How a Foreigner Can Change Employers in Kazakhstan on a C3 Visa and Work Permit

A foreigner can change employers in Kazakhstan, but the work permit cannot be "moved" to the new company. A permit to engage foreign labour is issued to the employer and, under Article 37-1(3) of the Law "On Population Migration", may not be transferred to other employers. The new employer therefore obtains its own permit, signs a new employment contract and arranges a new C3 visa for the worker (or a temporary residence permit for citizens of visa-free countries). The exceptions are EAEU citizens, residence permit holders and foreigners with a qualification certificate for self-employment (C4).

Why the permit does not move with you

The system for hiring foreigners in Kazakhstan is built around the employer:

• the permit is issued by the akimat to a specific company, within its quota, for a specific position and region;
• the invitation and C3 visa are arranged at the request of that company as the inviting party;
• the employment contract is concluded within the term of that permit (Article 30(1)(6) of the Labour Code).

When the foreigner resigns, all three links break at once. The new employer starts the chain from scratch, with its own quota, vacancy and fee. The chain itself is explained in our article on the C3 work visa and work permit.

Step-by-step switch

Step 1. Do not resign into a vacuum. Until the new permit is issued, the worker cannot start at the new company. Article 26 of the Labour Code prohibits signing a contract with a temporarily staying foreigner before the employer gets the permit. Agree with the new company first and understand its timeline.

Step 2. The new employer posts the vacancy. Under Rules No. 279 (paragraph 2-1), the vacancy is first posted on enbek.kz for 15 calendar days. Only then is the permit application filed.

Step 3. The new employer obtains the permit. The service standard allows up to 19 working days, including 10 working days for paying the fee. The fee depends on the worker's category and the industry. A free quota in the region is needed, and the worker's education documents must be notarised, legalised or apostilled, with a translation.

Step 4. Termination with the previous employer. The contract ends on general Labour Code grounds and the termination is recorded in ESUTD. Under Article 36-1(6) of the Migration Law, the previous employer ensures the worker's departure when the permit ceases to be valid, which is another reason to agree the dates in advance.

Step 5. New invitation and C3 visa. The new employer, as the inviting party, files the invitation. It is reviewed within 3 working days electronically (5 on paper); the visa takes up to 5 working days. Whether a new visa can be obtained without leaving the country depends on the specific case and the current visa rules. Plan for the option of leaving and collecting the visa at a consulate.

Step 6. New employment contract and ESUTD. The contract is signed for a term within the new permit, with the position and region stated in the permit, and entered in ESUTD. How to draft it is covered in our guide to the employment contract with a foreign employee.

Step 7. Registration. If the worker changes address, the receiving party files the arrival notification within three working days.

How long it takes

This is a guideline, not a promise. Regional quotas, returned applications, diploma legalisation and approvals all affect the timing.

Who has it easier

EAEU citizens. Under Article 97 of the EAEU Treaty, employers hire citizens of Armenia, Belarus, Kyrgyzstan and Russia without permits or quotas. When they change jobs, the new employer signs a contract, records it in ESUTD and arranges a temporary residence permit for the term of the new contract. After the old contract ends, the general limit applies: 90 days from the date of entry.

C4 certificate holders. A foreigner who finds work independently in an in-demand profession obtains the qualification certificate personally, not through the employer. Under Article 36-1(7) of the Migration Law, the employer informs the migration service about hiring such a worker and about ending the employment.

Intra-corporate transfer. The transfer is tied to the group of companies. Moving to an employer outside the group is ordinary hiring through a permit.

Residence permit holders. They work on general terms and the employer does not need a permit.

Citizens of visa-free countries: a residence permit instead of a visa

Citizens of countries with a visa-free regime with Kazakhstan (for example Turkey, 90 days in 180, and China, 30 days per entry and 90 in 180) do not get a C3 visa. For work they receive a temporary residence permit for the term of the work permit. When changing employers, a new residence permit is issued on the basis of the new work permit and the new contract. Between jobs, the usual visa-free limits apply, counting days already spent in the country. Count them in advance with our guide to counting days of stay.

What the previous employer should do

• Formalise the termination and record it in ESUTD.
• Decide what to do with the permit: under paragraph 28 of Rules No. 279, when the contract is terminated the permit can be reissued to another foreign worker. The decision takes five working days (paragraph 29).
• Do not keep the worker on staff "on paper" if they actually work for another company. That breaches the permit conditions.

Aligning the dates: a sample schedule

Say a category 3 specialist from a visa-required country works in Almaty on a permit that is valid for another five months, and has an offer from another company in the same city. A sensible sequence looks like this:

1. Week 1. The worker and the new company agree on the position and start date. The new employer checks the regional quota and the position's category; the worker gathers the diploma with an apostille and translation.
2. Weeks 1–3. The vacancy stays on enbek.kz for 15 calendar days. The worker keeps working for the current employer, whose permit and visa remain valid.
3. Weeks 3–7. The new employer applies and pays the fee after a positive decision. During this time the worker gives the current employer notice within the period set by the contract and the Labour Code.
4. Weeks 7–8. The permit is issued: the invitation and visa are arranged, the old contract ends, and the new one is signed and entered in ESUTD.

The key principle: the last working day with the old employer should come as close as possible to the date the new employer has the permit and visa in hand. The longer the gap, the longer the person has no basis to work or stay.

Common mistakes

• Starting at the new employer "while the paperwork is in progress". That is work without a permit: a fine for the employer under Article 519 of the Administrative Code and liability for the worker up to deportation. See employer fines for illegal foreign workers.
• Resigning before the new company has filed anything. The worker is left without a basis to stay, and the vacancy and permit take at least a month.
• Expecting to "transfer" the C3 visa. It was issued on the previous employer's invitation and under its permit.
• New role in a different category. Moving to a position in another category changes the permit term and the fee rate.

Visa Navigator helps the new employer get through the chain without gaps: we plan resignation and start dates and prepare the documents for the permit, invitation and C3 visa or residence permit. Decisions are made by the akimat and the internal affairs bodies; we are responsible for preparing the documents and tracking deadlines. More on the Work Permit service page.

This material is for information only and does not constitute legal advice. Rules and practice change — verify the current requirements as of the date you apply.