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Approved

by the regulation of the Government

of the Republic of Kazakhstan

of the January 28, 2000, N 136

RULES

of entry and stay of foreign citizens

in the Republic of Kazakhstan, as well as their departure

from the Republic of Kazakhstan

1. Present Rules are elaborated in accordance with the Constitution of the Republic of Kazakhstan, Law of the Republic of Kazakhstan “On migration of the population”, Decree of the President of the Republic of Kazakhstan,  “On legal state of foreign citizens in the Republic of Kazakhstan” having the force of law of the June 19, 1995, N 2337, and determine the order:

2. Effect of the present Rules also applies to the persons without citizenship, if otherwise it is not regulated by the legislative acts of the Republic of Kazakhstan.

3. Receiving organizations and persons, having invited foreign citizens to the Republic of Kazakhstan on private affairs, provide timely explanation to the foreign citizens on their rights and responsibilities, provided by the legislation of the Republic of Kazakhstan and present Rules, fulfillment of the established legal norms in relations with foreign citizens, and also take the responsibility established by the legislation of the Republic of Kazakhstan on timely registration of the documents on their right to stay in the Republic of Kazakhstan, movement on the territory of the Republic of Kazakhstan, and departure from the Republic of Kazakhstan upon the expiry of their fixed term of stay.

Control for the maintenance of the requirements of the present Rules by the foreign citizens, persons without citizenship, as well as by the officials and citizens of the Republic of Kazakhstan are carried out by the departments of internal affairs in co-operation with the bodies of national security.

2. Entry to the Republic of Kazakhstan and departure of foreign citizens from the Republic of Kazakhstan

4. Foreign citizens enter to the Republic of Kazakhstan and exit from the Republic of Kazakhstan through the check points on the state border, open for international and passenger communication, with passports or substituting documents (further referred as passports), in the presence of visas of the Republic of Kazakhstan, if other order is not established by the international treaties, ratified by the Republic of Kazakhstan.

5. Entry visas to the Republic of Kazakhstan (entry) and entry to the Republic of Kazakhstan – exit from the Republic of Kazakhstan – (entry-exit) to the foreign citizens are issued by the Ministry for Foreign Affairs of the Republic of Kazakhstan, foreign establishments and consular posts of the Republic of Kazakhstan, and in case of absence of aforementioned – specially empowered representatives of the Republic of Kazakhstan.

6. Exit visas from the Republic of Kazakhstan (exit) and exit visas from the Republic of Kazakhstan – entry to the Republic of Kazakhstan (exit-entry) to the foreign citizens are issued by the Ministry of Internal Affairs of the Republic of Kazakhstan, and also by the territorial departments of internal affairs empowered by the aforementioned Ministry.

Issue of exit and exit-entry visas to foreign citizens, whose passports are registered in the Ministry for Foreign Affairs of the Republic of Kazakhstan, its representative offices is executed by aforementioned organizations.

7. Upon the request of the receiving organizations, foreign citizens could obtain multi visas on entry to the Republic of Kazakhstan, and exit from the territory of the Republic of Kazakhstan.

8. The grounds for issuing visas of the Republic of Kazakhstan and prolongation of their term are:

9. The grounds for issuing entry visas must conform with the aims of foreign citizens stay in the Republic of Kazakhstan. Foreign citizens, arriving in the Republic of Kazakhstan on the invitation of relatives and familiars, that is on private affairs, and also arriving on business matters, on study and as tourists, could not work on the territory of the Republic of Kazakhstan, be engaged in other activity, not connected with the aim of entry, indicated in visa, except for the cases, envisaged by the legislative acts of the Republic of Kazakhstan.

Attraction of foreign workers without license (import), realization of labor activity by the foreign citizens, temporary staying in the Republic of Kazakhstan without the appropriate permits is prohibited.

10. Category and type of visas, the order of their issue, as well as cancellation and prolongation of the terms of their effect is determined by the Ministry for Foreign Affairs of the Republic of Kazakhstan and Ministry of Internal Affairs of the Republic of Kazakhstan in concordance with the Committee of national security of the Republic of Kazakhstan.

11. Entry to the Republic of Kazakhstan and departure from the Republic of Kazakhstan of foreign citizens can be prohibited based on the grounds, established by the legislative acts of the Republic of Kazakhstan.

3. Registration of foreign citizens, temporary arriving to the Republic of Kazakhstan

12. Foreign citizens temporary arriving to the Republic of Kazakhstan, must carry passports, registered in the order, established by the present Rules, and present them upon the request of authorized state bodies.

In case of loss of the passport, foreign citizen must immediately inform the department of internal affairs, which issues certificate about the loss upon the request of the foreigner.

13. Foreign citizens, arriving to the Republic of Kazakhstan during 72 (seventy two) hours from the moment of entry to the territory of the Republic of Kazakhstan, excluding weekends and holidays, must register their passports in the order established by the legislation.

14. The order of registration of foreign citizens’ passports is determined by the Ministry for Foreign Affairs of the Republic of Kazakhstan and Ministry of Internal Affairs of the Republic of Kazakhstan in concordance with the Committee of National Security of the Republic of Kazakhstan.

15. Foreign citizens could be exempt from the registration of passports in accordance with the legislative acts of the Republic of Kazakhstan and international treaties, ratified by the Republic of Kazakhstan.

16. Ministry for Foreign Affairs of the Republic of Kazakhstan and its representations register the following passports:

17. Passports of the foreign citizens not indicated in the paragraphs 15 and 16 of the present Rules register in the departments of internal affairs.

4. Issuing of the documents on the right of permanent residence of foreign citizens in the Republic of Kazakhstan

18. Permanently residing in the Republic of Kazakhstan are acknowledged those foreign citizens, having received the authorization, as well as residence permits, issued by the departments of internal affairs.

19. Foreign citizens, staying on other legitimate basis are considered as temporary staying in the Republic of Kazakhstan. Citizens of foreign countries temporary staying in the Republic of Kazakhstan may apply for permanent residency.

20. The order of granting permanent residency to foreign citizens in the Republic of Kazakhstan is determined by the Ministry of Internal Affairs of the Republic of Kazakhstan and by the Agency of the Republic of Kazakhstan on migration and demography in concordance with the Committee of National Security of the Republic of Kazakhstan.

21. The documents on the right of permanent residency are the following:

22. Applications on issue of the authorization on the right of permanent residence in the Republic of Kazakhstan are put in by the foreign citizens to the authorized bodies in order established in accordance with the paragraph 20 of the present Rules.

Applications on prolongation of the residence permit or on issue of a new document on the right of residence in the Republic of Kazakhstan must be put in by the foreign citizens to the departments of internal affairs on their residence not later than two months before the expiry of its period of validity, in case of loss – not later than 72 hours.

23. Foreign citizen could be rejected in the obtaining of the authorization on permanent residency:

24. Foreign citizens, who during 6 months from the date of expiry of the validity period of their passports do not present new or prolonged documents, departments of internal affairs issue certificates of stateless persons.

Certificate of stateless person is exchanged to the residence permit, if its owner presents to the departments of internal affairs a valid passport.

25. Foreign citizens, permanently residing in the Republic of Kazakhstan are subject to registration on their permanent and temporary address according to the order, envisaged by the legislation for the citizens of the Republic of Kazakhstan.

5. Movement and transit passage of foreign citizens on the territory of the Republic of Kazakhstan and their choice of residence in the Republic of Kazakhstan

26. Foreign citizens may freely move on the territory of in the Republic of Kazakhstan, open for the visit of foreign citizens, and choose residence in accordance with the rule, established by the legislation of in the Republic of Kazakhstan.  Limitations on movement and choice of residence are established by the normative legislative acts of the Ministry of Internal Affairs of the Republic of Kazakhstan or by the Committee of National Security of in the Republic of Kazakhstan, when it is necessary for the provision of the state security, protection of public order, health and morality of the population, protection of the rights and legal interests of the citizens of in the Republic of Kazakhstan and other persons.

27. Movement order of foreign citizens in the Republic of Kazakhstan, as well as their entry to the separate areas (territories), closed for the visit of foreign citizens, is determined by the Ministry for Foreign Affairs of the Republic of Kazakhstan in concordance with the Committee of National Security of the Republic of Kazakhstan.

28. For the entry to the Republic of Kazakhstan and departure from the Republic of Kazakhstan for the foreign citizens. passing through the territory of the Republic of Kazakhstan by transit, transit visas of the Republic of Kazakhstan are registered.

29. Transit passage of foreign citizens through the territory of the Republic of Kazakhstan to the country of destination is allowed at the presence of documents, valid for the entry to the third country and appropriate travelling documents (tickets), approving the date of exit from the point of change in the Republic of Kazakhstan, not later than 72 hours from the moment of arrival at the port, station, located on the territory the Republic of Kazakhstan.

30. Foreign citizens, passing through the territory of the Republic of Kazakhstan by transit to countries, with which the country of their citizenship has the agreement on entrance without visa regime, must have transit visa of the Republic of Kazakhstan.

31. Foreign citizens, passing through the territory of the Republic of Kazakhstan by transit on motor vehicles, as well as foreigners realizing international automobile transportation of freight, should drive on the roads, open for the international automobile communication.

32. The order of transit passage of foreign citizens through the territory of the Republic of Kazakhstan is regulated by the Ministry for Foreign Affairs of the Republic of Kazakhstan and Ministry of Internal Affairs of the Republic of Kazakhstan in concordance with the Committee of National Security of the Republic of Kazakhstan.

6. Responsibility for the violation of present Rules. Curtailment of the period of stay and deportation of foreign citizens from the Republic of Kazakhstan

33. Violation of norms of the present Rules draws the responsibility, stipulated by the legislation.

34. Curtailment of the period of stay in the Republic of Kazakhstan and foreign citizens’ deportation from the Republic of Kazakhstan is made on the grounds stipulated by the legislation of the Republic of Kazakhstan.

35. Decisions on curtailment of the period of stay of the foreign citizens in the Republic of Kazakhstan are made by the departments for internal affairs or by the bodies of national security in accordance with the legislation of the Republic of Kazakhstan.

36. Decision on deportations is made by the departments of internal affairs or by the bodies of national security of the Republic of Kazakhstan.  Foreign citizen must leave the Republic of Kazakhstan on the term, indicated by this decision.  Persons deviating from departure in such cases are subject to detention and deportation from the country, with the sanction of the public prosecutor. In such cases detention is allowed for the period, necessary for the deportation.

Deportation expenses are incurred by the foreign citizens, who are the subject to departure or organizations and private persons, having invited the foreign citizen to the Republic of Kazakhstan, and in exceptional cases – departments of internal affairs.

In accordance with international treaties, ratified by the Republic of Kazakhstan, transportation organizations, having conveyed persons, entered to the territory of the Republic of Kazakhstan without the right of entry, is responsible for the departure of the above mentioned persons. 

37. Foreign citizen has a right in the order established by the legislation to appeal a decision on his deportation from the Republic of Kazakhstan and on curtailment of the period of stay.

38. The issue of responsibility of foreign citizens enjoying privileges and immunities for the violation of the present Rules in accordance with the legislation of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan, as well as curtailment of the period of stay on the territory of the Republic of Kazakhstan, is permitted through the diplomatic channels.

7. International agreements

39. If the international agreement establishes other rules than the ones contained in the present Rules, the rules of the international treaty are applied.

Supplement N 21

to Instructions

To the Head of division of internal affairs______

_______________________________________

(name of city, district executive committee)

_______________________________________

(rank, surname, name, patronymic name)  

REPORT

I report to you that I _____________________________________________________

      (position)

the district inspector __________________ of militia _________________________

(rank)

______________________________________________________________________

(surname, name, patronymic name)

have checked the actual residing of foreign citizens and stateless persons on the serviced area

The checking established that the citizen ___________________________________

___________________________________________________________________

(indicate the state, surname, name, patronymic name

______________________________________________________________________

year of birth, if he has children under 16 years, then their surnames and year of birth)

____________________________________________________ reside on the street

______________________________________________________________________

(indicate the number of houses and number of apartments)

______________________________________________________________________

______________________________________________________________________

have residence permits for foreign citizens and stateless persons

The validity period up to “__” ______ 19 __   _________________________________

______________________________________________________________________

(indicate whether they were at home, with whom reside,

______________________________________________________________________

where works in what capacity;

______________________________________________________________________

the opinion of neighbours, their surnames, number of apartments and houses;

______________________________________________________________________

whether he has motor vehicle, if he drives beyond the district,

______________________________________________________________________

to find out where he drove, when and with whom,

______________________________________________________________________

(what violations have been identified)

______________________________________________________________________

It was suggested to the violator:_____________________________________________

______________________________________________________________________

District inspector ________________ 

______________________________

     (signature, surname)

“___” _________ 19__