legal system for official publication, and to the Republic Center for Legal Information for registration in the reference control bank of regulatory legal acts of the Republic of Kazakhstan upon the expiry of ten calendar days after the state registration of this order at the Ministry of Justice of the Republic of Kazakhstan;

      3) this order posting at on the internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and the internet portal of the state authorities;

      4) submission of the data on performance of the activities provided for in subparagraphs 1), 2) and 3) of paragraph 2 of this order to the Legal Department of the Ministry for Investments and Development of the Republic of Kazakhstan upon the expiry of ten business days after the state registration of this order at the Ministry of Justice of the Republic of Kazakhstan;

      3. Supervision over this order fulfillment shall be entrusted to the Vice Minister of the Ministry for Investments and Development of the Republic of Kazakhstan.

      4. This order shall be enforced upon the expiry of ten calendar days after its first official publication.

      Minister for
      Investments and Development of the
      Republic of Kazakhstan А. Issekeshev

      "AGREED"

      Minister of Foreign Affairs of the

      Republic of Kazakhstan

      E.A. Idrissov _____________

      dated on December 29, 2015

      "AGREED"

      Chairman of the National

      Security Committee of the

      Republic of Kazakhstan

      V.Z. Zhumakanov _____________

      dated January 5, 2016

      "AGRRED"

      Minister of Internal Affairs of the

      Republic of Kazakhstan

      K.N. Kassymov _____________

      dated December 30, 2015

  Approved
by order of the Minister for
Investments and Development
of the Republic of Kazakhstan
№ 1265 dated December 29, 2015

Rules for issuing a petition for an investor visa for non-residents of the Republic of Kazakhstan carrying out investment activities in the Republic of Kazakhstan

      Footnote. Rules as reworded by order of the Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-4/184 dated 03.06.2020 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 1. General provisions

      1. These Rules for Issuing of Investor Visa Petition for Persons who are Non-Residents of the Republic of Kazakhstan and Implementing Investment Activities in the Territory of the Republic of Kazakhstan (hereinafter - the Rules) have been drafted as per paragraph 7, Article 282 of the Entrepreneurial Code of the Republic of Kazakhstan and sub-paragraph 1), Article 10 of the Law of the Republic of Kazakhstan “On State Services” (hereinafter - the Law “On State Services”) and determine the procedure for the provision of the state service “Issuance of a Petition for an Investor Visa for Persons who are Non-Residents of the Republic of Kazakhstan and Engage in Investment Activities in the Republic of Kazakhstan” (hereinafter - public service).

      Footnote. Paragraph 1 - as reworded by order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-4/243 of 26.05.2022 (shall enter into force ten calendar days after the date of its first official publication).

      2. The following basic concepts are used in these Rules:

      1) excluded by order of the Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-4/190 of 17.05.2021 (shall come into force ten calendar days after the date of its first official publication);

      2) e-government web portal www.egov.kz (hereinafter referred to as the Portal) is an information system offering a single window of access to all consolidated government data, including the regulatory framework, and to public services, services for issuing technical conditions for connection to networks of natural monopoly entities and services of quasi-public sector entities rendered in electronic form.

      3) applicant for an application for an investor visa for persons who are non-residents of the Republic of Kazakhstan and carry out investment activities in the territory of the Republic of Kazakhstan (hereinafter referred to as the Service recipient) - an individual or legal entity registered in the territory of the Republic of Kazakhstan;

      4) a petition for obtaining an investor visa for non-residents of the Republic of Kazakhstan carrying out investment activities in the territory of the Republic of Kazakhstan (hereinafter - the petition) – a written application of the authorized body on investments to the bodies of the migration service of the Ministry of Internal Affairs of the Republic of Kazakhstan on granting an investor visa to a person / persons who are non-residents of the Republic of Kazakhstan carrying out investment activities in the territory of the Republic of Kazakhstan.

      Footnote. Paragraph 2 as amended by order of the Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-4/190 of 17.05.2021 (shall be enacted ten calendar days after the date of its first official publication); № 11-1-4/243 of 26.05.2022 (shall be promulgated ten calendar days after the date of its first official publication); dated 25.04.2025 № 11-1-4/247 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).

      3. If the service recipient is a legal entity, the application shall be issued to a foreigner holding the position of director, deputy director of the legal entity, or director of its structural subdivision.

      If the service recipient is an individual, the application shall be issued in his/her name.

      Footnote. Paragraph 3 - as amended by the Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated April 25, 2025, № 11-1-4/247 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).

      4. An investor visa for persons who are non-residents of the Republic of Kazakhstan engaged in investment activities in the territory of the Republic of Kazakhstan shall be issued under paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan “On Migration”.

      Footnote. Paragraph 4 - as reworded by order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-4/243 of 26.05.2022 (shall take effect ten calendar days after the date of its first official publication).

Chapter 2. Procedure for considering applications for the issuance of petitions

      5. An application for the issuance of a petition for an investor visa for persons who are non-residents of the Republic of Kazakhstan and carry out investment activities in the territory of the Republic of Kazakhstan (hereinafter referred to as the Application) shall be submitted by the service recipient through the Portal to the Investment Committee of the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter referred to as the Service provider) in the form according to Appendix 1 to these Rules, with the list of documents stipulated by paragraph 8 of Appendix 2 to these Rules attached.

      Footnote. Paragraph 5 - as amended by the Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated April 25, 2025, № 11-1-4/247 (shall come into effect ten calendar days after the date of its first official publication).

      6. An application for the provision of a public service shall be registered upon receipt by the service provider.

      Footnote. Paragraph 6 - as amended by the Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated April 25, 2025, № 11-1-4/247 (shall come into effect ten calendar days after the date of its first official publication).

      7. The service provider, within 3 (three) business days from the date of registration of the application, shall check the submitted documents for compliance with the requirements of these Rules and shall make a decision on issuing the application if the basic requirements for the provision of the public service are met in accordance with Appendix 2 to these Rules and one of the following conditions is met:

      1) investment by an individual in the economy of the Republic of Kazakhstan in the amount equivalent to 300 (three hundred) thousand US dollars or more over the last 12 (twelve) months before the date of application;

      2) membership of the service recipient in the Council of Foreign Investors under the President of the Republic of Kazakhstan;

      3) the service recipient has an investment contract concluded with the authorized investment body;

      4) the service recipient has recommendations from government agencies or quasi-public sector entities confirming the implementation of an investment project by the service recipient on the territory of the Republic of Kazakhstan.

      If the condition specified in subparagraph 1) of this paragraph is met, the application shall be issued for a period of up to 10 (ten) years.

      If one of the conditions specified in subparagraphs 2) and 3) of this paragraph is met, the application shall be issued for a period of up to 5 (five) years.

      If the condition specified in subparagraph 4) of this paragraph is met, the application shall be issued for a period of up to 3 (three) years.

      If there are grounds for refusing to provide a public service, on the grounds specified in Appendix 2 to these Rules, the service provider shall notify the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place (method) and date of the hearing to enable the service recipient to express their position on the preliminary decision.

      Notice of the hearing must be sent no less than three (3) business days before the end of the public service provision period. The hearing must be held no later than two (2) business days from the date of receipt of the notice.

      The service recipient shall have the right to submit or express an objection to a preliminary decision on an administrative case no later than two working days from the date of its receipt.

      Based on the results of the hearing, the service provider shall decide on issuing the petition or send a reasoned refusal to provide the public service.

      Footnote. Paragraph 7 - as amended by the Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated April 25, 2025, № 11-1-4/247 (shall come into effect ten calendar days after the date of its first official publication).
      8. Excluded by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 25.04.2025 № 11-1-4/247 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).
      9. Excluded by order of the Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-4/190 of 17.05.2021 (shall become effective ten calendar days after the date of its first official publication).

      10. The result of a state service shall be issued on the Portal - the status of acceptance of the request for a state service with the date of receipt of the result of the state service shall be displayed in the service recipient's personal office.

      Footnote. Paragraph 10 - as reworded by order of the Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-4/190 of 17.05.2021 (shall be put into effect ten calendar days after the date of its first official publication).

      11. Pursuant to subparagraph 11) of paragraph 2 of article 5 of the Law “On Public Services”, the service provider shall ensure that data on the stage of providing a public service are entered into the information system for monitoring the provision of public services.

      12. In the event of a failure of the information system containing the necessary information for the provision of a public service, the service provider shall notify the operator of the e-government information and communication infrastructure (hereinafter the operator) within one working day.

      In this case, within the period specified in part one of this paragraph of the Rules, the operator shall draw up a report on the technical error in any form and sign it jointly with the service provider.

      13. The service provider shall refuse to provide a public service on the grounds provided for in paragraph 9 of Appendix 2 to these Rules.

      Footnote. Paragraph 13 - as amended by the Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated April 25, 2025, № 11-1-4/247 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).

Chapter 3: Procedure for appealing against decisions, actions (inaction) of service providers and/or their officials on the issues related to provision of public services

      Footnote. Chapter 3 - as reworded by Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-4/243 of 26.05.2022 (shall be enacted ten calendar days after the date of its first official publication).

      14. The complaint regarding the provision of state services shall be reviewed by a higher administrative authority, an official responsible for assessing and controlling the quality of state services (hereinafter referred to as the authority reviewing the complaint).

      The complaint shall be lodged with the administrative authority, official whose administrative act, administrative action (inaction) is complained against.

      The service provider, an official whose decision, action (inaction) is appealed against shall, no later than three business days after receipt of the complaint, forward it and the administrative file to the authority examining the complaint.

      However, the provider of services, an official whose decision, action (inaction) is appealed, shall not forward the complaint to the authority examining the complaint, if within 3 (three) business days it/he/she takes a favourable decision, performs an action that fully satisfies the requirements specified in the complaint.

      15. A complaint by a service recipient addressed to the service provider, under paragraph 2 of Article 25 of the Law, shall be reviewed within five business days from the date of its registration.

      A complaint of a service recipient received by the competent authority for the evaluation and quality control of state services shall be reviewed within 15 (fifteen) business days from the date of its registration.

      16. Except as otherwise prescribed by the law of the Republic of Kazakhstan, an appeal to a court shall be allowed after an administrative (pre-trial) appeal under paragraph 5 of Article 91 of the Code of Administrative Procedure of the Republic of Kazakhstan.

  Appendix 1
to the Rules for issuing an application for an investor visa for persons who are non-residents of the Republic of Kazakhstan and carry out investment activities in the territory of the Republic of Kazakhstan

Application for an investor visa for individuals
who are non-residents of the Republic of Kazakhstan and who are engaged in investment activities in the territory of the Republic of Kazakhstan

      Footnote. Appendix 1 - as amended by the Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated April 25, 2025, № 11-1-4/247 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).

  Form № 1
(for legal entities)

Name of the legal entity of the Republic of Kazakhstan


Location: legal address, actual location


Business Identification Number (BIN)


Head of a legal entity of the Republic of Kazakhstan (last name, first name, patronymic (if any), telephone, fax, e-mail)


Contact details (phone, fax, email)


Information about the person(s) applying for an investor visa

Last name, first name, patronymic (if any)


Date and place of birth


Citizenship


Information about the identity document


Validity period of the identity document


The actual address of the place of residence of the person applying for an investor visa in the country of residence


Position held


Contact details (phone, fax, email)


  Form № 2
(for individuals)

Information about the service recipient


Last name, first name, patronymic (if any)


Date and place of birth


Citizenship


Information about the identity document


Validity period of the identity document


The actual address of the place of residence of the person applying for an investor visa in the country of residence


Contact details (phone, fax, email)


  Appendix 2
to the Rules for issuing an application for an investor visa for persons who are non-residents of the Republic of Kazakhstan and carry out investment activities in the territory of the Republic of Kazakhstan

List of basic requirements for the provision of the public service
"Issue of an application for an investor visa for persons who are non-residents of the Republic of Kazakhstan and carry out investment activities in the territory of the Republic of Kazakhstan"

      Footnote. Appendix 2 - as amended by the Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated April 25, 2025, № 11-1-4/247 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).

1.

Name of the service provider

Investment Committee of the Ministry of Foreign Affairs of the Republic of Kazakhstan.

2.

Methods of providing the results of the public services

web portal of the “electronic government” www.egov.kz
(hereinafter referred to as the Portal).

3.

Timeframe for provision of public services

3 (three) working days.

4.

Form of provision of public services

Electronic
(partially automated).

5.

Result of rendering public services

An application for an investor visa for persons who are non-residents of the Republic of Kazakhstan and carry out investment activities in the territory of the Republic of Kazakhstan, or a reasoned refusal to provide a public service.

6.

The amount of payment charged to the service recipient for the provision of public services and the methods of collecting it in cases stipulated by the legislation of the Republic of Kazakhstan

Free of charge

7.

Opening hours

1) portal - around the clock, except for technical breaks due to repair work (if the service recipient applies after working hours, on weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan, the application shall be accepted and the results of the public service shall be issued on the next working day);
2) service provider - from Monday to Friday from 9:00 to 19:00, with a lunch break from 13:00 to 15:00, excluding weekends and holidays, in accordance with the Labor Code of the Republic of Kazakhstan and Article 5 of the Law of the Republic of Kazakhstan "On Holidays in the Republic of Kazakhstan".

8.

List of documents and information requested from the service recipient for the provision of public services

1) for legal entities:
an electronic copy of the identity document of the person applying for an investor visa with a notarized translation in the state or Russian languages; an electronic copy of the charter of the service recipient with a notarized translation in the state or Russian languages; an electronic copy of the document confirming the position of the person, in accordance with paragraph 3 of these Rules; electronic copies of documents confirming the fact of investing in an investment project for the last 36 (thirty-six) months before the date of application (primary accounting documents issued in accordance with the Law of the Republic of Kazakhstan "On Accounting and Financial Reporting";
invoices issued in accordance with the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget (Tax Code)";
customs declarations issued in accordance with the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan");
in the event of the availability of recommendations from government agencies or quasi-public sector entities confirming the implementation of an investment project by the service recipient in the territory of the Republic of Kazakhstan, an additional document shall be attached;
2) for individuals: an electronic copy of the identity document of the person applying for an investor visa with a notarized translation in the state or Russian languages; electronic copies of documents confirming the fact of investment, indicating the last name, first name, patronymic (if any) of the service recipient and the amount of investments made by him in the economy of the Republic of Kazakhstan in an amount equivalent to 300 (three hundred) thousand US dollars or more over the last 12 (twelve) months before the date of application (an account statement of the holder of equity securities with a maturity of over 10 (ten) years or an extract from the charter of a legal entity with a notarized translation in the state or Russian languages on replenishment of the authorized capital with an attached certificate of state registration (re-registration) of the legal entity).

9.

Grounds for refusal to provide public services established by the laws of the Republic of Kazakhstan

1) the establishment of the inaccuracy of documents and (or) documents with expired validity, submitted by the service recipient to receive the public service, and (or) the data (information) contained therein;
2) the non-compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for the provision of the public service with the requirements established by these Rules; 3) in relation to the service recipient there is a court decision (sentence) that has entered into legal force prohibiting the activity or certain types of activity that require the receipt of this public service.

10.

Other requirements taking into account the specifics of the provision of public services

Service recipients can obtain information about the procedure and status of public service provision remotely through the Unified Contact Center for Public Services. The Unified Contact Center for Public Services can be reached at 1414 or 8 800 080 7777.

 
  Annex 3 to the Rules
for issuing a petition for an investor
visa for non-residents of the
Republic of Kazakhstan carrying
out investment activities
in the Republic of Kazakhstan
document form
  (Surname, first name, patronymic
(if any)
or name of the organization
of the service recipient
____________________________
(service recipient’s address)

Written consent of the service recipient

      Footnote. Annex 3 is excluded by order of the Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-4/190 dated 17.05.2021 (shall be enforced ten calendar days after the date of its first official publication).

  Annex 4 to the Rules
for issuing a petition for an investor
visa for non-residents of the
Republic of Kazakhstan carrying
out investment activities
in the Republic of Kazakhstan
  document form
(Surname, first name, patronymic
(if any) (hereinafter full name)
or the name of the organization
of the service recipient)
____________________________
(service recipient’s address)

Written acknowledgement of refusal to accept documents

      Footnote. Annex 4 is excluded by order of the Minister of Foreign Affairs of the Republic of Kazakhstan № 11-1-4/190 dated 17.05.2021 (shall be enforced ten calendar days after the date of its first official publication).

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