September 16, 2022

Citizenship of Kazakhstan

“The citizenship of the Republic of Kazakhstan defines a stable political and legal relationship of a person with the state, expressing the totality of their mutual rights and obligations. In the Republic of Kazakhstan, everyone has the right to citizenship” (Article 1 of the Law of the Republic of Kazakhstan “On Citizenship” dated December 20, 1991).

 

The main sources of this article:

In this article you will find information:

  1. Acquisition of citizenship of the Republic of Kazakhstan
  2. The generally established procedure for admission to citizenship of the Republic of Kazakhstan
  3. Simplified procedure for admission to citizenship of the Republic of Kazakhstan
  4. Citizenship of the child
  5. Grounds for refusal of admission to citizenship of the Republic of Kazakhstan
  6. Documents required for admission to citizenship of the Republic of Kazakhstan and restoration of citizenship of the Republic of Kazakhstan in foreign institutions of the Republic of Kazakhstan. 
    1. Acquisition of citizenship of the Republic of Kazakhstan

In accordance with Article 10 of the Law of the Republic of Kazakhstan , citizenship is acquired:

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

According to Article 16 of the Law, the following persons can be admitted to citizenship of the Republic of Kazakhstan:

  • persons who have been permanently residing in the territory of the Republic of Kazakhstan for at least five years (at the time of submitting an application for citizenship, the five-year period of residence in the Republic of Kazakhstan must be continuous) or married to a citizen of the Republic of Kazakhstan (residing for at least 3 years);
  • citizens of the former Soviet republics who arrived in the Republic of Kazakhstan for permanent residence, having one of the close relatives – citizens of the Republic of Kazakhstan: a child (including an adopted one), a spouse, one of the parents (adoptive parents), a sister, brother, grandfather or grandmother, regardless of the period of their residence in the Republic Kazakhstan.

According to Article 16-1 of the Law, citizenship of the Republic of Kazakhstan can be accepted in a simplified (registration) procedure:

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

  • «Kandas»-es permanently residing in the territory of the RoK legally, regardless of the length of residence;
  • rehabilitated victims of mass political repressions, as well as their descendants, deprived or lost citizenship without their free will, permanently residing on the territory of the RoK legally, regardless of the period of residence;
  • Ethnic Kazakhs studying in higher educational institutions of the RoK.

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

 

  1. Generally established procedure for admission to citizenship of the Republic of Kazakhstan

Foreigners who do not have the right to receive citizenship in a simplified manner, and who wish to take citizenship of the Republic of Kazakhstan, must apply with a petition to the territorial divisions of the migration service at their place of permanent residence. The application-petition is submitted to the President of the Republic of Kazakhstan. The application must indicate the reasons for admission to citizenship.

According to the Rules of reception, registration and consideration by the internal affairs bodies of petitions (applications) for admission to the citizenship of the Republic of Kazakhstan for consideration by the internal Affairs bodies of the Republic of Kazakhstan of issues related to the citizenship of the Republic of Kazakhstan, the following documents are attached to the application:

  • application form in the prescribed form;
  • autobiography;
  • four photos measuring 3.5 x 4.5 cm;
  • obligation to comply with the conditions provided for in Article 1 of the Law of the Republic of Kazakhstan;
  • a copy of the identity document and proof of belonging to the citizenship of another state, a certificate of a stateless person, a birth certificate of a child;
  • document on payment of the state duty in the amount of 1 MCI or exemption from its payment;
  • certificate of absence or termination of the previous citizenship issued by the competent authority of another state.

In addition to the listed documents they represent:

  • persons who meet the requirements of the list of professions and requirements for persons in respect of whom a simplified procedure for admission to citizenship of the Republic of Kazakhstan is established, approved by the Decree of the President of the Republic of Kazakhstan dated June 6, 2005 N 1587 – petition of the relevant state body;
  • persons who have returned for permanent residence in the Republic of Kazakhstan as to their historical homeland – a certificate of Kandas and a statement of renunciation of their former citizenship;
  • a person applying for citizenship of the Republic of Kazakhstan, who is married to a citizen of the Republic of Kazakhstan at the time of filing the application (application), submits a notarized copy of the marriage certificate.
  • citizens of the former Soviet republics who arrived for permanent residence in the Republic of Kazakhstan and have one of the close relatives – citizens of the Republic of Kazakhstan submit documents certifying the degree of kinship with citizens of the Republic of Kazakhstan (birth certificate, marriage certificate, etc.).

Procedure for consideration of the application

The district (city) internal affairs bodies transmit the materials on admission to citizenship to the Police Departments of the regions and cities of Almaty, Nur-Sultan and Shymkent, which check them, make a conclusion on them and transmit them to the Ministry of Internal Affairs. The Ministry of Internal Affairs sends materials with its conclusion to the State Legal Department of the Presidential Administration of the Republic of Kazakhstan.

The moment of acquisition of citizenship

To determine the moment from which a person is a citizen of the Republic of Kazakhstan, it is necessary to use Article 37 of the Law, according to which the citizenship of the Republic of Kazakhstan is acquired on the day:

  • editions of the Decree of the President of the Republic of Kazakhstan on admission to citizenship;
  • birth or adoption of minors;
  • publication of the Decree of the President of the Republic of Kazakhstan on the admission of parents of minors to the citizenship of the Republic of Kazakhstan;
  • registration of citizenship in accordance with the procedure provided for by interstate treaties;
  • registration of acquisition of citizenship of the Republic of Kazakhstan in a simplified (registration) procedure;

Submission of petitions from minors and incapacitated persons

In respect of children under the age of 18, as well as citizens recognized as incapacitated, a notarized application for citizenship is submitted by their legal representatives (parents, adoptive parents, guardians). A copy of the child’s birth certificate, a document confirming incapacity and a document confirming the powers of the legal representative of the incapacitated person are attached to the application. For a child between the ages of 14 and 18, a separate consent is required, signed by himself or notarized.

In accordance with Chapter 2, paragraph 11 of the Rules for the reception, registration and consideration by the internal affairs bodies of applications for admission to citizenship of the Republic of Kazakhstan for consideration by the internal affairs bodies of the Republic of Kazakhstan of issues related to the citizenship of the Republic of Kazakhstan, the deadline for consideration of applications in local internal affairs and national security bodies, the Ministry of Internal Affairs of the Republic of Kazakhstan and other state bodies of the Republic of Kazakhstan should not exceed 1 month in each of these bodies, and in total – 6 months.

DP upon receipt of the Decree of the President of the Republic of Kazakhstan, through the city bodies of internal Affairs at the place of residence of applicants within 5 calendar days notify them of the results of consideration of petitions.

Foreigners and stateless persons admitted to the citizenship of the Republic of Kazakhstan are issued a certificate, which is the basis for issuing them an identity card and a passport of a citizen of the Republic of Kazakhstan in accordance with the established procedure.

 

  1. Simplified procedure for admission to citizenship of the Republic of Kazakhstan

The simplified (registration) procedure for admission to citizenship is carried out in accordance with the international agreements concluded by the Republic of Kazakhstan. Currently, the simplified procedure applies to the following persons:

  • citizens of the Russian Federation;
  • citizens of the Republic of Belarus;
  • citizens of the Republic of Kyrgyzstan;
  • foreign women married to a citizen of Kazakhstan.

The simplified procedure operates in accordance with the Agreement between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation “On the simplified procedure for acquiring Citizenship” of 26.02.1999 and the Convention on the Citizenship of a Married Woman of January 29, 1957.

Each of the above-mentioned countries has undertaken to provide its citizens arriving for permanent residence on the territory of another country with a simplified (registration) procedure for acquiring citizenship if one of the following conditions is present:

  • if the applicant was a citizen of the Byelorussian SSR, Kazakh SSR, Kyrgyz SSR or RSFSR and at the same time a citizen of the former USSR, was born or lived on the territory of the acquired citizenship Party until December 21, 1991;
  • if the applicant has one of the close relatives permanently residing in the territory of the acquired citizenship and who are its citizens: spouse, one of the parents (adoptive parents), child (including adopted), sister, brother, grandfather or grandmother, grandson or granddaughter.
  • a foreigner permanently residing in the territory of the Republic of Kazakhstan legally and married to a citizen of Kazakhstan.

The simplified procedure applies to citizens of these States permanently residing in the territory of another State, regardless of the period of residence in the territory of the State of acquired citizenship.

To do this, citizens of these states apply to the head of the DP of the regions and at the same time to the official of the State of arrival making decisions on citizenship issues with a notarized written refusal of foreign citizenship, and submit them to the migration service units of the city (district) internal affairs bodies at the place of permanent residence.

The following documents must be attached to the application:

  • application form of the approved form;
  • notarized application for renunciation of former citizenship;
  • four photographs measuring 3.5 x 4.5 cm;
  • autobiography;
  • obligation to comply with the conditions;
  • a copy of the identity document and proof of citizenship of one of the participating countries of the Agreement;
  • notarized copy of birth and marriage certificate;
  • document on payment of the state duty or exemption from its payment.

If necessary, a document confirming the existence of one of the conditions necessary for the adoption of citizenship in a simplified manner is additionally submitted. Copies of a birth certificate, passport, other document confirming birth on the territory of the Republic of Kazakhstan, a copy of the passport page with a note on registration at the place of residence before December 21, 1991 on the territory of the countries participating in the Agreement or a certificate of the competent authority about it, a copy of a marriage certificate, birth certificate or other document confirming family ties with a citizen of the Republic of Kazakhstan.

In accordance with the Law, in a simplified (registration) procedure, Candace, permanently residing in the territory of the Republic of Kazakhstan on legal grounds, regardless of the period of residence, rehabilitated victims of mass political repression, as well as their descendants, deprived or lost citizenship without their free will, permanently residing in the territory of the Republic of Kazakhstan on legal grounds, regardless of the period of residence, are subject to, ethnic Kazakhs studying in higher educational institutions.

To acquire citizenship of the Republic of Kazakhstan in a simplified (registration) procedure, a petition (application) is addressed to the head of the DP of the regions. The following documents are attached to the application (application) for admission to the citizenship of the Republic of Kazakhstan:

  1. A notarized application for renunciation of former citizenship.
  2. Application form.
  3. Four photos measuring 3.5 x 4.5 cm.
  4. Obligation to comply with the conditions;
  5. A copy of the identity document and proof of belonging to the citizenship of another state.
  6. Kandas permanently residing in the territory of the Republic of Kazakhstan – a certificate of Kandas.
  7. Ethnic Kazakhs studying at higher educational institutions – a certificate from a higher educational institution confirming the fact of studying at this institution.
  8. Certificate of confirmation of nationality for ethnic Kazakhs studying in higher educational institutions.
  9. A document on the payment of the state fee or exemption from its payment.
  10. Persons who are victims of political repression – a court decision on rehabilitation or documents confirming that they are a descendant of victims of political repression.

«Kandas»-es, who do not have permanent registration, apply to the head of the DP for obtaining a permanent residence permit and taking citizenship of the Republic of Kazakhstan in a simplified (registration) procedure, and at the same time to an official of the state of arrival making decisions on citizenship issues, with a notarized written refusal of foreign citizenship. The following documents are attached to the petition (application):

  • application form for the issuance of a permanent residence permit and registration of admission to citizenship of the Republic of Kazakhstan, in the form according to Annex 7-1 to the Rules;
  • a notarized application for renunciation of former citizenship;
  • the obligation to comply with the conditions provided for in Article 1 of the Law;
  • a copy and original (for verification) of the national passport, or a document of a stateless person;
  • a copy and original (for verification) of the birth certificate or other identity document of a child under the age of sixteen, when jointly applying;
  • personal autobiography in Kazakh or Russian;
  • written consent of the State of his citizenship, which can serve as a departure certificate, or other document confirming permission to leave for permanent residence abroad (with the exception of foreigners and stateless persons who are recognized as refugees or who have been granted asylum in the Republic of Kazakhstan and ethnic Kazakhs from the People’s Republic of China, unless otherwise provided by international contracts);
  • a document on criminal record (no criminal record) in the State of citizenship and or permanent residence issued by the competent authority of the relevant state (with the exception of ethnic Kazakh citizens of the People’s Republic of China, unless otherwise provided by international treaties);
  • a notarized contract or a notarized consent with an individual or legal entity to provide the applicant with a dwelling for residence and permanent registration;
  • a certificate of medical examination of a foreigner on the absence of diseases, the presence of which prohibits entry of foreigners and stateless persons to the Republic of Kazakhstan in accordance with the Order of the Minister of Health of the Republic of Kazakhstan dated September 30, 2011 No. 664 “On approval of the list of diseases, the presence of which prohibits entry of foreigners and stateless persons to the Republic of Kazakhstan” (registered in the Register state registration of regulatory legal acts No. 7274);
  • minors aged from 14 to 18 years attach their notarized written consent to the parents’ application;
  • four photos with a size of 35×45 mm.

In accordance with Article 619 of the Tax Code, candace is exempt from paying the state fee – for all notarial actions related to the acquisition of citizenship of the Republic of Kazakhstan.

The specified exemption from payment of the state fee is granted once.

List of documents for a foreign citizen married to a Kazakhstani citizen

In accordance with paragraph 5-23 of the Rules for the reception, registration and consideration by the internal affairs bodies of petitions (applications) for admission to citizenship of the Republic of Kazakhstan and restoration of citizenship of the Republic of Kazakhstan, including in a simplified (registration) procedure, renunciation of citizenship, loss of citizenship and determination of belonging to the citizenship of the Republic of Kazakhstan, as well as the Convention on the Citizenship of a Married women are foreigners who permanently reside in the territory of the Republic of Kazakhstan legally and are married to a citizen of Kazakhstan, submits an application for admission to citizenship of the Republic of Kazakhstan in a simplified manner addressed to the head of the DP of the regions and at the same time to an official of his state making a decision on citizenship issues, with a notarized written refusal of foreign citizenship, and submits them to the migration service division of the internal affairs bodies at the place of permanent residence.

The following documents must be attached to the application:

  • a notarized copy of the application for renunciation of former citizenship;
  • application form of the approved form;
  • four photos of 3.5 x 4.5 cm in size;
  • a commitment to comply with the conditions;
  • a copy of the passport confirming the citizenship of a foreign state;
  • a copy of the marriage certificate;
  • a copy of the identity card of the spouse – citizen of the Republic of Kazakhstan;
  • document on payment of state duty in the amount of 1 MCI.

 

 

  1. Citizenship of the child

A child whose both parents were citizens of the Republic of Kazakhstan at the time of his birth is a citizen of the Republic of Kazakhstan regardless of the place of birth.

Citizenship of the child with different citizenship of the parents

With different citizenship of the parents, one of whom was a citizen of the Republic of Kazakhstan at the time of the child’s birth, the child is a citizen of the Republic of Kazakhstan if he was born:

  • on the territory of the Republic of Kazakhstan;
  • outside the Republic of Kazakhstan, but the parents or one of them at that time had permanent residence in the territory of the Republic of Kazakhstan.

In case of different citizenship of the parents, one of whom was a citizen of the Republic of Kazakhstan at the time of the child’s birth, if at that time both parents had permanent residence outside the Republic of Kazakhstan, the citizenship of the child born outside the Republic of Kazakhstan is determined by the agreement of the parents expressed in writing.

A child, one of whose parents was a citizen of the Republic of Kazakhstan at the time of the child’s birth, and the other was a stateless person, or his citizenship is unknown, is a citizen of the Republic of Kazakhstan regardless of the place of birth.

In case of establishing the paternity of a child whose mother is a stateless person, and a citizen of the Republic of Kazakhstan is recognized as the father, a child under the age of 14 becomes a citizen of the Republic of Kazakhstan, regardless of the place of birth. In case of permanent residence of this child outside the Republic of Kazakhstan, his citizenship is determined by a written application of the parents.

If the parents could not come to an agreement on the citizenship of the child, the citizenship is determined in court.

Citizenship of a child whose parents are unknown

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

Acquisition of citizenship of the Republic of Kazakhstan by a child of stateless persons

A child born in the territory of the Republic of Kazakhstan to stateless persons who have permanent residence in the territory of the Republic of Kazakhstan is a citizen of the Republic of Kazakhstan.

 

  1. Grounds for refusal of admission to citizenship of the Republic of Kazakhstan

The list of such grounds is given in article 17 of the Law. The application for admission to Kazakh citizenship is rejected if the person applying for it:

  • committed a crime against humanity under international law, deliberately opposes the sovereignty and independence of the Republic of Kazakhstan;
  • calls for the violation of the unity and integrity of the territory of the Republic of Kazakhstan;
  • carries out illegal activities that damage state security, public health;
  • incites interethnic, interfaith and religious enmity, counteracts the functioning of the state language of the Republic of Kazakhstan;
  • belongs to terrorist and extremist organizations or has been convicted of terrorist activities
  • he is on the international wanted list, is serving a sentence under a court verdict that has entered into force, or his actions are recognized by the court as a particularly dangerous relapse;
  • is a citizen of other states, this provision does not apply to citizens of the Russian Federation, the Republic of Kyrgyzstan, Belarus, who arrived for permanent residence in the Republic of Kazakhstan, having one of the close relatives – citizens of the Republic of Kazakhstan, if they applied to the internal affairs bodies with a written request to renounce foreign citizenship.
  • reported false information about himself when applying for citizenship of the Republic of Kazakhstan or failed to submit the necessary documents without a valid reason within the time limits established by the legislation of the Republic of Kazakhstan;
  • has an outstanding or outstanding criminal record for committing an intentional crime on the territory of the Republic of Kazakhstan or abroad, recognized as such by the legislation of the Republic of Kazakhstan;
  • committed an offense in the field of economics within five years before applying for admission to the citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan;
  • repeatedly for five years before applying for citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan violated the legislation of the Republic of Kazakhstan in the field of population migration;
  • has lost the citizenship of the Republic of Kazakhstan on the basis of sub-paragraphs 1), 2) and 5) of Article 21 of the Law within five years prior to applying for admission to the citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan;
  • has lost the citizenship of the Republic of Kazakhstan on the basis of subparagraph 8) of the first part of Article 21 of the Law;
  • deprived of citizenship of the Republic of Kazakhstan on the basis of Article 20-1 of the Law.

 

  1. Documents required for admission to citizenship of the Republic of Kazakhstan and restoration of citizenship of the Republic of Kazakhstan in foreign institutions of the Republic of Kazakhstan

Minors, incapacitated persons and persons who have special merits to the Republic of Kazakhstan or meet the list of professions and requirements for persons for whom a simplified procedure for admission to citizenship of the Republic of Kazakhstan is established, approved by Decree of the President of the Republic of Kazakhstan dated June 6, 2005 No. 1587 and their family members permanently residing outside the Republic of Kazakhstan, apply for admission citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan through a foreign institution with the following documents issued by the competent authorities of the host country:

  1. application form in the form;
  2. autobiography (written by himself);
  3. the photo is 3.5 x 4.5 centimeters in size;
  4. a copy of the applicant’s identity document;
  5. document confirming permanent residence outside the Republic of Kazakhstan;
  6. apostilled or legalized certificate of criminal record;
  7. certificate of absence or termination of citizenship of another state issued by the competent authority of the relevant state;
  8. copies of birth certificates of children and marriage (if available);
  9. statement of consent on compliance with the conditions, in the form;
  10. document on payment of the consular fee.

In addition to documents, documents confirming the applicant’s former affiliation to the citizenship of the Republic of Kazakhstan are attached to the application for restoration of citizenship of the Republic of Kazakhstan.

Persons who have special merits to the Republic of Kazakhstan or correspond to the list, and their family members, attach a petition to the relevant state body of the Republic of Kazakhstan to the documents.

 

 

 

 

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