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 filing of application about issue of permission to temporary residence through the service provider and the State corporation:

1. The statement questionnaire for issue of permission to temporary residence according to appendix 1 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 of the identity document of the foreigner or stateless person with which agreements on visa-free stay are ratified (the original is provided for reconciliation).

3. The copy of the health insurance (the original is provided for reconciliation) (except for citizens of the countries of the Eurasian Economic Union (further - EEU).

4. Notarized consent to accommodation of the immigrant if the uslugopoluchatel is not homeowner, provided to the immigrant for its temporary residence.

5. The certificate of passing of fingerprinting of the foreigner or stateless person, according to the order of the Government of the Republic of Kazakhstan of January 31, 2018 No. 36 "About approval of Rules of carrying out dactyloscopic and genomic registration".

Depending on subspecies of the state service in addition represent:

1) Issue to foreigners and stateless persons of permission to temporary residence in the Republic of Kazakhstan in connection with reunion of family:

the document confirming the family relations with person who is constantly living in the territory of the Republic of Kazakhstan.

2) Issue to foreigners and stateless persons of permission to temporary residence in the Republic of Kazakhstan for implementation of labor activity:

permission to the attraction of foreign labor power issued by local executive body;

the reference or permission issued by local executive body of the Republic of Kazakhstan about compliance of qualification of the foreigner;

the permission to the labor immigrant issued by local executive body for implementation of labor activity at physical persons;

for citizens of EEU - the employment contract registered in authorized body (The Ministry of Labour and Social Protection of the population) - in single system of accounting of the employment contracts "ESUTD" or the civil agreement on performance of works (rendering services);

the order on the direction in official journey on internal transfer, or within implementation of the contract between legal entities on rendering services;

the document confirming accreditation of the journalist with indication of accreditation term;

to immigrants who according to the legislation of the Republic of Kazakhstan in the field of population shift and/or the international treaties ratified by the Republic of Kazakhstan do not need receipt of the permissions specified in paragraphs two, third, the fourth, the fifth, sixth and seventh this subitem and also members of their families permission to temporary residence is drawn up for one year with possibility of annual prolongation, but cannot exceed effective period of the employment contract or the civil agreement on performance of works (rendering services).

To the immigrants who arrived to the Republic of Kazakhstan from the countries with which there are ratified international agreements on visa-free procedure for entrance and stay for the purpose of implementation of activities in the International financial center "Astana" (further - MFTsA), and also to members of their families permission to temporary residence is drawn up for one year with possibility of annual prolongation, but cannot exceed effective period of the employment contract or the civil agreement on performance of works (rendering services).

To the investment residents of MFTsA which arrived from the states with which there are ratified international agreements on visa-free procedure for entrance and stay and also to members of their families permission to temporary residence no more than five years are drawn up according to the petition of administration of MFTsA for one year with possibility of annual prolongation, but. At the same time effective period of permission to temporary residence of members of the family of investment resident of MFTsA cannot exceed effective period of permission to temporary residence of investment resident.

3) Issue to foreigners and stateless persons of permission to temporary residence in the Republic of Kazakhstan for education in the Kazakhstan educational institutions:

petition of educational institution of the Republic of Kazakhstan.

4) Issue to foreigners and stateless persons of permission to temporary residence in the Republic of Kazakhstan for passing of hospitalization in the Kazakhstan medical institutions:

the documents issued by the medical organization located in the Republic of Kazakhstan, confirming treatment of the foreigner or stateless person in the medical organizations of the Republic of Kazakhstan or permanent care of the foreign patient who is on treatment in the medical organizations of the Republic of Kazakhstan and also of close relatives - citizens of the Republic of Kazakhstan, or the foreigners who are constantly living in the territory of the Republic of Kazakhstan.

5) Issue to foreigners and stateless persons of permission to temporary residence in the Republic of Kazakhstan for implementation of missionary activities:

the certificate granted by the authorized body of the Republic of Kazakhstan performing state regulation in the field of religious activities.

6) Issue to foreigners and stateless persons of permission to temporary residence in the Republic of Kazakhstan for implementation of business activity according to the legislation of the Republic of Kazakhstan (business immigrants):

the medical certificate confirming absence of the diseases interfering labor activity according to the order of the Minister of Health of the Republic of Kazakhstan of October 30, 2020 No. KR DSM-175/2020 "About approval of forms of accounting documentation in the field of health care and also instructions for their filling" (the medical certificate of form 028/at), (it is registered in the Register of state registration of regulatory legal acts No. 21579);

the health insurance covering primary health care and specialized medical care in stationary conditions in the emergency form on the conditions determined by the agreement of the parties with observance of the minimum requirements established by the laws of the Republic of Kazakhstan;

confirmation of availability or lack of criminal record and prohibition on implementation of business activity based on the judgment in the state of civil accessory and/or permanent residence, issued by competent authority of the relevant state.

7) Issue of permission to temporary residence to immigrants, revealed and identified as the victims of human trafficking in the territory of the Republic of Kazakhstan:

the petition of local executive body, according to the Order of the Government of the Republic of Kazakhstan of January 21, 2012 No. 148 "About approval of Rules of entrance and stay of immigrants in the Republic of Kazakhstan, and also their departure from the Republic of Kazakhstan and Rules of implementation of migratory control, and also accounting of the foreigners and stateless persons illegally crossing Frontier of the Republic of Kazakhstan, illegally staying in the territory of the Republic of Kazakhstan and also persons to whom entrance on the territory of the Republic of Kazakhstan is prohibited".

8) Issue of permission to temporary residence in the Republic of Kazakhstan to immigrants, applied in law-enforcement bodies for permission to permanent residence in the Republic of Kazakhstan:

On condition of earlier submitted application for registration of permission to permanent residence in the Republic of Kazakhstan.

The documents constituted in foreign language are subject to transfer on state 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."

Data on availability at the foreigner of dactyloscopic registration, about documents acceptance for rendering the state service "Issue of Permission by Foreigners to Stateless Persons to Permanent Residence in the Republic of Kazakhstan" the service provider checks in information system.

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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" in 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) committed crime against sexual integrity of the minor;

5) not provided confirmation of the solvency according to the procedure and the sizes determined by the Ministry of Internal Affairs 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;

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

7) kindling international, interfaith and religious strife;

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

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

10) having not removed or unspent conviction for crime;

11) in the presence of data at bodies of homeland security of the Republic of Kazakhstan on their participation in extremist or terrorist activities or participation in the organization recognized in the Republic of Kazakhstan extremist or terrorist;

12) 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;

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

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

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

16) 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, except as specified, the stipulated in Article 38 Laws of the Republic of Kazakhstan "About nationality of the Republic of Kazakhstan";

17) got permission to permanent residence based on the list of demanded professions approved by the authorized body concerning the population shift and which is not working by profession, provided by the specified list within hundred eighty three calendar days within any consecutive twelve-monthly period from date of issue of permission to permanent residence;

18) 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;

19) within year brought to the administrative responsibility for administrative offenses in the field of population shift, the tax and labor law of the Republic of Kazakhstan;

20) to the interests of homeland security creating threat;

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

22) 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;

23) 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 16) and 19) is not applied.

The subitem provision 21) is not applied to incapacitated persons.