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Organization of travel / Rules for foreigh nationals

 

Rules for foreign nationals’ entry in

and departure from the Republic of Kazakhstan

 

1. General

 

1. These Rules are developed according to the Constitution of the Republic of Kazakhstan, Law of the Republic of Kazakhstan on Migration, Presidential Decree in the force of law on the Legal Status of Foreign Nationals in the Republic of Kazakhstan dated 19 June 1995, No 2337, and set the procedures for:

1) foreign nationals’ entry in and departure from the Republic of Kazakhstan;

2) executing documents for foreign nationals’ temporary and permanent residence in the Republic of Kazakhstan;

3) foreign nationals’ movement and transit in the Republic of Kazakhstan;

4) foreign nationals’ visit extension or reduction, and expulsion.

2. These Rules also cover persons without citizenship unless otherwise is set in the legislative acts of the Republic of Kazakhstan.

3. Accepting organizations and individuals who invited foreign nationals to the Republic of Kazakhstan for private business shall ensure that their rights and responsibilities provided for in the legislation of the Republic of Kazakhstan and these Rules are explained on the timely basis; legal rules for foreigners observed; and shall bear legal responsibility for timely execution of documents entitling foreigners to visit and move across or leave the Republic of Kazakhstan when the visit expires.

The compliance with these Rules by foreign nationals, persons with no citizenship, and Kazakh officials and nationals shall be controlled by interior bodies in cooperation with national security authorities.

 

2. Entry and Departure

      4. Foreign nationals shall enter in and leave the Republic of Kazakhstan through border pass points open for international and passenger communication by presenting passports or substituting documents (hereinafter referred to as passports), provided they have a Kazakh visa, unless otherwise is provided for in the international treaties ratified by the Republic of Kazakhstan.

A visa should expire at least 6 months prior to the expiration of a foreign national’s passport.

5. Entry and entry/exit visas shall be issued by the Ministry of Internal Affairs of the Republic of Kazakhstan, foreign institutions and consulate points of the Ministry of Foreign Affairs of the Republic of Kazakhstan, or in case they are absent – by specially authorized representatives of the Republic of Kazakhstan.

6. Exit and exit/entry visas shall be issued by the Ministry of Internal Affairs of the Republic of Kazakhstan and its authorized territorial units.

These organizations shall issue exit and exit/entry visas to those foreign nationals whose passports are registered in the Ministry of Internal Affairs of the Republic of Kazakhstan and its representative offices.

7. Based on the requests of accepting organizations, multiple entry and exit visas can be issued to foreign nationals

8. Visas shall be issued or extended on the basis of:

1) written applications executed according to the legally set procedures from international organizations, foreign representative offices and Kazakh government agencies;

2) a permit issued by interior bodies to foreign nationals entering in the Republic of Kazakhstan privately, as tourists or on business based on the invitation from non-governmental organizations or for permanent residence, as well as foreign nationals constantly living in the Republic of Kazakhstan.

2-1) written applications executed according to the legally set procedures from legal or individual persons inviting foreign nationals to the Republic of Kazakhstan according to the procedures set by the Ministry of Foreign Affaires as agreed with the Ministry of Internal Affairs and Committee of National Security of the Republic of Kazakhstan.

9. The entry visa basis should correspond with the purpose of foreign nationals visiting the Republic of Kazakhstan. Foreign nationals arriving in the Republic of Kazakhstan by invitation from their relatives or friends, i.e. privately, and those arriving for business training or as tourists can not be employed in the Republic of Kazakhstan or carry out any other activities than those mentioned in visa unless otherwise envisaged in the legislative acts of the Republic of Kazakhstan.

It is prohibited to hire/import foreign workforce without license. Foreigners visiting the Republic of Kazakhstan on the temporary basis cannot carry out any labor activities without appropriate permissions.

A work entry visa shall only be issued by foreign institutions of the Ministry of Foreign Affairs of the Republic of Kazakhstan or in case they are absent – by specially authorized representatives of the Republic of Kazakhstan.

10. Visa categories and types and visa issuance, shortening or extending procedures shall be determined by the Ministry of Foreign Affairs and Ministry of Internal Affairs and agreed with the Committee of National Security of the Republic of Kazakhstan.

11. Foreign nationals can be prohibited to enter in or leave the Republic of Kazakhstan on the basis set inset in the legislative acts of the Republic of Kazakhstan.

11-1. Each foreign national entering in the Republic of Kazakhstan of 16 or older shall be issued a migration card.

Migration cards shall be returned when leaving the Republic of Kazakhstan.

Migration cards shall not be issued to:

persons with diplomatic, official or investor visas;

air, sea or river crew members;

railway train crew members, including refrigerator and locomotive crew members and persons accompanying railway cargos;

transit train passengers; and

international truck drivers.

The rules for issuing migration cards shall be set by those agencies that are authorized by the Government of the Republic of Kazakhstan.

 

3. Registration of Visiting Foreign Nationals

12. Foreign nationals visiting the Republic of Kazakhstan must have passports registered under procedures set in these Rules and present them at the request of authorized government bodies.

A foreign national shall immediately inform the loss of passport to an interior agency. At request from the foreigner, the agency shall issue a document certifying the loss.

13. Foreign nationals visiting the Republic of Kazakhstan must register within five calendar days from the date of crossing the Kazakh border at the place of their permanent or temporary residence. The registration shall be based on ID documents.

14. The procedure for registering the passports of foreign nationals in the Republic of Kazakhstan shall be set by the Ministry of Foreign Affairs and Ministry of Internal Affairs and agreed with the Committee of National Security of the Republic of Kazakhstan.

15. Registration shall be executed for a period that does not exceed the term of the foreigner’s national passport and visa.

Foreigners arriving from the countries with whom the Republic of Kazakhstan signed international treaties on non-visa entry and stay shall be registered for no more than ninety days that can be extended for other ninety days.

Those foreign nationals who have the permission to be hired as foreign workforce shall be registered for the period of this permission.

Those foreign nationals who study in Kazakh educational institutions shall be registered for one academic year.

Foreign nationals can be freed from passport registration according to the legislative acts of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

16. The Ministry of Foreign Affairs of the Republic of Kazakhstan and its representative offices shall register:

1) heads of foreign diplomatic representative offices and consulates; diplomatic personnel members; consulate officials; diplomatic and consulate administrative and service personnel; military attaché’s office and trade mission employees and their family members; if guests live in these offices and institutions;

2) employees of the Ministries of Foreign Affairs of foreign countries who arrived in the Republic of Kazakhstan on business and have diplomatic or official passports, and their family members;

3) business visitors such as international organization officials or representative office employees; and employees of the country offices of those international organizations who have their headquarters in the Republic of Kazakhstan and who use diplomatic privileges and immunities according to international treaties; and their family members

4) heads or other managers of foreign investor organizations to who Ministry of Foreign Affairs of the Republic of Kazakhstan issues appropriate visas;

5) persons invited by the Ministry of Foreign Affairs of the Republic of Kazakhstan.

17. Interior government agencies shall register the passports of those foreign nationals who are not mentioned in par 15, 5) and par 16 hereof.

Based on agreement with interior authorities, foreign national passports can be registered through the foreign institutions of the Ministry of Foreign Affairs of the Republic of Kazakhstan, Kazakh border pass points or qualified hotels.

The information on foreign national passports can be registered through the foreign institutions of the Ministry of Foreign Affairs of the Republic of Kazakhstan, Kazakh border pass points or qualified hotels shall be provided to interior authorities within 5 days from the date of registration.

 

3-1. Recording Missionary Foreign Nationals

17-1. Foreign nationals engaged in preaching and/or disseminating a religion through religious educational activities (hereinafter referred to as missionary activities) shall be recorded by local executive authorities.

17-2. To be recorded, foreign nationals shall provide the following documents and materials within three days from the date of passport registration:

1) an application including the religious identity, territory and term of missionary activities;

2) a copy of a power of attorney or another document issued by a religious organization entitling to carry out missionary activities;

3) a copy of a registration certificate or another document certifying that the organization represented by a missionary is officially registered according to the legislation of his/her country;

4) invitation of a religious organization registered in the Republic of Kazakhstan;

5) literature, audio and video materials and/or other subjects of religious purpose designed for missionary activities.

Along with these documents, the applicant shall present his/her duly registered passport.

17-3. Missionary foreign nationals shall be recorded by local executive authorities within no more than 7 days from the date of submission of the documents.

 

 


4. Permanent Residence Entitling Documents

18. Permanent residents are those foreign nationals who were issued appropriate permission and residence permits.

19. Foreign nationals living in the Republic of Kazakhstan on other legal bases are temporary residents. Temporary residents may apply for permanent residence.

20. The procedures for providing permanent residence shall be set by the Ministry of Internal Affairs and Agency for Migration and Demography and agreed with the Committee of National Security of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan.

21. Permanent residence documents are: residence permit for a foreign national, and non-national certificate for a person without any nationality.

22. Foreign nationals shall file permanent residence applications to authorities according to par 20 hereof.

Foreign nationals shall file residence extension or issuance applications to interior authorities domiciliary at least 2 months prior to the expiration of residence documents, or within 3 days in case these documents are lost.

23. A foreigner or non-national may be refused a permanent residence permit based on the legislative acts of the Republic of Kazakhstan.

Such refusal can be disputed according to the procedures set in the Kazakh law.

24. Interior authorities shall issue non-national certificates to those foreign nationals who failed to present new or extended documents within 6 months from the date of expiration of their passports.

A non-national certificate shall be replaced with a residence permit, if its owner presents his/her real passport to interior authorities.

25. Foreign nationals permanently living in the Republic of Kazakhstan shall be registered at the place of permanent and temporary residence according to the procedures envisaged for Kazakh nationals

 

5. Movement, transit and residence selection

26. Foreign nationals may freely move in those parts of the Republic of Kazakhstan that are open for foreign visitors and choose place of residence according to the procedures set in the legislation of the Republic of Kazakhstan. Any limitations in movement and residence selection shall be set in the laws and regulations of the Ministry of Internal Affairs or Committee of National Security of the Republic of Kazakhstan when this is necessary for national security, public order, health and morality, and for protection of rights and legal interests of Kazakh national and other persons.

27. The procedures for foreign nationals to move or enter in areas of the Republic of Kazakhstan closed for foreign nationals shall be set by the Ministry of Foreign Affairs and Ministry of Internal Affairs of the Republic of Kazakhstan and agreed with the Committee of National Security of the Republic of Kazakhstan.

28. To transit the Republic of Kazakhstan, Kazakh transit visas shall be executed.

29. A foreign national may transit the Republic of Kazakhstan during no more than 5 days provided that he/she has third country entry documents/visa.

30. Foreigners crossing the Republic of Kazakhstan by transit to enter in countries with whom their country signed a non-visa agreement must have a Kazakh transit visa.

31. Foreigners crossing the Republic of Kazakhstan by transit on vehicles including international cargo motor vehicles shall only use those roads that are open for international automobile communication.

32. The procedures for foreign nationals transiting the Republic of Kazakhstan shall be set by the Ministry of Foreign Affairs and Ministry of Internal Affairs and agreed with the Committee of National Security of the Republic of Kazakhstan.

 

6. Liability for Incompliance. Shortening of visit and expulsion

33. Any incompliance with these Rules shall entail liability envisaged by law.

34. Foreign nationals shall be shortened in their visit or expulsed from the Republic of Kazakhstan according to the grounds envisaged in the legislation of the Republic of Kazakhstan.

35. Decision on shortening a visit shall be made by interior authorities or national security authorities according to the legislation of the Republic of Kazakhstan.

36. Decision on expulsion shall be made by court. Foreign nationals may be detained for a period that is necessary to organize the expulsion. They should be kept in the special institutions of interior authorities.

Expulsion costs shall be paid by foreign nationals to be expulsed or organizations or individuals who invited a foreigner to the Republic of Kazakhstan, or – in exceptional cases - by interior authorities.

According to the international treaties ratified by the Republic of Kazakhstan, the carrier who brought persons without the right to entry shall be responsible for their departure.

37. A foreign national may dispute an expulsion or visit-shortening decision according the procedures legally set.

38. The liability for incompliance with these Rules by foreign nationals using privileges and immunities according to the legislation of the Republic of Kazakhstan and international treaties of the Republic of Kazakhstan, as well as shortening their visit in the Republic of Kazakhstan shall be decided through diplomatic channels.

 

7. International Treaties

39. If the international treaties of the Republic of Kazakhstan set other rules than those herein, such international treaties shall be applied.

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