Recent amendments to Kazakh migration legislation have introduced significant restrictions on employment of foreign nationals. The Government of the Republic of Kazakhstan has adopted Decree No. 1041, which substantially narrows the categories of positions exempt from the standard foreign labor permit requirements.
This regulatory update specifically affects legal entities with 100% foreign ownership. Whereas previous provisions allowed for broader application of the simplified authorization procedure, the current legislation limits this exemption to only two executive positions:
- Chief Executive Officer (Director General)
- Deputy Chief Executive Officer
All other foreign personnel must now obtain official authorization through the standard quota-based procedure administered by local executive bodies.
Legal Implications for Your Enterprise
These legislative changes present several material challenges for international businesses operating in Kazakhstan:
- Compliance Risks: Current visa arrangements for foreign specialists outside the approved executive positions may require immediate regularization.
- Workforce Planning Constraints: Long-term staffing strategies involving foreign expertise must account for enhanced regulatory requirements.
- Operational Continuity Concerns: The authorization process entails substantial administrative burden, with potential delays threatening project timelines.
Recommended Compliance Strategy
- Conduct a comprehensive compliance audit of all current immigration documents and work authorizations for foreign staff.
- Develop a localization strategy to identify positions suitable for transition to local hires where practicable.
- Obtain specialized legal counsel regarding interpretation and implementation of updated migration and labor legislation.
Proactive adaptation to these regulatory changes is essential for maintaining uninterrupted business operations and ensuring full compliance with Kazakh law.
Acsour provides expert legal advisory services to help businesses navigate these regulatory complexities and develop compliant workforce management strategies.