Employer Permits to Attract Foreign Labour in Kazakhstan 2026: Rules, Quotas, and Intra-Company Transfer

An employer wishing to hire a foreign worker in Kazakhstan must obtain a permit from the local executive body under the Rules approved by Order No. 279 of 30 June 2023, except in cases of intra-company transfer, for which a simplified, quota-free regime applies.

Order No. 279 was registered with the Ministry of Justice of the RK on 30 June 2023 under No. 32977 and took effect 1 July 2023, replacing the previously applicable Order No. 559 of 27 June 2016.

Amendments to Order No. 279 introduced by Order No. 93 of 28 March 2025 have applied since 1 September 2025; further amendments introduced by Order No. 302 of 30 September 2025 have applied since 1 January 2026.

The quota for attracting foreign labour is set by a separate instrument — Order No. 274 of 30 June 2023 — and expressly does not apply to foreigners working under intra-company transfer.

⚠ A claim that the review period was shortened to one working day, often cited in discussions of Kazakhstan migration procedures, is confirmed by primary text with respect to issuing a temporary residence permit (TRP), not specifically with respect to Order No. 279 on employer permits — no direct confirmation of this specific period could be found in the text of Order No. 279 itself or its subsequent amendments during this verification pass; this discrepancy is disclosed explicitly rather than presented as fact.

1. The Legal Basis and the Chain of Amendments

Date	Event
27 June 2016	Order No. 559 (Acting Minister of Healthcare and Social Development of the RK) — the previous edition of the employer permit rules
30 June 2023	Order No. 279 (Deputy PM — Minister of Labour and Social Protection of the RK), registered with the Ministry of Justice No. 32977, effective 1.07.2023 — replaced Order No. 559 of 2016
30 June 2023	Order No. 274 (same authority), registered No. 32955 — a separate instrument on quotas for attracting foreign labour
28 March 2025	Order No. 93 (Acting Minister of Labour and Social Protection of the RK) amended Order No. 279 — effective 1.09.2025
30 September 2025	Order No. 302 (Minister of Labour and Social Protection of the RK) further amended Order No. 279 (including Art. 22) — effective 1.01.2026

ℹ The formally applicable instrument — Order No. 279 of 30 June 2023 — has not been reissued but is amended sequentially through targeted orders (No. 93 of 2025, No. 302 of 2025), typical of Kazakhstani rule-making and requiring verification of the current edition at every point of reference.

2. Who Regulates Attracting Foreign Labour

Employer permits are issued by the local executive body (akimat) of the relevant region, not by a single central authority.

The legal basis for the permit-issuing authority is sub-clause 14-4) of Article 11 of the Law of the RK “On Migration of the Population” and sub-clause 1) of Article 10 of the Law of the RK “On State and Socially Significant Services.”

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3. The Mandatory Labour Market Test via enbek.kz

Before hiring a foreign specialist, the employer must search for candidates on the domestic labour market by posting the vacancy on the electronic labour exchange enbek.kz.

⚠ This requirement was introduced by amendments effective 1 September 2025 and means the employer must document an attempt to hire a Kazakhstani citizen or resident before applying for a permit for a foreigner.

4. Full Requirements and Conditions

Parameter	Requirement
Legal basis	Order No. 279 of 30.06.2023 (as amended by Orders No. 93 of 28.03.2025 and No. 302 of 30.09.2025)
Mandatory labour market test	Posting the vacancy on the electronic labour exchange enbek.kz before applying for a permit
Issuing authority	The local executive body (akimat) of the relevant region
Quota on attracting foreign labour	Set by a separate Order No. 274 of 30.06.2023 — does not apply to intra-company transfer
Intra-company transfer — duration	No more than 3 years with a right of extension for 1 year (per the definition as amended by Order No. 93 of 28.03.2025)
ICT permit across multiple regions	Free of charge (Art. 22 of the Rules as amended by Orders No. 93/2025 and No. 302/2025)

5. The Quota for Attracting Foreign Labour

The quota is set by a separate regulatory instrument — Order No. 274 of 30 June 2023 “On Approving the Rules for Establishing the Quota for Attracting Foreign Labour to the Republic of Kazakhstan and Its Distribution Among Regions, Cities of Republican Significance, and the Capital.”

Order No. 274 was registered with the Ministry of Justice of the RK on the same day as Order No. 279 — 30 June 2023 — under No. 32955; its legal basis is sub-clause 14-7) of Article 11 of the Law of the RK “On Migration of the Population.”

⚠ The quota-setting rules expressly state that they do not apply to foreigners and stateless persons working under intra-company transfer — quota compliance and an ICT permit must be assessed separately.

6. Intra-Company Transfer: The Simplified Regime

Intra-company transfer is the temporary transfer of a foreigner or stateless person holding a managerial or other qualified position, for a period defined by the employment contract.

A repeat verification pass established: the three-year cap with a one-year extension right is not a new rule introduced in 2025, but a long-standing provision in force since at least 2020 — an identical formulation already appears in Order No. 138 of 17 April 2020, which amended the predecessor instrument (Order No. 559 of 2016, later replaced by Order No. 279 of 2023). Order No. 93 of 2025 appears to have carried this definition forward while restructuring the clause numbering, rather than introducing a new duration limit.

✅ Following amendments effective 1 September 2025 (Order No. 93) and further clarified by Order No. 302 of 30 September 2025 (effective 1 January 2026), intra-company transfer permits for work spanning more than one administrative-territorial unit are issued free of charge.

ℹ Extending an intra-company transfer permit is carried out by the local executive body without review by the relevant commission — a procedural simplification introduced by the 2025 amendments.

7. Step-by-Step Process for an Employer

1.     Determine whether the planned hire of a foreign worker falls under the general (quota-based) regime or the intra-company transfer regime.

2.     For the general regime, post the vacancy on enbek.kz and document the results of the domestic labour market search.

3.     Prepare the document package per the current version of Order No. 279 (accounting for the 2025–2026 amendments).

4.     Submit the application to the local executive body (akimat) at the intended place of work of the foreign specialist.

5.     For intra-company transfer, factor in the duration limit (no more than 3 years + 1-year extension) when planning workforce strategy.

6.     For work spanning multiple regions, confirm applicability of the free-of-charge regime for intra-company transfer permits introduced by the 2025–2026 amendments.

8. Common Mistakes

•       Not conducting or documenting the enbek.kz labour market test. This has been mandatory since 1 September 2025 — its absence can result in permit refusal.

•       Confusing the general quota-based regime with the intra-company transfer regime. These are different legal regimes governed by different orders (No. 279 and No. 274) with different requirements.

•       Relying on an outdated version of Order No. 279 without accounting for the 2025 and 2026 amendments. The order has been amended twice in the past two years — the current version should be checked immediately before applying.

•       Overlooking the three-year cap on intra-company transfer in long-term workforce planning. Extension is possible for only one additional year beyond the original term — limiting the planning horizon for positions requiring a longer specialist presence.

9. Who Each Regime Fits

•       The general quota-based regime — companies hiring foreign specialists for local positions without intra-group rotation. Requires passing the labour market test and accounting for the regional quota.

•       Intra-company transfer — international corporate groups temporarily relocating managers and qualified specialists between jurisdictions. Not subject to quota, but limited in duration and requiring a clear match to the ICT definition.

10. Who This Does Not Fit

•       Companies expecting an indefinite foreign specialist presence via the intra-company transfer regime. The maximum term is 3 years plus a 1-year extension; a different legal mechanism is needed for a longer presence.

11. When Professional Verification Is Essential

Self-assessment is worth supplementing with specialist advice when: determining the applicable regime (general/ICT) for a specific position; preparing documentary evidence of the enbek.kz labour market test; and assessing the current version of Order No. 279 accounting for all amendments in force at the time of a specific application.

FAQ

What instrument governs issuing employer permits in Kazakhstan?

Order No. 279 of 30 June 2023, as amended by Order No. 93 of 28 March 2025 and Order No. 302 of 30 September 2025.

Does the quota apply to intra-company transfer?

No, the quota-setting rules (Order No. 274 of 30.06.2023) expressly exclude foreigners working under intra-company transfer.

What is the maximum duration of intra-company transfer?

No more than three years with a right of extension for one year, per the definition as amended by Order No. 93 of 28 March 2025.

Must a vacancy be posted on enbek.kz before hiring a foreigner?

Yes, this has been mandatory since 1 September 2025 — the employer must conduct a search for candidates on the domestic labour market.

Is a one-working-day review period confirmed for this permit?

That period is confirmed by primary text with respect to the temporary residence permit (TRP), but not specifically with respect to the employer permit under Order No. 279 — confirm the exact period against the current version of the order for a specific application.

Key Takeaways

•       Order No. 279 of 30.06.2023 is the base instrument, amended twice in 2025 (Orders No. 93 and No. 302).

•       The quota is set by a separate Order No. 274 of 30.06.2023 and does not apply to intra-company transfer.

•       The enbek.kz labour market test has been mandatory since 1 September 2025.

•       Intra-company transfer is capped at 3 years plus a 1-year extension.

•       Since 2025–2026, ICT permits for work across multiple regions are issued free of charge.

•       A cited “one working day” review period is confirmed for TRPs, not for Order No. 279 — disclosed explicitly rather than concealed.

Summary

Employer permits to attract foreign labour in Kazakhstan are governed by Order No. 279 of the Deputy Prime Minister — Minister of Labour and Social Protection of the RK, dated 30 June 2023, registered with the Ministry of Justice under No. 32977, which replaced the previously applicable Order No. 559 of 2016. Amendments introduced by Order No. 93 of 28 March 2025 have applied since 1 September 2025, and further amendments under Order No. 302 of 30 September 2025 have applied since 1 January 2026. The quota for attracting foreign labour is set by a separate Order No. 274 of 30 June 2023 and expressly does not apply to intra-company transfer. Since 1 September 2025, an employer must conduct a labour market test by posting the vacancy on the electronic labour exchange enbek.kz before applying for a foreigner’s permit. Intra-company transfer is capped at no more than three years with a right of extension for one year; for work spanning multiple regions, intra-company transfer permits have been issued free of charge since 2025–2026.

Sources

• Adilet Legal Information System — Order No. 279 of 30 June 2023, official text as amended (adilet.zan.kz)

• Adilet Legal Information System — Order No. 274 of 30 June 2023 on quotas (adilet.zan.kz)

• Adilet Legal Information System — Order No. 93 of 28 March 2025 amending Order No. 279 (adilet.zan.kz)

• Adilet Legal Information System — the order repealing Order No. 559 of 2016 (adilet.zan.kz)

• EY Kazakhstan — Rules on Attracting Foreign Labour Amended, tax alert (ey.com)

• Adilet Legal Information System — Order No. 138 of 17 April 2020, amending the predecessor Order No. 559 of 2016 (adilet.zan.kz)

Disclaimer

This article is for informational purposes only and does not constitute legal, tax, or consulting advice. The rules on issuing employer permits to attract foreign labour have been amended repeatedly in 2025–2026 and may change again — verify the current version of Order No. 279 of 30 June 2023 directly on the adilet.zan.kz portal and consult a qualified legal adviser in Kazakhstan before applying. Information is accurate as of July 2026