ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of April 15, 2022 No. 123

About approval of Rules of issue, prolongation and withdrawal of permission to the labor immigrant

According to the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" and Item 3 of article 43-2 of the Law of the Republic of Kazakhstan "About population shift" PRIKAZYVAYU:

1. Approve Rules of issue, prolongation and withdrawal of permissions to the labor immigrant according to appendix 1 to this order.

2. To provide to committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the first vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan Sarbasov A. A.

4. Recognize invalid some orders of the Minister of Internal Affairs of the Republic of Kazakhstan according to appendix 2 to this order.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of April 15, 2022 No. 123

Rules of issue, prolongation and withdrawal of permission to the labor immigrant

Chapter 1. General provisions

1. These rules of issue, prolongation and withdrawal of permission to the labor immigrant (further – Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services", Item 3 of article 43-2 of the Law of the Republic of Kazakhstan "About population shift" and determine procedure for issue, prolongation and withdrawal of permission to the labor immigrant.

Chapter 2. Procedure for rendering the state service

2. The state service "Issue, Prolongation and Withdrawal of Permission to the Labour Immigrant" (further – the state service) appears executive body, financed from the local budget - the public institution authorized by akimat of areas, Nour-Sultan's cities, Almaty and Shymkent on accomplishment of functions on ensuring assistance of employment of the population (further – local executive body).

3. For receipt of the state service physical person - the labor immigrant (further – uslugopoluchatel) gives in case of the personal appeal to non-commercial joint-stock company "The Government for Citizens state corporation (further – the State corporation) document package according to the list provided by the Standard of the state service according to appendix 1 to these rules.

The employee of the State corporation draws up the electronic request in the Integrated information system "Service Centers of the Population" (further - IIS TsON), with appendix of electronic copies of documents and sends to the Automated information system "Foreign Labor Power" (further – AIS IRS) for adoption of the relevant decision.

Local executive bodies in case of decision making about issue of permission to the labor immigrant approve with territorial authorities of the Ministry of Internal Affairs of the areas of the Republic of Kazakhstan, Nour-Sultan's cities, Almaty and Shymkent (further – territorial authorities).

4. In case of documents acceptance through the State corporation the receipt on acceptance of the relevant documents is issued to uslugopoluchatel. Day of reception of applications about issue (prolongation) of permission to the labor immigrant in form according to appendix 2 to Rules and documents does not enter rendering the state service in time. In case of provision by uslugopoluchatel of incomplete document package according to the list provided by the Standard and also documents with the expired effective period, the employee of the State corporation refuses reception of an application and issues the receipt on refusal in documents acceptance on issue of permission to implementation of labor activity of foreigners at physical persons in form according to appendix 3 to these rules.

5. The local executive body performs check on compliance the provided requirements of the state service, including:

1) is compared by contents of the statement to data of the identity document, and the data received from the State corporation;

Checks 2) that the paid amount of preliminary payment on the individual income tax corresponds to the permission effective period specified in the statement to the labor immigrant;

3) attaches to accumulative materials, got on the labor immigrant, the documents specified in the Standard of the state service.

The documents which arrived from IIS TsON in AIS IRS automatically are sent for consideration in the information system "Migratory Police" (further – IS MT). Territorial authorities consider the arrived documents within 1 (one) working day.

6. In case of receipt of the negative answer from IS MT or not receipt of the answer in the terms specified in Item 5 of these rules, local executive bodies the refusal in rendering service according to Appendix of 4 these rules goes.

7. The local executive body issues permissions within the quota distributed by authorized body concerning employment of the population.

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