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

of August 28, 2013 No. 523

About approval of Rules of issue to foreigners and stateless persons of permission to permanent residence in the Republic of Kazakhstan and the Instruction for registration, issue, replacement, withdrawal and destruction of residence permits of the foreigner and certificates of the stateless person

According to the subitem 10) of article 9 of the Law of the Republic of Kazakhstan "About population shift" of July 22, 2011 and the subitem 2) of article 26 of the Law of the Republic of Kazakhstan of January 29, 2013 "About the documents proving the identity" I ORDER:

1. Approve enclosed:

1) Rules of issue to foreigners and stateless persons of permission to permanent residence in the Republic of Kazakhstan;

2) Instruction for registration, issue, replacement, withdrawal and destruction of residence permits of the foreigner and certificates of the stateless person.

2. Declare invalid:

1) the order of the Minister of Internal Affairs of the Republic of Kazakhstan of June 4, 2005 No. 338 "About approval of the Instruction for application by law-enforcement bodies of Rules of documentation and registration of the population of the Republic of Kazakhstan" (No. registered in the Register of state registration of regulatory legal acts 3747, No. 152-153) published in the Yuridicheskaya Gazeta newspaper of August 19, 2005;

2) order of the deputy. The Minister of Internal Affairs of the Republic of Kazakhstan of May 25, 2007 No. 217 "About modification and amendments of June 4, 2005 No. 338 "About approval of the Instruction for application by law-enforcement bodies of Rules of documentation and registration of the population of the Republic of Kazakhstan" (No. registered in the Register of state registration of regulatory legal acts 4823, No. 124 published in the Yuridicheskaya Gazeta newspaper of August 15, 2007 (1327).

3. (Sainov S. S.) to provide to department of migratory police of the Ministry of Internal Affairs of the Republic of Kazakhstan state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication in official mass media.

4. This order becomes effective from the date of registration and is subject to official publication.

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 28, 2013 No. 523

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

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 determine procedure for issue to foreigners and stateless persons of permission to temporary and permanent residence in the Republic of Kazakhstan.

2. In these rules the following concepts are used:

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

2) 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;

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

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

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

6) 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 according to the procedure, established by the Law;

7) 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;

8) 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;

9) 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 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;

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

11) the petition - the written address of the foreigner, stateless person about issue of permission to permanent residence in the Republic of Kazakhstan;

12) permission to permanent residence - the document issued by the Ministry of Internal Affairs of the Republic of Kazakhstan to immigrants and granting them the right to permanent residence in the territory of the Republic of Kazakhstan (further - permission).

3. Acceptance, consideration and issue of permissions is made by Managements of migratory police of Departments of internal affairs of the cities of Astana, Almaty and areas (further - DVD) and representative office of the Ministry of Internal Affairs (further - the Ministry of Internal Affairs). District, city, are accepted by Departments of Internal Affairs (further - GUOROVD) according to the separate solution of DVD.

4. Approval of Committee of homeland security of the Republic of Kazakhstan (further - KNB RK) permissions is performed with use of unified information system "Golden eagle".

5. Accounting of the permissions accepted for consideration and issued is made in information system and in register of cases of constantly living foreigners, stateless persons (further - the Magazine) on appendix form 1 to Rules. Magazines shall be numbered, strung together, and also are certified by seal and the signature of the responsible.

2. Reception of applications

6. Applications for issue of permissions are submitted by the foreigners and persons without citizenship who are immigrants:

1) ethnic Kazakhs irrespective of category of the visa;

2) the foreigners who arrived with immigration visas of the deputies issued according to the Joint order. The Minister of Foreign Affairs of the Republic of Kazakhstan of March 5, 2013 No. 08-1-1-1/71 and the Minister of Internal Affairs of the Republic of Kazakhstan of March 7, 2013 No. 175 "About approval of Rules of issue of visas of the Republic of Kazakhstan, and also prolongation and reducing terms of their action" (further - the Joint order);

3) citizens of the countries with whom the Republic of Kazakhstan signs the agreements on visa-free procedure for entrance and stay providing possibility of stay in the Republic of Kazakhstan without visas.

7. The statement for issue of permission to permanent residence in the Republic of Kazakhstan (further - the application) in form according to appendix 2 to these rules is personally submitted by the foreigner who is in the territory of the Republic of Kazakhstan on legal causes to divisions of migratory police in the place of temporary registration.

Statements, not reached sixteen-year age or being incapacitated, move one of parents or the legal representative.

Documents acceptance from intermediary legal entities and physical persons is not allowed.

8. The application form is filled in is with own hand legible by hand on state or Russian. When filling the form use of reducings words and abbreviations is not allowed. Answers to the questions containing in the application blank shall be exhaustive.

9. The following documents are enclosed to the application:

1) the copy and the original of the national passport of the applicant, the document of the stateless person effective period which on the date of filing of application there shall be over 180 calendar days;

in case of the joint petition of the copy and original: certificates of birth of the child or other identity document of the child who did not reach 16 - summer age;

2) copy of the supporting document legality of stay of the foreigner in the Republic of Kazakhstan;

3) written consent of the state of his nationality, in quality which the departure leaf can serve or other document confirming the exit visa on permanent residence abroad (except for foreigners and persons without citizenship who are recognized as refugees or who are granted shelter in the Republic of Kazakhstan);

4) the document on confirmation of the solvency according to the Order of the Government of the Republic of Kazakhstan of November 26, 2003 No. 1185 "About approval of 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";

5) the document on criminal record (lack of criminal record) in the state of civil accessory and (or) permanent residence;

6) notarially certified consent of the child aged from 14 up to 16 years on permanent residence in the Republic of Kazakhstan;

7) contract with physical person or legal entity on provision to the applicant of the dwelling or notarized consent to accommodation and statement to permanent registration accounting of the foreigner or stateless person;

8) the certificate of medical examination of the foreigner of the Republic of Kazakhstan issued by medical institution;

9) 4 photos of 35х45 mm in size (the photo shall correspond to age of the applicant and is executed strictly fullface on light background, person shall occupy about 75% of total area of the photo);

10) married to the citizens of the Republic of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan submit copies of the marriage certficate and the identity document of the spouse (spouse).

Date of issue of the documents specified in subitems 3), 4), 5), 7), 8), 9) shall not exceed Item 9 of Rules 90 days.

The documents constituted in foreign language are subject to transfer on state or Russian. Authenticity signatures of the translator shall be notarially witnessed.

The documents specified in subitems 3) 5) shall be apostilled according to the Order of the Minister of Foreign Affairs of the Republic of Kazakhstan of November 21, 2000 No. 264 "About approval of Rules of consular legalization", is registered in the Ministry of Justice of the Republic of Kazakhstan on January 4, 2001 for No. 1350, in diplomatic representations, consular establishments abroad or Department of consular service of the Ministry of Foreign Affairs of the Republic of Kazakhstan, except for the countries which joined the Convention on legal assistance and legal relations on civil, family and criminal cases of March 31, 1993.

Foreigners the having passports of sample of 1974 living in the territory of the Republic of Kazakhstan or living without documents proving the identity in addition provide the following documents:

The document confirming residence or registration in the Republic of Kazakhstan (the service record, the house register, the address reference, the certificate of birth, scrap, certificates or diplomas about education);

law-enforcement bodies of the Republic of Kazakhstan at the place of residence constitute the detailed protocol of poll in which it shall be reflected when and where checked were born, nationality of parents at the time of their birth when and according to what documents arrived to the Republic of Kazakhstan which of relatives and where lived or lives now, their nationality and other questions depending on circumstances.

10. The documents specified in the subitem 4) of Item 9 of these rules it is not required: to the oralmans, 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.

11. The foreigners who arrived with visas of categories J 1, of J2 issued according to the Joint order provide the following documents in divisions of migratory police:

statement;

the copy of the notarized national passport with transfer on state or Russian.

12. The citizens of Kazakhstan who are constantly living in the territory of the Republic of Kazakhstan and without leaving out of its limits which were naturalized foreign state, lost nationality or recognized as stateless persons, and also constantly living foreigners, on reaching them sixteen-year age, provide the following documents:

statement;

address reference;

the documents specified in subitems 1), 8), 9), 10) of Item 9 of these rules.

13. In case of reception of an application the official checks completeness and correctness of their registration. The fact of such check, and also authenticity of the signature of the applicant makes sure the signature of the official on the application blank.

In case of reception of an application of the foreigner inform on the refusal bases in issue of permission established by the Law and the term of consideration of its statement.

Originals of identity documents, the birth, scrap, are subject to return to the applicant, and their copy and notarially certified transfer into the state or Russian languages join accounting case.

14. The adopted statement is subject to logging with putting down of registration number on the application blank.

15. Statements and documents attached to them on members of one family are created in separate accounting case to which registration number according to sequence number of accounting of the statement of the head of the family in the magazine is assigned.

The coupon confirmatory documents acceptance to consideration in form according to appendix 3 to Rules is issued to the applicant.

16. The bases for refusal in issue or cancellations of permission to permanent residence in the Republic of Kazakhstan to immigrants are stipulated in Article 49 Laws.

The foreigner repeatedly submits the application for provision of permission not earlier than in year from the date of decision making about refusal in provision of such permission or its cancellation.

3. Consideration of the applications

17. The division of migratory police of DVD, GOROVD which took cognizance of the statement and the enclosed documents for identification of the bases of refusal in issue of permission, the stipulated in Article 49 Laws, performs check:

1) on accounting of law-enforcement bodies;

2) on accounting of territorial subdivisions of Management of Committee of legal statistics and special accounting and Committee on legal statistics under the Prosecutor General's Office of RK;

3) documents on solvency confirmation;

4) approval of the KNB RK territorial subdivision of permissions by means of unified information system "Golden eagle".

18. The term of consideration of the application about issue of permission constitutes 60 calendar days from the date of delivery of documents.

19. By results of consideration the decision on issue of permission or motivated refusal in its issue, drawn up in the form of the conclusion in form according to appendix 4 to Rules separately on each accounting case is made.

The conclusion affirms the first head of DVD, GUOROVD, or their deputies.

20. Replies to the requests, results of checks on accounting of law-enforcement bodies, the conclusion join materials of accounting case. In case of provision of data in electronic format, the employee of migratory police constitutes the official report with indication of the received data which joins materials of accounting case.

21. Concerning the foreigners who arrived with visas of category J 1, J 2, and persons, specified in Items 12, of 13 these rules in the KNB territorial subdivision the message on their statement goes for permanent registration accounting, the copy of the message joins materials of accounting case.

22. About the made decision concerning issue of permission, the foreigner is notified by the staff of division of migratory police by phone or on personal acceptance, in time - 7 working days from the moment of signing of the conclusion by heads of law-enforcement bodies and permission in form according to appendix 5 to Rules is issued.

23. The decision on cancellation of permission or the residence permit is accepted on the bases, the stipulated in Article 49 Laws.

24. In case of receipt of written information on making by the foreigner of the actions which are the basis for cancellation of the residence permit of DVD, GUOROVD performs check by results of which the motivated conclusion appendix of 4 Rules which affirms the chief of DVD, GUOROVD or its deputy is taken out.

25. In case of absence of the foreigner in law-enforcement bodies for consideration of question of cancellation of permission, and also lack of data on the place of its stay in the Republic of Kazakhstan the decision on cancellation of permission to permanent residence is accepted in the absence of the foreigner.

26. The foreigner to whom permission is cancelled shall arrive to law-enforcement bodies for acquaintance with the made decision and delivery of the document proving the identity in the territory of the Republic of Kazakhstan about what to it the notification in form according to appendix 6 to Rules goes.

27. In case of absence of the foreigner in law-enforcement bodies in the terms specified in the notification, date of its acquaintance with the decision on cancellation of permission day of the direction to it of the message is considered.

28. The conclusion about cancellation of the residence permit and other materials which formed the basis for decision making join accounting case.

29. The foreigner concerning whom it is accepted decisions on cancellation of permission shall leave Kazakhstan 30 calendar days from the date of receipt of this decision in time.

30. If during this time the foreigner did not leave Kazakhstan, it is subject to expulsion according to the procedure, provided by the Code of Administrative Offences of the Republic of Kazakhstan.

In case of cancellation of permission concerning the foreigner who had before its provision the status of the refugee in the Republic of Kazakhstan it is not expelled or compulsorily does not return to the country where his life or freedom are threatened by danger because of its race, nationality, religion, nationality (citizenship), belonging to certain social group or political convictions.

If the foreigner appealed the decision on cancellation of permission in court, the decision on its expulsion is not made to the introduction of the judgment in legal force.

If person concerning whom the decision on refusal in provision to it permissions to immigration is made during consideration of its statement lost other legal causes for stay in Kazakhstan, extend to it provision of parts two - the fourth this Item.

31. The department of migratory police of the Ministry of Internal Affairs of the Republic of Kazakhstan for check of justification and studying of the made decision requests accounting cases of foreigners.

32. In case of identification of the bases for refusal, cancellation of permission, directs specifying to territorial subdivision of migratory police for execution and decision making.

Appendix №1

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

form

The register put constantly living foreigners, persons without citizenship

File number	Date of institution put	Surname, name and middle name of person on who accounting case is opened	Birth date	Nationality, nationality	Registration address	The basis to institution of accounting case	Mark about transfer or destruction of case

----------------------------

<1> In register all cases opened on specific foreigners, persons without citizenship shall register. The sequence number according to the magazine is number of accounting case. Number of accounting case is surely noted on accounting card. The magazine shall be strung together, numbered and under seal also the signature of the chief of law-enforcement body.

Appendix № 2

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

form

The statement for issue of permission to permanent residence in the Republic of Kazakhstan

_____________________________________________________________________

(name of law-enforcement body (DVD, Department of Internal Affairs, District Department of the Interior)

 

Registration number _______________________________________________

                                  (it is filled with the authorized officer)

 

The place for photos (35 x 45 mm)

 

I ask to issue permission to permanent residence in the Republic of Kazakhstan to me and/or my son, my daughter, my adopted child/child over whom my guardianship (guardianship)/child, being on the state care is established (unnecessary to cross out).

It is temporarily registered in the Republic of Kazakhstan

with "___" _______ 20 ___ to "____" ______ 20 ____ to the address _____________________________________________

The motives which induced to file this petition

________________________________________________________________________________________________

________________________________________________________________________________________________

Information about the applicant

1. Surname, name (names), middle name (if is available) _____________________________________________________

________________________________________________________________________________________________

                       (in case of change of surname, name, middle name to enter former surname, name, middle name,

________________________________________________________________________________________________

            the reason and date of change, the surname and name are written with letters of the Russian and Latin alphabets)

________________________________________________________________________________________________

                                      (according to the identity document)

2. Number, month, year and place рождения_______________________________________________________________

________________________________________________________________________________________________

3. What (citizenship) of foreign state you have nationality now (had before)

________________________________________________________________________________________________

________________________________________________________________________________________________

                                            (where, when and on what basis it is acquired, lost)

4. Floor ______________________________________________________________

(men's, women's)

5. The document certifying личность_____________________________________________________________

                                                                                                    (number and series of the document, whom

________________________________________________________________________________________________

                                                                                           and when it is issued)

6. Nationality _______________________________________________________________________________

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