Foreign citizens in the Republic of Kazakhstan are divided into temporary residents and permanent residents. To employ temporarily staying foreigners, the employer must obtain a permit to attract foreign labor. For the employment of a permanently resident foreigner, such a permit is not required. During the period of obtaining 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 a permit and a document for the right of permanent residence in the prescribed manner are recognized as permanent residents of 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 obtaining a residence permit, a foreigner is considered to be a temporary resident.
According to subparagraph 4 of Article 26 of the Labor Code of the Republic of Kazakhstan, it is not allowed to conclude an employment contract with temporarily staying foreigners without obtaining permission from the local executive body to attract foreign labor.
Therefore, before obtaining a residence permit, the company is not entitled to employ a foreigner without a permit to attract foreign labor.