JOINT ORDER OF THE MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of September 1, 2020 No. 11-1-4/245, 1 of September, 2020 No. 611

About modification and amendments in the joint order of the acting minister of foreign affairs of the Republic of Kazakhstan of November 24, 2016 No. 11-1-2/555 and the Minister of Internal Affairs of the Republic of Kazakhstan of November 28, 2016 No. 1100 "About approval of Rules of execution of invitations, approvals of invitations to entry of foreigners and stateless persons into the Republic of Kazakhstan, issues, cancellations, recoveries of visas of the Republic of Kazakhstan, and also prolongation and reducing terms of their action"

WE ORDER:

1. Bring in the joint order of the acting minister of foreign affairs of the Republic of Kazakhstan of November 24, 2016 No. 11-1-2/555 and the Minister of Internal Affairs of the Republic of Kazakhstan of November 28, 2016 No. 1100 "About approval of Rules of execution of invitations, approvals of invitations to entry of foreigners and stateless persons into the Republic of Kazakhstan, issues, cancellations, recoveries of visas of the Republic of Kazakhstan, and also prolongation and reducing terms of their action" (it is registered in the Register of state registration of regulatory legal acts for No. 14531, it is published on December 30, 2016 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes and amendments:

to state preamble of the order in the following edition:

"According to subitem 1-1) of article 10 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" we ORDER:";

in Rules of execution of invitations, approvals of invitations to entry of foreigners and stateless persons into the Republic of Kazakhstan, issues, cancellations, recoveries of visas of the Republic of Kazakhstan, and also prolongation and reducing the terms of their action (further - Rules) approved by the specified order:

state Item 1 in the following edition:

"1. These rules of execution of invitations, approvals of invitations to entry of foreigners and stateless persons into the Republic of Kazakhstan, issues, cancellations, recoveries of visas of the Republic of Kazakhstan, and also prolongation and reducing terms of their action (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" (further - the Law on migration), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further - the Law on the state services) and determine procedure for execution of invitations, approvals of invitations to entrance of foreigners and stateless persons (further - receivers of visas) to the Republic of Kazakhstan, issues, cancellations, recoveries of visas of the Republic of Kazakhstan, prolongation and reducing terms of their action, and also procedure for rendering the state services "Acceptance and Approval of Invitations of the Accepting Persons on Issue of Visas of the Republic of Kazakhstan", "Issue, prolongation of entry visas to the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan "and" issue, recovery or prolongation in the territory of the Republic of Kazakhstan to foreigners and stateless persons of visas on the right of departure from the Republic of Kazakhstan and entry into the Republic of Kazakhstan ".";

in Item 3:

8) to state the subitem in the following edition:

"8) 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;";

11) to state the subitem in the following edition:

"11) territorial authorities of police (further - the Ministry of Internal Affairs of RK) - divisions of migratory service of Departments of police of areas, cities of republican value, the capital and on transport;";

state item 4 in the following edition:

"4. Category, the receiver, frequency rate, visa effective period, the stay period in the territory of the Republic of Kazakhstan, the bases and necessary documents for issue of visas are determined according to appendix 1 to these rules (further - form 1).";

add Item 6 with part three of the following content:

"Filling of the visa in electronic format (further - the electronic visa) is performed by means of VMP.";

add with Item 8-1 of the following content:

"8-1. The Ministry of Internal Affairs of RK, the MFA of RK and foreign institution of RK (further - the service provider) provide entering of data into information system of monitoring of rendering the state services on stage of rendering the state service according to the subitem 11) of Item 2 of article 5 of the Law on the state services.

Uslugopoluchatelyami of the state services "Acceptance and Approval of Invitations of the Accepting Persons on Issue of Visas of the Republic of Kazakhstan", "Issue, Recovery or Prolongation in the territory of the Republic of Kazakhstan to Foreigners and Stateless Persons of Visas on the Right of Departure from the Republic of Kazakhstan and Entry into the Republic of Kazakhstan" are physical persons or legal entities, uslugopoluchatel of the state service "Issue, Prolongation of Entry Visas to the Republic of Kazakhstan and Transit through the Territory of the Republic of Kazakhstan" are physical persons (further - uslugopoluchatel).";

state Item 11 in the following edition:

"11. The inviting party for execution of the invitation represents to the Ministry of Internal Affairs of RK or through non-commercial joint-stock company "The Government for Citizens state corporation (further - the State corporation) in the place of the registration the petition and the following documents necessary for rendering the state service "Acceptance and Approval of Invitations of the Accepting Persons on Issue of Visas of the Republic of Kazakhstan":

1) for execution of the invitation to entry into the Republic of Kazakhstan on private affairs:

the identity document (for reconciliation);

the table completed in duplicate in form according to appendix 3 to these rules;

the document confirming payment of the state fee in case of the appeal to the State corporation (in case of payment of the state fee through payment gateway of "the electronic government" (further - PShEP) provision of this document is not required).

2) for execution of the invitation of the legal entity or the individual entrepreneur:

the table completed in duplicate in form according to appendix 3 to these rules;

the document confirming payment of the state fee in case of the appeal to the State corporation (in case of payment of the state fee through PShEP provision of this document is not required).

According to article 5 of the Law on the state services, when rendering the state services reclamation from uslugopoluchatel of documents and data which can be received from information systems, notarially attested copies of documents which originals are provided for reconciliation to the service provider, the State corporation, except as specified, stipulated by the legislation the Republic of Kazakhstan, regulating questions of pension and social security is not allowed.

the document confirming powers of the representative.

In case of the appeal of uslugopoluchatel to the State corporation of the data on identity documents, data on state registration of the legal entity or the individual entrepreneur, the document confirming payment by uslugopoluchatel in the budget of the amount of the state fee for rendering the state service "Acceptance and Approval of Invitations of the Accepting Persons on Issue of Visas of the Republic of Kazakhstan" (in case of payment through PShEP) and other necessary data, the employee of the State corporation receives from the corresponding state information systems through lock of "the electronic government".

The employee of the State corporation when rendering the state service receives the written consent of uslugopoluchatel to use of the data which are the secret protected by the law, containing in information systems if other is not provided by the laws of the Republic of Kazakhstan.

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the standard of the state service "Acceptance and Approval of Invitations of the Accepting Persons on Issue of Visas of the Republic of Kazakhstan" according to appendix 3-1 to these rules.

By means of VMP it is necessary for uslugopoluchatel for execution of the invitation:

1) to be registered on VMP;

2) to fill in adjusting data on the foreigner with indication of the place of temporary residence;

3) to pay the state fee through PShEP for rendering the state service "Acceptance and Approval of Invitations of the Accepting Persons on Issue of Visas of the Republic of Kazakhstan".";

7) of Item 12 to exclude the subitem;

add with Item 12-1 of the following content:

"12-1. In case of documents acceptance through the State corporation the receipt on acceptance of the relevant documents is issued to uslugopoluchatel.

Day of reception of applications and documents does not enter rendering the state service in time.

The most allowed time of expectation for delivery of documents to the service provider - 30 minutes, in the State corporation - 15 minutes.

The most allowed time of servicing of uslugopoluchatel at the service provider and in the State corporation - 20 minutes.

In case of representation by uslugopoluchatel of incomplete document package of the standard of the state service "Acceptance and Approval of Invitations of the Accepting Persons on Issue of Visas of the Republic of Kazakhstan" provided in Item 8 according to appendix 3-1, and (or) documents with the expired effective period, the employee of the State corporation or the authorized police officer of RK refuses reception of an application and issues the receipt on refusal in documents acceptance on execution of the invitation to entry into the Republic of Kazakhstan in form, according to appendix 4-1 to these rules.

In case of representation by uslugopoluchatel of complete document package the employee of the State corporation or the authorized police officer of RK accept documents of uslugopoluchatel and issue the receipt on acceptance of the relevant documents.";

state Item 13 in the following edition:

"13. By consideration of the petition in the Ministry of Internal Affairs RK is checked:

1) compliance of the submitted documents of required purpose of visit, frequency rate, to effective period and the place of issue of visa. The place of issue of visa, except for participants and bodies of MFTsA, workers of participants "Astana the Hub" or workers "Astana the Hub", is determined according to the consular district of the receiver of the visa which the country of civil accessory, or in the presence of one of the following conditions treats:

permissions to the permanent residence in adoptive state;

permissions to long stay on the business or investor purposes, implementation of labor activity, education, treatment passing.

The MFA of RK represents to the Ministry of Internal Affairs of RK the list of foreign institutions of the Republic of Kazakhstan with indication of the consular districts serviced by them.

Activities of participants and bodies of MFTsA are regulated by the Constitutional law of the Republic of Kazakhstan of December 7, 2015 "About the International financial center "Astana".

Activities of participants "Astana the Hub" are regulated by article 13-1 of the Law of the Republic of Kazakhstan of November 24, 2015 "About informatization".

2) availability of the bases for refusal to the foreigner in entry into the Republic of Kazakhstan according to subitems 7) and 10) article 22 of the Law of the Republic of Kazakhstan "About legal status of foreigners";

3) availability of the bases for refusal in rendering the state service, stipulated in Item 15 these rules.

In case of lack of the bases for refusal the authorized police officer of RK sends the arrived documents of uslugopoluchatel for approval in Committee of homeland security of the Republic of Kazakhstan (further - KNB RK).

KNB RK provides approval of the petition till 3 (three) working days by means of EIS "Golden eagle". In case of need more detailed studying of the bases for execution of invitations, by the written request of bodies of KNB RK specified it is prolonged up to 30 (thirty) calendar days.

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