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

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The list of the documents and data requested at uslugopoluchatel for rendering the state service

In case of the personal address of uslugopoluchatel (for the children and citizens recognized by court incapacitated, their legal representatives (parents, guardians, custodians) with provision of the documents confirming powers on representation) to the service provider and the State corporation:

1) the statement questionnaire for issue of permission to permanent residence in the Republic of Kazakhstan according to appendix 4 to these rules of issue to foreigners and stateless persons of permission to temporary and permanent residence in the Republic of Kazakhstan (further – Rules);

2) the copy and the original (for reconciliation) the foreign passport, the document of the stateless person of uslugopoluchatel, effective period, which on the date of filing of application over 180 calendar days;

3) the document on confirmation of the solvency according to Rules of confirmation by the foreigners and stateless persons applying for receipt of permissions to permanent residence in the Republic of Kazakhstan, the solvency during stay in the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of November 26, 2003 No. 1185, or witnessing availability of the bases for release from confirmation of solvency according to the subitem 4) of article 49 of the Law of the Republic of Kazakhstan "About population shift" (further – the Law);

4) the document on criminal record (lack of criminal record) in the state of civil accessory and/or permanent residence issued by competent authority of the relevant state (except for persons having the status of the refugee in the Republic of Kazakhstan and ethnic Kazakhs of citizens of People's Republic of China if other is not provided by international treaties);

5) notarially certified consent of the child aged from 14 up to 18 years on permanent residence in the Republic of Kazakhstan;

6) the notarized contract with physical person or legal entity (for the uslugopoluchatel confirming the solvency during stay in the Republic of Kazakhstan) or the notarized statement of physical person or legal entity for provision to the applicant of the dwelling for accommodation and statement on permanent registration accounting for the term of at least 180 calendar days;

7) the certificate of medical examination of the foreigner of absence, diseases which availability prohibits entrance to foreigners and stateless persons to the Republic of Kazakhstan according to the order of the Minister of Health of the Republic of Kazakhstan of September 30, 2011 No. 664 "About approval of the list of diseases which availability prohibits entrance to foreigners and stateless persons to the Republic of Kazakhstan" (the medical certificate of form 028/at), (it is registered in the Register of state registration of regulatory legal acts No. 7274);

8) one photo of 35х45 mm in size;

9) document on payment of the state fee;

10) persons meeting the requirements of the list of demanded professions concerning which the simplified approval procedure on permanent residence in the Republic of Kazakhstan approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of February 20, 2023 No. 49 is established (it is registered in the Register of state registration of regulatory legal acts for No. 31938) - the petition of industry state body, with indication of group of occupations of the National qualifier of the Republic of Kazakhstan (further - NKZ), and compliance to requirements of NKZ (profession, level and specialization of skills, the diploma, length of service on specializations, skill level).

Effective period of the documents specified in subitems 3), 4), 7) no more than 180 calendar days.

Uslugopoluchatel who drew up nationality of other state through diplomatic representations and consular establishments of other states in the Republic of Kazakhstan and having permanent registration for the territories of the Republic of Kazakhstan submits the documents specified in subitems 1), 2), 8), 9).

Uslugopoluchatel who did not reach eighteen-year age, arrived together with parents or with one of parents, or the legal representative (the parent, the guardian, the custodian) of which, is the citizen of the Republic of Kazakhstan either the foreigner or the person without citizenship who is constantly living in the Republic of Kazakhstan, provides the documents specified in subitems 1), 2), 5), 6), 8), 9) and also: the copy and the original (for reconciliation) the certificate of birth or other identity document of the child of not reached full age age; the notarized statement consent from the second parent (both parents), in case of its accommodation outside the Republic of Kazakhstan.

The documents constituted in foreign language are subject to transfer on Kazakh or Russian. Fidelity of transfer from one language into another, is demonstrated by the notary according to article 80 of the Law of the Republic of Kazakhstan "To notariate".

Documents and statements which are drawn up with the assistance of the authorities of foreign states or proceeding from these authorities are taken cognizance in the presence of legalization, according to Item 60 of the Presidential decree of the Republic of Kazakhstan of April 25, 2016 No. 240 "About approval of the Consular charter of the Republic of Kazakhstan" if other is not stipulated by the legislation the Republic of Kazakhstan or the international treaty ratified by the Republic of Kazakhstan.

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The bases for refusal in rendering the state service established by the legislation of the Republic of Kazakhstan

Refusal in rendering the state service:

1. In compliance article 19-1 of the Law of the Republic of Kazakhstan "About the state services", in case:

1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;

2) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to the requirements established by Rules;

3) the negative reply of authorized state body to request about approval which is required for rendering the state service, and also negative experimental testimony, researches or checks.

2. According to article 49 of the Law of the Republic of Kazakhstan "About population shift" to issue of permission to permanent residence in the Republic of Kazakhstan refuses or the permission issued earlier is cancelled to the following uslugopoluchatel:

1) illegally arrived, and also pursued for making of crimes by the legislation of the countries, natives of which they are;

2) exempted from places of detention which permanent residence before condemnation was outside the Republic of Kazakhstan;

3) committed crimes against humanity;

4) not provided confirmation of the solvency according to the procedure and the sizes determined by the Government of the Republic of Kazakhstan, except for the ethnic Kazakhs, the former compatriots who were born or earlier consisting in nationality of the Kazakh Soviet Socialist Republic or the Republic of Kazakhstan, and also persons having the right to acquisition of nationality of the Republic of Kazakhstan in the simplified procedure based on international treaties of the Republic of Kazakhstan and members of their families, foreigners having demanded professions which list affirms authorized body concerning population shift;

5) repeatedly violating the law on legal status of foreigners in the Republic of Kazakhstan;

6) kindling international, interfaith and religious strife;

7) actions of which are directed to violent change of the constitutional system;

8) opposing sovereignty and independence of the Republic of Kazakhstan, calling for violation of unity and integrity of its territory;

9) having not removed or unspent conviction for crime;

10) in the presence of data at bodies of homeland security on their involvement in extremism or terrorist activities;

11) submitted false documents or reported about himself obviously false data in case of the address with the petition for permission to permanent residence in the Republic of Kazakhstan or without reasonable excuse not submitted necessary documents within the terms established by the legislation of the Republic of Kazakhstan;

12) not undergone dactyloscopic registration according to the legislation of the Republic of Kazakhstan;

13) expelled within five years the Republic of Kazakhstan by the time of issue of permission to permanent residence in the Republic of Kazakhstan;

14) if it is necessary for protection of the rights and legitimate interests of citizens of the Republic of Kazakhstan and other persons;

15) got permission to permanent residence and living in the territory of the Republic of Kazakhstan less than hundred eighty three calendar days within any consecutive twelve-monthly period from date of issue of permission to permanent residence;

16) got married with citizens of the Republic of Kazakhstan, formed the basis for receipt of the residence permit if this scrap is nullified by the judgment which took legal effect;

17) brought to the administrative responsibility for offense in the field of population shift, the taxation and the labor law of the Republic of Kazakhstan;

18) to the interests of homeland security creating threat;

19) having diseases which are contraindication for entry into the Republic of Kazakhstan;

20) if they lost nationality of the Republic of Kazakhstan on the bases provided by the subitem 8) of part one of article 21 of the Law of the Republic of Kazakhstan "About nationality of the Republic of Kazakhstan" earlier;

21) if they are earlier deprived of nationality of the Republic of Kazakhstan on the bases, the stipulated in Article 20-1 Law of the Republic of Kazakhstan "About nationality of the Republic of Kazakhstan".

Concerning ethnic Kazakhs and members of their families, stateless persons recognized as those due to the lack of identity documents or based on the passport of the USSR of sample of 1974, the women falling under operation of the Law of the Republic of Kazakhstan "About accession of the Republic of Kazakhstan to the Convention on nationality of the married woman" action of subitems 14) and 16) is not applied.