The main criteria for obtaining work permits by foreign citizens are: high qualification, knowledge of foreign languages, financial and intellectual contribution to the Kyrgyz Republic, as well as the absence of similar specialists in the local labor market from among Kyrgyz citizens.
The procedure for applying for a job depends on the status of a foreign citizen. There are three statuses:
temporarily staying - work on a visa or registration card; temporary residents - already have a temporary residence permit; permanent residents - foreigners with a residence permit; Two types of work permits are issued:
a) permission to attract foreign labor - a document of a standard form, giving the right to legal entities and individuals to attract and use foreign labor in the territory of the Kyrgyz Republic (“Permission to Employer”)
b) work permit - a document of an established form confirming the right of foreign citizens or stateless persons to carry out labor or business activities in the Kyrgyz Republic (“Worker Permit”).
2. The establishment of quotas for the attraction and use of foreign labor
The Government of the Kyrgyz Republic annually sets a quota for the attraction and use of foreign labor. The quota is established by occupational groups and by region of the Kyrgyz Republic, including the city of Bishkek.
3. Who needs a work permit
Individuals and legal entities of the Kyrgyz Republic planning to attract foreign labor must obtain an Employer Permission before hiring foreign citizens and stateless persons. Foreign citizens and stateless persons (over 18 years of age) who plan to work must apply for a Worker Permit.
4. In what cases can a person refuse to issue or cancel a work permit to a foreign citizen and a stateless person
Issuance of a work permit to a foreign citizen and a stateless person may be refused or a valid work permit may be canceled in the following cases:
- the presence of specialists from among citizens of the Kyrgyz Republic on the domestic labor market;
- identifying the inaccuracy of the information provided;
- termination of labor or individual entrepreneurial activity in the territory of the Kyrgyz Republic;
- committing actions contrary to the legislation of the Kyrgyz Republic.
In case of violation by the employer of the procedure for attracting and using foreign labor, the state migration service of the Kyrgyz Republic issues a warning to the employer indicating the deadline for eliminating the identified violations. In case of non-fulfillment of these requirements or a repeated violation, the permit to attract foreign labor is canceled or suspended until the violations are completely eliminated.
5. Who is exempted from the requirement to obtain a work permit
The legislation of the Kyrgyz Republic provides an exhaustive list of persons in respect of whom the requirement of obtaining permits does not apply. In particular, they include:
- persons officially recognized as refugees or who have received political asylum in the territory of the Kyrgyz Republic;
- Persons holding a permanent residence permit in the Kyrgyz Republic;
- persons seconded for installation (installation supervision) of technological equipment supplied by foreign legal entities;
- Students doing practical work as part of the programs of Kyrgyz educational institutions, as well as working during the holidays;
- Persons working in diplomatic missions and consular posts, as well as international organizations accredited in the Kyrgyz Republic; - correspondents and journalists accredited in the Kyrgyz Republic;
- Persons for whom a different procedure for employment is determined by interstate and intergovernmental agreements of the Kyrgyz Republic with foreign countries.
6. Duration of permissions
A work permit for a foreign specialist is issued for a period of one year, with the right to annual renewal.
7. Transfer of a valid permit to another employer
An Employer Permit cannot be transferred from one employer to another. Foreign workers who have received a work permit cannot transfer the Work Permit to another employer. Foreign workers have the right to work in more than one organization only with additional permits. Foreign individual entrepreneurs holding an Employee Permission have the right to carry out entrepreneurial activity at the place specified in the submitted application. In the event that a foreign individual entrepreneur wishes to carry out entrepreneurial activity in a place not specified in the application, he needs to obtain additional permits.
Required documents
The list of necessary documents for obtaining a Permit to attract and use foreign labor and a Work Permit for foreign citizens and stateless persons on the right to work in the Kyrgyz Republic is approved by the head of the state migration service for 1 year. (The list for 2015 - Appendix No. 1, for 2016 - under consideration and approval, will be provided later).
According to the above list of necessary documents, a medical certificate is provided on a blood test for HIV - infection of an international standard from the Republican AIDS Center, a criminal record is not provided.
(Clause 12 of the Regulation on the Procedure for Carrying Out Labor Activities by Foreign Citizens and Stateless Persons on the Territory of the Kyrgyz Republic ”, approved by Decree of the Government of the Kyrgyz Republic dated 04.16.2019 No. 175):
Appendix No. 1
Documents for obtaining permission to attract and use foreign labor and work permits (personal cards) are accepted in electronic or paper form. Acceptance of documents in electronic form is carried out using the Internet by e-mail Service. Each document sent by e-mail must be digitally signed by the applicant.
a) Documents for obtaining permission to attract and use foreign labor:
1. An application for the attraction and use of foreign labor in the form approved by the authorized body;
2. A notarized copy of the certificate of state registration of a legal or natural person;
3. In the case of licensed activities), a copy of the license for licensed activities;
4. The approved staffing table, indicating the number of all employees, personal data (last name, first name, middle name, passport number), as well as information on available vacancies).
b) Documents for obtaining a work permit (personal cards):
1. An application for a work permit in the form approved by the authorized body;
2. A notarized translation of a copy of a passport of a foreign citizen with a valid visa (category W1) or registration;
3. Notarized translation of a diploma of education for foreign citizens in the field of education, medicine, pharmaceuticals;
4. Medical report on HIV antibody testing by the Republican AIDS Center;
5. Two color matte photographs, with a corner, on a white background measuring 30x40 mm;
6. A copy of the current patent, prepaid for 3 months, certified by the tax service of the Kyrgyz Republic (for a foreign individual entrepreneur);
7. The employment contract, indicating the amount of salary or remuneration (for a highly qualified foreign specialist).
When submitting more than 3 (three) personal data, an electronic version of the data is required in the form of a table indicating the name of the organization, full name of the foreign specialist, date of birth, passport number, citizenship and position.
NOTE: If necessary, in the decision-making process, the interagency permitting commission may require additional documents from the applicant.