With WTO membership in sight for 2012, Kazakhstan is taking steps to change its investment climate and as a result is in the process of considerably amending its migration legislation.

New work permit rules are under consideration by the Kazakh Ministry of Labor and Social Protection of Population. The most important changes affect the current categorization of foreign workforce. The rules are to change the existing four categories of employees, by restricting the first category to include only heads of legal entities and their deputies, while the second category to include heads of departments. The third category would mean those individuals working as foreign specialists, whereas as the fourth category is to include qualified workers.

Seasonal foreign employees, who have been classified as category four in previous years, are to be placed outside of the work permit categories and receive their own work permit type for which a separate quota is to be determined.

Regarding the quotas for the four categories, effective January 1, 2012 first category work permit holders must not exceed 30 percent of total number of employees from this category, while second/third category work permit holders must not exceed 10 percent of the total number of employees from this category.

The quota requirement does not apply to small businesses, state institutions, as well as to work permits issued under quotas for priority projects and for seasonal foreign employees.‎

The upcoming year also foresees the amendment of the work force demand stage of a work permit application. Currently prior to applying for a work permit the job position must be advertised locally in national newspapers. The pending legislation plans to abolish the public advertisement requirement, leaving only the labor office responsible for searching internal market for at least 15 calendar days.

Move One is closely monitoring the changes and will provide updates as necessary.

Our articles are for informational purposes only. Should you have any further questions regarding matters related to Kazakh immigration procedures, please feel free to contact your global Move One immigration specialist, or send an e-mail to immigration@moveoneinc.com.

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