ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2020 No. 275

About introduction of amendments to the order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 4, 2015 No. 992 "About approval of Rules of issue to foreigners and stateless persons of permission to temporary and permanent residence in the Republic of Kazakhstan" and introduction of amendments to some orders of the Minister of Internal Affairs of the Republic of Kazakhstan

I ORDER:

1. Bring in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 4, 2015 No. 992 "About approval of Rules of issue to foreigners and stateless persons of permission to temporary and permanent residence in the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 12880, it is published on February 18, 2016 in the Kazakhstanskaya Pravda newspaper No. 32 (28158) the following changes:

State preamble in the following edition:

"According to the subitem 10) of article 9 of the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:";

The rules of issue to foreigners and stateless persons of permission to temporary and permanent residence in the Republic of Kazakhstan approved by the specified order to be reworded as follows according to appendix 1 to this order.

2. Approve the list of some orders of the Minister of Internal Affairs of the Republic of Kazakhstan to which changes according to appendix 2 to this order are made.

3. Declare invalid the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of April 6, 2015 No. 303 "About approval of the standard of the state service "Registration of the Foreigners and Stateless Persons Who Are Temporarily Staying in the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 11106).

4. To provide to committee of migratory service of the Ministry of Internal Affairs of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

5. To impose control of execution of this order on the supervising deputy minister of internal affairs of the Republic of Kazakhstan and the Committee of migratory service (Kabdenov M. T.) Ministries of Internal Affairs of the Republic of Kazakhstan.

6. This order becomes effective after ten calendar days after day of its first official publication.

Appendix

to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 31, 2020 No. 275

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 4, 2015 No. 992

Rules of issue to foreigners and stateless persons of permission to temporary and permanent residence in the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of issue to foreigners and stateless persons of permission to temporary and permanent residence in the Republic of Kazakhstan (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" (further - the Law) and determines procedure for issue to foreigners and stateless persons of permission to temporary and permanent residence in the Republic of Kazakhstan and its cancellations.

2. In these rules the following concepts are used:

1) the stateless person - the person who is not the citizen of the Republic of Kazakhstan and not having the proof of the belonging to nationality of other state;

2) the former compatriot - the person who was born or earlier consisting in nationality of the Kazakh Soviet Socialist Republic or the Republic of Kazakhstan and constantly living abroad;

3) close relatives are parents (parent), children, adoptive parents (adopters), the adopted (adopted), full and not full brothers and sisters, the grandfather, the grandmother, grandsons;

4) the travel document - the foreign passport or other document granting the right to the foreigner or the stateless person on crossing of Frontier of the Republic of Kazakhstan, issued by the state or the international organization recognized by the Republic of Kazakhstan;

5) foreign institutions of the Republic of Kazakhstan (further - foreign institutions of the Republic of Kazakhstan) - the diplomatic and equated to them representations being located abroad, and also consular establishments of the Republic of Kazakhstan;

6) the entry visa and departure (further - the visa) - mark of representatives on that state bodies of the Republic of Kazakhstan in the passport of the migrant or the document replacing it or mark of representatives on that state bodies of the Republic of Kazakhstan in information system which grants the right to entrance to the territory of the Republic of Kazakhstan, driving through its territory, stay on it and departure from the territory of the Republic of Kazakhstan for a while, for the purpose of and on the conditions established in the visa;

7) immigration - entry of foreigners or stateless persons into the Republic of Kazakhstan for temporary or permanent residence;

8) the immigrant - the foreigner or the stateless person which arrived to the Republic of Kazakhstan for temporary or permanent residence;

9) the accepting person - the citizens of the Republic of Kazakhstan, the foreigner and the person without citizenship who are constantly living in the Republic of Kazakhstan, or the legal entity registered in the Republic of Kazakhstan petitioning for the invitation of immigrants to the Republic of Kazakhstan for temporary residence and (or) providing the place for their accommodation;

10) internal transfer - temporary for the term defined by the employment contract, but no more than three years, with the prolongation right for one year transfer of the foreigner or stateless person performing labor activity to positions of the head, manager or specialist in the legal entity founded in the territory of the member country of the World Trade Organization, who is and acting outside the territory of the Republic of Kazakhstan in branches, the affiliated organizations, representations of this legal entity founded in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan;

11) the oralman - the ethnic Kazakh who was constantly living at the time of sovereignty acquisition by the Republic of Kazakhstan beyond its limits, and his children of the Kazakh nationality who were born and constantly living after sovereignty acquisition by the Republic of Kazakhstan beyond its limits, arrived (arrived) to the Republic of Kazakhstan for the purpose of permanent residence on the historical homeland and received (received) the corresponding status established by the Law;

12) permission to permanent residence - the document issued by law-enforcement bodies to immigrants in case of observance of the requirements established by the legislation of the Republic of Kazakhstan, and granting them the right to permanent residence in the territory of the Republic of Kazakhstan;

13) permission to temporary residence - the document issued by law-enforcement bodies to immigrants, in case of observance of the requirements established by the legislation of the Republic of Kazakhstan, and granting them residence right for certain term in the territory of the Republic of Kazakhstan depending on the stay purpose;

14) the foreigner - person who is not the citizen of the Republic of Kazakhstan the having proof of the belonging to nationality of other state;

15) the ethnic Kazakh - the foreigner or the person without citizenship of the Kazakh nationality who is constantly living abroad;

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