Foreign citizens in the Republic of Kazakhstan are divided into temporarily staying and permanently residing. To hire temporarily staying foreigners, the employer must obtain a permit to attract foreign labor. To employ a permanently residing foreigner, such a permit is not required. During the period of registration of a residence permit, a foreigner may face the question: From what moment is the employment of foreign citizens considered legal without a quota?
In accordance with Article 4 of the Law of the Republic of Kazakhstan "On the Legal Status of Foreigners", foreigners who have received permission and a document for the right of permanent residence in the established manner are recognized as permanent residents in the Republic of Kazakhstan.
The presence of one permit for the right of permanent residence, if the document for the right of residence (residence permit) has not yet been received, does not give grounds to say in accordance with the specified norm that the status of a permanent resident foreign citizen has been received. Until the moment of receiving a residence permit, a foreigner is considered temporarily residing.
According to subparagraph 4 of Article 26 of the Labor Code of the Republic of Kazakhstan, it is not permitted to conclude an employment contract with temporarily staying foreigners without obtaining permission from the local executive body to attract foreign labor.
Therefore, until a residence permit is obtained, the company does not have the right to hire a foreigner without a permit to employ foreign labor.