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Instructions

on the Procedure of Application of the Rules on the  Sojourn of Foreign Citizens

in the Republic of Kazakhstan

I. General Provisions

1. These Instructions shall define the procedure for applying by the bodies of Internal Affairs, Ministries, Departments, institutions and organisations and enterprises irrespective of their form of ownership as well as by private persons of the Rules of sojourn of foreign citizens in the Republic of Kazakhstan as approved by Decree N 186 of the Cabinet of Ministers of the Republic of Kazakhstan (henceforth - the Rules), dated March 10, 1993 (Supplement N 21) including:

2. In accordance with legislation of the Republic of Kazakhstan foreign citizens shall be recognised as persons who are not citizens of the Republic of Kazakhstan and who have proofs of their belonging to the nationality of a foreign state. 

The persons who are not citizens of the Republic of Kazakhstan and who have no proof of their belonging to the nationality of a foreign state shall be deemed to be stateless persons. 

All foreigners who are in the Republic of Kazakhstan by their legal status shall be subdivided into two categories:  those permanently residing and temporary staying.

3. Those permanently residing in the Republic of Kazakhstan foreigners have permission therefore or a residence permit issued by the bodies of Internal Affairs in accordance with the procedure stipulated in these Instructions. They shall be subject to registration in the place of their permanent residence.

4. Those temporarily staying on a legal basis in the Republic of Kazakhstan foreigners shall reside in the territory of the Republic of Kazakhstan in accordance with the foreign passports or the documents substituting for those (henceforth for their designation the term “passports” will be used, unless otherwise stipulated), as registered in accordance with the procedure established by these Instructions for the relevant categories of foreigners, and they shall be obliged to leave the Republic of Kazakhstan upon expire of the period which is defined for them.  This period may be extended in accordance with the established procedure or reduced by the bodies of Internal Affairs on the basis defined by legislation of the Republic of Kazakhstan.

Those temporarily staying foreigners shall not have the right to be employed, engaged in entrepreneurial activities or commercial activities, enter the educational establishments for training in the territory of the Republic of Kazakhstan unless this is consistent with the purpose of their arrival as stipulated in the visa. 

Passports of foreigners shall not be the basis for sojourn in the Republic of Kazakhstan unless they are registered in accordance with the established procedure.  Exception shall be the documents of persons, which are listed in paragraph 17 of these Rules.

5. The existence of diplomatic passports, diplomatic, service or consular cards of the Ministry of Foreign Affairs or UN passports and its specialised institutions witness that the persons have privileges and immunity as established in legislation of the Republic of Kazakhstan or international treaties of the Republic of Kazakhstan and that issues which arise in respect of them must be decided in a diplomatic procedure, that is, through the Ministry of Foreign Affairs of the Republic of Kazakhstan and its representations.

II. Entry to the Republic of Kazakhstan on Private Issues

Entry into the Republic of Kazakhstan of foreigners on invitations of relatives and acquaintances, organisations, enterprises and institutions.

6. Citizens of the Republic of Kazakhstan as well as foreigners, permanently residing in the Republic of Kazakhstan in order to invite to the Republic of Kazakhstan of foreign citizens shall submit to the bodies of Foreign Affairs in the place of their residence application-forms (Supplement N 1) in two copies, the receipt of payment of the state duty. 

In the case of a positive decision on such applications,  applicants shall be issued invitations of the established form (Supplement N 2) which are sent by them abroad to the invited persons.  Invitations shall be deemed to be permissions for entry of citizens from the state with which the Republic of Kazakhstan entered into agreement on travel without visa. 

Foreign citizens from other states shall appeal with the received invitations to consular institutions of the Republic of Kazakhstan abroad or other states which are authorised by the Ministry of Foreign Affairs of the Republic of Kazakhstan for receiving entry and exit visas.

7. In the case of invitation to the Republic of Kazakhstan of foreign citizens in relation to heavy disease of their relatives or their death the applicant shall send to them telegraph message certified by the appropriate medical institution.  On the basis of these telegrams the consular institutions of the Republic of Kazakhstan abroad shall issue to foreign citizens’ entry and exit visas.

8. Entry to the Republic of Kazakhstan of relatives and acquaintances of foreign citizens whо are staying in the Republic of Kazakhstan on an official matters, for training (probation) shall be considered by the bodies of Internal Affairs on the basis of the written applications of receiving organisations. Together with the written applications the receiving organisation shall also submit application forms (Supplement N 1) completed by foreign citizens which invite their relatives and foreigners from abroad. In these cases invitations to foreigners shall be issued through the representatives of those organisations.

9. The received documents shall be reviewed through accounting subdivisions of the passport and visas work and they shall be agreed with the bodies of the National Security. The materials on entry to districts which are closed for visits of foreigners shall be subject to agreeing with the Committee of the National Security and, where necessary, with the Ministry of Defence (when visiting the space centre Baikonur and facilities which are near by).

10. Persons who invite to the Republic of Kazakhstan foreign citizens on private issues shall assume the obligation to support them with residential area and needed support. 

Obligations associated with the providing residential area to foreigners who arrive in the Republic of Kazakhstan on invitations of foreign citizens who are in the line of receiving organisations shall be assumed by those organisations which must be stipulated in their applications to the bodies of Internal Affairs.

11. Foreigners, who are stateless persons, may be denied the entry to the Republic of Kazakhstan and he also may be expelled from the Republic of Kazakhstan in the following cases:

12. Petitions of citizens of the Republic of Kazakhstan, foreign citizens and stateless persons to invite relatives and acquaintances shall be considered within a month’s term from moment of receiving all documents which are required for consideration of the case by the bodies of Internal Affairs.  Within the same period the appeals of receiving organisations shall be considered.

Entry into the Republic of Kazakhstan of Foreigners for the Purpose of Visiting Graves of Their Relatives

13. Foreign citizens and stateless persons shall enter into the Republic of Kazakhstan for the purpose of visiting graves of their relatives in accordance with entry- exit visas issued by diplomatic and consular representations of the Republic of Kazakhstan abroad.

14. In order to document the entry to the Republic of Kazakhstan for the purpose of visiting a grave of relatives, foreign citizens shall submit to diplomatic and consular institutions of the Republic of Kazakhstan abroad the following documents:

Other documents, which have relation to the petition, may be attached to the applications

15. Diplomatic and consular representations of the Republic of Kazakhstan abroad shall pass statements on petitions of applicants and they shall express their opinion on the expedience of such a trip. 

The documents received together with the report shall be sent through the Ministry of Foreign Affairs of the Republic of Kazakhstan to the Main Department of Internal Affairs, Departments of Internal Affairs in the territory of services whereof the burial is located.

16. The period of sojourn in the Republic of Kazakhstan for visiting graves of relatives shall be defined in each specific case in individual procedure and, as a rule, must not exceed thirty days.

17. The adopted decision shall be communicated by the Departments of Passports and Visa Work of Main Department of Internal Affairs, or Department of Internal Affairs within one month to Consular Departments of the Ministry of Foreign Affairs of the Republic of Kazakhstan. In the communication it must be shown: for which period, what area and at what time the applicant is allowed to enter to the Republic of Kazakhstan.

18. Those foreigners who arrive in the Republic of Kazakhstan to visit graves shall be registered on the general basis at the municipal district bodies of Internal Affairs. 

The procedure for entry into the Republic of Kazakhstan for meetings with convicted.

19. Foreigners who serve punishments in correction and labour institutions in the territory of the Republic of Kazakhstan in accordance with current legislation shall have the right to meet their relatives and other persons who reside both in the Republic of Kazakhstan and abroad. The visits shall be carried out in accordance with the Correction and labour code of the Republic of Kazakhstan. 

Those sentenced foreigners with the request of visit shall appeal to the Administration of the correction and labour institutions which shall communicate the adopted decisions on those request to the Main Department of institutions of the penal system of the Ministry of Internal Affairs of the Republic of Kazakhstan.

20. On the basis of communications of the correction and labour institutions from places the GUUIS MVD of the Republic of Kazakhstan shall adopt the decision on the place and time for conducting visits and communicate to the Consular Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan which shall issue instructions to consular institutions abroad to issue entry and exit visas to foreign citizens, stateless persons who obtained the permission to such visits. 

The place and the date for conducting visits the GUUIS MVD of the Republic of Kazakhstan shall communicate accordingly to the Department of Internal Affairs which carries out supervision of the regime of the visit, residence and timely exit from the Republic of Kazakhstan of the persons who arrive from abroad.  The registration of those who arrived shall be carried out at the bodies of Internal Affairs.

21. When relatives and acquaintances of a person who serves sentence in the Republic of Kazakhstan residing abroad appeal, the consular institution of the Republic of Kazakstan through the Ministry of Foreign Affairs shall inform of that the bodies of Internal Affairs and the National security.  After the positive decision is taken the bodies which execute the punishment shall communicate that to the Ministry of Foreign Affairs on the basis of which the consular institution shall issue entry - exit visa.

III. Registration of Passport of Foreigners Who Temporarily Stay in the Republic of Kazakhstan and Accounting for Them

22. Registration of passports of foreigners who temporarily stay in the Republic of Kazakhstan shall be carried out in accordance with their jurisdiction the Ministry of Foreign Affairs of the Republic of Kazakhstan, its representations, the bodies of Internal Affairs and hotels.

23. The procedure for registration (extension of the period of validity of registration) of passports of foreigners who arrived to the Republic of Kazakhstan through the Ministry of Foreign Affairs of the Republic of Kazakhstan and its representations shall be defined by those organisations.

24. Passports of foreigners who arrived to the Republic of Kazakhstan through the receiving organisations (except for tourists) for the period not exceeding thirty days shall be registered at the municipal and district bodies of Internal Affairs in the place of residence within three days after their arrival at the organisation, excluding days-off and holidays and in the city of Almaty - by Main Department of Internal Affairs.  Persons who entered for a period of more than thirty days shall be registered at the UVD-GUVD.

25. The basis for registration of passports of foreigners shall be the visas, agreements, contracts and arrangements in accordance wherewith they arrived to the Republic of Kazakhstan. Registration shall be documented by way of affixing the appropriate stamp (Supplement N 3) in the visa, passport and in exceptional cases - on a separate sheet of paper. 

A stamp or a note on registration of tourist groups certified by the state seal shall be affixed on the reverse side of group visas or collective lists. 

Entries in the stamp shall be carried out clearly and, in cases of introducing amendments, they shall be described. 

Registration shall be certified by the signature of the employee who documented it.  The note on registration shall be made in a journal of the established form (Supplement N 4).

26. Accounting for arrived foreigners at hotels and receiving organisations shall be carried out in accordance with the journal (Supplement N 5) which must be enumerated, bound, certified by the seal and signature of the Head of the Department (unit) of Foreign Relations and (protocol service) of the receiving organisation, Head of that organisation or hotel.  Introduced amendments must be described.

27. Organisations which receive foreign tourists shall be obliged to timely but not later than 24 prior to communicate to the bodies of Internal Affairs on their arrival, routes and place of residence.

28. The passports of foreigners who arrived under visa «tourism» for a period not exceeding thirty days according to the journal (Supplement N 5) shall be registered at the hotels. 

Foreign citizens shall submit their foreign passports to the Administration as well as collective lists and tours, which after registration shall be returned to their owners.  Once per quarter Administration of the hotel shall communicate to the bodies of Internal Affairs of the numbers of registered foreign citizens.

29. Registration shall be documented for periods stipulated in tours, written applications of receiving organisations, permanent foreign registrations, but not longer than the period of validity of visas and passports of the foreigners.

30. Passports of foreign trainees included into preparatory faculties of educational establishments shall be registered for a period of training at those faculties. Upon completing a preparatory faculty and inclusion of foreigners for training the registration of their passports shall be extended for the entire period of training on the basis of written petitions of the Administration of educational establishments.  Extension of the period of validity of registration shall be carried out in accordance with section IV of these Instructions.

31. In order to document registration of the passport of a foreigner the receiving organisation shall submit to the bodies of Internal Affairs the following documents:

With regard to the persons who arrive for a period in excess of one year, aside from that the following:

32. Foreign representations shall submit the same documents except for accounting cards of pro-forma F-16.  On the foreigners who arrive in the Republic of Kazakstan under the line of permanent foreign representation as well as on private business the accounting cards shall be compiled by the worker of the bodies of Internal Affairs.

33. The registration of the passports of foreigners who enter to the Republic of Kazakstan on private business shall be carried out on the basis of the visas they have or certificates (telegrams) on invitation.  Aside from the visas, certificates (telegrams) on invitation, the foreigner shall submit the documents on the payment of the state duty.

34. When foreigners are sent to continue work or training to other regions of the Republic of Kazakstan which are open for visits by foreigners the receiving organisation shall inform on that the bodies of Internal Affairs in the place of former residence of the foreigners which leave.  The bodies of Internal Affairs shall issue enclosure to the passport (Supplement 7).  When foreigners leave to places of the Republic of Kazakstan which are closed, the receiving organisation through the bodies of Internal Affairs shall formulate for them appropriate permissions - pass in accordance with the Order N 92 of the Ministry of Internal Affairs of the Republic of Kazakstan, dated April 4, 1994, paragraph 17.  The issue of entry to the closed districts shall be agreed by the bodies of Internal Affairs with the Committee for the National Security. 

The arrival of foreigners in a new place of work, training shall be formulated by the bodies of Internal Affairs on the basis of a written appeal of receiving organisation, on which the appropriate entry shall be made in the registration journal.  In the passport the stamp shall be affixed on the registration in the new place of sojourn.

35. The stamp on the registration shall be affixed in the place of the first appeal of the foreigner.

36. The period for allowed sojourn in the Republic of Kazakstan and the validity of the registration of passports by foreigners shall terminate as follows:

37. The receiving organisations shall communicate to the Main Department of Internal Affairs of the Ministry of Internal Affairs or Department of Internal Affairs on all the foreigners who did not return from abroad within one month after the termination of the leave, vacation in order to strike them off the register.  Besides, in accordance with the established procedure for the registration foreigners' passports, replaced during the period of stay, shall be submitted for the registration.

IV. Extension of the Period of the Sojourn of the Foreigners in the Republic of Kazakstan

38. The decisions to extend the period of foreigner’s sojourn in the Republic of Kazakstan shall be adopted by the bodies of Internal Affairs.  On the basis of adopted decision the foreigners shall be extended the period of validity of the exit visas they have and the registration of their passports.

39. The extension of the period of validity of exit visas shall be formulated by the bodies of Internal Affairs.

40. The extension of the period of validity of visas shall be formulated as a note in appropriate columns of the exit visa certified by the visa seal and the signature of the Head of the Department of the Passport and Visa Work of the Ministry of Internal Affairs, Main Department of Internal Affairs or Department of Internal Affairs or the municipal or district body of Internal Affairs or his Deputies.

41. The extension of the period of validity of passport registration of foreigners shall be carried out by way of affixing the stamp on extending the period of registration and shall be certified by the signature of the officer who formulated the extension.

42. The bodies of Internal Affairs shall formulate the extension of periods of validity of exit visas and the registration of passports of foreigners:

Aside from said appeals and applications to the bodies of Internal Affairs visas, passports and documents on the payment of the state duty and for services shall be submitted.

43. When extending the period of sojourn in the Republic of Kazakstan the foreigners who are in Kazakstan on private business whose periods of foreign entry and transit visas expired shall be explained the need to extend foreign entry and transit visas.  The foreigners who are in the Republic of Kazakstan for other purposes shall be communicated that through the representatives of the receiving organisations and permanent foreign representations. 

Considering petitions on the entry in the Republic of Kazakstan for permanent residence.

44. Foreigners who reside abroad and desire to enter to the Republic of Kazakstan for permanent residence shall submit applications on that issue to diplomatic representations, consular institutions of the Republic of Kazakstan. Those applications together with the forms completed by foreigners in two copies and statements of diplomatic representations or consular institutions of the Republic of Kazakstan on the essence of the petition of the applicant shall be submitted through the Ministry of Internal Affairs to the Department on Migration in the place of residence of the relatives (acquaintances) of the foreigner. 

Together with the listed documents other materials may be submitted to the Department on Migration, which pertain to the petition.  They must be written in the Kazakh or Russian language or have a translation. 

After the decision is taken the Department on Migration shall communicate it to the Ministry of Internal Affairs of the Republic of Kazakstan. 

On the basis of this decision the diplomatic representation of the Republic of Kazakstan abroad shall issue the entry visa.

45. Entry visas issued by the diplomatic representations or consular institutions of the Republic of Kazakstan abroad shall be the basis for the documentation of arrived foreigners by residence permits in accordance with the established sample.

V. Issue of Residence Permits in the Republic of Kazakstan

46. Residence permits in the Republic of Kazakstan shall be issued to foreign citizens by bodies of Internal Affairs on the basis of permissions for permanent residence.

47. The applications to be issued permits for permanent residence in the Republic of Kazakstan shall be submitted by temporarily staying in the Republic of Kazakstan foreign citizens directly to the bodies of Internal Affairs in the place of residence together with the written consent of the State of his nationality and Department on Migration. 

Foreign citizens, who entered in accordance with the migration quota, the residence permits shall be issued in accordance with the procedure stipulated in the Law of the Republic of Kazakstan «Concerning Immigration».

48. The residence permit in the Republic of Kazakstan to foreign citizens who reached sixteen years of age shall be issued by the bodies of Internal Affairs in the place of their permanent residence for a period of validity of foreign passport but not longer than for 5 years and those who reached 45 five years of age for the entire period of validity of the national passport.  The stateless persons shall be given the residence permits upon reaching 26 years and afterwards upon reaching 25 and 45 years.     Application on extending the period of validity of existing or an issuing a new residence permit must be submitted by foreign citizens to the bodies of Internal Affairs in the place of their residence not later than ten days prior to the expire of the period of validity of the residence permit, and in the case of its loss - immediately.

49. Foreign citizens who during the period of six months from the date of termination of the validity of foreign passports have failed to submit new or extended documents, the bodies of Internal Affairs shall be issue the residence permits in the Republic of Kazakstan for stateless persons.

50. The residence permit in the Republic of Kazakstan for stateless persons where its owner submits to the bodies of Internal Affairs the valid national passport shall be replaced by residence permit in the Republic of Kazakstan for a foreign citizen.

51. Foreign citizens who permanently reside in the Republic of Kazakstan shall be subject to registration in the place of permanent and temporary residence in the procedure stipulated for citizens of the Republic of Kazakstan.

52. The foreigners who are placed in medical institutions, houses of the disabled and elderly as well as those who serve punishments in the places of deprivation of freedom for the period of staying in said places shall be exempt from receiving, extending or replacing residence permits. 

In the cases of striking off from the medical institutions, the houses of disabled and elderly, the release from the places of deprivation of freedom the foreigners shall be obliged to obtain residence permits.

53. Not later than ten days prior to the expire of the period of residence permit validity the check shall be carried out whether the foreigner appeal to the bodies of Internal Affairs in the place of residence with the petition to be issued a new residence permit or to extend the validity of the existing residence permit.

54. In order to receive, extend, or replace residence permits the foreigners shall submit to the bodies of Internal Affairs the following:

Those foreign citizens who arrived from abroad during the first documentation shall submit the passport with the Kazakhstani visa for the entry to the Republic of Kazakstan.

55. The documents for the processing of residence permits shall be accepted with regard to foreigners as follows:

56. The residence permit to foreign citizens and stateless persons shall be issued in accordance with the Regulations «Concerning the Passport System of the Republic of Kazakstan».

57. In the event residence permit is lost the application shall be received by the bodies of Internal Affairs in the places of permanent residence of foreigner to issue a new residence permit to which the receipt confirming the payment of the state duty shall be attached for the issue of the residence permit in exchange for the lost one.  In the application the circumstances, the time and place of the loss must be stipulated.

58. The residence permits shall be subject to surrender to the bodies of Internal Affairs:

59. When registering foreigners who replaced residence permits or who received the documents instead of lost ones, the date of the registration shall be affixed which is stipulated in the primary documents.

VI. Movements of Foreigners in the Territory of the Republic of Kazakstan

60. Foreigners may freely move in the territory of the Republic of Kazakstan, which is open for the visits by foreign citizens provided they notify of the trip.

61. The foreigner who temporarily stays in the Republic of Kazakstan in the line of a receiving organisation shall notify administration of this organisation.  The foreigner who permanently resides in the Republic of Kazakstan or who arrives in the Republic of Kazakstan on private business and also in the line of the permanent foreign representations in the Republic of Kazakstan, shall notify the bodies of Internal Affairs. 

The notice shall be carried out in the form of a written application of a free format with the indication in it of the point of departure, the period and the address of sojourn in that point.  The body of Internal Affairs shall issue enclosure (Supplement 7), and in the case of visiting closed areas after agreeing with the bodies of the National Security - pass (Supplement 8). 

Upon arrival to the point of temporary departure the foreigner must register his sojourn in the body of Internal Affairs.  For that he shall appeal to the administration of receiving organisation or to the bodies of Internal Affairs.  The registration of temporary sojourn shall be carried out in accordance with the journal (Supplement 4) with the affixing in the trip certificate, enclosure or the pass of foreigner of the relevant stamp of the organisation of Internal Affairs.

62. Foreign citizens who follows on personal or service automobile transport as well as those who carry out international automobile conveyance shall freely move on the automobile roads in the territory which is open for visits of foreign citizens.  Their travel on automobile roads which run in the territories closed for the visits of foreigners shall be carried out in accordance with the permissions of the bodies of Internal Affairs.

63. The permissions on entry in the areas which are closed for foreign citizens visits, including in the personal or service automobile transport shall be issued by the bodies of Internal Affairs as follows:

64. Permissions (permits) for travel in the areas which are closed for foreign citizens who arrive in the Republic of Kazakstan in the line of receiving organisations and on private business shall be issued within twenty days after the moment of receiving written applications (in accordance with Decree of the Cabinet of Ministers N 645-25, dated August 12, 1992) with the indication of the periods of sojourn in those areas. 

In exceptional cases (death of relatives, heavy disease which is confirmed documentary) the permissions shall be issued immediately with subsequent informing of the bodies of National Security Committee.

65. Foreign citizens and stateless persons who permanently reside in the Republic of Kazakstan, when relocating for permanent residence to other areas, must receive permission from the bodies of Internal Affairs in the place of their residence. The body, which issued the permission on relocation,  shall subsequently notify of that the bodies of the National Security.

66. When relocating to permanent place of residence in closed areas the permission shall be issued after agreeing with the bodies of the National Security.

VII.  Issue of Visas to Foreign Citizens

67. Visas for the entry into Republic of Kazakstan (entry visas), entry into the Republic of Kazakstan and exit from the Republic of Kazakstan (entry-exit) to foreign citizens shall be formulated abroad by diplomatic representations or consular institutions of the Republic of Kazakstan and in the case where there are no such ones by the bodies specifically authorised thereto. 

The exit visas from the Republic of Kazakstan  (exit), visas for exit from the Republic of Kazakstan and entry into the Republic of Kazakstan (exit-entry) to foreign citizens shall be issued in the territory of the Republic of Kazakstan by the Ministry of Foreign Affairs, the Ministry of Internal Affairs of the Republic of Kazakstan, the province Departments of Internal Affairs. Pursuant to the decision of the Ministry of Internal Affairs of the Republic of Kazakstan this right may be granted to municipal and district bodies of Internal Affairs of the Republic of Kazakstan. 

The formulation of visas to foreign citizen and stateless persons shall be carried out in accordance with Instructions concerning the procedure for issuing visas of the Republic of Kazakstan (Supplement 22). 

The primary formulations of visas to foreign citizens and stateless persons shall be agreed with the bodies of the National Security.

VIII. The Procedure for Application of the Rules of Transit Travel of Foreigners through the Territory of the Republic of Kazakstan

68. The transit travel of foreigners through the territory of the Republic of Kazakstan to a country of destination by air, railway and sea transport shall be allowed provided they have the document which are valid for the entry to the state which is neighbouring with the Republic of Kazakstan, and they have the appropriate travel documents with confirmation in them of the date of exit from the correspondence points in the territory of the Republic of Kazakstan not later than 72 hours after the moment of arrival at the port,  station,  airport in the territory of the Republic of Kazakstan.

69. The foreigners who travel through the territory of the Republic of Kazakstan by transit shall follow to the border point of exit from Kazakstan along the established route and may have stops in the Republic of Kazakstan only in the points which are indicated in Kazakstani transit visas.

70. The foreigners who use transit trips for tourist purposes in the individual automobile or as members of a group on a bus shall be obliged to purchase automobile tours for entering into the Republic of Kazakstan and to have appropriate tourist visas with the indication of points of travel.

71. The citizens of the states with which the Republic of Kazakstan entered into agreements on the terms of mutual non-visas travel of citizens shall be allowed to enter Kazakstan without automobile tours for travelling in transit through the Republic of Kazakstan on personal automobile transport vehicles only in the cases where the period of their sojourn in the Republic of Kazakstan does not exceed 24 hours.  In any other cases they shall be obliged to have automobile tours.

72. Foreigners, who pass through the territory of the Republic of Kazakstan in transit in automobile transport vehicles, including those carrying out international automobile conveyance of freights, shall my stops for meals and rest only in the places, which are on route.

73. The foreigners who travel in the Republic of Kazakstan on railway including on the trains which pass in transit through the territory of Kazakstan shall have the right to get off at the station during the train's stops as indicated in current schedules of travel.

They shall not be allowed to leave the boundaries of a station and near the station square.

74. The foreigners who have transit visas with the indication of the stop in one or several points in the territory of the Republic of Kazakstan for a period in excess of 24 hours shall be obliged in each of those points to register their passports at the bodies of Internal Affairs and to leave Kazakstan not later than the period of staying defined in it.  The registration of passports such citizens shall be carried out by the bodies of Internal Affairs for the periods stipulated in the visas on the basis of written applications of foreigners and it shall be documented by way of affixing stamps (Supplement 3) in the passport. 

When handing to foreigners of passports and transit visas, the body of Internal Affairs shall communicate to them the deadline for their allowed sojourn and the date of departure from the Republic of Kazakstan, warns them on compliance with the established rules for the sojourn in the Republic of Kazakstan.

75. The foreigners who pass in transit and who make forced stops in the territory of the Republic of Kazakhstan for a period longer than 24 hours shall be obliged within the following 24 hours from the moment of the stop to register with the bodies of Internal Affairs a permission for the sojourn in Kazakhstan. The registration of a forced stop of foreigners in the territory of the Republic of Kazakhstan may be carried out in the following cases:

A forced stop gives foreigners the right to stay only within the limit of the city or any other populated area where it takes place for the period of eliminating the reasons which cause the forced stop.

76. Registration of foreigners who made forced stops and, where necessary, the extension of the period of their transit visas’ validity shall be formalised by the Main Department of Internal Affairs or a Department of Foreign Affairs. With the permission from the Ministry of Foreign Affairs, Main Department of Internal Affairs, a Department of Foreign Affairs in the cases where a forced stop takes place in places which are located at a significant distance from province centres the registration may be formulated by the municipal Department of Internal Affairs. 

In order to formalise a forced stop a foreigner shall be obliged to submit to the bodies of Internal Affairs the following documents:

77. The registration shall be carried out by way of affixing the stamp (Supplement N 3) in the national passport.

The period of validity of the registration shall be determined by the period, which is required to eliminate the causes and the reasons, which caused the forced stop. 

The registration of foreigners’ passports, which are in hospitals, shall be formalised after the foreigners are released. The registration of passports of their family members or the persons who accompany them shall be formalised within 24 hours from the moment of the forced stop for a period which is required for the treatment of a sick foreigner stipulated in the reference document from the medical institution.

78. Exit from the Republic of Kazakhstan of the foreigners who made forced stops in the territory of the Republic for a period not longer than 24 hours may be allowed without extension of the transit visa at the bodies of Internal Affairs.

79. The foreigners who wish to change their route of travel and the border outlet for exit from the Republic of Kazakhstan shall be obliged to obtain permission therefore from the bodies of Internal Affairs.

When foreigners appeal with this issue they shall submit to the Main Department of Internal Affairs, Department of Internal Affairs the passport, the Kazakhstani transit visa and the written application with the indication of the reasons which caused the need to change the route of travel and the control clearance outlet of exit as well as the route of intended travel and the control clearing point outlet of the exit.

IX. Holding Foreigners, Official Persons and Other Citizens Responsible for Violation of the Rules of Staying for Foreign Citizens in the Republic of Kazakhstan

80. In accordance with legislation of the Republic of Kazakhstan measures of administrative punishment, warning or a fine in an amount stipulated in legislation of the Republic of Kazakhstan may be applied to foreigners for the violation of the rules for the sojourn of foreign citizens in the Republic of Kazakhstan and, in particular, residing without documents giving the right to reside in the Republic or under invalid documents, a failure to comply with the established procedure for registration or travel and selection of the place of residence, evasion from exit upon expire of the period which is determined for them.  The foreigners who grossly violate the rules for the sojourn of foreign citizens in the Republic of Kazakhstan may be held criminally responsible.

81. The protocol by the workers of Internal Affairs bodies shall be compiled concerning administrative violation (Supplement N 10) with the detailed outline of the nature and circumstances of the violation with regard to foreigners who committed violation of the rules for the sojourn of foreign citizens in the Republic of Kazakhstan.  When entering information concerning passport, which certifies the identity of the violator, the following registration details shall be indicated: the number, the body of Internal Affairs, and the period of validity of the registration. 

In those cases where foreigners do not speak on the state language or the language of the international communication or his command of those languages is poor translators shall be hired in the mandatory procedure when the protocol is compiled.

82. In accordance with legislation of the Republic of Kazakhstan the foreigners who violate the rules for the sojourn as well as in the case where the reasons for further sojourn no longer exist, the period which is determined for their sojourn in the Republic of Kazakhstan may be reduced. 

The decision to reduce the period of sojourn in the Republic of Kazakhstan shall be adopted by the Head of Department (unit) of the Passports and Visas Work of the Ministry of Internal Affairs, the Main Department of the Ministry of Internal Affairs, a Department of Internal Affairs, by the Heads of the municipal and district bodies of Internal Affairs pursuant to written petitions adopted by organisations in whose lines the foreigners who are in Kazakhstan are or pursuant to their own initiative.

83. The written petitions on the termination of a period of sojourn in the Republic of Kazakhstan of foreigners and the acts associated with registration of their passports the administration of receiving organisations shall submit to the Main Department of Internal Affairs or to a Department of Internal Affairs not later than in 48  hours after the adoption of the order to dismiss from office or release from a training institution of foreigners.

84. Decisions to terminate the period of sojourn in the Republic of Kazakhstan of foreigners who came to Kazakhstan on private business or in line of permanent foreign representations in the Republic of Kazakhstan shall be adopted on the basis of presentations and reports of the workers of Internal Affairs or the bodies of the National Security. 

The basis for reducing a period of sojourn in the Republic of Kazakhstan of the foreigners who are staying in line of permanent foreign representations may also be the written petitions of those representations or Kazakhstani organisations to which those representations are accredited.

85. Decisions on terminating the period of sojourn of foreigners in the Republic of Kazakhstan in all cases shall be formalised by written ordinances of the Heads of subdivisions of the Passports and Visas Work of the Ministry of Internal Affairs, Main Department of Internal Affairs and Departments of Internal Affairs or by their Deputies.

86. The reduction of a period of sojourn in the Republic of Kazakhstan shall be carried out to foreigners for a period, which is indicated in the petitions of Kazakhstani receiving organisations.  This period for the persons who arrived in Kazakhstan on private business or in relation to foreign representations in the Republic shall be determined by the bodies of Internal Affairs subject to the time which is required to purchase tickets for the return travel and travelling to the control and clearance outlet.

87. The foreigners who have entry-exit visas which are valid for the exit from the Republic of Kazakhstan, the formalisation of the reduction of the period of their sojourn in the Republic of Kazakhstan shall be carried out by way of affixing the stamp (Supplement N 12) near to the stamp of the registration in the passport.

88. When handing passports, the foreigners (who arrive in the line of receiving organisations through the representatives of those organisations) shall be informed that the period of their sojourn in the Republic of Kazakhstan has been reduced and they shall be obliged within the established period to leave Kazakhstan and in the case of a failure to leave they shall be expelled from the Republic of Kazakhstan.  The latter warning shall apply only to the persons who violated legislation concerning the legal status of foreign citizens in the Republic of Kazakhstan.

89. In accordance with legislation of the Republic of Kazakhstan foreigners shall be subject to expulsion beyond the boundaries of Kazakhstan in the cases where their acts contradict the interests of the National security or protection of public order where it is necessary to protect the health and morals of the population; for the protection of the rights and legitimate interests of citizens of the Republic of Kazakhstan and other persons; where they grossly violate legislation concerning the legal status of foreign citizens in the Republic of Kazakhstan, customs legislation, currency legislation or any other Kazakhstani legislation.

90. Written petitions on expelling foreigners who arrived in the Republic of Kazakhstan in line of receiving organisations shall be initiated by those organisations directly by filing to Ministry of Internal Affairs, the Main Department of Internal Affairs or a Department of Internal Affairs immediately when there is a basis as stipulated in the legislation of the Republic of Kazakhstan. 

If there are bases stipulated in legislation of the Republic of Kazakhstan, the materials on expulsion of such citizens may be formalised by the bodies of Internal Affairs or the bodies of National Security on their own initiative.  In those cases as well as in the case of expelling from the Republic of Kazakhstan of the foreigners who permanently reside and stay in Kazakhstan on private business or in line of permanent foreign representations in the Republic of Kazakhstan the materials on expulsion shall be formalised and considered on the basis of proposals and reports of those bodies.

91. The decision to expel foreigners who engaged in intelligence activities, collection and spread of materials with biased, slanderous information, violate currency and customs legislation or commit any other acts which contradict the interests of ensuring the state security and in the cases where there is no basis for holding them criminally responsible shall be adopted by the KNB of the Republic of Kazakhstan with notification of the Ministry of Internal Affairs and Ministry of Foreign Affairs of the Republic of Kazakhstan on those decisions.

92. In the cases where foreigners with respect of whom the decisions are adopted concerning expulsion, evade  from leaving the Republic of Kazakhstan within the period defined by the bodies of Internal Affairs or hide from bodies of Internal Affairs shall be subject to detention with the procurator sanctions for the period which is required for their expulsion in a compulsory procedure (under convoy).

93. Detention and expelling of foreigners in a compulsory procedure (under convoy) shall be carried out pursuant to the resolution of the Ministry of Internal Affairs, Main Department of Internal Affairs, Department of Internal Affairs as sanctioned by the procurator of the Republic or province (in the city of Almaty - by the procurator of the city) in the place where the person to be expelled from the Republic of Kazakhstan resides.  Aside from that, the following documents must be submitted with regard to those persons who are subject to expulsion or transfer through the state boundary:

94. The foreigners with regard of whom criminal cases were instituted but the decision was taken to close them in relation to their possible expulsion from the Republic of Kazakhstan shall be subject to expulsion pursuant to the resolution passed by the investigative bodies which handled the criminal case.  In that case the resolution on the closure of the criminal case shall be the report on the expulsion from the Republic of Kazakhstan.  The guilty under the arrest shall be expelled from the Republic of Kazakhstan without procurators’ sanction.

95. The provisions which are contained in paragraphs 83-95 of these Instruction shall not apply to all the persons who are listed in subparagraph (a) of paragraph 17 of the Rules for the sojourn of foreign citizens in the Republic of Kazakhstan as well as the persons who are listed in paragraph 18 of the said Rules and who have privileges and immunities in accordance with legislation of the Republic of Kazakhstan and international treaties.

96. Expenditures on expulsion shall be incurred by the individuals themselves to be expelled or the organisations, which receive them or private persons and in exceptional cases by the bodies of Internal Affairs.

97. With the permission of the procurator who sanction the resolution on expulsion, the request shall be satisfied of the foreign embassies and consulates on the organisation of meetings of their representatives with detained foreigners to be expelled from the Republic under convoy.  Notices on permission of such meetings shall be received by the Ministry of Internal Affairs, Main Department of Internal Affairs, Departments of Internal Affairs, the Ministry of Foreign Affairs of the Republic of Kazakhstan.  The meeting shall be carried out with the participation of the procurator, a worker of the Ministry of Internal Affairs, of the Main Department of Internal Affairs, Department of Internal Affairs and an employee of the Ministry of Foreign Affairs of the Republic of Kazakhstan, and in the cases which are recognised as those under the authority of the Committee of the National Security, with the participation of their representative with the obligatory compilation of the record of the meeting.

98. When determining the dates of exit of the expelled  foreigners the following must be considered:

99. Family members of those to be expelled who are citizens of the Republic of Kazakhstan and who have desire to leave the Republic of Kazakhstan together with those to be expelled shall be explained that the issue of the exit from Kazakhstan may be solved by them in accordance with the procedure established by law.  The consideration of such issues may not affect the periods of expulsion of foreigners.

100. On the visas, which are issued to the foreigners to be expelled from the Republic of Kazakhstan, to foreigners who are in Kazakhstan temporarily entry shall be made “Expulsion”.

X. Applications of Foreigners on Loss of Passports and Exit Documents

101. With regard to a loss of the passport, invitation or a document substituting for that a foreigner must be appeal to the municipal district body of Internal Affairs with the application in which he shall outline in details when, where and under what circumstances the loss of the passport took place. 

On the basis of the foreigner’s application the municipal district body of Internal Affairs shall issue to him an extract (supplement N 13) of the established procedure.  On the basis of the issued reference document a foreigner shall receive in the representation of the state of his nationality a new passport (certificate) for return in which the body of Internal Affairs shall formulate a new exit visa. 

Persons who arrive under invitations of receiving organisation shall appeal to the bodies of Internal Affairs through those organisations.

XI. Personal Accounting for Foreigners in the Bodies  of Internal Affairs

General Issues

102. In accordance with their authority the bodies of Internal Affairs shall keep personal accounting for foreigners registered by them, on the basis whereof the supervision shall be carried out of compliance with the provisions of legislation of the Republic of Kazakhstan concerning legal status of foreign citizens, citizenship of the Republic of Kazakhstan and appropriate steps are decisions shall be taken.

103. Personal accounting for foreigners shall be carried out by Departments (divisions) of passports and visas work of the Ministry of Internal Affairs, Main Department of Internal Affairs, Departments of Internal Affairs of provinces and Departments of passports and visas work of municipal and district bodies of Internal Affairs. 

Personal accounting for foreigners in the Ministry of Internal Affairs, Main Department of Internal Affairs, Departments of Internal Affairs shall be carried out on the basis of the Republic, province and municipal alphabetic and reference and special purpose card index. 

The alphabetic and reference card indices shall be created on the basis of accounting cards (supplement N 16). 

Special purpose card indices shall be created from cards indicated in Supplement to these Instructions.

 Accounting for Foreigners at the Ministry of Internal Affairs of the Republic of Kazakhstan

104. On the basis of alphabetic and reference card indices the Ministry of Internal Affairs of the Republic of Kazakhstan shall keep accounts of permanently residing foreigners and foreigners used to reside, stateless  persons as well as political emigrants (Supplement N 16).

105. On the basis of special card index of the Ministry of Internal Affairs of the Republic of Kazakhstan which is created of the special purpose cards account shall be kept of foreigners, stateless persons who committed violations of the Rules for the sojourn in the Republic of Kazakhstan and holding them administratively and criminally responsible (Supplement N 18). 

Accounting of foreigners at the Main Department of Internal Affairs, Departments of Internal Affairs.

106. At the Main Department of Internal Affairs, Departments of Internal Affairs of provinces, towns, the following shall be accounted in the alphabetic and reference card indices:

107. At the Main Department of Internal Affairs, Departments of Internal Affairs of the provinces, towns special purpose card indices shall be kept:

When foreigners are struck off the register the cards from the special purpose cards set shall be taken away and destroyed.

108. The foreigners who reside in hotels and those who are registered with the hotels for a period under 30 days shall be accounted on the basis of numeric data submitted by the hotels to the Ministry of Internal Affairs, municipal district body of Internal Affairs once per quarter. 

Accounting for foreigners at the municipal and district bodies of Internal Affairs.

109. At Department for passports and visas service, passport subdivisions of municipal district bodies of Internal Affairs (divisions of militia) accounting shall be kept for foreigners who actually reside in the serviced territory. 

The supervision of the periods of sojourn shall be carried out on the basis of accounting cards (supplement N 16) and special purpose journals (supplement N 4). 

The persons who reside in the Republic of Kazakhstan permanently as well as those who arrive for a period in excess of one year shall be accounted for on the basis of the cards.  The persons who temporarily arrive for a period under one year shall be accounted for in the registration journal. 

A line inspectors of the militia for supervision of terms of sojourn of foreigners shall use said accounting techniques as well as keep accounting on the basis of lists for foreigners who permanently reside in the serviced territory and those who arrive for a period in excess of one year. 

Monthly the Ministry of Internal Affairs shall receive the following information:

Organisation of alphabetic and reference card indices.  The procedure for sending accounting cards and notices.

110. In alphabetic and reference card indices the accounting cards shall be put strictly in accordance with the alphabet.  For the persons who have identical surnames, cards shall be placed on the basis of the alphabet of their name; and those who have same names and same surnames - additionally on the alphabetic order of their patronymic names and where those are identical - on the basis of birth dates (from older to younger) and if the dates of birth coincide, then the alphabet shall be additionally build up on the basis of citizenship, place of birth, country where he was born. 

For persons who have several surnames, including the persons who change names, accounting cards shall be compiled for each surname.  In each card all columns must be filled in and all the names must be indicated, and with regard to those who change surnames - the old and the new surnames.

For instance, for the person who has surname of Shultz and he’s also Shmidt and he’s also Gaiman 3 cards must be there:

The surname, name, patronymic name of the foreigner shall be entered into accounting card the way they are indicated in national passports, witness document (telegrams) on invitation or on the stamp of the registration bodies of Internal Affairs.  Entries in accounting cards shall be made on a typewriter or with the use of ink accurately and clearly:  surname, name, patronymic name shall only be entered with block letters.  Introduction of entries in pencil and use of carbon paper shall be prohibited. 

Photographs shall be affixed to accounting cards of foreigners.

111. The Departments of Internal Affairs of the provinces, the Main Department of Internal Affairs of the city of Almaty for the persons who are accounted at the Ministry of Internal Affairs accounting cards shall be compiled (supplement N 16) in two copies one of which within 72 hours from the moment of formulation shall be sent to the Ministry of Internal Affairs, the second one shall be included into the cards amongst the cards of the Department of Internal Affairs, or Main Department of Internal Affairs. 

At the Ministry of Internal Affairs of the Republic of Kazakhstan the following accounting materials must be received:

When additional information is received or there are alterations of information which is subject to be recorded in accounts in the cards of the alphabetic and special purpose card indices of the Ministry of Internal Affairs appropriate entries shall be made.  Simultaneously with regard to the persons who are accounted for at the Ministry of Internal Affairs of the Republic of Kazakhstan notices shall be sent on amendments in accounting for foreigners (supplement N 11). Sending of notices shall be carried out in the same procedure as sending accounting cards of foreigners. 

Notices shall be sent as follows:

With regard to foreigners and stateless persons who are held administratively or criminally responsible as well as  those who are expelled from the Republic of Kazakhstan to the Departments of passport and visa work of the Ministry of Internal Affairs of the Republic of Kazakhstan in one copy as they accumulate but not later than the fifth day of each month the cards shall be sent (Supplement N 18). 

The basis for striking off foreigners of accounting.

112. Striking off foreigners of accounts of the bodies of Internal Affairs shall be carried out on the basis of the documents, which confirm their exit from the territory of the body of Internal Affairs.  The following are such documents:

In accounting cards of the foreigners who permanently reside in the Republic of Kazakhstan when striking off  the register the reasons for striking off the register must be recorded, and documents, which serve at the basis to make that entry, shall be attached to individual files.

113. For each foreigner who is convicted to be deprived of the freedom the Department of Internal Affairs, the Main Department of Internal Affairs where the convicted was registered must after the sentence enter into force send to the administration of the place of deprivation of freedom special notices (Supplement N 14).  In the case where a foreigner is convicted in the territory of services of other Departments of Internal Affairs, those bodies must communicate on his conviction and entering of the sentence into legal force to the Department of Internal Affairs where the convict is registered. 

When a foreigner is released from the under arrest administration of the place of deprivation of the freedom shall be obliged to send the indicated notice to the Departments of Internal Affairs to whose territory the released one is travelling, indicating in it the date of release and the number of reference document issued. 

On the persons who are repeatedly convicted in the places of deprivation of freedom, the administration of correction institutions must communicate to the Department of Internal Affairs which sent the notice and indicate when and under which Article and for what period the person indicated in the notice is sentenced again. 

With regard to foreigners who died in places of depravation of freedom notices with the copy certificate shall be sent to the Department of Internal Affairs where the convicted was registered.  In the same procedure the notices shall be sent on those who left abroad. 

The review of citizenship of persons who are kept in the places of deprivation of freedom shall be carried out by the Departments of passport and visa work (passport department) of the Department of Internal Affairs in the place of sojourn of the convict in accordance with the established procedure. 

With regard to the persons who serve terms, claiming  the belonging to a foreign state where in the personal files there are no documents to confirm the foreign citizenship, the administration of the places of deprivation of freedom must communicate to the Department of Internal Affairs in the place of permanent residence of the convict in order to review their citizenship.  Such review must be carried out prior to their release. 

The procedure for keeping personal and group files.  Periods for storing of archive files.  Supply of forms.

114. On each foreigner, permanently residing in the Republic of Kazakhstan as well as the stateless person at the subdivisions of passport and visa work of the Department of Internal Affairs where with  they are registered individual files shall be started to which all the materials concerning that person shall be attached.

Secret documents attached to the file as well as sets of individual documents must be obligatorily included into the list of documents, which are in the file.  In that case on the binder of the file the title shall be put “Classified” and an appropriate note shall be made on that in the book for accounting for personal files. 

Personal and group files of foreigners must be registered in the book for accounting for personal files (supplement N 14). 

The serial number in the book at the same time shall be serial number of the file, which is affixed on the binder and on the registration cards. 

Personal files on foreigners shall be kept in the premises, which provide for their safety. 

When files are sent to other bodies an appropriate note shall be made in the book of accounting for personal files and in the accounting cards.

115. With regard to foreigners who arrived into the Republic of Kazakhstan for temporary sojourn personal files shall not be opened.  All the letter exchange pertaining to such individuals shall be attached to the group files opened for certain categories of citizens. 

Group files may be based on the following features:

The group files shall be accounted for and stored in the same procedure as individual files.

116. In municipal and district bodies of Internal Affairs (departments of militia) individual files shall not be opened for foreigners.  All materials and documents concerning those persons shall be sent to the Departments of Internal Affairs to be attached to individual files. 

For letter exchange with the Department of Internal Affairs pertaining to foreigners in the municipal body of Internal Affairs (department of militia) special purpose files shall be opened with assigning the number based on the nomenclature of the files.

117.  Archive files for foreigners shall be kept as follows:

Accounting cards (Supplement N 16) of those persons shall be kept twice as the period for keeping personal files.

Group files shall be kept during one year after the departure from the Republic of Kazakhstan of the persons on whom they were based. 

Accounting cards on foreigners with regard to whom the materials were kept on the basis of group files shall be kept for 2 years. 

Accounting cards for foreigners who married Kazakhstani citizens and on all foreigners who died in the territory of the Republic of Kazakhstan shall be kept permanently.

118. The destruction of personal files of the foreigners shall be carried out in accordance with act compiled by specifically organised commission approved by the Head of the Department of Internal Affairs, the Main Department of Internal Affairs or their deputies. 

That commission shall obligatorily include a representative from the KNB.  

Acts on destruction of individual files shall be kept permanently.  In the accounting cards and in the books for accounting for personal files, there must be indicated when files were destroyed and where acts on destruction are kept.

119. The files in which there are foreign documents, documents on education, labour activity, service in the army, death, acts and documents which confirm sending or transfer of valuables which belong to the persons on whom those cases were started shall only be destroyed in exceptional cases on the basis of individual acts after their review by the appropriate department of Committee of the National Security.

120. The files, which represent historic value, shall be subject to transfer for storing to appropriate state archives and reference document shall be attached to them on the place of location of the persons for whom they were opened.

121. Blanks of applications, forms, accounting cards and other documents which are stipulated in these Instructions except for the forms of residence permits shall be manufactured by the Departments of Internal Affairs of the provinces.  Until new forms of applications are introduced as well as forms of accounting cards it shall be necessary to fully utilise all the existing reserves of similar blanks of the old program.

XII. Registration of Passports of Citizens of IS Countries who Temporarily Reside in the Republic of Kazakhstan and Accounting for them

122. The registration of passports of citizens of CIS countries who temporarily stay in the Republic of Kazakhstan shall be carried out by the bodies of Internal Affairs pursuant to verbal applications of citizens. Hotels shall carry out registration of tourist groups on the basis of lists from tourist organisation.  Passports of CIS citizens shall be registered by the municipal and district departments of Internal Affairs (militia unit) on the place of residence within 3 days after arrival, except for holidays and days off.

123. The registration of passports of the citizens of the CIS countries shall be carried out in accordance with Regulations concerning the passport system in the Republic of Kazakhstan. The registration shall be carried out by way of affixing  the appropriate stamp on a separate enclosure sheet (Supplement N 7). The entry and the seal shall be made clearly.  The registration shall be completed by the signature of the officer who formulated it.  The entry on registration shall be made in the journal of appropriate form, which must be numbered, bound, certified with the seal and signature of the Head of the municipal or district department.

XIII. The Supervision of the Bodies of Internal Affairs of Compliance of Foreigners with the Rules of their Staying in the Republic of Kazakhstan

The Principal Directions of Supervision

124. The supervision of compliance by foreigners with the rules of staying in the Republic of Kazakhstan, with the implementation of the requirements stipulated in those rules by Ministries, Departments, enterprises, institutions, educational establishments and other organisations, the official persons and citizens shall be carried out by the bodies of Internal Affairs in interaction with the bodies of the National Security as well as with enterprises, institutions and private persons who receive and service foreigners.  Organisation of this work in the municipal and district departments shall be delegated to the Heads of those bodies, in the Departments of Internal Affairs, in the Main Department of Internal Affairs appropriately to one of the Deputies of the Head of Department.

125. The Ministry of Internal Affairs, Department of Internal Affairs, Main Department of Internal Affairs and municipal and district bodies of Internal Affairs shall carry out supervision of providing by the administration of enterprises, organisations and educational establishments of conditions for the sojourn of foreigners in the Republic of Kazakhstan and they shall organise all the work in the following principal directions:

The review shall be carried out no less frequent than once per quarter in accordance with the established procedure. 

The results shall be reported to the Head of the body of Internal Affairs and they shall be communicated to the managers of appropriate institutions and organisations in order to eliminate the causes and conditions, which assist the violations.

126. Departments of Internal Affairs, Main Department of Internal Affairs and District Department of Internal Affairs shall be obliged to organise supervision that all the foreigners, who are in the territory which is serviced by them, comply with the duties which ensue from legislation of the Republic of Kazakstan on their legal status, have permission to stay in that place and passport registered in accordance with the established procedure with the bodies of Internal Affairs of the Republic of Kazakstan  hotels or the Ministry of Internal Affairs and its institutions, and the foreigners who permanently reside in the Republic of Kazakstan - valid residence permits.  Also the supervision shall be organised of compliance with the procedure for foreigners' travel, their timely departure abroad or extension of their sojourn in the Republic of Kazakstan.  On the whole, this work shall be a component of providing for the public order in the places where foreigners stay.

127. For the organisation of supervision the bodies of Internal Affairs shall be obliged to have information on the number and places where foreigners stay.  The municipal and district bodies of Internal Affairs must receive that information as follows:

128. The bodies of registration of civil acts shall send to the Department of Internal Affairs the following information:

129. For the purposes of providing for public order in places of sojourn and work of foreigners, their compliance with legislative provisions and the Rules for the sojourn of foreign citizens in the Republic of Kazakstan as well as for prevention of violation by foreigners and in respect of them, the bodies of municipal Internal Affairs shall:

130. The supervision of compliance by the foreigners, enterprises, organisations and educational establishments who receive them of the Rules for the sojourn in the Republic of Kazakstan shall be carried out by subdivisions of municipal and district Departments of Internal Affairs who have relation to the work with foreigners.  For the personnel of those subdivisions training should be organised within the system of service training to study legislative acts on the legal status of foreign citizens and the Rules for the sojourn of foreigners in the Republic of Kazakstan, departmental orders and instructions which regulate that work and with regard to training of workers of the bodies of Internal Affairs with regard to the forms and methods of immediate acts, when identifying violators amongst foreigners.

131. When performing the duties delegated to him, each worker of the body of Internal Affairs in their dealing with foreigners shall be obliged to show vigilance, to be tactful, reserved, correct and polite and must permanently remember about the high responsibility to execute the service duty. 

The principal obligations of subdivisions of the municipal and district bodies of Internal Affairs with regard to exercising the supervision.

132. The workers of operative service and investigative subdivisions shall:

133. The workers of the passport and visa departments:

134. One month prior to the expire of the period of validity of residence permits of foreigners who permanently reside in the Republic of Kazakstan, the workers of the passport and visa departments through line inspectors of militia shall be obliged to warn foreigners on the need to extend the period of their validity or to replace them.

Not less than five days prior to the expire of validity of residence permits, the workers of the passport and visa departments shall be obliged to check whether the residence permits are submitted for extension or replacement if it happens that they are not submitted they must notify the line inspector of militia in order to find out the reasons and to take steps so that in the remaining period the foreigners submit them to the municipal and district departments of internal affairs. 

If it is established during the check that the foreigner does not reside in the place of the permitted residence, then it shall be necessary to take steps to find him. 

If it is established that the foreigner can not arrive to the bodies of internal affairs because of heavy decease or because he is in a medical institution, then the line inspector of militia shall be obliged to communicate that to the Head of the body of internal affairs. 

The Heads of municipal and district bodies of internal affairs shall be obliged to report to the Department of internal affairs on the persons who in connection with their disease may not submit residence permits for extension or replacement within the established deadline. Residence permits and other materials shall be sent upon the recovery of those persons.

135. When registering foreigners, who arrived for temporary residence, the workers of the passport and visa service must notify line inspectors of militia on the deadline of the stay which is allowed to them in that area. 

Upon expire of three days after the termination of the period of validity of the registration the workers of the passport and visa department shall be obliged to check whether those persons left and if its established that they have not left to communicate that to the line inspector of militia in order to check in the place of their residence the reasons for their failure to leave within the established period, in order to call the violator to the municipal or district body of internal affairs (this requirement shall not apply to the sick) to clarify the reasons for violation of the rules for the sojourn of foreigners in the Republic of Kazakstan and taking appropriate steps. 

After appropriate measures are taken and the exit documents are formulated they together with the passport shall be handed to the owner who shall be warned on the need to cross the state frontier of the Republic of Kazakstan within the established deadlines.  The line inspector of militia shall be entrusted with the task to watch the departure of foreigner who is a violator from that populated area.

136. Supervision of the compliance of the foreigners with the rules for the sojourn of foreigners in the Republic of Kazakstan shall be carried out by the workers of the passport and visa departments, line inspectors of militia through the housing departments, passport specialists, those who formulate registration of citizens with the bodies of internal affairs.  Personal visits of apartments of foreigners shall be allowed only with the presence of another worker of the bodies of internal affairs, representative of the housing department, local administration, people’s guard or any other representative of the public.

137. Employees of other Departments of bodies of internal affairs within the bounds of their authority shall exercise supervision of the compliance with these Instructions.

138. Line inspectors of militia shall:

139. The workers of the State Automobile Inspectorate shall:

140. The workers of the bodies of internal affairs on the transport shall:

141. The patrolling units of militia shall be obliged as follows:

142. The persons on duty of the bodies of internal affairs shall:

143. In the units on duty of the bodies of internal affairs there must be the following documents concerning foreigners:

XIV. Search For Foreigners

144. The foreigners, who permanently reside in the Republic of Kazakstan, or those who arrived in the Republic for private affairs shall be subject to search by the bodies of internal affairs as follows:

145. Search for said categories of citizens shall be carried out by the apparatuses of the criminal investigation in accordance with instructions concerning organisation and tactics of search work of the bodies of internal affairs.

Preliminary search efforts for establishing the location of the foreigners who are being searched without beginning of search case shall be carried out by the apparatus of the passport and visas work of the municipal and district departments of the bodies of internal affairs, and at the following stages in the search the department of passport and visa work of Main Department of Internal Affairs, Departments of Internal Affairs shall participate.

Search for other categories of foreigners shall be carried out by the bodies of the National Security.  Those foreigners, suspected and accused, who hide from investigation, the bodies of inquiry and the court, as well as those who are missing, shall be searched in accordance with the procedure, established for search of appropriate category of citizens of Kazakhstan.

146. Upon establishing a location of a foreigner, who is in search, the workers of the apparatuses of passport and visa service:

147. The department of passport and visas work of the Main Department of Internal Affairs, the Department of Internal Affairs except for direct participation in search for foreigners shall:

Supplement N 1

Department of Internal Affairs ____________________________________________

from ______________________________________________________________

                        (citizenship, surname, name and patronymic name are indicated)

residing _____________________________________________________________

___________________________________________________________________

telephone ______________  home, ___________________________ office

APPLICATION - FORM

I request to be allowed ____________________________________________________

                                    (essence of the application, purpose of exit (entrance)

______________________________________________________________________

            (when exiting, indicate the country and city, duration of the trip,

______________________________________________________________________

            for how long the invited persons are intending to stay)

Information on children who are under 16 years of age, in respect of whom you petition or on persons being invited to the Republic of Kazakstan:

Surname, name

Degree of kinship, citizenship

Year and place of birth

Address of residence of the invited

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Place of work and position occupied at present:

Month and year of acceptance

Name of the enterprise, institution, firm and position occupied

 

Address of the enterprise

 

 

 

 

 

 

 

 

 

 

 

 

Information indicated in the form is reconciled with the workbook

Seal                                                                                                           “__” ____19

____________________________________________________________________

(signature, surname, name and patronymic name of the official person of the enterprise)

The information presented in the form reconciled with the national passport issued ______________________________________________________________________

            (name of the institution, which issued the national passport)

“___”___________ 19__ for the term including “___”_______ 19 __

Residence permit of series _____N _____ issued _______________________________

                                                               (indicate by whom it was issued)

I accepted ______________________________________________________________               (position, rank and surname, name and patronymic name of an employee who accepted documents)

“___” __________ 19 __                                            Signature ______________

Supplement N 2

(text of invitation is the Kazakh, Russian and English languages)

No ­­­­­­______

Invitation for Temporary Entry to the Republic of Kazakhstan

The inviting side: ______________________________________________________

______________________________________________________________________

(surname, name, patronymic name)

Date of birth: _____________________________________________________

Citizenship: ______________________________________________________

Address: _________________________________________________________

Invitee (s): _______________________________________________________

______________________________________________________________________

(surname, name, patronymic name)

Date of birth: _____________________________________________________

Degree of kinship: _________________________________________________

Citizenship: ______________________________________________________

Address: _________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Purpose of the trip: ________________________________________________

Period of the trip: __________________________________________________

Body, to confirm the fact of invitation

Signature of the official person

Signature of the inviting side

Seal                                                             « ____ » ____________ 199 ____

(To be returned to the body which formulated the invitation).

THE CONTROL CHECK TO THE INVITATION                       No________

To the Head ______________________________________________________

it is communicated that ___________________________________________________

______________________________________________________________________

(nationality, surname, name of the invitees)

_____________________________________________________________________

_____________________________________________________________________

entry is allowed from _____ to the Republic of Kazakhstan for ______ days.

Purpose of entry ___________________________________________________

Residence at the address ____________________________________________

It is necessary to ensure supervision of entry, compliance with the established rules for

sojourn and timely exit from the Republic of Kazakhstan.

Seal                         Head ______________________________________

                                                (name of the body, which formulated the invitation)

TERMS OF INVITATION  (in the Kazakh language).

TERMS OF INVITATION: the inviting party assume the obligations associated with the sojourn of relatives, acquaintance in the Republic of Kazakhstan: residence, meals, medical expenditures, registration of the person entering with the bodies of visas and permissions within 72 hours, timeliness of departure from the Republic of Kazakhstan.  Daring the period of sojourn in the Republic of Kazakhstan the invitee shall be prohibited to engage in labour activities and commercial activities, join the educational establishments of the Republic of Kazakhstan.  The invitation shall be valid during 1 year from the date of issue.

TERMS OF INVITATION (in the English language).

                                    ______________________________________________

                                                            notes of the body of internal affairs

Perused by the line inspector _________________________________________

« ____ » _____________ 199 ____

Information on arrival ______________________________________________

Information of departure ____________________________________________

                                                                        Head of the Main Department,

                                                                        of the district department of

                                                                        internal affairs

                                                                        ____________________________

                                                                        « ____ » _____________ 199 ___

Supplement N 3 to

Instructions N 286

Sample of Stamp for Registration of Passports of Foreign Citizens who Arrive to the Republic of Kazakhstan

 

Registration No _____ until « ____ » _____________ 199 ___

__________________________________________________

(the body which formulate registration)

__________________________________________________

(surname according to the passport)

« ____ » _____________ 199 ____   ____________________

                                                             (signature)

 

 

Registration No 000 until 10th of August 1994.

OP and BP of Department of internal affairs of North-Kazakhstan province

Nahosty Morta zavy Shakhram  

 (surname according the passport)

the 10th of July, 1994.   Serykbayeva

 

Size of the stamp: 25 x 70 mm

Supplement N 4 to

Instructions N 286

(p. N 25)

Form of the Journal for Registration of Passports of Foreign Citizens by the Bodies of Internal Affairs

N

Surname, name, patronymic name

 

Date of birth

 

N of passport, citizenship

N of visa and its validity period

Clearance point and the date of crossing the boundary

Date

of

registration

For which period registration is allowed

Purpose

of

sojourn

Reside at the following address

Notes