On the legal status of foreigners
The Law of the Republic of Kazakhstan dated June 19, 1995 N 2337.
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Footnote. The form of the act and the title have been changed, the preamble is excluded by the Law of the Republic of Kazakhstan dated 12.01.2007 No. 227.
Throughout the text:
the words "Decree", "Decree", "Decree" are replaced respectively by the words "Law", "Law", "Law"; The words "foreign citizens", "Foreign citizens", "Foreign citizens", "foreign citizens", "foreign citizens", "foreign citizens", "Foreign citizens", "foreign citizen", "Foreign citizen", "Foreign citizen", "Foreign citizen" are replaced, respectively, by the words "foreigners", "Foreigners", "Foreigners", "foreigners", "foreigners", "foreigners", "Foreigners", "Foreigners", "Foreigner", "Foreigner", "Foreigner", "Foreigner" by the Law of the Republic of Kazakhstan dated 12.01.2007 No. 227.
Section I. General provisions
Article 1. Legislation on the legal status of foreigners in the Republic of Kazakhstan
The legislation of the Republic of Kazakhstan on the legal status of foreigners is based on the Constitution of the Republic of Kazakhstan and defines in accordance with it the basic rights and obligations of foreigners, the procedure for their entry into the Republic of Kazakhstan, stay and movement on its territory and departure from the Republic of Kazakhstan.
The legislation on the legal status of foreigners in the Republic of Kazakhstan consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
The legal status of foreigners in the Republic of Kazakhstan may also be determined by international treaties of the Republic of Kazakhstan.
If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international treaty shall apply.
Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 12.01.2007 No. 227; dated 13.05.2020 No. 327-VI (effective after ten calendar days after the date of its first official publication).
Article 2. Foreigners and stateless persons in the Republic of Kazakhstan
Foreigners in the Republic of Kazakhstan are recognized as persons who are not citizens of the Republic of Kazakhstan and have proof of their belonging to the citizenship of another state.
Persons who are not citizens of the Republic of Kazakhstan and do not have proof of their belonging to the citizenship of another state are recognized as stateless persons.
Article 3. Principles of the legal status of foreigners in the Republic of Kazakhstan
Foreigners in the Republic of Kazakhstan have all the rights and freedoms, as well as bear all the duties established by the Constitution and in accordance with the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
Foreigners in the Republic of Kazakhstan are equal before the law, regardless of their origin, social and property status, race and nationality, gender, education, language, attitude to religion, type and nature of occupation.
The use of their rights and freedoms by foreigners should not harm the interests of the Republic of Kazakhstan, the rights and legitimate interests of its citizens and other persons and is inseparable from the performance of their duties established by the legislation of the Republic of Kazakhstan.
Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 13.05.2020 No. 327-VI (effective after ten calendar days after the date of its first official publication).
Article 4. Foreigners permanently residing and temporarily staying in the Republic of Kazakhstan
Foreigners who have received a permanent residence permit in the Republic of Kazakhstan in accordance with the procedure determined by the Ministry of Internal Affairs of the Republic of Kazakhstan are recognized as permanent residents in the Republic of Kazakhstan.
A prerequisite for granting a permanent residence permit in the Republic of Kazakhstan is confirmation by the person applying for such a permit, with the exception of ethnic Kazakhs, persons born or previously held citizenship of the Republic of Kazakhstan or the Kazakh Soviet Socialist Republic, and their family members, of their solvency in the manner and amounts determined by the Government of the Republic of Kazakhstan.
Foreigners who are in the Republic of Kazakhstan on another legal basis, as well as recognized as victims, witnesses, suspects or accused in criminal cases, are considered to be temporarily staying in the Republic of Kazakhstan until the entry into force of a court verdict or the adoption of another procedural decision by authorized bodies.
Kandases have the right to simultaneously submit documents for obtaining a permanent residence permit in the Republic of Kazakhstan and admission to citizenship of the Republic of Kazakhstan in a simplified (registration) procedure.
Footnote. Article 4 of the law of the Republic of Kazakhstan dated 12.01.2007 No. 227; as amended by laws of RK dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.11.2015 No. 421-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 № 292-VI (the order of enforcement see article 2); dated 13.05.2020 No. 327-VI (the order of enforcement see article 2).
Article 5. Granting asylum
The Republic of Kazakhstan grants the right of asylum to foreigners who have become victims of human rights violations.
The issue of granting political asylum is decided by the President of the Republic of Kazakhstan.
Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 12.01.2007 No. 227.
Section II. Fundamental rights, freedoms and
obligations of foreigners in the Republic of Kazakhstan
Article 6. Work and leisure
Foreigners may work in the Republic of Kazakhstan on the basis and in accordance with the procedure established by the legislation and international treaties of the Republic of Kazakhstan. In order to ensure the implementation of the constitutional right of citizens of the Republic of Kazakhstan to freedom of work, legislative acts may establish restrictions on the employment of foreigners in the Republic of Kazakhstan.
Foreigners may not be appointed to certain positions or engage in a certain type of labor activity if, in accordance with the legislation of the Republic of Kazakhstan, appointment to these positions or occupation of such activity is associated with belonging to the citizenship of the Republic of Kazakhstan.
Foreigners permanently residing in the Republic of Kazakhstan have the same rights and duties in labor relations as citizens of the Republic of Kazakhstan.
Foreigners temporarily staying in the Republic of Kazakhstan may be subjects of private entrepreneurship. At the same time, it is not allowed to carry out entrepreneurial activity without the formation of a legal entity.
Foreigners staying in the Republic of Kazakhstan have the right to rest on a common basis with citizens of the Republic of Kazakhstan.
Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 16.03.2001 No. 164; dated 12.01.2007 No. 227; dated 16.04.2018 No. 147-VI (effective after ten calendar days after the date of its first official publication).
Article 7. Health protection
Foreigners and stateless persons residing in the territory of the Republic of Kazakhstan, medical assistance is provided in the presence of a voluntary medical insurance policy, unless otherwise provided by the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 16.11.2015 No. 406-V (effective from 01.01.2018).
Article 8. Social and pension provision
Foreigners permanently residing in the Republic of Kazakhstan have the same rights and obligations in matters of social and pension provision as citizens of the Republic of Kazakhstan.
In cases where a certain length of service is required for the appointment of pension payments and benefits, foreigners may be credited with the length of their work abroad on the grounds and in accordance with the procedure established by the legislation and international treaties of the Republic of Kazakhstan.
Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 06/19/1997 No. 134.
Article 9. The right to housing, other property and personal non-property rights
Foreigners permanently residing in the Republic of Kazakhstan have the same rights and obligations in housing relations as citizens of the Republic of Kazakhstan, unless otherwise provided by the Constitution, laws and international treaties.
Foreigners may own housing (with the exception of temporarily staying foreigners) and other property in the Republic of Kazakhstan, have the rights of the author of works of science, literature and art, discoveries, inventions, innovation proposals, industrial designs, as well as other property and personal non-property rights, except in cases established by the Constitution, laws and international treaties.
Foreigners permanently residing in the Republic of Kazakhstan enjoy their property and personal non-property rights on an equal basis with citizens of the Republic of Kazakhstan.
Foreigners temporarily staying in the Republic of Kazakhstan have the right to use property and personal non-property rights on the grounds and in accordance with the procedure established by the legislation and international treaties of the Republic of Kazakhstan.
Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 01.03.2001 No. 160; dated 24.11.2015 No. 421-V (effective ten calendar days after the date of its first official publication).
Article 10. Getting an education