On approval of the Rules for entry and stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan and the Rules of migration control, as well as registration of foreigners and stateless persons illegally crossing the State Border of the Republic of Kazakhstan, illegally staying in the Republic of Kazakhstan, and also persons who are prohibited from entering the territory of the Republic of Kazakhstan

Updated Unofficial translation

Resolution of the Government of the Republic of Kazakhstan No.148, dated January 21, 2012.

      Unofficial translation

      In accordance with subparagraph 7) of Article 8 and paragraph 2 of Article 58 of the Law of the Republic of Kazakhstan of July 22, 2011 "On Migration" the Government of the Republic of Kazakhstan RESOLVES THAT:

      1. The attached hereto:

      1) Rules of entry and stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan;

      2) Rules of migration control, as well as registration of foreigners and stateless persons illegally crossing the State Border of the Republic of Kazakhstan, illegally staying in the Republic of Kazakhstan, and also persons who are prohibited from entering the territory of the Republic of Kazakhstan.

      2. Some decisions of the Government of the Republic of Kazakhstan declared to be no longer in force in accordance with the annex to this resolution.

      This Law shall be enforced within ten calendar days after its first official publication.

      Prime Minister
      of the Republic of Kazakhstan K. Massimov

  Approved
by Resolution of the Government
of the Republic of Kazakhstan
No. 148, dated January 21, 2012.

Rules of entry and stay of immigrants in the Republic of Kazakhstan,
as well as their departure from the Republic of Kazakhstan

      Footnote. Rules as amended by the Resolution of the Government of the Republic of Kazakhstan No. 190, dated 07.04.2016 (shall be enforced upon the expiry of ten calendar days after its first official publication).

1. General Provisions

      1.These Rules of entry and stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan (hereinafter - the Rules) are developed in accordance with the Constitution of the Republic of Kazakhstan, the Constitutional Law of the Republic of Kazakhstan of December 7, 2015 "On the International Financial Center" Astana ", the laws of the Republic Kazakhstan of July 22, 2011 “On Migration of the Population”, dated June 19, 1995 “On the Legal Status of Foreigners” and determine the procedure of entry and stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan.

      Footnote. Paragraph 1 as amended by Resolution of the Government of the Republic of Kazakhstan No. 838 dated 23.12.2016 (shall be enforced since 01.01.2017).

      2. Violation of the norms of these Rules entails liability provided for by laws of the Republic of Kazakhstan.

      3. The reduction of the length of stay of immigrants in the Republic of Kazakhstan and expulsion from the Republic of Kazakhstan are made on the grounds provided for by the migration law of the Republic of Kazakhstan.

      4. If an international treaty ratified by the Republic of Kazakhstan establishes the rules other than those contained in this Code, then the rules of the international treaty will apply.

2. Rules of entry and stay of immigrants in the Republic of
Kazakhstan, as well as their departure from the Republic of Kazakhstan

      5. Immigrants enter the Republic of Kazakhstan and leave the Republic of Kazakhstan through checkpoints at the State Border of the Republic of Kazakhstan, open for international and passenger traffic, by passports or documents replacing them (hereinafter-passports) with visas of the Republic of Kazakhstan, unless otherwise established by legislation of Republic of Kazakhstan and / or international treaties ratified by the Republic of Kazakhstan.

      The validity of the visa expires at least three months before the expiry of the immigrant's passport.

      6. The permitted period of stay of immigrants in the Republic of Kazakhstan shall end:

      for immigrants arriving in the Republic of Kazakhstan in a visa-free manner - after thirty calendar days from the date of crossing the state border of the Republic of Kazakhstan, for a total of ninety calendar days within each period of one hundred and eighty calendar days, unless otherwise stipulated by an agreement of the Republic of Kazakhstan with the respective party or the Government of the Republic of Kazakhstan;

      for citizens of member states of the Eurasian Economic Union - after ninety calendar days from the date of crossing the state border of the Republic of Kazakhstan, cumulatively ninety calendar days within each period of one hundred and eighty calendar days;

      for immigrants arriving on a visa to enter the Republic of Kazakhstan - on expiry of the visa;

      for citizens of states that have ratified international treaties with Kazakhstan specifying other periods of stay, upon the expiry of the periods specified in those treaties;

      for immigrants who have been issued a temporary residence permit - upon expiry of this permit;

      for immigrants who have been held administratively liable for previous violations of the term of stay in the Republic of Kazakhstan - after fifteen calendar days after the decision to hold them administratively liable has been issued;

      for immigrants sentenced for a criminal offence, ten calendar days after they have served their sentence or been released from punishment, unless they are expelled on the basis of a court order;

      for immigrants who have permanently resided in Kazakhstan and have drawn up documents to leave Kazakhstan for permanent residence abroad - thirty calendar days after drawing up the documents;

      for immigrants who have reported, under the procedure established by criminal procedure law, the commission against them of acts recognised as serious or especially serious offences under the Criminal Code of the Republic of Kazakhstan - thirty calendar days after the examination of the statement under the criminal procedure legislation of the Republic of Kazakhstan;

      for immigrants sentenced by the courts of Kazakhstan to penalties not connected with isolation from society, and for those released on parole: upon expiry of fifteen calendar days after the completion of the sentence or the part of the sentence not served;

      for immigrants who have been recognised as victims or witnesses in criminal cases of such offences under the procedure laid down in criminal procedure law, the period of stay is extended for the period necessary for the investigation of the criminal case, but for a maximum of ninety calendar days;

      in exceptional cases (social, natural or man-made emergencies and the declaration of a state of emergency due to the real threat of a natural disaster or large-scale accident (catastrophe), as well as violations of the transport schedule) - the period of stay is extended by the period necessary to arrange the departure, but for no longer than thirty calendar days.

      Immigrants referred to in paragraphs 7, 8, 9, 10, 11, 12, 13 of this paragraph shall be provided a notification by the internal affairs authorities as per the Annex hereto, prior to the expiry of which the immigrant shall leave the Republic of Kazakhstan.

      For immigrants mentioned in paragraphs 2, 3, 5 of this paragraph, the calculation of the period of stay permitted to them upon entry into the Republic of Kazakhstan shall be made by calculating from the date of actual entry one hundred eighty calendar days ago.

      Note!
      The paragraph of the sixteenth paragraph 6 was suspended until 01.09.2024 by the Decree of the Government of the Republic of Kazakhstan dated 26.09.2023 № 837 (effective after ten calendar days after the date of its first official publication).

      In case an immigrant is found to have exceeded the permitted period of stay upon entry, a decision shall be taken to refuse entry under paragraph 1) of Article 48 of the Law of the Republic of Kazakhstan “On Migration”.

      When immigrants indicated in paragraphs 2, 3, 5 of this paragraph are staying in the territory of the Republic of Kazakhstan, the calculation of the permitted period of stay shall be made by deducting one hundred eighty calendar days back from the day of verification (the day on which the legality of the immigrant's stay in the territory of the Republic of Kazakhstan must be determined).

      For immigrants specified in paragraphs 2, 3, 5 of this paragraph, the calculation of the period of stay allowed to them when leaving the Republic of Kazakhstan shall be made by deduction from the date of actual departure one hundred and eighty calendar days ago.

      The same procedure for calculating the period of stay shall be applied to immigrants mentioned in paragraph 17 hereof.

      The requirements under paragraphs 2, 3, 5 of this paragraph shall not be applicable to immigrants who have duly obtained a temporary residence permit.

      Immigrants residing or working on leased territories from the Republic of Kazakhstan shall be recorded in the Information System of the Migration Service (hereinafter - IS MF) when leaving the leased territory based on identity documents and registration at the place of residence in the leased territory. The date of entry into the Republic of Kazakhstan shall be the date of departure from the leased territory.

      Footnote. Paragraph 6 - as reworded by Decree of the Government of the Republic of Kazakhstan No. 1146 of 31.12.2022 (shall be enacted ten calendar days after the date of its first official publication).

      7. Immigrants temporarily staying in the Republic of Kazakhstan shall be prohibited from engaging in labour activities without relevant permits issued by the local executive authority, unless otherwise stipulated by the laws of the Republic of Kazakhstan on migration and/or international treaties ratified by the Republic of Kazakhstan.

      Footnote. Paragraph 7 - as reworded by Decree of the Government of the Republic of Kazakhstan No. 111 of 04.03.2022 (shall enter into force ten calendar days after the date of its first official publication).

      8.Entry into the Republic of Kazakhstan and departure from the Republic of Kazakhstan of immigrants is prohibited on the grounds established by the legislative acts of the Republic of Kazakhstan in the field of migration.

      9. Immigrants shall be registered by the internal affairs authorities based on data from receiving persons as well as from the National Security Committee of the Republic of Kazakhstan coming from the state border crossing points of the Republic of Kazakhstan.

      Receiving persons shall inform the internal affairs authorities of immigrants staying with them within three working days of their arrival.

      Immigrants shall be registered using their identity documents.

      Footnote. Paragraph 9 as reworded by Decree of the Government of the Republic of Kazakhstan No. 342 of 02.06.2020 (shall become effective ten calendar days after the date of its first official publication).

      10. Temporary residence permits shall be issued based on applications from:

      1) natural persons to whom immigrants come seeking family reunification;

      2) natural or legal persons who have entered into an employment contract with an immigrant as prescribed by law;

      3) educational organisations implementing general secondary, technical and vocational, post-secondary, higher and postgraduate education programmes, including organised student exchange programmes and preparatory courses, enrolling immigrants as full-time students;

      4) health care organisations where immigrants are receiving inpatient treatment;

      5) religious organisations where immigrants are legally engaged in missionary work;

      6) local executive authorities - immigrants arriving for the purpose of engaging in business activities under the laws of the Republic of Kazakhstan (business immigrants).

      A temporary residence permit shall be granted for a period not exceeding the period of validity of the immigrant's national passport.

      A temporary residence permit shall be granted by entering the relevant information into the Berkut Unified Information System (Berkut UIS) with the issuance of a temporary residence permit to the immigrant.

      Immigrants for whom a permit for the recruitment of foreign labour has been issued under the procedure established by the laws of the Republic of Kazakhstan in the area of migration shall be granted a temporary residence permit, as well as their family members for the period of validity of the permit.

      In compliance with the laws of the Republic of Kazakhstan in the field of migration and/or international treaties ratified by the Republic of Kazakhstan, immigrants who are not required to obtain the permits mentioned in part four of this paragraph, as well as their family members, shall be granted a temporary residence permit for one year with the possibility of annual renewal, but may not exceed the duration of an employment contract or civil law contract for the performance of work (provision of services).

      Immigrants arriving in the Republic of Kazakhstan from countries that have ratified international treaties on visa-free entry and stay with a view to engage in the activities of the Astana International Financial Centre (hereinafter the AIFC) and their family members shall be granted a temporary residence permit for one year with a possibility of annual extension, but may not exceed the term of the employment contract or civil law contract for the performance of work (provision of services).

      Investment residents of AIFC who come from states that have ratified international treaties on visa-free entry and stay and their family members shall be granted a temporary residence permit at the request of the AIFC administration for one year with a possibility of annual renewal, but for a maximum of five years. However, the period of validity of the temporary residence permit of the family members of the investment resident may not exceed the period of validity of the investment resident's temporary residence permit.

      Immigrants arriving for the purpose of studies, training and (or) internships shall be granted a temporary residence permit for one year but may not exceed the period of studies, training or internships.

      Immigrants arriving in Kazakhstan with a view to family reunification shall be granted a temporary residence permit based on the application of the inviting persons for the period envisaged by the Law of the Republic of Kazakhstan of July 22, 2011 “On Migration”.

      Immigrants undergoing inpatient treatment in health care facilities shall be granted a temporary residence permit upon application ( health certificate) from a health care organisation for the period necessary for the treatment.

      Records of asylum seekers and refugees shall be kept under the procedure established by the laws of the Republic of Kazakhstan on refugees.

      Business immigrants arriving from states that have entered into international treaties ratified by the Republic of Kazakhstan on a visa-free regime for entry and stay, as well as their family members, shall be granted a temporary residence permit at the request of the local executive authority for one year, renewable annually, but not for more than three years.

      Immigrants involved in missionary activities as prescribed by law shall be issued a temporary residence permit at the request of religious organisations registered in the Republic of Kazakhstan for the period specified in the application, but for no longer than one year.

      Immigrants shall be exempt from obtaining a temporary residence permit:

      those arriving in the Republic of Kazakhstan with a visa from the Republic of Kazakhstan;

      those in possession of a diplomatic or service passport;

      those under the age of 16.

      In the event of an immigrant changing his or her temporary place of residence in Kazakhstan, the receiving person shall notify the internal affairs authorities thereof within three working days.

      Footnote. Paragraph 10 - as reworded by Decree of the Government of the Republic of Kazakhstan No. 807 of 10.10.2022 (shall be put into effect ten calendar days after the date of its first official publication).

      11. Immigrants who have applied to the internal affairs authorities for a permanent residence permit in the Republic of Kazakhstan shall be granted a temporary residence permit for the period required for the examination of the application, but for no longer than ninety calendar days.

      Footnote. Paragraph 11 as reworded by Decree of the Government of the Republic of Kazakhstan No. 342 of 02.06.2020 (shall enter into force ten calendar days after the date of its first official publication).
      12. Excluded by Decree of the Government of the Republic of Kazakhstan No. 342 of 02.06.2020 (shall be enforced ten calendar days after the date of its first official publication).

      13. Immigrants arriving for the purpose of employment shall be categorised as follows:

      1) foreign employees - immigrants:

      those arriving for self-employment in professions in demand in priority sectors of the economy (economic activities);

      those engaged by employers to work in the territory of the Republic of Kazakhstan including those arriving as part of an intra-corporate transfer;

      2) business immigrants - immigrants who have arrived for the purpose of engaging in business activities under the laws of the Republic of Kazakhstan;

      3) seasonal foreign employees - immigrants hired by employers for a period not exceeding one year to perform seasonal work, which because of climatic or other natural conditions is performed during a certain period (season), pursuant to the list of occupations approved by the competent authority for population migration in agreement with the competent public authorities in charge of the respective sphere of public administration;

      4) labour immigrants - immigrants who have arrived in the Republic of Kazakhstan as domestic workers for the purpose of performing work (services) for employers - natural persons in the household based on a permit for a labour immigrant.

      Footnote. Paragraph 13 as reworded by Decree of the Government of the Republic of Kazakhstan No. 691 of 22.10.2020 (shall take effect ten calendar days after the date of its first official publication).

      14. Involvement of foreign labour force as well as implementation of labour activities by immigrants temporarily staying in the Republic of Kazakhstan shall be performed upon permission of the local executive authority within the quota established by the competent authority for population migration issues, unless otherwise stipulated by the laws of the Republic of Kazakhstan on population migration and/or international treaties of the Republic of Kazakhstan ratified by the Republic of Kazakhstan.

      Footnote. Paragraph 14 - as reworded by Decree of the Government of the Republic of Kazakhstan No. 111 of 04.03.2022 (shall come into force ten calendar days after the date of its first official publication).

      15. In case that business immigrants do not fulfill the obligations established by the Law of the Republic of Kazakhstan of July 22, 2011 “On Migration”, the internal affairs bodies, on the grounds of a petition from local executive bodies, decide to reduce the period of stay of business immigrants by the period necessary for their voluntary departure.

      16. Seasonal foreign workers, immigrants arriving for humanitarian reasons shall apply for a temporary residence permit on general grounds, unless otherwise envisaged by the laws of the Republic of Kazakhstan on migration and/or international treaties ratified by the Republic of Kazakhstan.

      Footnote. Paragraph 16 as reworded by Decree of the Government of the Republic of Kazakhstan No. 691 of 22.10.2020 (shall be put into effect ten calendar days after the date of its first official publication).

3. The order of entry and stay of citizens from individual foreign
states in the Republic of Kazakhstan,
as well as their departure from the Republic of Kazakhstan

      Note!
      Paragraph 17 is suspended until 11:59 p.m. of 31.12.2021 by Decree of the Government of the Republic of Kazakhstan No. 220 of 17.04.2020.

      17. Citizens of the Commonwealth of Australia, United States of America, Republic of Austria, Kingdom of Bahrain, Kingdom of Belgium, Republic of Bulgaria, United Arab Emirates, Holy See of Vatican, Socialist Republic of Vietnam, Federal Republic of Germany, Hellenic Republic, Kingdom of Denmark, New Zealand, Japan, Republic of Israel, Republic of Ireland, Republic of Iceland, Republic of Indonesia, Italian Republic, Canada, State of Qatar, Republic of Colombia, Republic of Korea, Republic of Cyprus, Republic of Kuwait, Republic of Latvia, Republic of Lithuania, Principality of Liechtenstein, Grand Duchy of Luxembourg, Hungary, Malaysia, Republic of Malta, United States of Mexico, Principality of Monaco, Kingdom of the Netherlands, Kingdom of Norway, Sultanate of Oman, Republic of Poland, Portuguese Republic, Romania, Kingdom of Saudi Arabia, Republic of Singapore, Slovak Republic, Republic of Slovenia, Kingdom of Thailand, Republic of Turkey, United Kingdom of Great Britain and Northern Ireland, Republic of the Philippines, Republic of Finland, French Republic, Republic of Croatia, Czech Republic, of the Republic of Chile, the Swiss Confederation, the Kingdom of Sweden and the Republic of Estonia shall enter and leave the Republic of Kazakhstan without a visa if their period of stay in the Republic of Kazakhstan does not exceed thirty calendar days after crossing the state border of the Republic of Kazakhstan, for a total of ninety calendar days within each period of one hundred and eighty calendar days.

      Citizens of the Islamic Republic of Iran, the People's Republic of China and the Republic of India shall enter and leave the Republic of Kazakhstan without a visa if their period of stay in the Republic of Kazakhstan does not exceed fourteen calendar days after crossing the state border of the Republic of Kazakhstan, forty-two calendar days in total during each period of one hundred and eighty calendar days.

      Footnote. Paragraph 17 as reworded by Decree of the Government of the Republic of Kazakhstan No. 342 of 02.06.2020 (shall become effective on the expiry of ten calendar days after its first official publication); as amended by Decree of the Government of the Republic of Kazakhstan No. 464 of 07.07.2022 (shall take effect from the date of its first official publication).

      18. If citizens of the states mentioned in the first part of paragraph 17 hereof submit applications for extension of stay in the territory of the Republic of Kazakhstan for more than thirty calendar days for business purposes, the internal affairs authorities of the Republic of Kazakhstan shall grant single-entry visas of the business category for a period up to thirty calendar days.

      Footnote. Paragraph 18 - as reworded by Decree of the Government of the Republic of Kazakhstan No. 464 of 07.07.2022 (shall be put into effect from the date of its first official publication).

      19. The internal affairs bodies of the Republic of Kazakhstan, upon request of the authorized investment body, confirming the status of an investor to citizens of the countries specified in article 17 of these Rules, issue one-time investment visas for up to ninety calendar days.

      19-1. Upon an application of the AIFC administration confirming the investment resident status of citizens of the states indicated in paragraph 17 hereof, the internal affairs authorities of the Republic of Kazakhstan shall issue visas of the investor category for up to five years, as well as extend their validity period.

      Footnote. The Rules have been supplemented by paragraph 19-1 as per Decree of the Government of the Republic of Kazakhstan No. 140 of 17.03.2021 (shall be brought into force ten calendar days after the date of its first official publication).

      20. Migrant workers from member states of the Eurasian Economic Union and members of their families shall arrive in the Republic of Kazakhstan without visas, as well as stay in and leave the Republic of Kazakhstan without visas during the permitted period of stay referred to in paragraph 10 hereof.

      Footnote. Paragraph 20 as reworded by Decree of the Government of the Republic of Kazakhstan No. 691 of 22.10.2020 (shall come into force ten calendar days after the date of its first official publication).

      21. Foreigners sentenced to imprisonment by Kazakhstan's courts shall remain in the Republic of Kazakhstan without visas or temporary residence permits.

      Footnote. Paragraph 21 as reworded by Decree of the Government of the Republic of Kazakhstan No. 342 of 02.06.2020 (shall become effective on the expiry of ten calendar days after its first official publication).

4. Movement and transit of immigrants through the territory of the
Republic of Kazakhstan and the choice of their place of residence
in the Republic of Kazakhstan

      22. Immigrants are free to move within the territory of the Republic of Kazakhstan, open for foreigners to visit, and elect a place of residence in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of migration. Restrictions on movement and choice of residence are established by the Government of the Republic of Kazakhstan in accordance with subparagraph 7) of Article 7 of the Law of the Republic of Kazakhstan "On State Secrets".

      23. The procedure for the movement of foreigners in the Republic of Kazakhstan, as well as their entry into certain areas (territories) closed to foreigners, is determined by the Ministry of Internal Affairs of the Republic of Kazakhstan in coordination with the Committee of National Security of the Republic of Kazakhstan.

      24. For entry into the Republic of Kazakhstan and departure from the Republic of Kazakhstan of immigrants passing through the territory of the Republic of Kazakhstan in transit, transit visas of the Republic of Kazakhstan are issued.

      25. Transit travel of foreigners through the territory of the Republic of Kazakhstan is allowed for a period of not exceeding five days if they have documents (visa) valid for entry into a third country.

      26. Foreigners passing through the territory of the Republic of Kazakhstan in transit to a country with which the state of their citizenship has an agreement on visa-free entry shall issue a transit visa of the Republic of Kazakhstan.

      26-1. Excluded by Decree of the Government of the Republic of Kazakhstan No. 464 of 07.07.2022 (shall be enacted from the date of its first official publication).

      27. If there is a breach of the law of the Republic of Kazakhstan in the field of migration or if there are no further grounds for immigrants to stay in the Republic of Kazakhstan, the period of their stay in the Republic of Kazakhstan shall be shortened.

      Immigrants who infringe the rules of stay in the Republic of Kazakhstan, i.e. who live without residence documents or with invalid documents, who evade departure at the end of their defined period of stay, as well as who do not observe the rules for transit through the territory of the Republic of Kazakhstan, shall be administratively liable under the laws of the Republic of Kazakhstan in the field of population migration.

      In the event of breaches of the laws of the Republic of Kazakhstan in the field of migration at the state border checkpoints of the Republic of Kazakhstan, resulting in a warning or a fine, and if a foreigner or stateless person admits an offence, the foreigner or stateless person shall leave the country based on a procedural decision issued by internal affairs authorities or the Border Guard Service of the National Security Committee of the Republic of Kazakhstan.

      Footnote. Paragraph 27 as reworded by Decree of the Government of the Republic of Kazakhstan No. 342 of 02.06.2020 (shall become effective on the expiry of ten calendar days after its first official publication).

      28. Decisions to reduce the period of stay of immigrants in the Republic of Kazakhstan shall be made by the internal affairs bodies.

      29. If the court decides to expel foreigners and stateless persons, they may be detained and held in special facilities of the internal affairs authorities for the period required for organising the expulsion, but for a maximum of thirty days.

      Footnote. Paragraph 29 as reworded by Decree of the Government of the Republic of Kazakhstan No. 140 of 17.03.2021 (shall be put into effect ten calendar days after the date of its first official publication).

      30. An immigrant can appeal in civil proceedings against the decision to expel him from the Republic of Kazakhstan.

      31. The issue of liability for violating the order of stay by immigrants enjoying privileges and immunities, in accordance with the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan, as well as reducing the length of their stay in the Republic of Kazakhstan is resolved through diplomatic channels.

      32. Immigrants revealed and identified as victims of trafficking in human beings on the territory of the Republic of Kazakhstan shall not be deported from the Republic of Kazakhstan to their state of origin (foreigner's country of citizenship) until the process of providing the guaranteed scope of special social services under the current laws of the Republic of Kazakhstan on the provision of special social services, during which time they decide to apply to law enforcement authorities and cooperate with them.

      Footnote. Chapter 4 has been supplemented with paragraph 32 as per Decree of the Government of the Republic of Kazakhstan No. 807 dated 10.10.2022 (shall enter into force ten calendar days after the date of its first official publication).

  Annex
  to the Rules for the Entry and Stay of Immigrants
in the Republic of Kazakhstan and their Departure
from the Republic of Kazakhstan as well as the Rules
for Migration Control and Registration of Foreigners
and Stateless Persons Illegally Crossing the State Border
of the Republic of Kazakhstan, Illegally Residing
in the Republic of Kazakhstan and Persons Prohibited
from Entering the Territory of the Republic of Kazakhstan

      Footnote. The Rules have been supplemented by the Annex as per Decree of the Government of the Republic of Kazakhstan No. 342 of 02.06.2020 (shall be enacted ten calendar days after the date of its first official publication).

      Notification No.__________

      Full name: _______________________________________________________

      (surname, name, patronymic (if any) according to the passport in Latin or Cyrillic characters)

      Passport No.: __________________________________________________

      (the foreigner's passport series and number)

      Nationality: _________________________________________________

      (foreigner's nationality)

      Staying period: from "__" _______ 20__ to "__" _______ 20__

      Address of residence in the Republic of Kazakhstan: ________________________________________

      (full address)

      Authority issuing the notification: __________________________________

      (the name of the police department)

      Responsible officer: ______________________________________

      Date of issue: "___" _________ 20___


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THE DOCUMENT IS VALID WHEN
PRESENTED WITH
A NATIONAL PASSPORT


 
  Approved
by Resolution of the
Government of the
Republic of Kazakhstan
No. 148, dated January 21, 2012

Rules of the
migration control, as well as registration of
foreigners and stateless persons illegally crossing the
State border of the Republic of Kazakhstan,
illegally residing in the territory of the Republic of Kazakhstan, as well as
persons prohibited from entering the territory of the Republic of Kazakhstan
1. General provisions

      1. These Rules are developed in accordance with the Constitution of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan of July 22, 2011 "On Migration of the Population", of June 19, 1995 "On the Legal Status of Foreigners" (hereinafter - the Rules) and determine the procedure of:

      1)Realization of migration control;

      2) registration of foreigners and stateless persons illegally crossing the State Border of the Republic of Kazakhstan, illegally staying on the territory of the Republic of Kazakhstan, as well as persons who are prohibited from entering the territory of the Republic of Kazakhstan.

      2. Control over compliance with the requirements of these Rules by foreigners and stateless persons, as well as officials and citizens of the Republic of Kazakhstan shall be carried out by the internal affairs bodies of the Republic of Kazakhstan (hereinafter-internal affairs bodies) in cooperation with the national security bodies of the Republic of Kazakhstan (hereinafter-national security bodies) .

2. Realization of migration control

      3. Migration control over the order of stay in the Republic of Kazakhstan of foreigners and stateless persons is carried out by the internal affairs bodies.

      4. Immigrants shall be registered by the internal affairs authorities at the place of temporary residence of immigrants, including by obtaining information via the Berkut UIS, the visa and migration portal (www.vmp.gov.kz) of the Berkut UIS, the e-Qonaq Information System (www.eqonaq.kz) and the information system of the Ministry of Internal Affairs of the Republic of Kazakhstan.
      Foreigners entering with a visa of the Republic of Kazakhstan when crossing the state border shall be automatically recorded using the Berkut UIS at the address given by the inviting party when issuing the invitation.
      Natural and legal persons receiving immigrants shall enter data into the Berkut UIS visa and migration portal using a personal electronic digital signature via the websites www.vmp.gov.kz or egov.kz or give notifications when directly contacting the migration service offices or send them by post. Notifications on the stay of foreigners and stateless persons may also be submitted via the e-Qonag Information System through the website www.eqonaq.kz by users of the said system.
      Footnote. Paragraph 4 - as reworded by Decree of the Government of the Republic of Kazakhstan No. 111 of 04.03.2022 (shall become effective ten calendar days after the date of its first official publication).

      5. In the course of migration control, internal affairs officers shall:

      1) check whether a foreigner has a national passport, visa or temporary residence permit, and foreigners permanently residing in the Republic of Kazakhstan and stateless persons have residence permits or stateless person certificates;

      2) monitor the timely departure of foreigners abroad or the extension of their residence in the Republic of Kazakhstan;

      3) check for permits to stay in areas closed to free entry to foreigners.

      Footnote. Paragraph 5 as reworded by Decree of the Government of the Republic of Kazakhstan No. 342 of 02.06.2020 (shall be enacted ten calendar days after the date of its first official publication).

      6. Internal affairs officers control:

      1) at the place of permanent residence or temporary stay of foreigners;

      2) at the place of work or study of foreigners;

      3) air, rail, and other types of transport;

      4) on the streets and in public places.

      7. Control can be conducted by:

      1) by passing the living quarters of citizens;

      2) inspecting hostels and hotels and other places of probable residence of foreigners;

      3) train escort;

      4) vehicle inspections;

      5) preventive and special measures;

      6) using other forms and methods provided by the current legislation.

      8. The court decision on expulsion from the Republic of Kazakhstan shall be enforced by means of controlled self-departure of the expelled person from the Republic of Kazakhstan using the Berkut UIS.

      Foreigners or stateless persons shall be forcibly removed by a court decision unilaterally with a certificate of removal drawn up, or by handing over to a representative of the authority of the foreign state to the territory of which the person in question is being removed.

      Foreigners or stateless persons shall be expelled under a court ruling (verdict) on expulsion.

      For persons expelled from the Republic of Kazakhstan, the court ruling on expulsion shall serve as a document that replaces the visa and temporary residence permit.

      Footnote. Paragraph 8 as reworded by Decree of the Government of the Republic of Kazakhstan No. 342 of 02.06.2020 (shall take effect ten calendar days after the date of its first official publication).
      8-1. Supplemented by Decree of the Government of the Republic of Kazakhstan No. 691 of 22.10.2020 (shall be enforced ten calendar days after the date of its first official publication); excluded by Decree of the Government of the Republic of Kazakhstan No. 1146 of 31.12.2022 (shall become effective ten calendar days after the date of its first official publication).

3. Accounting for foreigners and stateless persons
illegally crossing the State Border of the Republic of Kazakhstan,
illegally staying on the territory of the Republic of Kazakhstan,
as well as persons who are prohibited from entering the
Republic of Kazakhstan

      9. Registration of foreigners or stateless persons who have committed violations of the law is carried out by internal affairs bodies and national security authorities, in electronic format, as well as by filling in relevant information records.

      10. Territorial subdivisions of internal affairs and national security bodies independently keep records of foreigners and stateless persons brought to administrative and criminal responsibility for violations of the law related to the illegal crossing of the State border of the Republic of Kazakhstan, illegal stay in the territory of the Republic of Kazakhstan.

      11. The internal affairs bodies and the national security authorities promptly fill the Berkut UIS with information regarding foreigners and stateless persons who have committed a violation of the law.

      12. Information upon the number and personal data of foreigners brought to administrative responsibility by the territorial devisions of the internal affairs bodies is provided monthly to the Ministry of Internal Affairs of the Republic of Kazakhstan.

      13. Under Article 48 of the Law of the Republic of Kazakhstan of July 22, 2011 “On Migration”, foreigners who have previously been deported from Kazakhstan shall be prohibited from entering the Republic of Kazakhstan for a period of five years from the date of execution of the court decision on deportation.

      Following enforcement of the court decision, the initiating authority shall enter data on persons banned from entering the Republic of Kazakhstan into the Berkut UIS within one working day after its entry into force.

      Footnote. Paragraph 13 as reworded by Decree of the Government of the Republic of Kazakhstan No. 691 of 22.10.2020 (shall be put into effect ten calendar days after the date of its first official publication).
      14. Excluded by Decree of the Government of the Republic of Kazakhstan No. 691 of 22.10.2020 (shall be enforced ten calendar days after the date of its first official publication).

  Annex
to the Resolution of the Government of the
Republic of Kazakhstan
No. 148 of January 21, 2012

List of some decisions of the
Government of the Republic of Kazakhstan that have
lost their force

      1. Resolution of the Government of the Republic of Kazakhstan No. 136, dated January 28, 2000 "Selected issues of legal regulation of the stay of foreigners in the Republic of Kazakhstan" (CAPG of the Republic of Kazakhstan, 2000, No. 4, Art. 55).

      2. Resolution of the Government of the Republic of Kazakhstan No. 956, dated June 27, 2000 "On Amending the Resolution of the Government of the Republic of Kazakhstan No. 136, dated January 28, 2000" (CAPG of the Republic of Kazakhstan, 2000, No. 27, Art. 320).

      3. Resolution of the Government of the Republic of Kazakhstan No. 595, dated May 29, 2002 "On Making Addendum to the Resolution of the Government of the Republic of Kazakhstan No. 136, dated January 28, 2000" (CAPG of the Republic of Kazakhstan, 2002, No. 16, Art. 171).

      4. Resolution of the Government of the Republic of Kazakhstan No. 241, dated March 13, 2003 "On some measures to strengthen migration control" (CAPG of the Republic of Kazakhstan, 2003, No. 10, Art. 119).

      5. Resolution of the Government of the Republic of Kazakhstan No. 702, dated July 17, 2003 “On Making Addendum to the resolution of the Government of the Republic of Kazakhstan No. 136, dated January 28, 2000 ” (CAPG of the Republic of Kazakhstan 2003, No. 29, Art. 702).

      6. Resolution of the Government of the Republic of Kazakhstan No. 881, dated August 20, 2004 "On Amendments and Addendum to the resolution of the Government of the Republic of Kazakhstan No. 136, dated January 28, 2000 " (CAPG of the Republic of Kazakhstan, 2004, No. 30, Art. 412).

      7. Resolution of the Government of the Republic of Kazakhstan No. 756, dated July 20, 2005 "On Amendments and Addendum to the resolution of the Government of the Republic of Kazakhstan No. 136, dated January 28, 2000" (CAPG of the Republic of Kazakhstan, 2005, No. 31, Art. 399).

      8. Resolution of the Government of the Republic of Kazakhstan No. 725, dated August 1, 2006 "On Amendments to the Resolution of the Government of the Republic of Kazakhstan No. 136, dated January 28, 2000 " (CAPG of the Republic of Kazakhstan, 2006, No. 28, Art. 305).

      9. Resolution of the Government of the Republic of Kazakhstan No. 854, dated September 7, 2006 "On amendments and addendum to the Resolution of the Government of the Republic of Kazakhstan No. 136, dated January 28, 2000 " (CAPG of the Republic of Kazakhstan, 2006, No. 34, Art. 366).

      10. Sub-paragraph 1) of paragraph 1 of resolution of the Government of the Republic of Kazakhstan of 10 August 2007 No. 688 “On Amendments and Addendum to the Decisions of the Government of the Republic of Kazakhstan of 28 January 2000 No. 136 and 26 November 2003 No. 1185” (CAPG of the Republic of Kazakhstan, 2007, No. 28, Art. 323).

      11. Subparagraph 1) of paragraph 1 of resolution of the Government of the Republic of Kazakhstan No. 166, dated March 3, 2010 "On Amendments and Addendum to the Decisions of the Government of the Republic of Kazakhstan No. 136, dated January 28, 2000 and No. 1063, July 12, 2000 " (CAPG of the Republic of Kazakhstan, 2010, No. 22-23, Art. 169).

      12. Resolution of the Government of the Republic of Kazakhstan No. 307, dated April 14, 2010 "On Amendments to the Resolution of the Government of the Republic of Kazakhstan No. 136, dated January 28, 2000 " (CAPG of the Republic of Kazakhstan, 2010, No. 30, Art. 228).

      13. Resolution of the Government of the Republic of Kazakhstan No. 466, dated April 29, 2011 "On Amendments and Addendum to the Resolution of the Government of the Republic of Kazakhstan No. 136, dated January 28, 2000" (CAPG of the Republic of Kazakhstan, 2011, No. 36, Art. 432).

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