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

of February 20, 2023 No. 49

About approval of the list of demanded professions for receipt by foreigners of permission to permanent residence in the Republic of Kazakhstan and Rules of its forming

According to subitem 6-1) of article 11 of the Law of the Republic of Kazakhstan "About population shift" PRIKAZYVAYU:

1. Approve:

1) Rules of forming of the list of demanded professions for receipt by foreigners of permission to permanent residence in the Republic of Kazakhstan according to appendix 1 to this order;

2) the list of demanded professions for receipt by foreigners of permission to permanent residence in the Republic of Kazakhstan according to appendix 2 to this order.

2. To provide to committee on 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;

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.

4. This order becomes effective since February 28, 2023 and is subject to official publication.

Appendix 1

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of February 20, 2023 No. 49

Rules of forming of the list of demanded professions for receipt by foreigners of permission to permanent residence in the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of forming of the list of demanded professions in the Republic of Kazakhstan (further – Rules) are developed for receipt by foreigners of permission to permanent residence according to subitem 6-1) of article 11 of the Law of the Republic of Kazakhstan "About population shift" and determine procedure for forming of the list of demanded professions (further – the List) for the purpose of receipt by foreigners of permission to permanent residence.

2. In these rules the following basic concepts are used:

1) authorized body concerning population shift (further – authorized body) – the central executive body performing within the competence management in the field of population shift, regulation of migratory processes, coordination of work and realization of state policy in the field of population shift;

2) foreigners – the persons who are not citizens of the Republic of Kazakhstan and having the evidence of the belonging to nationality of other state;

3) the state information portal "Electronic employment exchange" – the information system containing single information base of the labor market.

Chapter 2. Procedure for forming of the list of demanded professions for receipt by foreigners of permission to permanent residence in the Republic of Kazakhstan

3. For forming of the List the authorized body carries out the analysis:

1) data of the automated information system "Foreign Labor Power" on professions on which are attracted by the employer foreign labor power;

2) the mid-term forecast of need for personnel created according to the Rules of forming of national system of forecasting of manpower and uses of its results approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of March 29, 2019 No. 154 (it is registered in the Register of state registration of regulatory legal acts No. 18445);

3) vacancies of the state information portal "Electronic employment exchange".

4. The authorized body on the basis of the analysis which is carried out according to Item 3 of these rules creates the draft of the List and sends it for approval in the interested state and local executive bodies, National chamber of entrepreneurs of the Republic of Kazakhstan (further – Scientific Production Enterprise).

5. The interested state and local executive bodies, Scientific Production Enterprise within ten working days from the date of receipt of the draft of the List approve or send to authorized body of the offer to the draft of the List.

If the draft of the List is being approved more than ten working days and the answer on it is not provided, the draft of the List is considered by default "approved".

6. The authorized body approves the List taking into account the offers which arrived according to Item 5 of these rules.

Appendix 2

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of February 20, 2023 No. 49

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