How to obtain residence permit in Kazakhstan

Введение

If being a foreigner you want to live and work in Kazakhstan, you need to obtain residence permit. 

However, prior to its obtainment, you need to get a permit for permanent residence on the territory of Kazakhstan.

In this material, we will describe how to undergo the procedure.

What is residence permit and who can obtain it

Residence permit is a document certifying a foreigner`s right for permanent residence in RoK. To obtain the document you first need to get a permit for permanent residence on the territory of Kazakhstan. The permit is issued in the territorial police departments.

Key requirements imposed to those who come to RoK and willing to obtain residence permit involve provision of financial solvency evidence and lack of outstanding convictions.

Circumstances that might facilitate obtainment of permit are as follows:

  1. foreigner was born in Kazakhstan;
  2. foreigner once had Kazakhstani citizenship;
  3. foreigner has close relatives in Kazakhstan.

 

How to apply for residence permit

Foreign citizens staying on the territory of the country with “permanent residence” visa category can obtain residence permit.  Residence permit is issued to foreigners permanently residing on the territory of the RoK from the age of 16. Children under 16 years old do not need residence permit.

In order to obtain a residence permit for a foreigner in the Republic of Kazakhstan, foreigners must personally submit the following documents to the authorized state body and receive permanent residence permits in the Republic of Kazakhstan:

  • document on payment of the state fee;
  • 2 photos measuring 3.5 x 4.5 centimeters;
  • a valid foreign passport.

The period from the moment of delivery of the above documents and receipt by the applicant of the form stub to the issuance of a residence permit is up to 7  working days in an expedited manner and up to 17 working days in the usual way.

For the period of execution of a new residence permit a foreigner does not lose a status of an individual “permanently residing in Kazakhstan”.

Pursuant to the Rules for execution, issuance, exchange, submission, withdrawal and abolition of residence permit in RoK , residence permit is issued for 10 years, which is the period of passport validity term.

Application on extension of term or application on issuance of a new permit for residence in RoK should be submitted by foreigners to internal affairs agencies at the place of residence no later than 1 month prior to expiry of its validity and in case of loss no later than three days.

What is needed for issuance of permit for permanent residence in RoK

Foreigners temporarily staying in the Republic of Kazakhstan with a permanent residence visa or arriving from states that have concluded visa-free entry and stay agreements with the Republic of Kazakhstan, as well as ethnic Kazakhs, regardless of the category of visa issued to them, apply to the internal affairs bodies for a permanent residence permit in the Republic of Kazakhstan and provide a list of documents:

  1. application form for the issuance of a permanent residence permit in the Republic of Kazakhstan in accordance with Annex 4 to these Rules for the Issuance of Temporary and permanent Residence Permits to Foreigners and Stateless Persons in the Republic of Kazakhstan;
  2. a copy and original (for verification) of a foreign passport, a document of a stateless person of the service recipient, the validity period of which is more than 180 calendar days on the day of filing the application;
  3. a document confirming their solvency in accordance with the Rules of confirmation by foreigners and stateless Persons Applying for permanent Residence Permits in the Republic of Kazakhstan of their solvency during their stay in the Republic of Kazakhstan, approved by the Decree of the Government of the Republic of Kazakhstan dated November 26, 2003 No. 1185;
  4. a document on criminal record (no criminal record) in the State of citizenship and/or permanent residence issued by the competent authority of the relevant state (with the exception of persons with refugee status in the Republic of Kazakhstan and ethnic Kazakh citizens of the People's Republic of China, unless otherwise provided by international treaties) (validity period not exceeding 180 calendar days);
  5. notarized consent of a child aged 14 to 18 years for permanent residence in the Republic of Kazakhstan;
  6. a notarized contract with an individual or a legal entity (for service recipients confirming their solvency during their stay in the Republic of Kazakhstan);
  7. certificate of medical examination of a foreigner on the absence of diseases, the presence of which prohibits entry of foreigners and stateless persons to the Republic of Kazakhstan in accordance with the order of the Minister of Health of the Republic of Kazakhstan dated September 30, 2011 No. 664 "On approval of the list of diseases, the presence of which prohibits entry of foreigners and stateless persons to the Republic of Kazakhstan" (medical certificate form 028/y); (valid for no more than 180 calendar days).
  8. one photo size 35x45 mm;
  9. a document on payment of the state fee.

The validity period of the documents specified in sub-paragraphs 3), 4), 7) is not more than 180 calendar days.

The service recipient who has issued citizenship of another state through diplomatic missions and consular offices of other states in the Republic of Kazakhstan and has permanent registration in the territory of the Republic of Kazakhstan, submits the documents specified in the sub-paragraphs 1), 2), 8), 9).

A service recipient who has not reached the age of eighteen, who arrived together with his parents, or with one of the parents, or whose legal representative (parent, guardian, trustee) is a citizen of the Republic of Kazakhstan or a foreigner or a stateless person permanently residing in the Republic of Kazakhstan, provides the documents specified in subparagraphs 1), 2), 5), 6), 8), 9), and also: a copy and an original (for verification) of a birth certificate or other identity document of a child who has not reached the age of majority; notarized application-consent from the second parent (both parents), in case of his (their) residence outside the Republic of Kazakhstan.

Documents drawn up in a foreign language are subject to translation into Kazakh or Russian. The accuracy of the translation from one language to another is attested by a notary in accordance with Article 80 of the Law of the Republic of Kazakhstan "On Notaries".

In case of positive consideration of the application for a permit, the foreigner is subject to registration at the permanent place of residence and documentation with a residence permit of the foreigner.         

When can they refuse a permanent residence permit in the Republic of Kazakhstan

Refusal can be provided to issue permit:

  • to illegally arrived, as well as prosecuted for committing crimes under the laws of the countries from which they come;
  • to individuals released from prison, whose permanent place of residence was outside RoK prior to committed crime;
  • to individuals, who committed crimes against humanity;
  • to an individual, who does not  prove his/her financial solvency within the period of stay in RK, except ethnic Kazakhs; expatriates, who were born in Kazakh SSR or Republic of Kazakhstan or had citizenship, and also individuals, who have a right to obtain Kazakhstani citizenship under facilitated procedure based on international treaties of RoK, including their family members, foreigners with sought-after professions, the list of which is approved by the authorized body on migration issues;
  • to individuals, who repeatedly violated legislation on legal status of foreigners in RoK;
  • to individuals, who excite interethnic, interconfessional and religious hostility;
  • for actions aimed at forced change of constitutional order;
  • to individuals who are against sovereignty and independence of RoK and call for violation of unanimity and integrity of its territory;
  • to individuals, who have outstanding conviction for grave or extremely grievous crime;
  • without explaining the reasons, if national security agencies have information that an individual is involved in extremism or terrorist activities;
  • to individuals, who submitted forged documents or information which was known to be false or who did not submit the required documents within the terms stipulated by legislation of the RoK without reasonable excuse;
  • who have not passed fingerprint registration in accordance with the legislation of the Republic of Kazakhstan;
  • to individuals, who were deported from RoK within five years to the date of issuance of permit for permanent residence in RoK;
  • if it is necessary for protection of rights and legal interests of Kazakhstani citizens and other individuals;
  • to individuals, who obtained permit for permanent residence and reside on the territory of RoK less than 183 calendar days within any consecutive 12-month period from the date of permit for permanent residence issuance;
  • to individuals, who registered sham marriage with Kazakhstani citizens;
  • to individuals held liable for administrative violations in the field of migration, taxation and labour legislation of the RoK;
  • to individuals, who pose threat to the interests of national security;
  • due to loss of Kazakhstani citizenship based on reasons stipulated by subclause 8) of  Article 21 of the Law of the RoK “On Citizenship of the Republic of Kazakhstan”;
  • to individuals, who have illnesses* that are contradictory evidence for entry to RoK;
  • to individuals, who were deprived of Kazakhstani citizenship on the grounds stipulated by Article 20-1 of the Law of the RoK as of December 20, 1991 “On Citizenship of the Republic of Kazakhstan”.

*The list of forbidden illnesses:

  • Drug-addiction
  • Mental disorders (illnesses)
  • Tuberculosis
  • Leprosy (Hansen's disease)
  • Sexually transmitted infections such as syphilis, venereal lymphogranuloma (transmissible venereal tumor), soft ulcer

Acute infectious diseases (except acute respiratory viral infections and flu)