What is the minimum authorized capital requirement for C5 applicants?

While the Law on Limited Liability Partnerships allows for a zero minimum capital for small businesses, the migration rules for business immigrants require proof of solvency. The capital should be sufficient to cover initial operating expenses as per the business plan submitted to the Akimat.

Do all co-founders need to obtain a separate C5 visa?

Yes. If an LLP is established by multiple foreign individuals, each person listed in the charter as a founder must hold a valid C5 visa. A C5 visa held by one partner does not confer registration rights to other foreign partners.

Does obtaining a C5 visa make me a tax resident of Kazakhstan?

Tax residency is determined by physical presence, not visa type. If a foreign national spends more than 183 days in any consecutive 12-month period in Kazakhstan, they automatically become a tax resident.

What happens if the passport expires during the 2-year visa period?

A visa cannot be valid beyond the expiry date of the travel document. The C5 visa will be issued with an expiry date strictly three months prior to the passport's expiration. If the passport expires, the visa must be re-issued into the new passport via a visa transfer procedure.

Business Immigrant Visa C5 Kazakhstan: Legal Framework and Registration Protocols (2026)

Foreign nationals intending to register a commercial entity (Limited Liability Partnership/LLP) or acquire shares in an existing legal entity in the Republic of Kazakhstan must strictly adhere to the migration regulations governing “Business Immigrants.”

According to the Law of the Republic of Kazakhstan “On Migration of the Population” (Adilet Reference), a business immigrant is defined as an immigrant who has arrived for the purpose of carrying out entrepreneurial activity. It is a widespread misconception that company registration can be performed under a standard visitor or visa-free regime. From a procedural standpoint, the Ministry of Justice is legally restricted from issuing a Business Identification Number (BIN) to a foreign founder who does not possess a valid C5 category visa.

The Two-Stage Procedural Algorithm

The issuance of the C5 visa is regulated by the Rules for execution of invitations. These rules mandate a bifurcated process: a primary single-entry visa followed by a multiple-entry extension.

Stage I: Primary Entry and Entity Registration

The process initiates with the issuance of a single-entry C5 visa (up to 90 days). This document is obtained at a consular post of the Republic of Kazakhstan based on an invitation processed through the Ministry of Internal Affairs (MVD).

Critical Requirement: During this initial 90-day corridor, the foreign national is legally obligated to obtain an IIN, register the commercial entity (LLP), and form the authorized capital. The single-entry visa cannot be extended if the commercial entity remains unregistered upon expiration.

Stage II: Administrative Extension (The “Akimat” Procedure)

Upon successful registration of the legal entity, the foreign founder does not need to exit Kazakhstan to obtain long-term status. Pursuant to the migration rules, the single-entry visa is converted into a multiple-entry C5 visa (up to 2 years).

This extension is contingent upon the approval of the local executive body (Akimat). The applicant must submit a petition to the Department of Entrepreneurship, which evaluates the company’s business plan.

Compliance and Documentary Evidence

The adjudication of a C5 visa application is rigorous. The most common ground for refusal is non-compliance with document legalization standards.

The applicant must present a certificate confirming the absence of a criminal record from their country of citizenship. This document must strictly undergo Apostille certification or Consular Legalization. Electronic versions are legally insufficient.

Practical Application: Case Study

Subject: IT Software Development Firm (Relocation from Eastern Europe).
Objective: Registration of an LLP in the Astana Hub jurisdiction.

We secured the primary C5 invitation via the vmp.gov.kz portal. Upon arrival, the LLP was registered within three business days. Subsequently, we filed a petition with the Astana Department of Entrepreneurship. Consequently, the single-entry visas were successfully converted to two-year multiple-entry visas without the founders leaving the jurisdiction.

Distinction from Employment Categories

It is critical to distinguish the legal status of a Business Immigrant (C5) from that of a Foreign Employee (C3). A holder of a C3 work visa or a Neo Nomad visa is statutorily prohibited from acting as a founder of a commercial entity in Kazakhstan. If the ultimate objective is ownership, the C5 category is the sole legal mechanism.

FAQ: Procedural Nuances

What is the minimum authorized capital requirement?

While the Law on LLPs allows for zero minimum capital for small businesses, migration rules require proof of solvency. The capital should cover initial operating expenses as per the business plan submitted to the Akimat.

Do all co-founders need a separate C5 visa?

Yes. If an LLP is established by multiple foreign individuals, each person listed in the charter as a founder must hold a valid C5 visa independently.

Does C5 visa make me a tax resident?

Tax residency is determined by physical presence (183+ days in any 12-month period), not by the visa type itself.

Professional Legal Support

Secure Immigration manages the entire lifecycle of the application, from the initial petition to the final issuance of the residence visa.

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