To engage foreign labor, employers annually, by October 1, submit to the local executive bodies of the regions, cities of republican significance, and the capital — in whose territory the foreign employees are expected to carry out work activities — a request for foreign labor needs, using the form in Annex 1 to the Rules for Establishing the Quota for the Engagement of Foreign Labor in the Republic of Kazakhstan and Its Distribution Among the Regions of the Republic of Kazakhstan, approved by Government Decree No. 802 of December 15, 2016 (hereinafter referred to as the “Quota Rules”).
According to clause 16 of the Quota Rules, the issuance and/or extension of permits by the local executive body is carried out under the following conditions:
- The number of citizens of the Republic of Kazakhstan must be at least 70% of the total number of employees in the first and second categories;
- The number of citizens of the Republic of Kazakhstan must be at least 90% of the total number of employees in the third and fourth categories.
An employer engaging foreign employees under intra-corporate transfer must ensure that the proportion of foreign workers (managers and specialists) engaged under such transfer does not exceed 50% of the number of Kazakhstani personnel in the corresponding category.
For the issuance and/or extension of the permit, an official fee (levy) is charged to employers, in accordance with the rates for issuing and/or extending permits for the engagement of foreign labor in the Republic of Kazakhstan, approved by Government Decree No. 157 of April 3, 2018, “On Establishing the Rates of Levy for Issuance and/or Extension of the Permit for the Engagement of Foreign Labor in the Republic of Kazakhstan.”
The engagement of foreign labor under an intra-corporate transfer is carried out outside the quota and on a free-of-charge basis.