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On Migration

Updated Unofficial translation

The Law of the Republic of Kazakhstan dated 22 July 2011 No. 477-IV.

      Unofficial translation

      This Law regulates public relations in the field of migration of population, determines legal, economic and social basis of migration processes.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions used in this Law

      The following basic definitions shall be used in this Law:

      1) former compatriot – a person that was born or previously being a citizen of the Kazakh Soviet Socialist Republic or the Republic of Kazakhstan and residing permanently abroad;

      2) adaptation and integration services – set of services (information, legal, social, medical and educational) rendered to oralmans and their family members for the purpose of adaptation and integration to society;

      3) admission for entry and leave (hereinafter – visa) – mark of authorized bodies of the Republic of Kazakhstan in passport of a migrant or document substituting it that grants the right to entry into the territory of the Republic of Kazakhstan, travel on its territory, stay in there and leave from the territory of the Republic of Kazakhstan for the period, purposes and on conditions established in visa;

      4) labour migration – temporary transfer of individuals from other states to the Republic of Kazakhstan and from the Republic of Kazakhstan, as well as within the state for carrying out of labour activity;

      4-1) permit to labour immigrant – standard type document issued to labour immigrant by internal affairs bodies for performance of works (rendering of services) of employers – individuals in housekeeping;

      5) illegal immigration – entry into Republic of Kazakhstan and stay of foreign persons and stateless persons in the Republic of Kazakhstan with violation of the legislation of the Republic of Kazakhstan regulating the procedure for entry and stay, as well as travel in transit within the territory of the Republic of Kazakhstan;

      6) illegal immigrant – foreign person or stateless person entered into Republic of Kazakhstan and stayed in the Republic of Kazakhstan with violation of the legislation of the Republic of Kazakhstan;

      6-1) the internal translation –temporary for the term defined by the employment contract, but no more than three years, with the right of extension for one year the transferring of the foreigner or person without citizenship who is carrying out work at a position of the head, manager or expert in the legal entity founded in the territory of thecountry being a member of the World Trade Organization, which is and acting outside the territory of the Republic of Kazakhstan in the branches, the affiliated organizations, representative offices of this legal entity founded in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan;

      7) immigration – entry of foreign persons or stateless persons into Republic of Kazakhstan for temporary or permanent residence;

      8) immigrant – foreign person or stateless person arrived to the Republic of Kazakhstan for temporary or permanent residence;

      9) migration – permanent or temporary, voluntary or compulsory transfer of individuals from one state to another, as well as within the state;

      10) migrant – a person entered into Republic of Kazakhstan and left from the Republic of Kazakhstan, as well as migrating within the Republic of Kazakhstan independently from the reasons and time duration;

      10-1) the accepting person – the citizens of the Republic of Kazakhstan, the foreigner and the person without citizenship who are the residents in the Republic of Kazakhstan, or the legal entity registered in the Republic of Kazakhstan, petitioning for the invitation of immigrants to the Republic of Kazakhstan for temporary residence and (or) providing the place for their accommodation;

      11) foreign establishments of the Republic of Kazakhstan – diplomatic representatives and those equated to them being abroad, as well as consular institutions of the Republic of Kazakhstan;

      12) The immigrant is the internal migrant moving in regions, defined by the Government of the Republic of Kazakhstans;

      12-1) a regional quota of reception of immigrants - the limit number of immigrants or immigrants and their family members arriving for permanent residence in the regions determined by the Government of the Republic of Kazakhstan, that are provided with the measures of the state support provided to participants of active measures of assistance of employment according to the legislation of the Republic of Kazakhstan on employment of the population;

      13) oralman – ethnic Kazakh residing permanently beyond the borders of the Republic of Kazakhstan at the time of acquisition of its sovereignty, and his (her) children of Kazakh nationality born and resided permanently beyond the boundaries of the Republic of Kazakhstan after acquisition of its the sovereignty, arrived to the Republic of Kazakhstan for the purpose of permanent residence and receiving ;

      13-1) the center of adaptation and integration of oralman – the legal entity established by local executive body of areas, cities of republican value, the capital according to the legislation of the Republic of Kazakhstan and intended for rendering to oralmans, members of their families of adaptation and integration services and temporary residence;

      13-2) a regional quota of oralmans reception – limit number of oralmans or oralmans and their family members arriving for permanent residence in the regions determined by the Government of the Republic of Kazakhstan that are provided with the measures of the state support provided to participants of active measures of assistance of employment according to the legislation of the Republic of Kazakhstan on employment of the population;

      13-3) the information database about oralman, ethnic Kazakhs – a data set about ethnic Kazakhs, oralman and members of their families, their movements across the territory of the Republic of Kazakhstan and also the measures given them the state support;

      13-4) the certificate of compliance of qualification for independent employment – the document of the established form issued in the order determined by authorized body concerning population shift, to the foreign worker conforming to requirements of qualification and education level for independent employment in the Republic of Kazakhstan by the majors demanded in priority branches of economy (types of economic activity);

      14) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 № 421-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      15) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 № 421-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      16) is excluded by the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      17) admission for permanent residence – document issued by internal affairs bodies to immigrants in compliance with requirements established by the legislation of the Republic of Kazakhstan and granting them right to permanent residence in the territory of the Republic of Kazakhstan;

      17-1) the place of temporary stay (accommodation) – having the address, the room or the dwelling which is not the residence and in which the person stays (lives) temporarily;

      18) temporary accommodation centre – dwelling place intended for temporary residence of ethnic Kazakhs and their family members before receiving status of oralman;

      19) admission for temporary residence (registration) – document issued by internal affairs bodies to immigrants in compliance with requirements established by the legislation of the Republic of Kazakhstan and granting them the right of residence for particular term in the territory of the Republic of Kazakhstan depending on the purpose of arrival;

      19-1) The Government for Citizens state corporation (further – the State corporation) – the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering public services according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering public services and delivery of their results to by the principle of "one window" and also ensuring rendering public services in an electronic form;

      20) authorized agency on the issues of migration of population – central executive authority carrying out management in the field of migration, regulation of migration processes, coordination of work and implementation of state policy in the field of migration of population within its competence;

      20-1) is excluded by the Law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication);

      21) inviting person – a person residing in the Republic of Kazakhstan and assisting the entry of his (her) family members into Republic of Kazakhstan for the purpose of family reunification in accordance with this Law;

      22) quota on engagement of foreign working power – quantity of foreign working power engaged for carrying out of labour activity in the territory of the Republic of Kazakhstan;

      23) permit for engagement of foreign working power – standard type document issued by local executive body to employee for engagement of foreign working power in the Republic of Kazakhstan;

      24) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 № 421-V (shall be enforced dated 01.07.2017);

      25) internal migration – resettlement of individuals within the Republic of Kazakhstan for the purpose of permanent or temporary residence;

      26) internal migrant is a settler or person migrating within the Republic of Kazakhstan on an independent basis for the purpose of permanent or temporary residence;

      27) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 № 421-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      28) ethnic Kazakh – foreign person or stateless person of Kazakh nationality residing permanently abroad.

      Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 12.06.2014 No. 209-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 27.10.2015 № 365-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 24.11.2015 № 421-V (order of enforcement see subparagraph 1) of the paragraph1 of the article 2); dated 06.04 .2016 № 483-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. Legislation of the Republic of Kazakhstan in the field of migration of population

      1. Legislation of the Republic of Kazakhstan in the field of migration of population is based on the Constitution of the Republic of Kazakhstan and consists of this Law, other regulatory legal acts.

      2. If international treaty ratified by the Republic of Kazakhstan establishes other rules than those provided in this Law, the rules of international treaty shall be applied.

Article 3. Main types of migration

      Depending on the purpose of entry into the territory of the Republic of Kazakhstan and stay in the territory of the Republic of Kazakhstan, the following main types of immigration shall be distinguished:

      1) for the purpose of return to historical homeland;

      2) for the purpose of family reunification;

      3) for the purpose of receipt of education;

      5) on humanitarian and political motives.

Article 4. Basic principles and tasks of state policy in the field of migration of population

      1. State policy in the field of migration of population is based on the following basic principles:

      1) recognition and guaranteeing of rights and freedoms of migrants in accordance with the Constitution of the Republic of Kazakhstan, Laws and international treaties;

      2) protection of national interests and provision of the national security;

      3) combination of interests of a person, society and state;

      4) accountability of regulating the migration processes on the basis of updating and repetition of used information;

      5) differentiated approach of the state to regulation of different types of immigration.

      2. Main tasks of the state policy in the field of migration of population are:

      1) protection of rights and freedoms of migrants;

      2) organization of rational resettlement of oralmans in recognition of interests of demographic and social-economic development of regions;

      3) engagement of highly qualified foreign working power for carrying out of labour activity in the Republic of Kazakhstan;

      4) protection of internal labour market by setting quotas of engaging the foreign working power;

      5) ensuring of integration of Kazakhstan into international labour market;

      6) development of cooperation of the Republic of Kazakhstan with other states for the purposes of prevention and avoidance of conflicts that may lead to mass migration of population;

      7) optimization of streams of internal migration, ensuring of rational resettlement within the territory of country;

      8) maintenance and development of mutual relations with former compatriots and ethnic Kazakhs residing abroad, as well as in the field of cultural cooperation and information support;

      9) assistance to ethnic Kazakhs in resettlement in historical homeland;

      10) international cooperation in the scope of regulation of migration processes, prevention and suppression of illegal migration.

Article 5. Rights and obligations of immigrants

      1. Immigrants in the Republic of Kazakhstan shall have the right to:

      1) use the rights and freedoms established for citizens of the Republic of Kazakhstan unless otherwise provided by the Constitution, Laws and international treaties;

      2) education, medical care and social assistance in the manner established by the legislation of the Republic of Kazakhstan;

      3) free movement within the territory of the Republic of Kazakhstan opened for visiting of immigrants;

      4) free choice of the place of residence in the manner established by the legislation of the Republic of Kazakhstan;

      5) go in court and state bodies for protection of property and personal non-property rights belonged to them;

      6) receipt of paid adaptation and integration services in adaptation and integration centres for oralmans, with the exception of oralmans and their family members receiving these services on a gratuitous basis.

      2. Immigrants in the Republic of Kazakhstan shall:

      1) bear obligations established for citizens of the Republic of Kazakhstan, unless otherwise provided by the Constitution, Laws and international treaties;

      2) be obliged to comply with the Constitution and legislation of the Republic of Kazakhstan, as well as with established procedure for entry, leave and stay in the territory of the Republic of Kazakhstan.

Article 6. General conditions for entry, leave and stay of immigrants

      1. The procedure for entry, departure and stay of immigrants in the territory of the Republic of Kazakhstan shall be determined by the legislation of the Republic of Kazakhstan.

      The specifics of the entry, departure and stay of immigrants for carrying out of activities in the international technology park "Astana Hub", including exercise of labor activities, shall be determined by the Law of the Republic of Kazakhstan "On informatization".

      2. Immigrants arrived from the states that concluded the agreements with the Republic of Kazakhstan on visa-free procedure for entry and stay, shall enter according to valid passports or documents substituting them in compliance with conditions established by international treaties of the Republic of Kazakhstan.

      3. Entry visas into Republic of Kazakhstan and visas for leave from the Republic of Kazakhstan shall be issued to immigrants by foreign establishments of the Republic of Kazakhstan in coordination with body of national security.

      Visas for leave from the Republic of Kazakhstan and entry visas into Republic of Kazakhstan to immigrants being in the territory of the Republic of Kazakhstan shall be issued by internal affairs bodies.

      4. Immigrants shall be obliged to register in internal affairs bodies of the Republic of Kazakhstan within five calendar days after crossing of the State Border of the Republic of Kazakhstan in case of change of place of residence, immigrants shall be obliged to register at the place of residence within five calendar days from the date of deregistration at the place of previous registration.

      Registration of immigrants is carried out by law-enforcement bodies on the basis of information of the accepting persons and also Committee of national security of the Republic of Kazakhstan arriving from check points through Frontier of the Republic of Kazakhstan. The accepting persons are obliged to inform law-enforcement bodies on the immigrants staying at them within three working days from the date of their arrival.

      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.10.2015 № 421-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 04.07.2018 No. 174-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. Obtaining permission to full-time residence in the Republic of Kazakhstan

      Footnote. Article 7 heading in edition of the Law of the Republic of Kazakhstan dated 24.11.2015 № 421-V (shall be enforced upon ten calendar days after day of its first official publication).

      The foreigners and persons without citizenship living outside the Republic of Kazakhstan file a petition for permission to full-time residence in the Republic of Kazakhstan to foreign institutions of the Republic of Kazakhstan.

      The foreigners and persons without citizenship who are temporarily staying in the Republic of Kazakhstan with the visa on full-time residence or arrived from the states which concluded agreements on a visa-free order of entrance and stay with the Republic of Kazakhstan and also ethnic Kazakhs irrespective of category of the visa issued by it address to law-enforcement bodies for obtaining permission to full-time residence. Foreigners and persons without citizenship cannot address for obtaining permission to full-time residence in the Republic of Kazakhstan:

      1) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 № 421-V (shall be enforced upon ten calendar days after day of its first official publication);

      2) passing through the territory of the Republic of Kazakhstan in transit within the term not exceeding five days;

      2-1) arrived in the Republic of Kazakhstan with the purposes of tourism, treatment, participation in programs of youth, student's and school exchanges, maintenances of humanitarian aid, negotiation, signing of the contracts, rendering auditor and consulting services and also in a business trip;

      3) being at military service in units located in the territory of the Republic of Kazakhstan;

      4) included in composition of diplomatic representatives, consular institutes and international organizations accredited in the Republic of Kazakhstan;

      5) being the representatives of foreign mass media accredited in the Republic of Kazakhstan;

      6) being crew members of marine and river vessels, air, railway and automobile transport being in the territory of the Republic of Kazakhstan;

      6-1) being members of the organizations banned in the territory of the Republic of Kazakhstan;

      7) staying in the territory of the Republic of Kazakhstan for implementation of charitable, volunteer, religious and (or) missionary activity;

      8) lost citizenship of the Republic of Kazakhstan on the bases provided by Subparagraph 8) of part one of Article 21 of the Law of the Republic of Kazakhstan of December 20, 1991 "About citizenship of the Republic of Kazakhstan";

      9) deprived of citizenship of the Republic of Kazakhstan on the bases provided by Article 20-1 of the Law of the Republic of Kazakhstan of December 20, 1991 "On citizenship of the Republic of Kazakhstan".

      Legal status of the persons specified in a part of the second present article is defined by the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.11.2015 № 421-V (shall be enforced upon ten calendar days after day of its first official publication); dated 22.12.2016 № 28-VI (shall be enforced upon ten calendar days after day of its first official publication); dated 11.07.2017 № 91-VI (shall be enforced ten upon alendar days after day of its first official publication).

Chapter 2. STATE MANAGEMENT SYSTEM OF MIGRATION PROCESSES OF POPULATION IN THE REPUBLIC OF KAZAKHSTAN

Article 8. Competence of the Government of the Republic of Kazakhstan

      Government of the Republic of Kazakhstan shall:

      1) develop principal directions of state policy in the field of migration of population and organize its carrying out;

      2) establish quota on engagement of foreign working power;

      3) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 № 421-V (shall be enforced ten calendar days after day of its first official publication);

      4) determine procedure for documentation and registration of population;

      5) defines regions for resettlement of oralman and immigrants;

      5-1) establishes a regional quota of reception of oralman and immigrants for the medium-term period or the forthcoming year;

      6) adopt regulatory legal acts in the field of migration of population within its competence;

      7) determine procedure for entry and stay of immigrants in the Republic of Kazakhstan, as well as their leave from the Republic of Kazakhstan;

      7-1) excluded by the Law of the Republic of Kazakhstan dated 25.12.2017 № 122-VI (shall be enforced dated 01.01.2018);

      7-2) approves standard regulations of migration processes in areas, the cities of republican value, the capital;

      8) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 № 421-V (shall be enforced upon ten calendar days after day of its first official publication);

      9) perform other functions imposed on it by the Constitution of the Republic of Kazakhstan, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.12.2013 No. 151-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 12.06.2014 No. 209-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 24.11.2015 № 421-V (shall be enforced upon ten calendar days after day of its first official publication); dated 22.12.2016 № 28-VI (shall be enforced upon ten calendar days after day of its first official publication); dated 25.12.2017 № 122-VI (shall be enforced dated 01.01.2018).

Article 8-1. Competence of authorized body on the issues of formation of state policy in the field of migration of population

      Footnote. Chapter 2 is supplemented by Article 8-1 in accordance with the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); is excluded by the Law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 9. Competence of internal affairs bodies

      Internal affairs bodies shall:

      1) implement state policy in the field of migration of population within the competence;

      2) in coordination with Committee of national security of the Republic of Kazakhstan define an order of registration of passports of immigrants, granting by the accepting persons of information on the immigrants staying at them, production and delivery of migration cards, movement of immigrants, entrance of immigrants to certain areas (territories) closed for visit by foreigners and also transit of foreigners and persons without citizenship across the territory of the Republic of Kazakhstan;

      2-1) carry out delivery of migration cards to the immigrants who are in the territory of the Republic of Kazakhstan;

      3) form common data base of accounting of entry and leave of foreign persons and stateless persons, ensure system updating of details, as well as carry out well-timed information exchange with authorized body on the issues of migration of population, Ministry of Foreign Affairs of the Republic of Kazakhstan and body of the national security;

      4) give out, cancel, restore visas of the Republic of Kazakhstan and also prolong and reduce terms of their action or according to the legislation of the Republic of Kazakhstan make decisions on refusal in issue of visas of the Republic of Kazakhstan to the foreigners and persons without citizenship who are in the territory of the Republic of Kazakhstan;

      4-1) make out invitations to entry of foreigners into the Republic of Kazakhstan on private affairs, accept and agree on invitations of the accepting persons on issue of visas of the Republic of Kazakhstan;

      5) carry out accounting and registration of foreign persons and stateless persons;

      5-1) carry out interdepartmental coordination in the field of migration of the population;

      5-2) monitor the migration processes;

      5-3) develop a system of measures in the field of regulation and monitoring of migration processes;

      6) control compliance with established rules for entry into Republic of Kazakhstan, leave from the Republic of Kazakhstan, stay in the Republic of Kazakhstan and travel in transit through the territory of the Republic of Kazakhstan by immigrants;

      6-1) control timely departure out of borders of the Republic of Kazakhstan of immigrants concerning whom the judicial act of exclusion is taken out;

      6-2) develop standard regulations of migration processes in areas, the cities of republican value, the capital;

      7) take measures on suppression of illegal immigration;

      8) take decisions on reduction of the term of staying in the Republic of Kazakhstan by immigrants in accordance with the legislation of the Republic of Kazakhstan;

      9) draw up the documents to immigrants for the right of entry into frontier zone;

      10) determine procedure for issuance and issue admission for temporary and permanent residence in the Republic of Kazakhstan;

      11) take decisions on assignment of refugee status;

      12) draw up documents for leave beyond the boundaries of the Republic of Kazakhstan for permanent place of residence;

      13) take decisions on refusal in representing admissions to citizens of the Republic of Kazakhstan for leave from the Republic of Kazakhstan for permanent place of residence in accordance with the legislation of the Republic of Kazakhstan;

      14) carry out accounting and registration of citizens of the Republic of Kazakhstan;

      15) carry out registration at the place of residence and deregistration of citizens of the Republic of Kazakhstan;

      16) carry out registration of the citizens of the Republic of Kazakhstan arriving to the place of temporary stay (accommodation);

      16-1) issue and revoke permits to labour immigrant;

      17) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      Footnote. Article 9 is in the wording of the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 24.11.2015 № 421-V (shall be enforced upon ten calendar days after day of its first official publication); dated 22.12.2016 № 28-VI (shall be enforced ten calendar days after day of its first official publication); dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Competence of the Ministry of Foreign affairs of the Republic of Kazakhstan and foreign establishments of the Republic of Kazakhstan

      Ministry of Foreign Affairs of the Republic of Kazakhstan and foreign establishments of the Republic of Kazakhstan shall:

      1) implement the state policy in the field of migration of population within its competence;

      1-1) together with the Ministry of Internal Affairs of the Republic of Kazakhstan in coordination with Committee of national security of the Republic of Kazakhstan define an order of execution of invitations, coordination of invitations to entrance of foreigners and persons without citizenship to the Republic of Kazakhstan, deliveries, cancellation, recovery of visas of the Republic of Kazakhstan and also extension and reduction of terms of their action;

      2) assist in distribution of information abroad on the state policy of the Republic of Kazakhstan in the field of migration of population;

      3) assist in development of connections and contacts with former compatriots and ethnic Kazakhs;

      4) form common data base of accounting of issuing the entry visas to foreign persons and stateless persons, ensure systematic updating of details, as well as carry out well-timed information exchange with internal affairs bodies and bodies of the national security;

      4-1) accept and agree on invitations of Foreign Ministries, the diplomatic and equated to them representations, consular establishments of the foreign states, the international organizations and their representations;

      4-2) give out, cancel, restore visas of the Republic of Kazakhstan and also prolong and reduce terms of their action or according to the legislation of the Republic of Kazakhstan make decisions on refusal in issue of visas of the Republic of Kazakhstan to foreigners and persons without citizenship;

      5) inform the ethnic Kazakhs who showed willingness voluntarily to move to the Republic of Kazakhstan, about entrance conditions, including to the regions determined by the Government of the Republic of Kazakhstan within regional quotas of reception of oralman, conditions of reception and measures of social support;

      5-1) accept, register documents of immigrants, including the ethnic Kazakhs who filed petitions for entry into the Republic of Kazakhstan send them to authorized body concerning population shift, make out entry visas to the Republic of Kazakhstan on full-time residence;

      6) carry out international cooperation in the field of migration of population within its competence;

      7) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.12.2013 № 153-V (shall be enforced upon ten calendar days after day of its first official publication); dated 24.11.2015 № 421-V (shall be enforce upon ten calendar days after day of its first official publication).

Article 11. Competence of authorized body on the issues of migration of population

      Authorized body on the issues of migration of population shall:

      1) develop proposals on the main directions of state policy in the field of migration of population;

      1-1) implement the state policy in the field of migration of population within the competence;

      2) is excluded by the Law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication);

      3) provide methodological guidance to local executive agencies in the field of migration of population;

      4) elaboratess and makes offers on formation of a quota for involvement of foreign labor in the Government of the Republic of Kazakhstan;

      4-1) elaboratess and makes offers in the Government of the Republic of Kazakhstan by definition of regions for resettlement of oralman and immigrants;

      4-2) elaborates and makes offers in the Government of the Republic of Kazakhstan on formation of regional quotas of reception of oralman and immigrants for the medium-term period or the forthcoming year;

      4-3) carries out monitoring of realization of a regional quota of reception of oralman and immigrants;

      4-4) distributes a regional quota of reception of oralman and immigrants between areas, the cities of republican value, the capital;

      4-5) defines an order of inclusion in a regional quota of reception of oralman and immigrants;

      5) distributes a quota for involvement of foreign labor between areas, the cities of republican value, the capital;

      5-1) forms the centralized database of foreign workers, creates the information system "Foreign Labour" and provides their interaction with information systems of the appropriate authorized public authorities;

      5-2) issues the certificate of compliance of qualification for independent employment to foreign workers;6) provide social security of migrants in accordance with the legislation of the Republic of Kazakhstan;

      7) within its competence, monitor migration processes;

      8) is excluded by the Law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication);

      9) determine the procedure for assigning or extending oralman status;

      9-1) approve the model provision of the Commission for inclusion to the regional quota of oralmans reception;

      10) consider complaints to refusal in assigning or extending of oralman status;

      11) determine procedure for activity of the adaptation and integration centres, temporary accommodation centres;

      12) form the unified data base of labour migrants and ethnic Kazakhs and ensure interaction with the relevant information systems of internal affairs bodies, body of the national security, Ministry of Foreign Affairs;

      13) control compliance with the legislation of the Republic of Kazakhstan on migration of population within the competence;

      14) organize and carry out cooperation with authorized bodies of foreign states and international organizations in the scope of regulation of migration processes within the competence;

      15) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      Footnote. Article 11 is in the wording of the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 24.11.2015 № 421-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 12. Competence of authorized body in the field of health care service

      Authorized body in the field of health care service:

      1) implement the state policy in the field of migration of population within its competence;

      2) approve procedure for medical treatment to immigrants;

      3) approve the list of diseases, the existence of which prohibits the entry of foreign persons and stateless persons into Republic of Kazakhstan;

      4) introduce restrictive measures, as well as quarantine in adaptation and integration centres for oralmans, temporary accommodation centres in the manner established by the legislation of the Republic of Kazakhstan;

      5) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

Article 13. Competence of authorized body in the field of education

      Authorized body in the field of education shall:

      1) implement the state policy in the field of migration of population within its competence;

      2) appropriate educational grants to ethnic Kazakhs and oralmans in accordance with quota for admission for studies in educational organizations of the Republic of Kazakhstan, implementing educational programs of technical and professional education, post-secondary and higher education established by the Government of the Republic of Kazakhstan;

      3) provide course and teaching materials to ethnic Kazakhs studying in general education institutes abroad in accordance with international treaties, the participant of which is the Republic of Kazakhstan;

      4) is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      5) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 14. Competence of body of national security

      1. Body of national security:

      1) implements the state policy in the field of migration of population within its competence;

      2) form common data base of accounting of entry and leave of foreign persons and stateless persons, ensures system updating of details, as well as carries out well-timed information exchange with internal affairs bodies and Ministry of Foreign Affairs of the Republic of Kazakhstan;

      3) coordinates entry of immigrants into Republic of Kazakhstan and separate locations (territories) closed for visiting of foreign persons;

      4) coordinates permission to full-time residence of immigrants in the Republic of Kazakhstan;

      5) carries out issuance of migration cards to immigrants upon entry into Republic of Kazakhstan and their surrender upon leave from the Republic of Kazakhstan;

      6) agrees on petitions of foreigners and persons without citizenship for inclusion in citizenship of the Republic of Kazakhstan;

      7) carries out other functions provided by this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      2. Bodies of national security have the right not to explain the reason which formed the basis for refusal in coordination to immigrants of entry into the Republic of Kazakhstan and certain areas (territories) closed for visit by foreigners; to immigrants – permissions to full-time residence in the Republic of Kazakhstan; to foreigners and persons without citizenship – petitions for inclusion in citizenship of the Republic of Kazakhstan.

      Footnote. Article 14 in edition of the Law of the Republic of Kazakhstan dated 22.12.2016 No. 28-VI (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Article 15. Competence of local executive bodies

      1. Local executive bodies of oblasts, cities of republican significance, the capital shall:

      1) implement the state policy in the field of migration of population within its competence;

      2) ensure receipt of medical care by oralmans and immigrants in accordance with the legislation of the Republic of Kazakhstan;

      3) bring in authorized body concerning population shift of the offer on reference of the respective territories to regions for resettlement of oralman and immigrants;

      4) submit proposals on formation of quota on engagement of foreign working power to authorized body on the issues of migration of population;

      5) carry out the accounting and registration of labor migrants with the notification of bodies of national security;

      6) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication);

      6-1) accept the application with attachment of necessary documents from the ethnic Kazakhs for the assignment or extension of oralman status;

      6-2) adopt the statement with the application of necessary documents from ethnic Kazakhs for inclusion in a regional quota of reception of oralman;

      6-3) decide on assignment or extension of oralman status;

      6-4) make the decision on inclusion in a regional quota of reception of oralman;

      6-5) adopt the statement with the application of necessary documents from citizens of the Republic of Kazakhstan for inclusion in a regional quota of reception of immigrants;

      6-6) make the decision on inclusion in a regional quota of reception of immigrants;

      7) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforce upon expiry of ten calendar days after day of its first official publication);

      8) issue certificates of an oralman;

      9) create and will organize activity of the centers of adaptation and integration of oralman, the centers of temporary placement;

      10) take measures to ensure the rights of children of migrants to education in accordance with the legislation of the Republic of Kazakhstan;

      11) within the quota distributed by authorized body concerning population shift give out to employers of permission to involvement of foreign labor for implementation of work in the territory of the corresponding administrative and territorial unit and also within the internal translation out of a quota and also stop and withdraw the specified permissions;

      12) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced dated 01.01.2017);

      13) with the notification of bodies of national security issue the petition on extension or reduction of period of validity of permissions to temporary residence to business immigrants;

      13-1) consider and certify invitations of citizens of the Republic of Kazakhstan for resettlement to the Republic of Kazakhstan of relatives from among the ethnic Kazakhs living abroad for reunion of family of the order determined by authorized body concerning population shift;

      14) carry out other powers in behalf of local state administration imposed on local executive bodies by the legislation of the Republic of Kazakhstan.

      2. Local executive bodies of districts, cities of oblast significance shall:

      1) implement the state policy in the field of migration of population within their competence;

      2) provide assistance to oralmans referred to target population in employment, professional training, retraining and raise of qualification in accordance with the legislation of the Republic of Kazakhstan on employment of population;

      3) provide places in schools, kindergartens, as well as in medical and social institutions in the manner established by the legislation of the Republic of Kazakhstan;

      4) create conditions to oralmans for learning of Kazakh language, and Russian language at their will;

      5) carry out other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan in behalf of local state administration.

      3. excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication).
      Footnote. Article 15 is in the wording of the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); with the amendments made by Laws of the Republic of Kazakhstan dated 27.10.2015 No. 365-V (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 22.12.2016 No. 28-VI (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3. IMMIGRATION FOR THE PURPOSE OF RETURN TO HISTORICAL HOMELAND

Article 16. Quota of immigration of oralmans

      Footnote. Article 16 is excluded by the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 17. Categories of oralmans

      Footnote. Article 17 is excluded by the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 17-1. Categories of oralman

      Oralmana are divided into the following categories:

      1) the oralmana included in a regional quota of reception of oralman;

      2) the oralmana which independently drove and living in the territory of the Republic of Kazakhstan.

      Footnote. Chapter 3 is supplemented with Article 17-1 according to the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Article 18. The procedure for applying to assignment or extension of oralman status and (or) the inclusion into the regional quota of oralmans reception

      Footnote. Heading of Article 18 is in the wording of the Law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Ethnic Kazakhs that independently entered the territory of the Republic of Kazakhstan may apply for assignment or extension of the oralman status and (or) inclusion into the regional quota of oralmans reception to local executive authorities or via the State Corporation.

      2. Ethnic Kazakhs residing beyond the boundaries of the Republic of Kazakhstan shall file application on assignment of status of oralman in foreign establishments of the Republic of Kazakhstan.

      Footnote. Article 18 is in the wording of the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced see paragraph 1 article 2); as amended by the Law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 19. Commission on inclusion of immigration of oralmans to quota

      Footnote. Article 17 is excluded by the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 19-1. Regional quota of oralman reception

      1. The regional quota of reception of oralman is formed and submitted for consideration of the Government of the Republic of Kazakhstan by authorized body concerning population shift on the basis of offers of the local executive bodies and statements which arrived through foreign institutions of the Republic of Kazakhstan from the ethnic Kazakhs and oralman wishing to move to the regions determined by the Government of the Republic of Kazakhstan.

      2. The government of the Republic of Kazakhstan establishes a regional quota of reception of oralman for the medium-term period or the forthcoming year.

      Footnote. Chapter 3 is supplemented with Article 19-1 according to the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Article 19-2. Commission on inclusion in a regional quota of reception of oralman

      For consideration of the applications of ethnic Kazakhs on inclusion in a regional quota of reception of oralman by local executive bodies of areas, the cities of republican value, the capital the Commission on inclusion in a regional quota of reception of oralman (further – the Commission) is created which part deputies of maslikhat, representatives of public authorities and public organizations are.

      Footnote. Chapter 3 is supplemented with Article 19-2 according to the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (becomes effective after ten calendar days after day of its first official publication).

Article 20. Assignment of status of oralman to ethnic Kazakhs, applying on this before entry into the territory of the Republic of Kazakhstan

      1. Foreign establishments of the Republic of Kazakhstan shall accept and direct the applications and documents from ethnic Kazakhs on assignment of status of oralman to authorized body on the issues of migration of population within thirty calendar days from the date of their registration.

      2. Nationality of a contender applying on assignment of status of oralman before entry into the territory of the Republic of Kazakhstan shall be established on the basis of record in documents certifying identity. In the absence of such record, foreign establishments of the Republic of Kazakhstan shall attach copies of other documents confirming nationality of a contender to documents directed to the authorized body on the issues of migration of population.

      3. Within five business days from the date of receipt of applications and documents of ethnic Kazakhs on assignment of status of oralman, authorized body on the issues of migration of population shall direct them for taking decision on assignment of status of oralman to local executive bodies mentioned in paragraph 3 of Article 15 of this Law.

      Within five business days from the date of receipt of applications and documents of ethnic Kazakhs, local executive bodies mentioned in paragraph 3 of Article 15 of this Law shall direct them for verifying for existence or absence of compromise details on commission of crimes or infractions in the territory of the Republic of Kazakhstan by contenders applying on assignment of status of oralman or other information on their belonging to terroristic or extremist organizations to territorial subdivisions of internal affairs bodies, bodies of national security, prosecutor’s office of the relevant regions for taking decision.

      Within thirty calendar days from the date of registration of applications and documents of ethnic Kazakh, territorial subdivisions of internal affairs bodies, bodies of national security, prosecutor’s office shall direct information on existence or absence of grounds mentioned in part two of this paragraph, precluding assignment of status of oralman by ethnic Kazakhs to local executive bodies mentioned in paragraph 3 of Article 15 of this Law.

      Local executive bodies shall:

      1) within ten calendar days from the date of receipt of information of appropriate authorities submit them for consideration of the Commission. The commission within ten working days from the date of obtaining statements and documents of ethnic Kazakhs makes the decision on prior consent to assignment of the status of an oralman and (or) inclusion in a regional quota of reception of oralman or on refusal with motivated justification of causes of failure;

      2) no later than three working days after decision-making by the Commission send information to authorized body concerning population shift about consent to assignment to ethnic Kazakhs of the status of an oralman and (or) inclusion in a regional quota of reception of oralman or about refusal in it with motivated justification of the reasons.

      4. Decision on assignment of status of oralman shall be taken in compliance of a contender with conditions established by subparagraph 13) of Article 1 of this Law.

      Ethnic Kazakhs in the following sequence use a priority for inclusion in a regional quota of reception of oralman:

      1) the having corresponding education, qualification and experience on a certain specialty;

      2) large families;

      3) the full age youth having an opportunity to study in higher educational institutions.

      5. Decision on assignment of status of oralman or on refusal with well-reasoned grounds for refusal shall be directed to authorized body on the issues of migration of population within two business days. Authorized body on the issues of migration of population shall direct this decision to foreign establishments of the Republic of Kazakhstan for transmittal to an applicant.

      6. General term for considering application of ethnic Kazakhs on assignment of status of oralman shall not exceed three months from the date of its receipt to authorized body on the issues of migration of population.

      7. After receipt of decision on assignment of status of oralman, foreign establishments of the Republic of Kazakhstan shall direct it to ethnic Kazakh and provide assistance in resettlement to the Republic of Kazakhstan or inform about refusal in assignment of status of oralman within one month.

      8. Upon arrival of ethnic Kazakh that filed the application on assignment of status of oralman to the regions of resettlement determined by the Government of the Republic of Kazakhstan, local executive bodies mentioned in paragraph 3 of Article 15 of this Law shall assign the status of oralman to an applicant and his (her) family members within three business days from the date of applying in recognition of previously adopted decision.

      Ethnic Kazakhs can submit the application to local executive body for assignment of the status of an oralman and (or) inclusion in a regional quota of reception of oralman through the State corporation.

      9. The commission within ten working days after obtaining lists of oralman makes the decision on inclusion them in a regional quota of reception of oralman.

      10. Ethnic Kazakhs on arrival on the place of residence after obtaining the status of an oralman apply for permission to full-time residence in territorial divisions of law-enforcement bodies.

      11. Oralmans and their family members shall have the right to receive permits for permanent residence, registration at the place of residence and receipt of certificate of oralman within ten business days from the date of applying.

      Footnote. Article 20 is in the wording of the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced see paragraph 1 article 2); with the amendments made by the Law of the Republic of Kazakhstan dated 06.04.2016 № 483-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 21. Assignment or extension of the oralman status and (or) inclusion into the regional quota of reception oralmans, ethnic Kazakhs that independently entered the territory of the Republic of Kazakhstan

      Footnote. Heading of Article 21 as amended by the Law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Ethnic Kazakhs, that independently entered the territory of the Republic of Kazakhstan, upon arrival at the place of residence shall submit applications to the local executive authority for assignment or extension of oralman status and (or) inclusion into the regional quota of oralmans reception if they choose a region defined by the Government of the Republic of Kazakhstan, and after obtaining oralman status, shall apply to the territorial divisions of the internal affairs agencies for a permanent residence permit.

      Ethnic Kazakhs can submit an application with the attachment of appropriate documents to the local executive authority for assignment or extension of oralman status and (or) inclusion into the regional quota of oralmans reception via the State Corporation.

      2. The local executive authority within five working days from the date of the address shall assign or extend the oralman status to ethnic Kazakhs and their family members, issue the certificate of oralman or motivated refuse assignment or extension of the oralman status.

      Assignment of the oralman status shall be carried out at compliance of applicants to the conditions established by Subparagraph 13) of Article 1 of the present Law.

      In order to obtain citizenship of the Republic of Kazakhstan in a simplified (registration) procedure, ethnic Kazakhs who permanently reside in the territory of the Republic of Kazakhstan may apply for extension of the oralman status within six months from the date of its termination.

      The decision on extension the oralman status by the local executive authority shall be made once for a period of not more than three months.

      3. The nationality of applicants for assignment of the status of an oralman is confirmed according to entry in identity documents, in the absence of such record – on the basis of other documents confirming their nationality.

      4. The ethnic Kazakhs who received the status of an oralman can apply for their inclusion in a regional quota of reception of oralman and receiving privileges, compensations and other types of the social help on conditions and as it should be, determined by the legislation of the Republic of Kazakhstan.

      The list of the ethnic Kazakhs who received the status of an oralman in case of the choice of the region determined by the Government of the Republic of Kazakhstan by them is sent to the Commission for decision-making.

      5. The commission within ten working days after obtaining lists of oralman makes the decision on inclusion them in a regional quota of reception of oralman or on refusal in it with motivated justification of the reasons.

      Footnote. Article 21 in the wording of the Law of the Republic of Kazakhstan dated 24.11.2015 № 421-V (shall be enforced see paragraph 1 of the article 2); as amended by the Law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 21-1. Features of inclusion in a regional quota of reception of oralman of certain members of families of ethnic Kazakhs

      1. Within calendar year the regional quota of reception of oralman joins the members of the family of an oralman who arrived later inclusions of family in a regional quota of reception of oralman and also the children who were born in the Republic of Kazakhstan before obtaining citizenship of the Republic of Kazakhstan by their parents.

      2. Oralmana, living in the territory of the Republic of Kazakhstan, can file to local executive bodies a petition for inclusion of members of their families in a regional quota of reception of oralman and have the right for inclusion in it in the order established by Article 21 of the present Law.

      3. If oralmanam are not specified as a part of their families the children having the family, then members of the family of children join in a regional quota of reception of oralman in family composition of oralman only in cases of death of children of the oralman having the family, deprivations of their parental rights or acquisition of citizenship of the Republic of Kazakhstan by them.

      At the same time for inclusion in a regional quota of reception of oralman of minor members of the family of children of the oralman having the family in cases of their death or deprivation of the parental rights of an oralmana (the spouse (spouse) of an oralman) are obliged to be their trustee (trustee).

      Footnote. Chapter 3 is supplemented with Article 21-1 according to the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Article 22. Special aspects of including separate family members of ethnic Kazakhs into quota of immigration

      Footnote. Article 17 is excluded by the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 23. Benefits and other types of social assistance provided to oralmans, ethnic Kazakhs and their family members

      Footnote. The headline of the article 23 in the wording of the Law of the Republic of Kazakhsta dated 24.11.2015 № 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication).)

      1. Ethnic Kazakhs and family members arriving in regions determined by the Government of the Republic of Kazakhstan for resettlement of oralmans shall be released from confirmation of own paying capacity upon receipt of permit for permanent residence in the Republic of Kazakhstan.

      2. Persons that received the status of oralman and their family members shall be provided by:

      1) gratuitous adaptation and integration services in adaptation and integration centres for oralmans;

      2) medical care in accordance with the legislation of the Republic of Kazakhstan in the field of health care service;

      3) places in schools and kindergartens equally with citizens of the Republic of Kazakhstan, possibility of obtaining education in accordance with allocated quota on admission in educational organizations of technical and professional, post-secondary and higher education in amount determined by the Government of the Republic of Kazakhstan;

      4) social protection equally with citizens of the Republic of Kazakhstan;

      5) assistance in employment in accordance with the legislation of the Republic of Kazakhstan.

      3. Land plots on the basis of the right of temporary gratuitous land use from the lands of rural inhabited localities, agricultural lands, immigration land fund, special land fund and reserve lands shall be granted to oralmans for management of personal subsidiary economy, gardening and suburban construction in accordance with the land legislation of the Republic of Kazakhstan.

      Land plots on the basis of the right of temporary land use from the agricultural lands, special land fund, immigration land fund and reserve lands shall be granted to oralmans for peasant or farm economy and agricultural production.

      4. Local executive bodies can establish the lump sums including compensation of costs of journey to the permanent residence and transportation of property, to oralmana and the members of their families who moved to the Republic of Kazakhstan out of a regional quota of reception of oralman. The order and terms of payment of grants approve akimats of areas, cities of republican value, the capital on the basis of the standard rules approved by authorized body concerning population shift.

      4-1. The ethnic Kazakhs and members of their families who received consent to assignment of the status of an oralman by it and (or) inclusion in a regional quota of reception of oralman and also oralmana and members of their families at entrance on the territory of the Republic of Kazakhstan are exempted from customs payment on property for private use, including vehicles, according to the international treaty and (or) the customs legislation of the Republic of Kazakhstan.

      4-2. Oralmans and to the members of their families included in a regional quota of reception of oralman the measures of the state support provided to participants of active measures of assistance of employment according to the legislation of the Republic of Kazakhstan on employment of the population are provided.

      5. Oralmans and to the members of their families included in a regional quota of reception of oralman except the measures of the state support provided by the present article the right to a consumer loan and mortgage loan for construction of housing is granted.

      5-1. In case of death of oralman or members of their families after their inclusion in a regional quota of reception of oralman of a measure of the state support it are provided to oralmana or family members irrespective of obtaining citizenship of the Republic of Kazakhstan by them.

      6. Oralmans, specified in Paragraph 4-2 of the present article, are obliged to compensate ahead of schedule in full the measures of the state support received by them provided to participants of active measures of assistance of employment according to the legislation of the Republic of Kazakhstan on employment of the population in cases of independent migration on own will out of borders of the region determined by the Government of the Republic of Kazakhstan within five years or refusal of acquisition of citizenship of the Republic of Kazakhstan.

      Footnote. Article 23 is in the wording of the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); with the amendments made by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 04.05.2018 No. 151-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. Adaptation and integration of oralmans

      1. In regions determined by the government of the Republic of Kazakhstan for resettlement of oralmans, the primary resettlement of ethnic Kazakhs and their family members shall be carried out at their will in temporary accommodation centres before assignment of status of oralman in the manner and within terms that shall be determined by authorized body on the issues of migration of population.

      2. For rendering of adaptation and integration services, adaptation and integration centres for oralmans shall be created.

      Procedure and terms for residence of oralmans and their family members in adaptation and integration centres for oralmans, as well as procedure for rendering of adaptation and integration services to them shall be determined by authorized body on the issues of migration population.

      Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 25. Termination of status of oralman

      Status of oralman shall be terminated:

      1) after receipt of citizenship of the Republic of Kazakhstan by oralman;

      2) in case of annulment of permit for permanent residence in the Republic of Kazakhstan on the grounds provided by Article 49 of this Law;

      3) upon expiry of one year from the date of receiving the status of oralman;

      4) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
      Footnote. Article 25 is in the wording of the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); with the amendments made by the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 26. Rights and obligations of oralmans

      1. Oralmans and their family members shall have the right to:

      1) receipt of citizenship of the Republic of Kazakhstan in simplified (registration) manner;

      2) benefits, compensations and other types of social assistance established by the legislation of the Republic of Kazakhstan;

      3) correct statement of first name, patronymic (in its existence) and last name in Kazakh language after acquisition of citizenship of the Republic of Kazakhstan on the basis of available documents;

      4) implementation of individual business without formation of legal entity;

      5) temporary registration in the centers of adaptation and integration of oralman, the centers of temporary placement in the absence of office or own housing for the term of no more than one year.

      2. Oralmans and their family members shall be obliged to:

      1) to present to foreign institutions of the Republic of Kazakhstan and also local executive bodies the authentic data necessary for consideration of their statements for assignment of the status of an oralman and (or) inclusion in a regional quota of reception of oralman;

      2) undergo medical examinations upon request of bodies of health care service, receive vaccination, undertake treatment, as well as perform prescriptions of bodies of health care service;

      3) settle in adaptation and integration centres for oralmans upon receiving referral to there within three calendar days and vacate provided premise after completion of the period of stay established by authorized body on the issues of migration of population;

      4) comply with established manner of stay in temporary accommodation centres and adaptation and integration centres for oralmans.

      Footnote. Article 26 as amended by the Laws of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.10.2015 No. 376-V (shall be enforced dated 01.01.2016); dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Chapter 4. IMMIGRATION FOR THE PURPOSE OF FAMILY REUNIFICATION

Article 27. Inviting persons and family members of receiving persons

      1. The following persons may be inviting persons:

      1) citizens of the Republic of Kazakhstan;

      2) ethnic Kazakhs and former compatriots residing temporary in the territory of the Republic of Kazakhstan;

      3) immigrants residing permanently in the territory of the Republic of Kazakhstan and business-immigrants.

      2. Inviting persons shall have the right to apply on entry of their family members being foreign persons and stateless persons into Republic of Kazakhstan for the purpose of family reunification.

      3. Family members of inviting persons entering into Republic of Kazakhstan for the purpose of family reunification may be:

      1) husband (wife) being married no less than three years recognized by the legislation of the Republic of Kazakhstan;

      2) children, as well as adopted children not attained the age of eighteen years, not married and being in dependence and (or) under trusteeship (guardianship) of an inviting person;

      3) children, as well as adopted children older than eighteen years, not married and not able to make provisions to themselves on an independent basis according to reasons linked with health condition;

      4) disabled parents being in dependence of an inviting person;

      5) other family members the maintenance of which is the obligation of inviting person.

      4. The following family members of inviting person shall be allowed to the Republic of Kazakhstan for the purpose of family reunification:

      1) all the persons mentioned in paragraph 3 of this Article – if inviting person is the citizen of the Republic of Kazakhstan.

      Permit for temporary residence to mentioned persons shall be issued for the term up to three years with the right of the following extension;

      2) all the persons mentioned in subparagraphs 1), 2), 3) and 4) of paragraph 3 of this Article, if the inviting person is ethnic Kazakh or former compatriot that received permit for temporary residence (for the term no less than two years).

      Permit for temporary residence to mentioned persons shall be issued for the term of validity of the permit for temporary residence of an inviting person;

      3) persons mentioned in subparagraphs 1), 2), 3) and 4) of paragraph 3 of this Article, if the inviting person is immigrant residing permanently in the Republic of Kazakhstan, or business-immigrant residing on an continuous basis in the territory of the Republic of Kazakhstan no less than two years.

      Permits for temporary residence to family members of inviting person having permit for permanent residence shall be issued for one year with the right of annual extension.

      Permits for temporary residence to family members of inviting person being business immigrant shall be issued for one year with possibility of annual extension. By this, permits for temporary residence to family members of inviting person may not exceed the term of validity of permit for temporary residence of inviting person.

      5. Immigration for the purpose of family reunification shall not be allowed in respect of family members of the following categories of immigrants being in the territory of the Republic of Kazakhstan:

      1) for the purpose of receiving education (pupils of general education schools, students and probationers) for the period of study, professional training and (or) probation;

      2) seasonal foreign employees;

      3) immigrants on humanitarian motives.

Article 28. Procedure for receipt of entry visa into Republic of Kazakhstan for the purpose of family reunification

      1. Entry visa into Republic of Kazakhstan for the purpose of family reunification shall be issued on the basis of application of an inviting person on family reunification.

      2. Family members of inviting person for receipt of entry visa into Republic of Kazakhstan shall file application and the following documents to the foreign establishments of the Republic of Kazakhstan:

      1) application of inviting person;

      2) notarized copy of permit for temporary residence of the inviting person, with the exception of citizens of the Republic of Kazakhstan;

      3) notarized copy of documents certifying identity of inviting person and family members;

      4) confirmation of availability of money of inviting person for maintenance of each family member in month in amount no less than minimal living wage established by the Law on the republican budget for the corresponding financial year;

      5) confirmation of availability of dwelling place of inviting person in the territory of the Republic of Kazakhstan, the floor space of which conforms to established minimal standards for each family member, as well as sanitary and other regulations established by the legislation of the Republic of Kazakhstan;

      6) medical insurance for family members of inviting person;

      7) notarized copy of documents confirming family relations with inviting person represented by the authorized state bodies of the Republic of Kazakhstan or foreign state;

      8) document confirming existence or absence of record of conviction for adult family members.

      3. Immigrants having the right to residence in the Republic of Kazakhstan for the purpose of family reunification, permits shall be extended by internal affairs bodies in case of termination of effects of circumstances with existence of which the issuance of permits for temporary residence is linked (attainment of major age, death of person requested reunification, dissolution or annulment of marriage, on the basis of which the reunification is made) on the basis of their applications for the period up to six months upon conditions of confirming the existence of required financial means for this provided by subparagraph 4) of paragraph 2 of this Article.

      Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2018 No. 203-VI (shall be enforced from 01.01.2019).

Article 29. Rights and obligations of immigrants arrived for the purpose of family reunification

      1. Children entered into Republic of Kazakhstan for the purpose of family reunification shall have the right to receive education in the manner established by the legislation of the Republic of Kazakhstan.

      2. Immigrants arrived for the purpose of family reunification shall have the right to carrying out of labour activity on the following conditions:

      1) family members mentioned in subparagraph 1) of paragraph 3 of Article 27 of this Law, whose inviting persons are citizens of the Republic of Kazakhstan shall carry out labour activity on general conditions with citizens of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan;

      2) members of families which inviting persons are the persons listed in Subparagraphs 2) and 3) of Paragraph 1 of Article 27 of the present Law carry out work on the basis of local executive body of area, city of republican value, the capital of permission to involvement of foreign labor given to the foreign worker by authorized body concerning population shift of the certificate of compliance of qualification for independent employment and also to the employer within the quota established by the Government of the Republic of Kazakhstan and the order determined by authorized body concerning population shift.

      3. Immigrants arrived for the purpose of family reunification shall:

      1) bear responsibility provided by the Laws of the Republic of Kazakhstan in respect of immigrants stayed in the territory of the Republic of Kazakhstan;

      2) be obliged to leave the Republic of Kazakhstan upon completion of the term of validity of permit for temporary residence, if there are no legal grounds for the further stay.

      Footnote. Article 29 with the amandments made by the Law Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced dated 01.01.2017).

Chapter 5. IMMIGRATION FOR THE PURPOSE OF RECEIVING EDUCATION

Article 30. Immigrants arrived for the purpose of receiving education

      Students admitted to educational organizations implementing educational programs of general secondary, technical and professional, post-secondary, higher and post-graduate education, as well as through organizational exchange programs of students and undergoing of preparatory courses shall relate to immigrants arrived to the territory of the Republic of Kazakhstan for the purpose of receiving education.

Article 31. Conditions for entry of immigrants arrived for the purpose of receiving education

      Immigrants arrived for the purpose of receiving education shall be obliged to:

      1) represent confirmation of their paying capacity required for paying the residence, as well as education in accordance with agreement between immigrant and receiving educational organizations, with the exception of ethnic Kazakhs in the manner and amounts determined by the Government of the Republic of Kazakhstan;

      2) represent medical certificate confirming the absence of diseases impeding the receipt of education on elected specialty, and have medical insurance;

      3) represent confirmation of existence or absence of record of conviction;

      4) represent confirmation on admission to educational institutes and (or) confirm the consent of inviting party on professional training before entry into Republic of Kazakhstan.

Article 32. Conditions for issuing entry visa to immigrants arrived for the purpose of receiving education

      1. Entry visas to immigrants arrived for the purpose of receipt of education shall be issued by the Ministry of Foreign Affairs of the Republic of Kazakhstan and foreign establishments of the Republic of Kazakhstan with the consent of parents or trustees, guardians on the basis of application of an educational institution or authorized body on the issues of education for the term no more than one year determined on the basis of application of receiving educational organization.

      Permit for temporary residence to immigrants arrived for the purpose of receiving education shall be issued by internal affairs bodies on the basis of application of educational institute for the term of education determined on the basis of application of receiving educational organization.

      2. Entry visas and permits for temporary residence of immigrants arrived for the purpose of receiving education shall be extended on annual basis by internal affairs bodies for the term required for completion of education, but no more than one year, upon confirmation of receiving educational organization.

      3. Receiving educational organizations shall ensure well-timed clarification of the rights and obligations provided by the Laws of the Republic of Kazakhstan to immigrants arrived for the purpose of receiving education, and required conditions for their implementation, as well as bear responsibility established by the Laws of the Republic of Kazakhstan for untimely drawing up of documents for the right to their stay in the Republic of Kazakhstan, movement through the territory of country and to leave from the Republic of Kazakhstan upon expiry of the term of validity of permit for temporary residence.

      4. Permits for temporary stay of immigrants arrived for the purpose of receiving education from the states concluded agreements on visa-free procedure for entry and stay with the Republic of Kazakhstan shall be issued by internal affairs bodies in accordance with international treaties ratified by the Republic of Kazakhstan.

      Footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.11.2015 No. 421-V (shall be enforced (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Article 33. Main rights and obligations of immigrants arriving for the purpose of receiving education

      1. Right to receipt of gratuitous technical and professional, post-secondary, higher and post-graduate education by foreign persons or stateless persons on competition basis in accordance with the state education order shall be determined by international treaties ratified by the Republic of Kazakhstan.

      Ethnic Kazakhs arrived to the Republic of Kazakhstan for the purpose of receiving education shall have the right:

      1) temporary registration in hostels of institutions of technical and professional, postsecondary, higher and postgraduate education;

      2) submission of the petition on full-time residence and about inclusion in citizenship of the Republic of Kazakhstan in the simplified (registration) order.

      2. Immigrants arrived for the purpose of receiving education shall:

      1) incur obligations provided by the Laws of the Republic of Kazakhstan in respect of immigrants stayed in the territory of the Republic of Kazakhstan;

      2) obliged to leave the Republic of Kazakhstan upon completion of the full course of studies and (or) professional training, if there are no legal grounds for the further stay.

      Footnote. Article 33 with the amendments made by the Law RK dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Chapter 6. IMMIGRATION FOR THE PURPOSE OF CARRYING OUT OF LABOUR ACTIVITY

Article 34. Categories of immigrants arriving for the purpose of carrying out of labour activity

      Immigrants arriving for the purpose of carrying out of labor activity shall be divided into the following categories:

      1) labour immigrants – immigrants

      arrived for self-employment in professions in demand in priority sectors of the economy (types of economic activity involved as employers to implementation of work in the territory of the Republic of Kazakhstan, including arrived within the internal translation;

      2) business-immigrants – immigrants arrived for the purpose of carrying out of entrepreneurial activity in accordance with the legislation of the Republic of Kazakhstan;

      3) seasonal foreign employees – immigrants engaged to work by employers for performance of seasonal works that are carried out within particular period (season) in virtue of climatic or other natural conditions, but no more than one year;

      4) labour immigrants – immigrants arrived to the Republic of Kazakhstan as domestic employees for the purpose of performance of works (rendering of services) for employers – individuals in home economics on the basis of permit to labour immigrant.

      Footnote. Article 34 as amended by the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 27.10.2015 No. 365-V (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 24.11.2015 No. 421-V (shall be enforced 01.01.2017).

Article 35. Conditions for entry of foreign employees

      The foreign workers arriving for independent employment or involved by employers including within the internal translation, are obliged:

      1) be adult;

      2) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced dated 01.01.2017);

      3) have education, qualification and experience required for performance of coming work;

      4) represent confirmation of existence or absence of record of conviction;

      5) represent medical certificate confirming absence of diseases impeding the labour activity on elected specialty;

      6) to have the health insurance covering primary health care, the stationary help.

      Footnote. Article 35 with the amendments made by laws of the Republic of Kazakhstan dated 27.10.2015 No. 365-V (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 16.11.2015 No. 406-V (shall be enforced dated 01.01.2018); dated 24.11.2015 No. 421-V (shall be enforced dated 01.01.2017).

Article 36. Conditions for issuing entry visas to foreign employees

      1. Entry visas to foreign employees shall be issued by the Ministry of Foreign Affairs of the Republic of Kazakhstan and foreign establishments of the Republic of Kazakhstan on the basis and for the term of validity of employment authorization issued to foreign employee or permit to employer for engagement of foreign working power.

      2. excluded by the Law of Republic of Kazakhstan dated 24.11.2015 № 422-V (shall be enforced dated 01.01.2016).

      3. Permit for temporary residence to foreign employees arrived from the states concluded the agreements on free-visa procedure for entry and stay with the Republic of Kazakhstan shall be issued by internal affairs bodies in accordance with international treaties ratified by the Republic of Kazakhstan.

      4. Entry visas and permits for temporary residence to foreign employees shall be extended by internal affairs bodies for one year in existence of employment authorization of foreign employee or permit of employer for engagement of foreign working power for the coming year.

      5. Entry visas to foreign employees of public authorities are given by the Ministry of Foreign Affairs of the Republic of Kazakhstan and foreign institutions of the Republic of Kazakhstan on the basis and for period of validity of the employment contract with the appropriate public authority.

      Footnote. Article 36 as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.10.2015 No. 365-V (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 23.11.2015 No. 417-V (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 24.11.2015 No. 422-V (shall be enforced dated 01.01.2016); dated 22.12.2016 No. 28-VI (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Article 37. Procedure for issuance of employment authorizations to foreign employees and permits to employers for engagement of foreign working power

      1. Engagement of foreign working power shall be carried out on the basis of quota provided by the local executive bodies within the quota established by the Government of the Republic of Kazakhstan..

      For obtaining permission to attract foreign labor, employers are charged a fee in accordance with the tax legislation of the Republic of Kazakhstan.

      The procedure for establishing a quota for attracting foreign labor to the Republic of Kazakhstan and its distribution among regions of the Republic of Kazakhstan is determined by the Government of the Republic of Kazakhstan.

      2. The foreign workers translated within the internal translation and also who arrived for independent employment carry out temporary work according to the purposes of stay and are obliged to leave the country after end of the term specified in the employment contract, which is not exceeding three years.

      The order and conditions of delivery and (or) extension of permissions to employers to involvement of foreign labor and also implementation of the internal translation are approved by authorized body concerning population shift.

      3. Foreign workers can arrive for independent employment by the professions demanded in priority branches of economy (types of economic activity) and on condition of obtaining the certificate of compliance of the qualification given by authorized body concerning population shift for the term of no more than three months with the right of extension on the basis of period of validity of the employment contract, but no more than three years.

      Order of issue of certificates to the foreign worker of compliance of qualification for independent employment, the list of the priority branches of economy (types of economic activity) and the professions demanded in them for independent employment of foreign workers are defined by authorized body concerning population shift in coordination with the authorized public authorities performing management of the respective sphere of public administration.

      Footnote. Article 37 in edition of the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced dated 01.01.2017).

Article 38. Features of regulation of work of foreign workers from among ethnic Kazakhs and the former compatriots

      The local executive body gives permissions to employers on involvement of foreign labor from among ethnic Kazakhs and the being authorized compatriots in the simplified order determined by body concerning population migration.

      Footnote. Article 38 in edition of the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced dated 01.01.2017).

Article 39. Conditions for entry and issuance of entry visas to business-immigrants

      1. For receipt of entry visas, business-immigrants shall be obliged to:

      1) be adult;

      2) represent medical certificate confirming absence of diseases impeding the labour activity;

      3) to have the health insurance covering primary health care, the stationary help;

      4) represent confirmation of existence or absence of record of conviction and prohibition for carrying out of entrepreneurial activity on the ground of court decision;

      5) excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced dated 01.01.2015).

      2. Entry visas into Republic of Kazakhstan shall be issued to business-immigrants by the Ministry of Foreign Affairs of the Republic of Kazakhstan and foreign establishments for the term up to two years.

      3. Entry visas and permits for temporary residence to business-immigrants from among ethnic Kazakhs, as well as those arrived from the states that concluded the agreements on free-visa procedure for entry and stay with the Republic of Kazakhstan shall be issued for the term up to three years.

      Footnote. Article 39 with the amendments made by laws of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced dated 01.01.2015); dated 16.11.2015 No. 406-V (shall be enforced dated 01.01.2018).

Article 40. Conditions for stay of business-immigrants in the territory of the Republic of Kazakhstan and their carrying out of entrepreneurial activity

      1. Compulsory condition for stay of business-immigrants in the territory of the Republic of Kazakhstan is carrying out of entrepreneurial activity.

      2. Within two months term from the date of entry into the territory of the Republic of Kazakhstan business-immigrant shall be obliged to:

      1) register commercial organization in the Republic of Kazakhstan or join to composition of participants (shareholders) of commercial organizations carrying out activity in the territory of the Republic of Kazakhstan in accordance with civil legislation of the Republic of Kazakhstan;

      2) contribute sum of money to the second tier bank of the Republic of Kazakhstan no less than minimal amount established by the legislation of the Republic of Kazakhstan upon registration of legal entity for formation its charter capital.

      In case of non-fulfillment of obligations established by this Law by business-immigrants, internal affairs bodies shall take decision on reduction of the duration of stay of business-immigrants to the term required for their voluntary leave on the basis of application of local executive bodies.

      Creation of legal entity, as well as participation in charter capital of commercial organizations by joining to composition of participants of legal entities shall be prohibited to foreign persons that didn’t receive entry visas in the capacity of business-immigrants.

      3. Import of equipment for organization of entrepreneurial activity to the territory of the Republic of Kazakhstan by business-immigrant shall be carried out on conditions and in the manner determined by customs legislation of the Republic of Kazakhstan.

      4. Business immigrants may move freely through the territory of the Republic of Kazakhstan opened for visiting by foreign persons and choose the place of residence in accordance with the manner established by the legislation of the Republic of Kazakhstan.

      Footnote. Article 40 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 41. Conditions for entry and stay of seasonal foreign employees

      1. Entry visas to seasonal foreign employees shall be issued by foreign establishments of the Republic of Kazakhstan on the basis of permits for engagement of foreign working power.

      2. Permits for temporary residence of seasonal foreign employees arrived from the states concluded agreements on free-visa procedure for entry and stay with the Republic of Kazakhstan shall be issued by internal affairs bodies.

      3. Seasonal foreign employees shall be obliged to:

      1) be adult;

      2) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced dated 01.01.2017);

      3) represent medical certificate confirming the absence of diseases impeding the labour activity;

      4) to have the health insurance covering primary health care, the stationary help.

      Footnote. Article 41 as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.11.2015 No. 406-V (shall be enforced dated 01.01.2018); of 24.11.2015 No. 421-V (shall be enforced dated 01.01.2017).

Article 42. Conditions for engagement of seasonal foreign employees

      1. Seasonal foreign employees shall be engaged in work in separate branches of economy in accordance with international treaties ratified by the Republic of Kazakhstan or on the basis of permits issued to employers by local executive bodies for engagement of foreign working power within the quota on conditions and in the manner determined by the Government of the Republic of Kazakhstan.

      2. The employers involving seasonal foreign workers are obliged to provide them the temporary accommodation meeting sanitary and epidemiologic, technical and other mandatory requirements according to the legislation of the Republic of Kazakhstan on the housing relations.

      Footnote. Article 42 with the amendments made by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced dated 01.01.2015).

Article 43. Main rights and obligations of immigrants arrived for the purpose of carrying out of labour activity

      1. Immigrants arrived for the purpose of carrying out of labour activity shall:

      1) incur obligations provided by the Laws of the Republic of Kazakhstan in respect of immigrants arriving to the territory of the Republic of Kazakhstan;

      2) be obliged to leave the Republic of Kazakhstan upon completion of the term of permits, if there are no legal grounds for the further stay.

      2. Foreign employee arrived to the Republic of Kazakhstan except for seasonal employee shall have the right to:

      1) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 № 421-V (shall be enforced dated 01.01.2017);

      2) that engaged by employer for carrying out of labour activity, after completion of the term of permit – to file application on receipt of employment authorization.

      Footnote. The article with the aamendment made by the Law of the Republic of Kazakhstan dated 24.11.2015 № 421-V (01.01.2017).
      Note of RCLI!
      It shall be provided amendments to Article 43-1 by the Law of the Republic of Kazakhstan dated 30.12.2016 No. 41-VI (shall be enforced from 01.01.2021).

Article 43-1. Conditions for entry and stay of labour immigrants

      Labour immigrants shall conform, to the following requirements:

      1) be the citizens of countries with which the Republic of Kazakhstan concluded agreements on free-visa procedure for entry and stay providing possibility of stay in the Republic of Kazakhstan without visas for the term of no less than three months;

      2) be adult;

      3) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of expiry of ten calendar days after day of its first official publication);

      4) represent confirmation of existence or absence of record of conviction;

      5) represent medical certificate confirming the absence of diseases impeding the labour activity on elected specialty;

      6) to have the health insurance covering primary health care, the stationary help.

      2. Permit for temporary residence to labour immigrants shall be issued and extended by internal affairs bodies in the manner established by the Government of the Republic of Kazakhstan for the term of validity to labour immigrant.

      Maximal term of continuous temporary residence of labour immigrant in the Republic of Kazakhstan may not exceed twelve months.

      Footnote. The Law is supplemented by Article 43-1 in accordance with the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); with the amendments made by the Republic of Kazakhstan dated 16.11.2015 № 406-V (shall be enforced dated 01.01.2018); dated 24.11.2015 No. 421-V (shall be enforced upon expiry of expiry of ten calendar days after day of its first official publication).
      Note of RCLI!
      It shall be provided amendments to Article 43-2 by the Law of the Republic of Kazakhstan dated 30.12.2016 No. 41-VI (shall be enforced from 01.01.2021).

Article 43-2. Procedure for issuing permit to labour immigrant

      1. Permit to labor immigrant shall be issued for the term mentioned in application on issuance of permit and may constitute one, two or three months.

      Maximal term of permit to labour immigrant may not exceed twelve months.

      New permit to labour immigrant shall be issued no earlier than thirty calendar days after completion of the term of previous permit.

      Permit to labour immigrant shall be issued upon representing the documents confirming legality of its locating in the territory of the Republic of Kazakhstan, as well as payment of preliminary payment on individual income tax for the period mentioned in application on receipt of permit.

      Upon issuing permits to labour immigrants, the registration, formation of dacto, photo reporting of labor immigrants.

      2. Upon application of labor immigrant, permit to labor immigrant shall be extended repeatedly for the term mentioned in the application and may constitute one, two and three months.

      Permit to labour immigrant shall be extended upon representing documents confirming performance of works (rendering of services) of employers – individuals in home economics for the previous period, as well as payment of preliminary payment on individual income tax for the period on which the permit to labour immigrant is extended.

      3. Procedure for issuance, extension and revocation of permit to labour immigrant, as well as procedure for registration, formation and maintenance of dacto, photo reporting of labour immigrants shall be determined by the Ministry of Internal Affairs of the Republic of Kazakhstan.

      4. Permit to labour immigrant is the ground for conclusion of labour agreement on performance of works (rendering of services) of employers – individuals in home economics.

      5. Conclusion of labour agreements on performance of works (rendering of services) in home economics by one employer – individual with more than five labour immigrants simultaneously shall not be allowed.

      6. Permit to labour immigrant shall grant the right to labour immigrant to perform the works (render services) in home economics of employer – individual in the territory of administrative-territorial entity in which it is issued.

      Footnote. The Law is supplemented by Article 43-2 in accordance with the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 7. IMMIGRATION ON HUMANITARIAN AND POLITICAL MOTIVES

Article 44. Categories of immigrants arriving on humanitarian motives

      Immigrants arriving on humanitarian motives shall include:

      1) voluntary servants – immigrants arriving to the Republic of Kazakhstan for rendering of services in the scope of education, health care service and social assistance without compensation;

      2) immigrants arriving to the Republic of Kazakhstan under the terms of international treaties ratified by the Republic of Kazakhstan for the purpose of rendering of beneficent, humanitarian assistance and provision of grants.

Article 45. Immigrants arriving on political motives

      Immigrants arriving on political motives shall include:

      1) refugees;

      2) persons being provided by political asylum;

Article 46. Conditions for entry and issuance of entry visas to immigrants arriving on humanitarian motives

      1.Entry visas to immigrants arriving to the Republic of Kazakhstan on humanitarian motives shall be issued for the term up to one year by foreign establishments of the Republic of Kazakhstan on the basis of application of representative of international organization accredited in the Republic of Kazakhstan, or foreign non-government social organization (fund) registered officially in the country of its residence in accordance with the legislation of this state.

      2. Immigrants arriving on humanitarian motives shall not have the right to engage in activity not provided by the purposes of entry in the territory of the Republic of Kazakhstan.

      Footnote. The article 46 with the amendments made by the Republic of Kazakstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of expiry of ten calendar days after day of its first official publication).

Article 47. Conditions for entry and stay on political motives

      1. Conditions for entry and stay of persons searching for asylum, relations on provision of asylum to foreign persons and stateless persons and assigning them a status of refugee, legal status of refugees in the territory of the Republic of Kazakhstan shall be regulated by the legislation of the Republic of Kazakhstan on refugees.

      2. Procedure for provision of political asylum shall be determined by the President of the Republic of Kazakhstan.

Chapter 8. COMMON GROUNDS FOR REFUSAL TO IMMIGRANT IN ENTRY INTO REPUBLIC OF KAZAKHSTAN AND IN RECEIPT OF PERMIT FOR PERMANENT RESIDENCE IN THE REPUBLIC OF KAZAKHSTAN

      Note of RCLI!
      Article 48 shall be provided to supplement by Subparagraph 10-1) in accordance with the Law of the Republic of Kazakhstan dated 30.12.2016 No. 41-VI (shall be enforced from 01.01.2021).

Article 48. Grounds for refusal to immigrant in entry into Republic of Kazakhstan

      Immigrant shall be prohibited to enter the Republic of Kazakhstan:

      1) in behalf of national security protection, protection of public order and health of population;

      2) if his (her) actions are directed to forcible change of constitutional order;

      3) if he (she) acts against sovereignty and independence of the Republic of Kazakhstan, calls to violation of unity and integrity of its territory;

      4) if it kindles international, interfaith and religious strife;

      5) if it is required for protection of rights and legal interests of citizens of the Republic of Kazakhstan and other persons;

      6) if bodies of national security have data on his participation in extremism or terrorist activity and also in case of recognition by court in its actions of a dangerous recurrence;

      7) if he (she) didn’t carry out recovery for commission of criminal or administrative infraction imposed on him (her) during the previous stay in the Republic of Kazakhstan;

      8) if during the previous stay in the Republic of Kazakhstan he (she) didn’t represent declaration on individual income tax in the case when representation of the declaration is provided by the legislation of the Republic of Kazakhstan;

      9) if he (she) didn’t represent confirmation on existence of funds required for stay and leave from the Republic of Kazakhstan in the manner determined by the Government of the Republic of Kazakhstan with the exception of ethnic Kazakhs, persons born or being previously in citizenship of the Republic of Kazakhstan or Kazakh Soviet Socialist Republic and their family members;

      10) if he (she) informed false details or didn’t represent required documents within the term established by the legislation of the Republic of Kazakhstan upon applying on entry;

      11) in existence of diseases being contraindication for entry into Republic of Kazakhstan;

      12) if it lost citizenship of the Republic of Kazakhstan on the bases provided by Subparagraph 8) of part one of Article 21 of the Law of the Republic of Kazakhstan of December 20, 1991 On citizenship of the Republic of Kazakhstan" earlier;

      13) if it is earlier deprived of citizenship of the Republic of Kazakhstan on the bases provided by Article 20-1 of the Law of the Republic of Kazakhstan of December 20, 1991 "On citizenship of the Republic of Kazakhstan".

      Immigrants deported previously from the Republic of Kazakhstan shall be prohibited to enter Republic of Kazakhstan within five years from the date of delivery of decision on deportation.

      Are not considered the statements of the adopting persons for the invitation to the Republic of Kazakhstan of immigrants if within one year before submission of such statement the accepting persons were made responsible for rejection of measures for timely registration of immigrants, to paperwork on the right of their stay in the Republic of Kazakhstan and to ensuring departure from the Republic of Kazakhstan after a certain term of stay.

      Footnote. Article 48 is in the wording of the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); with the changes made by Laws of the Republic of Kazakhstan dated 03.11.2014 No. 244-V (shall be enforced dated 02.01.2015); dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 22.12.2016 No. 28-VI (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 11.07.2017 No. 91-VI (shall be enforced upon expiry of ten calendar days after day of its first official publication).
      Note of RCLI!
      Article 49 shall be provided to supplement by Subparagraph 10-1 in accordance with the Law of the Republic of Kazakhstan dated 30.12.2016 No. 41-VI (shall be enforced from 01.01.2021).

Article 49. Grounds for refusal in issuing or annulling permit for permanent residence in the Republic of Kazakhstan

      Issuance of permit for permanent residence in the Republic of Kazakhstan shall be refused to immigrants or previously issued permit shall be annulled:

      1) to those arrived illegally, as well as those persecuted for commission of crimes according to the legislation of countries the natives of which they are;

      2) to those released from the places of deprivation of freedom, the permanent place of residence of which was beyond the boundaries of the Republic of Kazakhstan before conviction;

      3) to those committed crimes against mankind;

      4) not provided the confirmation of the solvency in the order and the sizes determined by the Government of the Republic of Kazakhstan except for the ethnic Kazakhs, the former compatriots who were born or who were earlier a citizen of the Kazakh Soviet Socialist Republic or the Republic of Kazakhstan and also the persons having the right for acquisition of citizenship of the Republic of Kazakhstan in the simplified order on the basis of international treaties of the Republic of Kazakhstan and members of their families;

      5) repeatedly violating the law on a legal status of foreigners in the Republic of Kazakhstan;

      6) kindling international, interfaith and religious strife;

      7) the actions of which are oriented to forcible change of the constitutional order;

      8) to those acting against the sovereignty and independence of the Republic of Kazakhstan, calling to violation of unity and integrity of its territory;

      9) having not removed or unspent conviction for crime;

      9-1) in the presence of data at bodies of national security on their participation in extremism or terrorist activity;

      10) to those represented false documents or informed false details about themselves upon applying on permit for permanent residence in the Republic of Kazakhstan or that didn’t represent required documents within the term established by the legislation of the Republic of Kazakhstan without reasonable excuse;

      11) to those deported from the Republic of Kazakhstan within five years to the moment of issuance of permit for permanent residence in the Republic of Kazakhstan;

      12) if it is required for protection of rights and legal interests of citizens of the Republic of Kazakhstan and other persons;

      13) to those received permit for permanent residence and residing in the territory of the Republic of Kazakhstan no less than one hundred eighty three calendar days within any sequential twelve-month period from the date of issuance of permit for permanent residence;

      13-1) excluded by the Law RK of 24.11.2015 No. 421-V (becomes effective after ten calendar days after day of its first official publication);

      14) having entered into marriage with citizens of the Republic of Kazakhstan, which has served as the basis for obtaining a residence permit, in the event that this marriage is declared invalid by a court decision that has entered into force;

      14-1) brought to administrative responsibility for offense in the field of population migration, taxation and the labor law of the Republic of Kazakhstan;

      14-2) to the interests of national security creating threat;

      15) to those having diseases being contraindication for entry into Republic of Kazakhstan;

      16) if they lost citizenship of the Republic of Kazakhstan on the bases provided by Subparagraph 8) of part one of Article 21 of the Law of the Republic of Kazakhstan of December 20, 1991 "On citizenship of the Republic of Kazakhstan" earlier;

      17) if they are earlier deprived of citizenship of the Republic of Kazakhstan on the bases provided by Article 20-1 of the Law of the Republic of Kazakhstan of December 20, 1991 "On citizenship of the Republic of Kazakhstan".

      Refusal in issuance of residence permit or certificate of stateless person may be appealed in the manner established by the legislation of the Republic of Kazakhstan.

      Delivery of permission to immigrants to full-time residence in the Republic of Kazakhstan without positive coordination of bodies of national security is forbidden.

      Footnote. Article 49 as amended by the Law of the Republic of Kazakhstan dated 10.12.2013 No. 153-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 03.11.2014 No. 244-V (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 22.12.2016 No. 28-VI (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 11.07.2017 No. 91-VI (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Chapter 9. INTERNAL MIGRANTS IN THE REPUBLIC OF KAZAKHSTAN

Article 50. Internal migrants resettled in an orderly manner and independently resettling internal migrants

      Footnote. The headline of the article 50 in the wording of the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication).

      Internal migrants in the Republic of Kazakhstan shall be divided in:

      1)voulnteerly resettling in the regions in accordance with the Government of the Republic of Kazakhstan;

      2) resettling independently at own will expression.

      Footnote. The article 50 with the amendments made by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Article 51. Main rights and obligations in internal migrants

      1. Internal migrants shall have the right to:

      1) freedom of movement in the territory of the Republic of Kazakhstan, free choice of the place of residence except for the cases preconditioned by the Law of the Republic of Kazakhstan;

      2) protection against compulsory movement from the residence or the place of temporary stay (accommodation);

      2-1) participation in active measures of assistance of employment according to the legislation of the Republic of Kazakhstan on employment of the population;

      3) provision of assistance in employment.

      Compulsory movement of individuals on the grounds not provided by the Law of the Republic of Kazakhstan shall not be allowed.

      2. Internal migrants shall be obliged:

      1) to be registered at the place of residence and the place of temporary stay (accommodation) in the territory of the Republic of Kazakhstan in the order determined by the Government of the Republic of Kazakhstan;

      2) ahead of schedule to return in full the measures of the state support received by them provided to participants of active measures of assistance of employment according to the legislation of the Republic of Kazakhstan on employment of the population in cases of internal independent migration on own will out of borders of the regions determined by the Government of the Republic of Kazakhstan within five years.

      Footnote. Article 51 with the amendments made by laws of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 22.12.2016 No. 28-VI (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Chapter 10. PROVISION OF ASSISTANCE TO INTERNAL MIGRANTS

Article 52. Establishment of quota of resettlement of internal migrants

      1. Quota of resettling internal migrants shall be established by the Government of the Republic of Kazakhstan upon recommendation of authorized body on the issues of migration of population.

      2. Is excluded by the Law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

      3. Inclusion into the regional quota of immigrants reception shall be carried out on the basis of an application submitted by the immigrant to the local executive authorities, in the manner determined by the authorized agency on the issues of migration of population.

      Footnote. Article 52 in the wording by laws of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication); dated 16.04.2018 No. 147-VІ (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 53. Social assistance to citizens of the Republic of Kazakhstan included to the quota of resettlement of internal migrants

      Citizens of the Republic of Kazakhstan included to the quota of resettlement of internal migrants shall be paid by lump sum benefits, including expenses for travel to the permanent place of residence and carriage of property, and concessional credit loans shall be provided for construction, restoration and acquisition of dwelling place in the manner determined by the Government of the Republic of Kazakhstan.

      Footnote. Article 53 in the wording by laws of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Chapter 11. CONDITIONS AND PROCEDURE FOR ENTRY OF CITIZENS OF THE REPUBLIC OF KAZAKHSTAN BEYOND THE BOUNDARIES OF CONUTRY. PREVENTION OF ILLEGAL MIGRATION

Article 54. Categories of citizens of the Republic of Kazakhstan leaving beyond the boundaries of country

      Citizens of the Republic of Kazakhstan leaving beyond the boundaries of country shall be divided into two categories:

      1) citizens of the Republic of Kazakhstan leaving to other state for permanent residence;

      2) citizens of the Republic of Kazakhstan leaving into other state for temporary residence.

      Citizens of the Republic of Kazakhstan leaving to the other state for temporary residence are the personnel of foreign establishments of the Republic of Kazakhstan, citizens of the Republic of Kazakhstan carrying out temporary labour activity in foreign states, military servants performing peacemaking, appointed in accordance with quotas on offices under international organizations assigned to the Republic of Kazakhstan, as well as persons being on study, under treatment, in guided tour and private journey, upon invitation of organizations and private persons, in official business trip in foreign countries.

Article 55. Conditions and procedure for leave of citizens of the Republic of Kazakhstan beyond the boundaries of country

      1. Every one shall have the right to leave beyond the boundaries of the Republic of Kazakhstan. Citizens of the Republic of Kazakhstan shall have the right to unimpeded return to the Republic of Kazakhstan.

      2. Leave for permanent place of residence from the Republic of Kazakhstan shall be carried out after drawing up of documents to leave by internal affairs bodies.

      3. Application on leave beyond the boundaries of the Republic of Kazakhstan to permanent place of residence shall be filed to internal affairs bodies:

      1) by capable citizens – in person;

      2) in the name of children and citizens recognized incapable by court – by their legal representatives.

      4. Internal affairs bodies shall verify the absence of the grounds for refusal in leave beyond the boundaries of the Republic of Kazakhstan to citizens that filed applications on leave beyond the boundaries of the Republic of Kazakhstan for permanent place of residence.

      Requests of internal affairs bodies in respect of citizens that filed the applications on leave beyond the boundaries of the Republic of Kazakhstan for permanent place of residence shall be considered by interested state bodies within ten days term.

      Decision on drawing up of documents on leave beyond the boundaries of the Republic of Kazakhstan for permanent place of residence shall be taken no later than monthly term from the date of representing all the documents by an applicant in the manner determined by the Government of the Republic of Kazakhstan.

      5. Financing of expenses linked with leave of citizens of the Republic of Kazakhstan from the Republic of Kazakhstan for permanent place of residence to other states shall be carried out at the expense of own funds of leaving persons, as well as may be carried out from the other sources, unless this contradicts the legislation of the Republic of Kazakhstan.

      6. Citizens of the Republic of Kazakhstan leaving from the Republic of Kazakhstan for permanent place of residence to the other states shall have the right to export beneficially owned property belonged to them and their family members at their expense in accordance with the legislation of the Republic of Kazakhstan.

      7. Export of objects representing cultural, historical or another value for the state by citizens beyond the boundaries of the Republic of Kazakhstan shall be regulated in the manner established by the legislation of the Republic of Kazakhstan.

      8. Rights of property of persons that left from the Republic of Kazakhstan for the permanent place of residence to other states, being in the territory of the Republic of Kazakhstan shall be determined by the legislation of the Republic of Kazakhstan.

      Footnote. Article 55 as amended by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 56. Grounds for refusal in provision of permit to citizen of the Republic of Kazakhstan for leave from the country for permanent place of residence

      Citizen of the Republic of Kazakhstan shall temporary refuse in leave from the Republic of Kazakhstan for permanent place of residence in cases, if he (she):

      1) have details constituting state and other secrets protected by the Law, and didn’t notify the relevant authorized bodies on the fact of his (her) leave beyond the boundaries of the Republic of Kazakhstan – before termination of actions of these circumstances;

      2) is detained on suspicion in commission of crime or brought as accused person, the defendant, or concerning him the decree on qualification of act of the suspect is issued – until delivery of decision on case or entering of court verdict into force;

      3) is convicted for commission of crime – until serving punishment or release from punishment;

      4) evades from fulfillment of obligations imposed on him (her) by court – until termination of these circumstances;

      5) performs compulsory military service – until completion of performing this service or before release from it in accordance with the Law of the Republic of Kazakhstan “On military service and status of military servants”;

      6) informed false details about himself (herself) during drawing up of documents for leaving the Republic of Kazakhstan – until elimination of reasons served as the ground for refusal and representing of reliable details;

      7) is defendant in civil proceeding – until entering of court decision into force.

      Citizen of the Republic of Kazakhstan shall be refused in leaving for permanent place of residence beyond the boundaries of the Republic of Kazakhstan in case of existence of his (her) debts for tax.

      In all the cases of restricting the right to leave from the Republic of Kazakhstan for permanent place of residence, internal affairs bodies shall issue notification to citizen of the Republic of Kazakhstan in which, the ground and term of restriction and procedure for appeal of this decision are stated.

      Footnote. Article 56 as amended by the Laws of the Republic of Kazakhstan dated 16.02.2012 No. 526-IV (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 No. 233-V (shall be enforced dated 01.01.2015).

Article 57. Rights and obligations of citizen of the Republic of Kazakhstan stayed beyond the boundaries of the Republic of Kazakhstan

      Citizens of the Republic of Kazakhstan stayed beyond the boundaries of the Republic of Kazakhstan shall have all the rights and freedoms, as well as incur all the obligations established by the Constitution, Laws and international treaties ratified by the Republic of Kazakhstan.

      Republic of Kazakhstan shall guarantee protection and wardship to all its citizens beyond its boundaries.

Article 58. Prevention of illegal immigration and measures of legalizing immigrants with non-regulated legal status

      1. Entry of immigrants into the territory of the Republic of Kazakhstan is possible on condition of their performance of requirements of the legislation of the Republic of Kazakhstan regulating procedure for entry, leave, stay and travel in transit, as well as international treaties ratified by the Republic of Kazakhstan.

      2. Authorized state bodies shall carry out migration control, as well as accounting of foreign persons and stateless persons crossing illegally the State Border of the Republic of Kazakhstan, staying illegally in the territory of the Republic of Kazakhstan, as well as persons to which the entry into the territory of the Republic of Kazakhstan is prohibited in the manner determined by the Government of the Republic of Kazakhstan.

Chapter 12. RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN IN THE FIELD OF MIGRATION OF POPULATION. SETTLEMENT OF DISPUTES

Article 59. Responsibility for violation of the legislation of the Republic of Kazakhstan in the field of migration of population

      Violation of the legislation of the Republic of Kazakhstan in the field of migration of population shall entail responsibility established by the Laws of the Republic of Kazakhstan.

Article 60. Deportation of illegal immigrants

      1. Illegal immigrants shall be subject to deportation beyond the boundaries of the Republic of Kazakhstan to the state of their origin (country of citizenship of foreign person or permanent residence of stateless person) in accordance with the legislation of the Republic of Kazakhstan.

      Decision on deportation shall be taken by court.

      Detention of illegal immigrants and their maintenance in special institutions of internal affairs bodies shall be allowed for the term required for deportation beyond the boundaries of the territory of the Republic of Kazakhstan in the manner established by the Law of the Republic of Kazakhstan.

      2. The costs of expulsion shall be incurred by expelled illegal immigrants, individuals or legal entities who have invited an illegal immigrant to the Republic of Kazakhstan or used his labor at the time of establishing the fact of the illegal stay of an immigrant in the Republic of Kazakhstan. In cases of absence or insufficiency of funds from these persons to cover the costs of expulsion, financing of relevant activities is carried out at the expense of budget funds, while funds spent on expulsion are subject to reimbursement in court on claims of interested public authorties to the above-mentioned persons.

      In accordance with international treaties ratified by the Republic of Kazakhstan, the transport organization that carried the persons entered without the right of entry shall be liable for their leave from the territory of the Republic of Kazakhstan.

      Footnote. The article 60 with the amendments made by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after day of its first official publication).

Article 61. Settlement of disputes

      Decision and actions (omission) of authorized bodies and (or) their civil servants may be appealed in superior state bodies (to senior civil servant) and (or) in court in accordance with the Laws of the Republic of Kazakhstan.

Chapter 12. FINAL PROVISIONS

Article 62. Procedure for applying this Law

      1. This Law shall be applied to relations in the field of migration of population arising after its enforcement.

      2. Documents issued by authorized state bodies before enforcement of this Law shall preserve their validity.

Article 63. Order for enforcement of this Law

      1. This Law enters into force upon expiry of ten calendar days after its first official publication, with the exception of subparagraph 3) of Article 8, subparagraph 1) of Article 50 and chapter 10 that enters into force from 1 January 2015.

      2. The Law of the Republic of Kazakhstan dated 13 December 1997 “On migration of population” shall be deemed to have lost force (Bulletin of the Parliament of the Republic of Kazakhstan, 1997, No. 24, Article 341; 2001, No. 8, Article 50; No. 21-22, Article 285; No. 24, Article 338; 2002, No. 6, Article 76; 2004, No. 23, Article 142; 2007, No. 3, Article 23; No. 15, Article 106; No. 20, Article 152; 2008, No. 23, Article 114; 2009, No. 23, Article 117; 2010, No. 24, Article 149).

The President
of the Republic of Kazakhstan



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