Print   

The Law of the Republic of Kazakhstan

On supplements and amendments to the Law

of the Republic of Kazakhstan on Migration

Article 1. Introduce into the Law on Migration of 13 December 1997 # 204-1 (Journal of the Parliament of the Republic of Kazakhstan, 1997, # 24, article 341) the following supplements and amendments:

1. The Preamble shall formulated in the following edition:

“This Law regulates public relations in the sphere of migration, defines legal, economic and social basis of migration processes”.

2. The Article 1 shall be formulated in the following edition:

“Article 1. Main definitions

The following definitions are used in this Law:

Refugees – foreigners, owing to well-founded fear for being persecuted for the reasons of race, religion, nationality, membership in a particular social group or political opinion, is outside the country of his nationality and is unable or unwilling, owing to such fear, or stateless persons being outside the country of their former habitual residence as a result of such events is unable or unwilling to return to it.

Internal migration – non return, temporary or season movement of individuals within the Republic of Kazakhstan.

Forced migrants – individuals, citizens of the Republic of Kazakhstan who were forced to leave the place of their residence on the territory of another state for the reason of real danger for the their lives in armed conflicts and returning to the country of their citizenship.

Immigration – entry of foreigners and stateless persons to the Republic of Kazakhstan for temporary or permanent residence.

Immigrants – foreigners and stateless persons arrived to the Republic of Kazakhstan for temporary permanent residence.

Migration – non return, temporary or season movement of individuals from one state into another as well as within the state.

Migrants – individuals, arrived to the Republic of Kazakhstan or left the Republic of Kazakhstan as well as moving within the Republic of Kazakhstan regardless the reasons and duration.

Illegal immigrants – foreigners and stateless persons arrived and staying in the Republic of Kazakhstan with the violation of the legislation which regulates the order of entry, stay and transiting of mentioned category of individuals.

Oralmans – foreigners or stateless persons of Kazakh origin who lived out of the Republic of Kazakhstan at the moment of gaining independence and arrived to the Republic of Kazakhstan for permanent residence.

Repatriation – voluntary return of individuals to their motherland.

Repatriants – citizens of the Republic Kazakhstan voluntary returning to their motherland.

Re-emigrants- foreigners and stateless persons former citizens of the Republic of Kazakhstan returning to their motherland.

Labor migration – temporary or season movement of individuals from one state to another as well as within the state for the purpose of seeking of employment and employment.

Center for temporary accommodation – places of possible temporary accommodation on the territory of the Republic of Kazakhstan oralmans, refugees and forced migrants.

Central executive body on the issues of population migration – state body, which realizes state policy in the sphere of migration and coordinates the activity concerning oralmans, forced migrants, refugees and labor migrants (hereinafter referred to as – authorized body).

Emigration – exit of the citizens of the Republic of Kazakhstan to another state for temporary or permanent residence.

Emigrants – the citizens of the republic of Kazakhstan leaving for another state for temporary or permanent residence.

3. In article 3

Part five shall be formulated in the following edition:

“in comprehensive assistance in repatriation of individuals of Kazakh origin to the Republic of Kazakhstan, organization of accommodation … and provision of social assistance to oralmns and forced migrants.”.

In part eight the words “for the first priority – repatriants from the zones of ecological and natural disasters.” shall be excluded.

Part nine shall be excluded.

In part ten the word “illegal” shall be changed for “unlawful”.

4. In article 4:

Part one shall be formulated in the following edition:

“Individuals resettling to Kazakhstan from other states on legal basis shall have the status of oralmans, forced migrants, re-emigrants, refugees unless otherwise provided in article 11 of this Law.”

In part two the words “for permanent residence for the period more than six months” shall be excluded and the words “employees of the embassies and representations of the republic of Kazakhstan in other countries” shall be changed into “employees of diplomatic representations, consular departments and representations of the Republic of Kazakhstan in International Organizations”.

The word “forced” in part three shall be excluded.

Add part four of the following content:

“Every subject of migration at the territory of the Republic of Kazakhstan shall register at the place of permanent residence or temporary stay. Such registration shall be conducted according to the identification documents. The list of identification documents and the order of registration shall be established by the Government of the Republic of Kazakhstan”.

5. In article 9:

In part one the words “for each calendar year” shall be changed with words “for coming year or perspective”.

Part two shall be formulated in the following edition:

“In the normative legislative act, which establishes immigration quota shall be obligatory for execution by all organizations regardless of forms of ownership and the bodies of state governance, the final number and types of migrants shall be defined as well as the activities necessary for their acceptance, settlement and adaptation”.

Part three shall be excluded.

6. In article 10 the words “Individual recognized as immigrant and having residence permit shall have” shall be changed with “Immigrants having residence permit shall have”.

7. In article 11:

in part one the words “The status of immigrant shall not be granted to foreigners and persons” shall be changed into “Immigrants shall not be foreigners and persons” the participle “staying” shall be changed accordingly.

Subsection 3) of part one shall be added with the words “, or did not leave the country after the finishing of the studying or production practice”.

Subsection 4) shall be formulated in the following edition:

“exercise labor or other entrepreneur activity on the territory of the Republic of Kazakhstan”.

8. Article 12 shall be excluded.

9. Article 13 shall be formulated in the following edition:

“Article 13. Financial support of migration activities

Financial support of migration activities shall be executed on the assets provided for these purposes in the state budget, as well as voluntary grants of organizations including foreign and endowments of individuals”.

10. Article 14 and 16 shall be unified and formulated in following edition:

“Article 14 The order of application, consideration and recognition of persons oralmans and forced migrants.

Applications of individuals for granting the statuses of oralmans or forced migrants shall be submitted personally or though the authorized representative to diplomatic mission or consular bodies of the republic of Kazakhstan abroad or on the territory of the republic of Kazakhstan to the authorized body or its territorial services.

The decisions can be taken by the authorized body or its territorial service within the period of two months from the date of registration of the application.

The authorized body and its territorial services shall inform the persons gained the status of oralmans or forced migrants with their rights and obligations in accordance with this Law.

Individuals recognized as oralmans shall be provided by the ID of established type and forced migrants shall be provided with relevant document.

The ID of the oralman and the document of forced migrant shall be the documents of high value and in addition to the national passports or similar identification documents shall be ground for employment, benefits provided by this Law.

The status of oralman shall be abolished after gaining citizenship of the republic of Kazakhstan and social support provided by this Law.

The status of forced migrant shall be abolished after receiving of social assistance provided by this Law.

In case the individuals were not recognized as oralmans or forced migrants they shall within thirty days from the day of taking such decision be informed in writing with indication of the reasons of refusal and the order of appeal.

Denies in recognition as oralmans and forced migrants can be appealed in higher authorized body or in court within thirty days from the day of receiving the answer. At the same time the decision on denial in recognition as oralman shall be sent to correspondent body of interior to organize their departure from the Republic of Kazakhstan after expiration of mentioned thirty days.

In case of appeal of the decision of the authorized body by the person applying for the status of oralman the actions of the bodies of interior connected with the organization of the departure from the territory of the Republic of Kazakhstan shall be suspended”.

11. Article 15 shall be formulated in the following edition:

“Article 15. The rights and obligation of persons applying for oralman and forced migrant statuses.

Immigrants staying on the territory of the Republic of Kazakhstan and applying for the status of oralman shall have all the rights provided by existing legislation of the Republic of Kazakhstan for foreigners and stateless persons.

Living conditions in the centers of temporary accommodation for the persons applying for the status of oralman and forced migrant included into the quota of immigration as well as the order of payment for public utilities, medical service, other benefits and compensations shall be regulated by the Government of the republic of Kazakhstan.

Persons staying on the territory of the Republic of Kazakhstan and applying for the status of oralman and forced migrant shall:

As soon as they have the order to go the center of temporary accommodation they shall appear there within three days and in case they choose the place of residence themselves than the correspondent territorial authorized body shall be duly informed.

Follow the established order of living in the center of temporary accommodation.

Pass through medical checks after demand of the bodies of health care, make grafts, treatment as well as to follow the charges of the health care bodies.

Inform the correspondent migration services on the issues necessary for consideration of application.

Oralmans came in accordance with the immigration quota and forced migrants have to live in the regions defined by the authorized body. In case of violation of this demand they shall not have benefits, compensation and other kinds of address assistance provided by this Law”.

12. Article 17 shall be excluded.

13. In article 18:

The title of the article shall be formulated in the following edition:

“Responsibility of the officials for employment of illegal immigrants”.

In part one the word “illegal” shall be changed into “unlawful”.

14. Article 20 shall be excluded.

15. Article 22 shall be added with points 9) and 10) of the following content:

“9) in case against the person in the country of his origin opened criminal case – until the case is closed or completion of sentence”

10) in case there is an action in the court against the person – until the obligations fulfilled”.

16. In article 23:

Part one shall be formulate in the following edition:

“Foreigners having permission of the bodies of interior for residence in the republic of Kazakhstan shall be issued with residence permit of a foreign citizen in the republic of Kazakhstan and stateless persons shall have the identification of a stateless person”.

17. In article 24:

The title of the article and part one shall be formulated in the following edition:

“Basis for refusal in granting residence permit in the republic of Kazakhstan to foreign citizen and stateless person.

Foreign or stateless person can be refused in granting residence permit and in the republic of Kazakhstan”.

In subsection 1) the word “illegal” shall be changed into “unlawful”.

Part one shall be added with subsection 6) of the following content:

“6) on other circumstances provided by the legislation of the republic of Kazakhstan.”

18. Articles 25, 26, 27 and 28 shall be excluded.

19. In article 29:

In the title of the article the words “repatriants (oralmans) shall be changed into “oralmans” and added with the words “and forced migrants arrived in accordance with the quota of migration”.

In section 1 the words “repatriation of Kazakhs to the historical motherland” shall be changed into “repatriation of ethnic Kazakhs to the republic of Kazakhstan”.

In subsection 1) of section 1 the words “repatriants (oralmans)” shall be changed with the words “oralmans and forced migrants”.

Subsection 2) of section 1 shall be formulated in the following edition: “free transportation and delivery of possessions of orlamans and forced migrants to the place of permanent residence”.

Subsection 4) of section 1 shall be formulated in the following edition:

“4) provision of assistance to jobless oralmans and forced migrants in employment, training courses and studying of new professions”.

Subsection 6) of section 1 shall be formulated in the following edition:

“6) provision if needed vacancies at schools, kindergartens as well as in the departments of social assistance”.

In subsection 8) of section 1 the words “repatriants (oralmans) “ shall be changed into oralmans”.

Subsection 9) of section 1 shall be formulated in the following edition:

“9) provision of assets for purchasing houses, and one time benefits by means of transferring them to the accounts of oralmans and forced migrants in the organizations authorized to make payments of benefits as well as land plots including for compact accommodation of oralmans, privilege long-term loans for construction of houses and organization of business”.

Subsection 11) of section 1 shall be formulated in the following edition:

“11) provision of state address social assistance provided for the citizens of the Republic of Kazakhstan”.

Subsection 12) of section 1 shall be excluded;

In section two the words “repatriants (oralmans) shall be changed with “oralmans and forced migrants arrived in accordance with immigration quota”.

In section three the words “repatriants (oralmans)” shall be changed with “oralmans and forced migrants”.

20 Part one of article 32 shall be added with the subsection 8) of the following content:

“8) during the presence abroad violated the legislation of the country of staying – up to one year”.

21. In article 34:

In subsection 1.2. of section 1 the words “on the issues of migration” shall be changed with “, concerning oralmans, forced migrants, refugees and labor migrants”.

Subsection 1.3. of section 1 shall be formulated in the following edition:

“take decisions on the applications of oralmans, forced migrants and re-emigrants on recognision of their status or make refusals”.

Subsection 1.4. of section 1 shall be excluded;

Subsection 2.4. of section 2 shall formulated in the following edition:

“organize in the frames of established quota of immigration resettlement, acceptance and accommodation of oralmans and forced migrants”

subsection 2.6. of section 2 shall be formulated in the following edition:

“perform registration of arriving oralmans and forced migrants as well as payment of welfare established by the Government of the Republic of Kazakhstan”.

Subsection 2.7. of section 2 shall be excluded.

22. Section 35 shall be excluded.

23. In article 36 the words “articles 16-17” shall be changed with words “article 13”.

24. Articles 1-41 shall be considered as articles 1-32.

President of the Republic of Kazakhstan