You want to become a Kazakhstani citizen

Введение

Foreigners and stateless persons wishing to obtain citizenship of Kazakhstan need accurate information on how to go through this procedure, having properly issued the documents.

In this article, we will tell you about the existing procedure for obtaining citizenship in various situations, indicate which documents to prepare and where to apply.

 

Citizenship of children

A child whose parents belonged to the citizenship of the Republic of Kazakhstan to the moment of birth is a citizen of the Republic of Kazakhstan irrespective of the place of birth.  

Upon different citizenships of parents, one of whom belonged to the citizenship of the Republic of Kazakhstan to the moment of birth, a child is considered to be a citizen of the Republic of Kazakhstan, if he/she was born:

  • on the territory of the Republic of Kazakhstan;
  • outside the Republic of Kazakhstan but both parents or one of them have a permanent place of residence on the territory of the Republic of Kazakhstan.

Upon different citizenships of parents, one of whom belonged to the citizenship of the Republic of Kazakhstan to the moment of birth but both parents had a permanent place of residence outside the Republic of Kazakhstan, a citizenship of a child born outside the Republic of Kazakhstan is determined under parents` agreement stated in written form.  

A child, whose parent belonged to the citizenship of the Republic of Kazakhstan to the moment of birth and other parent was stateless or citizenship is unknown, is a citizen of the Republic of Kazakhstan irrespective of the place of birth.      

In case of paternity establishment for a child whose mother is a stateless person and a father is the Republic of Kazakhstan citizen, a child under the age of 14 becomes the Republic of Kazakhstan citizen irrespective of the place of birth.  If a child permanently resides outside the Republic of Kazakhstan, his/her citizenship is determined upon a written application submitted by parents.

In case if parents failed to agree on a child`s citizenship, it is established through legal action.

Citizenship of a child, whose parents are unknown
A child residing on the territory of the Republic of Kazakhstan, whose parents are unknown is a citizen of the Republic of Kazakhstan.  

Adoption of the Republic of Kazakhstan citizenship by a child, whose parents are stateless  

A child who was born in Kazakhstan and whose parents are stateless but permanently residing on the territory of Kazakhstan is a citizen of the Republic of Kazakhstan.

How a citizenship can be obtained by a foreign woman married to Kazakhstani citizen?

Foreign woman permanently legitimately residing in Kazakhstan and married to Kazakhstani citizen can  obtain a citizenship under the facilitated procedure.

They should apply to a local agency of migration service at the place of permanent residence and submit the following documents:

  1. Notarized application on refusal from former citizenship.
  2. Application in the prescribed format.
  3. Four photographs (3,5 х 4,5 cm).
  4. Liability on observance of terms stipulated by the Article 1 of the "Law on Citizenship of the Republic of Kazakhstan";.
  5. Copy of an ID document that certifies the affiliation with citizenship of foreign country;
  6. Copy of marriage certificate;
  7. Copy of a husband`s (citizen of the Republic of Kazakhstan) national ID;
  8. Document certifying the payment of national duty in the amount of 1 MCI.

The total term of consideration of the application is 3 months.

How a citizenship can be obtained by ethnic Kazakh (kandas)?

Ethnic Kazakh (kandas) can obtain a citizenship under the facilitated procedure irrespective of period of residence on the territory of the Republic of Kazakhstan.

Ethnic Kazakh (kandas) should apply to a local agency of migration service at the place of permanent residence and submit the following documents:

  1. Notarized application on refusal from former citizenship.
  2. Application in the prescribed format.
  3. Four photographs (3,5 х 4,5 cm).
  4. Liability on observance of terms.
  5. Autobiography;
  6. Copy of an ID document that certifies the affiliation with citizenship of foreign country.
  7. Ethnic Kazakh (kandas) certificate.

Ethnic Kazakh (kandas), who do not have permanent registration, can apply to the head of the Police Department for a permanent residence permit and acceptance of citizenship of the Republic of Kazakhstan in a simplified (registration) procedure, with the following documents attached:

  1. application form for a permanent residence permit and registration of admission to citizenship of the Republic of Kazakhstan, approved form;
  2. notarized application for renunciation of former citizenship;
  3. obligation to comply with the conditions provided for in Article 1 of the Law;
  4. a copy and original (for verification) of the national passport or a document of a stateless person;
  5. a copy and original (for verification) of a birth certificate or other identity document of a child under the age of sixteen, when jointly addressed;
  6. autobiography in Kazakh or Russian;
  7. 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 ethnic Kazakh citizens of the People's Republic of China, unless otherwise provided by international treaties);
  8. a notarized application of an individual or legal entity to provide the applicant with housing for residence and permanent registration;
  9. a certificate of medical examination of a foreigner on the absence of diseases, the presence of which prohibits the entry of foreigners and stateless persons into 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 the entry of foreigners and stateless persons into the Republic of Kazakhstan";
  10. minors aged from 14 to 18 years old, a notarized written consent is attached to the parents' application;
  11. four photos of 3.5x4.5 cm in size;
  12. document on payment of the state fee.

The total term of consideration of the application is 3 months.

Standard procedure for obtainment of citizenship

Foreigners who do not comply with conditions of citizenship provision under the facilitated procedure, which were enlisted in the first section of the material, obtain a citizenship under the standard procedure.

Pursuant to the standard procedure, foreigners should apply with an application to a local agency of migration service at the place of permanent residence. An application is to be submitted to the name of the President of the Republic of Kazakhstan and the following documents should be enclosed:

  • application in the  prescribed format;
  • autobiography;
  • four photographs (3,5 х 4,5 cm);
  • liability on observance of terms stipulated by the Article 1 of the "Law on Citizenship of the Republic of Kazakhstan";
  • copy of an ID document that certifies the affiliation with citizenship of other country, stateless person certificate, childbirth certificate;
  • document certifying the payment of national duty in the amount of 1 MCI / document certifying exemption from payment of national duty;
  • certificate of statelessness/citizenship termination issued by an authorized agency of another country.

Procedure for consideration of application  

Internal affairs agencies issue a statement based on the submitted documents and forward all the materials to the State and Legal Department under the Executive Office of the President of the Republic of Kazakhstan.

The total term of application consideration takes 6 months.

Submission of application for the underage and legally incapable individuals

For the children under 18 years old and legally incapable individuals, a notarized application on conferment into Kazakhstani citizenship is submitted by legal representatives (parents, adoptive parents, custodians. The following should be enclosed to the application: copy of childbirth certificate; document certifying the authorities of legal representative for a legally incapable individual. For children aged 14-18, a separate consent is required signed by a child and notarized.

In case of positive resolution, i.e. conferment into Kazakhstani citizenship, foreigners get an abstract that allows obtaining the national ID and passport of the Republic of Kazakhstan citizen.

In addition to the listed documents, they are represented by:

  • persons who meet the requirements of the list of professions and requirements for persons in respect of whom a simplified procedure for admission to citizenship of the Republic of Kazakhstan is established, approved by Decree of the President of the Republic of Kazakhstan dated June 6, 2005 No. 1587 - petition of the relevant state body;
  •  A person applying for citizenship of the Republic of Kazakhstan, at the time of filing the application (application) married to a citizen of the Republic of Kazakhstan, submits a notarized copy of the marriage certificate.
  •  Citizens of the former Soviet republics who arrived in the Republic of Kazakhstan for permanent residence and have one of the close relatives - citizens of the Republic of Kazakhstan submit documents certifying the degree of kinship with citizens of the Republic of Kazakhstan (birth certificate, marriage certificate, etc.).

What can be the reasons for refusal to confer a citizenship?

There are a number of reasons that prevents from obtaining the Republic of Kazakhstan citizenship:

  • perpetration of crime against humankind, conscious opposition against sovereignty and independence of the Republic of Kazakhstan;
  • plea for disturbance of unanimity and integrity of the Republic of Kazakhstan territory;
  • performance of illegal activities that are detrimental to national security and citizens health;
  • incitement of interethnic, interconfessional and religious hatred and prevents the usage of the Republic of Kazakhstan national language;
  • belonging to terrorist and extremist organizations or conviction for terrorist activities;
  • be on an international wanted list, service of sentence on court verdict that came into force or actions are considered by court as highly dangerous backslide;
  • citizenship of other countries;
  • provision of false information when submitting an application for adoption of the Republic of Kazakhstan citizenship or failure to provide the required documents without reasonable excuse within terms provided by the Republic of Kazakhstan legislation;
  • availability of unexpunged or unspent convictions for committing an intentional crime on the territory of the Republic of Kazakhstan or outside the country but that is deemed as crime pursuant to the Republic of Kazakhstan legislation;
  • crime in the field of economy within five years prior to submission of application for the Republic of Kazakhstan citizenship or restoration of citizenship of the Republic of Kazakhstan;
  • repeated violation of the Republic of Kazakhstan legislation in the field of migration within five years prior to submission of application for the Republic of Kazakhstan citizenship or restoration of citizenship of the Republic of Kazakhstan;
  • if they have lost citizenship of the Republic of Kazakhstan on the basis of sub-paragraphs 1), 2) and 5) of Article 21 of the Law within five years before applying for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan;
  • has lost the citizenship of the Republic of Kazakhstan on the basis of subparagraph 8) of the first part of Article 21 of the Law "On Citizenship of the Republic of Kazakhstan"
  • deprived of citizenship on the basis of Article 20-1 of the Law.

How a citizenship can be obtained by ethnic Kazakhs studying in Kazakhstani universities?

Ethnic Kazakhs studying in Kazakhstani universities can obtain a citizenship under the facilitated procedure.

They should apply to a local agency of migration service at the place of permanent residence and submit the following documents:

  1. Notarized application on refusal from former citizenship.
  2. Application in the prescribed format.
  3. Four photographs (3,5 х 4,5 cm).
  4. Liability on observance of terms stipulated by the Article 1 of the "Law on Citizenship of the Republic of Kazakhstan";
  5. Autobiography;
  6. Copy of an ID document that certifies the affiliation with citizenship of foreign country;
  7. document on payment of the state duty or exemption its payment;
  8. Abstract certifying ethnicity;
  9. certificate from the university confirming the fact of training.

The total term of consideration of the application is 3 months.

How a citizenship can be obtained by citizens of Russia, Belarus and Kyrgyzstan?

Citizens of the Russian Federation, Belarus and Kyrgyzstan can obtain a citizenship under the facilitated procedure.

Each of the abovementioned countries should provide the facilitated procedure for adoption of citizenship on the territory of another country upon compliance with one of the following conditions:

  • if an applicant had a citizenship of Belarus SSR, Kazakh SSR, Kyrgyz SSR or RSFSR in conjunction with USSR citizenship and was born and resided on the territory of a country of which the citizenship is to be adopted until December 21, 1991;
  • upon availability of a close relative permanently residing on the territory of a country of which the citizenship is to be adopted (spouse; one of the parents (adoptive parents); child (including an adopted one); siblings; grandfather or grandmother; grandson or granddaughter.

The facilitated procedure is applicable to the citizens of the mentioned states irrespective of term of residence on the territory of the Republic of Kazakhstan.

Citizens of the mentioned countries should apply to a local agency of migration service at the place of permanent residence and submit the following documents:

  • application in the prescribed format;
  • notarized application on refusal from former citizenship;
  • four photographs (3,5 х 4,5 cm);
  • autobiography;
  • liability on observance of terms stipulated by the Article 1 of the "Law on Citizenship of the Republic of Kazakhstan";
  • copy of an ID document that certifies the affiliation with citizenship of country that is a member of the Agreement;
  • notarized copy of birth certificate/certificate of marriage;
  •  a document on the payment of the state fee or exemption from its payment.

The total term of application consideration takes 3 months.

Who and how can become a citizen of the Republic of Kazakhstan

Citizenship of the Republic of Kazakhstan is acquired: 

  • by birth;
  • as a result of admission to the citizenship of the Republic of Kazakhstan;
  • on the grounds or in accordance with the procedure provided for by interstate treaties of the Republic of Kazakhstan;
  • on other grounds provided for by this Law.

The generally established procedure for admission to citizenship of Kazakhstan.

The citizenship of the Republic of Kazakhstan may be accepted:

1) persons permanently residing in the territory of the Republic of Kazakhstan for at least five years (at the time of filing an application for citizenship, the five-year period of residence in the Republic of Kazakhstan must be continuous); married to a citizen of the Republic of Kazakhstan (residing for at least 3 years);

2) citizens of the former Soviet republics who arrived in the Republic of Kazakhstan for permanent residence and have one of their close relatives who lives in Kazakhstan and is a citizen of the Republic of Kazakhstan. 

The simplified procedure applies to:

Citizens of the Russian Federation, citizens of Belarus, citizens of Kyrgyzstan permanently residing in the Republic of Kazakhstan in the presence of one of the conditions specified in Article 1 of the Agreement between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation on a simplified procedure for acquiring Citizenship:

a) if the applicant was a citizen of the Byelorussian SSR, Kazakh SSR, Kyrgyz SSR or RSFSR and at the same time a citizen of the former USSR, was born or resided on the territory of the Party to acquire citizenship before December 21, 1991;

b) if the applicant has one of the close relatives permanently residing in the territory of the acquired citizenship and who are its citizens: spouse, one of the parents (adoptive parents), child (including adopted), sister, brother, grandfather or grandmother, grandson or granddaughter.

Also, in accordance with the Convention on the Citizenship of a Married Woman, permanently residing foreign women married to a citizen of the Republic of Kazakhstan have the right to apply for admission to the citizenship of the Republic of Kazakhstan in a simplified manner;

The citizenship of the Republic of Kazakhstan in a simplified (registration) procedure may be accepted:

  • candace permanently residing in the territory of the Republic of Kazakhstan on legal grounds, regardless of the length of residence;
  • rehabilitated victims of mass political repressions, as well as their descendants, deprived or lost citizenship without their free will, permanently residing in the territory of the Republic of Kazakhstan on legal grounds, regardless of the period of residence;
  • ethnic Kazakhs studying in higher educational institutions of the Republic of Kazakhstan.

The term of consideration of materials on the acquisition of citizenship in a simplified (registration) procedure should not exceed three months from the date of submission of the application.

Foreigners wishing to take citizenship of the Republic of Kazakhstan, but not falling under Article 16-1 of the Law "On Citizenship of the Republic of Kazakhstan", as well as in the absence of the conditions specified in the Agreement and Convention, have the right to apply for citizenship in a generally established manner, in which the period of consideration of the application is 6 months.

How a citizenship can be obtained by victims of political repressions and their descendants?

Victims of political repressions and their descendants can obtain a citizenship under the facilitated procedure.

They should apply to a local agency of migration service at the place of permanent residence and submit the following documents:

  1. Notarized application on refusal from former citizenship.
  2. Application in the prescribed format.
  3. Four photographs (3,5 х 4,5 cm).
  4. Liability on observance of terms stipulated by the Article 1 of the "Law on Citizenship of the Republic of Kazakhstan";
  5. Autobiography;
  6. Copy of an ID document that certifies the affiliation with citizenship of foreign country.
  7. document on payment of the state duty or exemption its payment;
  8. a court decision on rehabilitation or documents confirming that they are descendants of victims of political repression.

The total term of consideration of the application is 3 months.