The Rules for attracting foreign labor have been changed

We hereby inform you regarding the changes in the Rules and conditions for issuing or renewing permits for employers to attract foreign labor, as well as for intra-corporate transfers (hereinafter referred to as the Rules), approved by the order dated June 30, 2023, No. 279.

The changes were approved by Order No. 93 dated March 28, 2025, and entered into force on September 1, 2025.

Key Changes:

1. Mandatory Search for Local Workforce

• Prior to applying for a permit to attract foreign labor, employers are required to conduct a search in the domestic labor market by posting a vacancy on the electronic labor exchange at www.enbek.kz.
• An application for work permit may be submitted only after 15 calendar days from the date the vacancy is posted, and must include the publication code of the vacancy.

2. Digitalization of Procedures

• Introduction of the possibility to submit applications for obtaining or renewing permits through the portal migration.enbek.kz, alongside the familiar e-license.kz.

3. Optimization of the Public Service Provision Process

• Elimination of the Commission; a certain functions of the Commission will be performed through the integration of information systems, including the "Unified Register of Administrative Proceedings," "Migration Police," IS "OTiB," as well as data from AIS "IRS" and IIS "ESUTD" for automatic violation checks.

4. Employer Responsibilities

• Registration of information regarding employment contracts and agreements related to intra-corporate transfers in the Unified System for Accounting Employment Contracts (ESUTD). Timely registration of employment contracts ensures effective monitoring of attracted foreign labor and may influence the decision to issue or deny a work permit.
• Ensuring that foreign workers obtain individual identification numbers (IIN).
• Employers who have received permits to attract foreign labor must provide information about special conditions and the foreign labor being attracted to the information system migration.enbek.kz in accordance with Appendix 11 to the Rules.

5. Verification of Educational Document Authenticity

• The local executive body will send requests to the Ministry of Foreign Affairs of the Republic of Kazakhstan to verify the authenticity of the legalization stamp or apostille on educational documents, unless otherwise provided by international treaties or the legislation of the Republic of Kazakhstan.

6. Replacement of Foreign Workers (Category 4)

• To prevent the cessation of the replacement process for foreign specialists attracted under the fourth category, it is necessary to ensure their replacement by Kazakh citizens in identical or comparable positions within six months to one year.

7. Validity Periods of Permits

• Category 1: 1, 2, or 3 years (renewable for the same period).
• Categories 2 and 3: 12 months, renewable up to 3 times.
• Category 4: 12 months, non-renewable.
• Seasonal workers: up to 90, 180, 270, or 365 days, non-renewable.

8. Stricter Grounds for Refusal/Revocation

• Grounds include non-compliance with the declared profession, violations of conditions, false documents, working without a permit or not in the declared position. In case of violations, a ban on attracting foreign labor for a period of 12 months is provided, including cases of intra-corporate transfer (ICT).

9. Clarification of the Criteria for the Implementation of the Exception for Small Business Entities under Clause 19 of the Rules

• The provisions of Clause 19 of the Rules (the percentage ratio of foreign and local workers) do not apply to small business entities with a headcount of up to 20 people.

We respectfully request that you conduct a thorough review of the changes and take them into consideration when planning the recruitment of foreign labor. Please be advised that the information provided above is not an exhaustive list of changes. The full text of the changes is available at the following link here.

Should you have any questions, we would be glad to provide further consultation and assistance.