Rules and grounds for the stay of foreigners in the Republic of Kazakhstan

According to paragraph 9 of the Rules for the entry and stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan, the registration of immigrants is carried out by the internal affairs bodies on the basis of information from the receiving persons, as well as the National Security Committee of the Republic of Kazakhstan, coming from checkpoints across the State Border Republic of Kazakhstan.

Hosts inform the internal affairs authorities about immigrants staying with them within 3 working days from the date of their arrival.

So, according to the changes made to the above Rules, if you enter the territory of Kazakhstan as an immigrant, then you no longer have the obligation to personally notify the internal affairs authorities.

This obligation today lies with the host party, to whom the legislation refers to citizens of the Republic of Kazakhstan, foreigners and stateless persons permanently residing in the Republic of Kazakhstan, or legal entities registered in the Republic of Kazakhstan, applying for an invitation to immigrants to the Republic of Kazakhstan for temporary residence and (or ) providing a place for them to live.

The host country can also submit a notification of incoming immigrants to the territorial police departments also through the visa and migration portal.

If the receiving party did not notify the internal affairs bodies about the incoming immigrants, then it is liable in accordance with Article 518 of the Code of Administrative Offenses of the Republic of Kazakhstan. The amount of the fine varies from 10 to 20 MCI (1 MCI = 2,917 tenge at the time of publication of the article), if the violation is repeated during the year, the amount of the fine is much larger and will vary from 30 to 100 MCI.

As for the duration of stay, foreigners who arrived in Kazakhstan have the right to stay on the territory of the state for up to 30 days without obtaining a temporary residence permit (TRP), except when foreigners arrive:

• on the basis of a visa (the right to stay during the validity of the visa);
• on the basis of a permit to engage foreign labor (for the duration of the permit);
• from the EAEU countries (right to stay up to 90 days);
• from countries in relation to which a visa-free regime is applied and which, at the same time, can stay on the territory of Kazakhstan for more than 30 days.

As for the citizens of the EAEU (Russia, Kyrgyzstan, Belarus, Armenia), foreigners from these countries carry out labor activities on the territory of the Republic of Kazakhstan without obtaining a permit on the basis of an employment contract.

For foreigners staying for a period of more than 30 days (for work, study, treatment, business immigrants, as well as for the purpose of family reunification and missionary work), a temporary residence permit is required.

To obtain a TRP, the host person applying for the invitation of immigrants to the Republic of Kazakhstan for temporary residence and (or) providing a place for their residence, applies to the territorial police departments.

A temporary residence permit is issued on the basis of applications:

1) individuals to whom immigrants arrived for the purpose of family reunification;

2) individuals and legal entities that have concluded an employment contract with an immigrant in accordance with the procedure established by law;

3) educational organizations that implement educational programs of general secondary, technical and vocational, post-secondary, higher and postgraduate education, including organized exchange programs for students and passage of preparatory courses that enrolled immigrants for full-time education;

4) healthcare organizations in which immigrants are hospitalized;

5) religious organizations in which immigrants carry out missionary activities in accordance with the procedure established by law;

6) local executive bodies – immigrants who arrived for the purpose of carrying out entrepreneurial activities in accordance with the legislation of the Republic of Kazakhstan (business immigrants).

A temporary residence permit is issued for a period not exceeding the validity period of the immigrant’s national passport.

The following immigrants are exempted from obtaining a temporary residence permit:

• Arrived in the Republic of Kazakhstan with a visa of the Republic of Kazakhstan;
• holding a diplomatic or service passport;
• under 16 years of age.

Immigrants arriving for the purpose of employment are divided into the following categories:

1) foreign workers – immigrants:

• Arrived for self-employment in professions in demand in priority sectors of the economy (types of economic activity);
• attracted by employers to carry out labor activities on the territory of the Republic of Kazakhstan, including those who arrived as part of an internal corporate transfer;

2) business immigrants – immigrants who arrived for the purpose of carrying out entrepreneurial activities in accordance with the legislation of the Republic of Kazakhstan;

3) seasonal foreign workers – immigrants, recruited by employers for a period of not more than one year to perform seasonal work, which, due to climatic or other natural conditions, are performed during a certain period (season), according to the list of professions approved by the authorized body on migration issues the population in agreement with the authorized state bodies that manage the relevant area of ​​public administration;

4) labor immigrants – immigrants who arrived in the Republic of Kazakhstan as domestic workers in order to perform work (render services) for employers – individuals in the household on the basis of a permit for a labor immigrant.

The attraction of foreign labor, as well as the implementation of labor activities by immigrants temporarily residing in the Republic of Kazakhstan, are carried out on the basis of the permission of the local executive body or internal affairs bodies within the quota established by the authorized body for population migration, unless otherwise provided by the legislation of the Republic of Kazakhstan in the field of population migration and/or international treaties of the Republic of Kazakhstan, ratified by the Republic of Kazakhstan.

The permitted period of stay of immigrants in the Republic of Kazakhstan ends:

• for immigrants who arrived in the Republic of Kazakhstan in a manner that does not require a visa – after thirty calendar days from the date of crossing the State Border of the Republic of Kazakhstan;
• for citizens of the member states of the Eurasian Economic Union – after ninety calendar days from the date of crossing the State Border of the Republic of Kazakhstan;
• for immigrants who arrived on the basis of a visa to enter the Republic of Kazakhstan – after the expiration of the visa;
• for citizens of states with which the Republic of Kazakhstan has ratified international treaties that define other periods of stay – after the expiration of the periods specified in these treaties;
• for immigrants who have issued a temporary residence permit – after the expiration of this permit;
• for immigrants brought to administrative responsibility for previously committed violations of the period of stay in the Republic of Kazakhstan – after fifteen days after the decision to bring to administrative responsibility was made;
• for immigrants convicted of a criminal offense – after ten calendar days after serving their sentence or release from sentence, except in cases of their expulsion based on a court decision;
• for immigrants who permanently resided in the Republic of Kazakhstan and have issued documents for leaving the Republic of Kazakhstan abroad for permanent residence – within thirty calendar days after the documents were issued;
• for immigrants who, in accordance with the procedure established by the criminal procedural legislation, have reported the commission of acts against them, recognized in accordance with the Criminal Code of the Republic of Kazakhstan as a grave or especially grave crime, – within thirty calendar days after consideration of the application in accordance with the criminal procedural legislation of the Republic of Kazakhstan;
• for immigrants sentenced by the courts of the Republic of Kazakhstan conditionally to punishments not related to isolation from society, as well as those released on parole – after fifteen calendar days after the expiration of the term of the imposed punishment or the unserved part of the punishment;
• for immigrants who, in accordance with the procedure established by the criminal procedure legislation, are recognized as victims or witnesses in criminal cases of such crimes, the period of stay is extended for the period necessary for the investigation of the criminal case, but not more than ninety calendar days;
• in exceptional cases (in case of emergency situations of a social, natural, man-made nature and the introduction of a state of emergency due to a real threat of a natural disaster or a large-scale accident (catastrophe), as well as violations of the transport schedule) – the period of stay is extended for the period necessary for organization of departure, but not more than thirty calendar days.

We also remind you that at the moment the crossing of the state border of the Republic of Kazakhstan by foreigners and stateless persons is limited, entry is carried out in accordance with the “Procedure for crossing the State border of the Republic of Kazakhstan from May 11, 2020 for the period of quarantine restrictions”.

* If you need legal advice on migration issues, issues of entry into and exit from the territory of the Republic of Kazakhstan, then you can contact the KORGAN Law Company at any time directly or by phone: +7 701 705 82 48.