In accordance with Law of Republic of Kazakhstan "On migration of population" (Article 51), citizens of Republic of Kazakhstan are required to be registered at their place of permanent or temporary stay (residence) on the territory of the Republic of Kazakhstan. In this regard, a tenant living under a sub-lease agreement is obliged to be registered in the leased dwelling (Article 24 of Law of the Republic of Kazakhstan "On Housing Relations"), as persons who have lived without registration at the place of temporary residence for more than ten days are brought to administrative responsibility. At the same time, owners of the dwelling need to know that they are under administrative liability for registering in their dwellings of the persons who do not actually live there or for allowing them to live without registration, as well as for the failure to take appropriate measures as to de-register the registered and those who do not actually dwell in the premises.
In the next steps, we will look at how to avoid the breach of the migration law.
The procedure of permanent or temporary registration at the place of residence is carried out
When applying to the PSC for permanent or temporary registration, the following documents are required: a document certifying the identity of the owner of the dwelling or its digital form (personal presence of the owner of the dwelling) and his consent to permanent or temporary registration; an identity document or their digital form of the registered person (children over 14 years old - birth certificate and passport of a citizen of the Republic Kazakhstan (if any).
When registering through the e–government portal, it is necessary to send an electronic request certified by an electronic digital signature (EDS) of the registered person and the EDS of the owner of the dwelling who gave consent to registration or certified by one-time passwords in the form of a short text message, in case of registration and connection of the subscriber number. Registration at the place of permanent or temporary stay (residence) through the portal is carried out online.
When registering via mobile application, on the Public Services tab, select "Registration of the population at the place of residence" and fill in the fields depending on the type of registration (permanent or temporary), the registration period (the required period is indicated), the status of the service recipient (is the owner or not). The result of the service can be found in the "History" section.
A confirmation that a natural person is registered or de-registered at address of his place of residence, temporary stay (residence) , as well as of information about several natural persons registered at the same address is a particular information about the actual address entered into the state database "Natural persons" and transferred to the "electronic government" portal.
In this regard, each citizen can receive information about registration at the place of residence, temporary stay (residence), as well as check the number of registered persons in the dwelling via an electronic digital signature (EDS) on the e-government portal in the personal account.
This service is also available in mobile applications of second-tier banks.
To prevent the breach of migration legislation, the citizens should:
- be registered at their new place of residence in a timely manner;
- if the person resides at the address that differs from the registered, he should timely register at the place of temporary stay (residence) keeping his registration at the place of residence;
- the owners of dwellings must timely register individuals living in their dwellings;
- do not admit for registration persons who do not actually have lived in the leased premises;
- on a timely basis withdraw from temporary registration in connection with their moving out;
- check the registered on the e-government portal in the personal account.
When the one is registered at the new address in the information system, a citizen is automatically deregistered at the previous address. It is impossible to register a person unauthorized by the owner. Registration at the place of residence and temporary stay is carried out only with the consent of the owner. If registration is made at the PSC, the homeowner provides a written consent for registration, when registering through electronic government portal, the homeowner signs the consent for registration by means of EDS.
Service of homeowner notification by SMS about the registered persons has been implemented. In this regard, in the event of ungrounded registration, the owner, thanks to the service, can promptly take measures to cancel registration or deregister the registered tenants at the address specified.
In such cases, Article 493 of the Code on Administrative Offenses applies, according thereto:
for admitting natural persons to be registered by a leaseholder who have not been actually living in the dwelling - a fine of 10 multiplied by МCI shall be imposed;
for a repeated breach during the year - a fine of 20 multiplied by МCI;
for failure to take measures by the owner of the dwelling to de-register those who do not longer live at the address - a fine is 5 multiplied by МCI.
At the same time, in the case of living on a lease basis and without temporary registration, the tenant of the apartment will be punished. Staying at the place of temporary without registration for the period from 10 calendar days to one month shall entail a warning. If temporary stay registration has not been done within a month and over, then a fine will be imposed on the tenant, which will amount to 7 multiplied by МCI. To avoid such situations, you should strictly follow a procedure established for registering tenants living in a leased premise and promptly unsubscribe them from registration if they moved out.
Citizens of Republic of Kazakhstan who have reached the age of 14 shall be registered at the place of residence, temporary stay (residence) as the place of residence of persons who have not reached the age of fourteen (minors), or citizens under guardianship, is the place of residence of their legal representatives under the law.
Registration at the place of temporary stay (residence) is a temporary registration. Registration at the place of residence is a permanent registration. A citizen who has arrived at the place of temporary stay for the period of more than 1 month shall be registered within 10 days with keeping his registration at the place of residence (except for children who have not reached the age of 16 years old, citizens staying in health facilities, persons working on a shift rotation basis).
There are cases encountered when several and more citizens have been registered in the dwelling at one address, while they have not been actually living there. If these facts occurred at the fault of leaseholder, it is a breach that entails administrative liability in relation to the leaseholders.