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Execution of documents for departure for permanent residence outside the Republic of Kazakhstan

Как получить услугу

Government for citizens

Individuals

Documents required for submission to "Government for Citizens" Public Corporation":

At the personal request of the service recipient (for children and citizens recognized by the court as incapacitated, their legal representatives (parents, guardians, Trustees). Parents, guardians, and Trustees provide documents confirming their authority to represent (for children and citizens recognized as legally incompetent by the court):

1. Application form.

2. An identity card or its electronic form presented through the digital document service and a passport of a citizen of the Republic of Kazakhstan, birth certificates of children under sixteen years of age or its electronic form presented through the digital document service; residence permit for a foreigner in the Republic of Kazakhstan; ID card of a stateless person (for personal identification).

3. Agreement on the payment of alimony, concluded in accordance with Chapter 22 of the Code of the Republic of Kazakhstan of 26 December 2011 "On marriage (matrimony) and family" if in the territory of the Republic of Kazakhstan permanently resident members of the family leaving, which he is required by law to provide the content in case of availability in respect of the applicant binding enforcement proceedings for alimony.

Failing agreement, leaving it appears the court's decision on determining the amount of alimony in a fixed sum or a lump sum alimony payment or granting of certain property on account of alimony, or alimony in some other way, or the finding of a lack of traveling legal impediments to travel.

Note: the Code applies to family members who receive alimony:

minor children;
parents;
isabled and needy spouse);
the spouse, including the former, during pregnancy and within three years from the date of birth of the common child;
a spouse in need, including a former spouse who takes care of a common disabled child until they reach the age of eighteen, as well as in the case of a common disabled child who reaches the age of eighteen years of disability group I-II;
disabled and needy former spouse who became disabled before the dissolution of the marriage (matrimony);
minor siblings in need of assistance;
minor grandchildren in need of assistance;
disabled grandparents who need help;
disabled persons in need who actually raised and supported minor children;
disabled, in need of help stepfather and stepmother who raised and supported their Stepsons or stepdaughters.

minor children;
parents;
disabled and needy spouse);
the spouse, including the former, during pregnancy and within three years from the date of birth of the common child;
a spouse in need, including a former spouse who takes care of a common disabled child until they reach the age of eighteen, as well as in the case of a common disabled child who reaches the age of eighteen years of disability group I-II;
disabled and needy former spouse who became disabled before the dissolution of the marriage (matrimony);
minor siblings in need of assistance;
minor grandchildren in need of assistance;
disabled grandparents who need help;
disabled persons in need who actually raised and supported minor children;
disabled, in need of help stepfather and stepmother who raised and supported their Stepsons or stepdaughters.

4. Conclusion of the guardianship and guardianship authorities on taking into account the opinion of a child who has reached the age of ten when making a decision on his departure with his parents or other legal representatives.

5. When leaving for permanent residence of citizens of the Republic of Kazakhstan who have not reached the age of eighteen, together with one of the parents (guardian, Trustee) – notarized consent of the other parent residing in the territory of the Republic of Kazakhstan. In the absence of consent, the departure of a minor may be allowed in court.

6. A copy of the document confirming payment of the state fee.

7. Application (if there is no information about registration in the territory of the Republic of Kazakhstan of the persons specified in sub-paragraphs 3) and 5) of this paragraph).

Результат оказания услуги

Decision on execution of documents for departure for permanent residence outside the Republic of Kazakhstan or reasoned refuse.

Часто задаваемые вопросы

Grounds for refusal to provide public service established by legislation of the Republic of Kazakhstan

The service recipient

has information constituting state and other secrets protected by law, and did not notify the relevant authorized bodies of the fact of his departure outside the Republic of Kazakhstan - until the termination of these circumstances;
detained on suspicion of committing a criminal offense or brought in as a suspect, accused, or a decision has been made against him to qualify the act of a suspect - before a decision is made in the case or a court verdict comes into force;
convicted of committing a crime - before serving the sentence or being released from punishment;
evades the fulfillment of obligations imposed on him by the court - until these obligations are terminated;
undergoes compulsory military service - until completion of this service or until release from it in accordance with the Law of the Republic of Kazakhstan "On Military Service and the Status of Military Personnel";
provided knowingly false information about himself when preparing documents for leaving the Republic of Kazakhstan - until the reasons that served as the basis for the refusal are eliminated and reliable information is provided;
is a defendant in civil proceedings - before the court decision enters into legal force;
has a tax arrears - until it is fully repaid;
is a debtor in enforcement proceedings;

The requirement of subparagraph 9) does not apply if the debtor in enforcement proceedings has submitted: a settlement agreement concluded with the claimant, approved by the court; agreement to settle a dispute with the claimant through mediation; documents confirming the execution of a penalty or other requirement of a writ of execution; documents confirming the cancellation of the decision of the relevant body on the basis of which the executive document was issued.

The service provider refuses to provide the public services in cases provided for in Article 19-1 of the Law of the Republic of Kazakhstan “On Public Services”.

Grounds for institution of an administrative procedure

appeal;
initiative of an administrative body or official.

General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

Full name, IIN, postal address of a natural person, BIN of a legal entity;
name of administrative body, official to whom the appeal is submitted;
the essence of an appeal;
date of filing an appeal;
signature of the applicant or his representative;
other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

Receipt, registration, withdrawal and revoke of an appeal

! It is barred to reject the receipt of an appeal.

Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

Timeframe of administrative procedure that is under institution on the basis of an appeal

The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

Complaints procedure

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

Deadline for filing a complaint

A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

Полное название

Execution of documents for departure for permanent residence outside the Republic of Kazakhstan

Получатели услуги

Individuals

Стоимость услуги

1 МCI

Срок оказания услуги

20 working days