January 13, 2023

Temporary residence permit: Q&A

1. Every citizen must be registered at the place of residence (permanently and temporarily). This is possible if you only have your own housing or with the consent of the owner of the housing. What if there is no own housing and the owner of the housing does not give his consent?

According to articles 23, 24 of the Law of the Republic of Kazakhstan “On Housing Relations”, the owner or a person authorized by the owner to rent a dwelling is obliged to register persons living in the rented dwelling in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

If the owner refuses to register at the place of residence of individuals living in the dwelling, building and (or) premises belonging to him, the owner will be brought to administrative responsibility in accordance with Article 493 of the Code of the Republic of Kazakhstan “On Administrative Offenses”.

2. Regarding temporary registration in houses that have not passed the state commission due to the fault of the developer, while residents have only technical passports. How can I get temporary registration? If not, will they be held accountable?

Indeed, at present there are issues related to problematic houses that have not been commissioned by construction organizations, in which, as construction progresses, developers illegally populated tenants without title documents for housing.

The absence of these documents precludes the possibility of registering them at the place of residence or at the place of temporary residence in accordance with the established procedure (paragraph 4 of the Rules for Registration of Internal Migrants approved by the Decree of the Government of the Republic of Kazakhstan dated December 1, 2011 No. 1427), which in turn entails administrative liability under Article 492 of the Code of the Republic of Kazakhstan on Administrative Offenses — “Residence in The Republic of Kazakhstan without registration or without identity documents”.

At the same time, according to article 11 of the Code of Administrative Offenses, an individual is subject to administrative responsibility only for those offenses in respect of which his guilt is established. Administrative liability for innocent infliction of harm by an individual is not allowed.

In this regard, given that the residence of citizens without registration in residential buildings that have not been commissioned for reasons beyond their control is an innocent act, this category of citizens will not be brought to administrative responsibility.

3. A list of documents is required for temporary registration. Will it be necessary to go to the NAO “State Corporation “Government for Citizens” (hereinafter — the State Corporation) for a certificate, collect some other documents or go to the migration service?

Currently, citizens can register not only in the PSC, but also through the electronic government portal (e-government), having issued an electronic request, having certified it with their electronic digital signature and the owner of the housing.

Registration of citizens is carried out by employees of the State Corporation in the PSC in an automated mode at the time of application.

For today, both temporary and permanent registration requires only the consent of the owner of the dwelling, his identity card (personal presence is required), the identity card of the registered person.

At the same time, registration is free of charge.

4. Is temporary registration in hospitals carried out in the PSC or is it possible to register on the spot? Is the owner of the building needed for this, or is it the same as for hotels?

Hotel guests are registered on the general grounds established by law. In this case, the responsibility for registration lies with the owners of hotels and guests.

Citizens who are in the hospital, who have a health disorder with a persistent disorder of body functions that restricts their vital activity, if necessary, can receive a service at their place of stay (Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated March 30, 2020 No. 267 “On approval of the Rules for the provision of public services on documentation and registration of the population of the Republic of Kazakhstan”).

In this case, the service provider leaves the service recipient by contacting through the Unified Contact Center 1414 (+7 7172 906 984 ).

To register, it is necessary to submit a petition of the institution (organization) with an indication of the RKA (registration code of the address of the real estate object).

5. Is it necessary to register a person who is registered in the city of Almaty at one address, but lives at another, but in the redistricting of this city?

Yes, you need to register if you have been living at the place of temporary stay for more than one month. Registration at the place of permanent residence is maintained.

6. Does temporary registration apply to children and from what age?

In accordance with the Decree of the Government of the Republic of Kazakhstan dated December 1, 2011 No. 1427 “On approval of the Rules for registration of internal migrants and amendments to some decisions of the Government of the Republic of Kazakhstan”, children under the age of 16 are not subject to registration at the place of temporary stay (residence).

7. Is the quadrature of the living area of housing taken into account during temporary registration?

As of today, there are no restrictions on the number of registered persons per address.

At the same time, in accordance with article 493 of the Code of Administrative Offences, responsibility is provided for the admission by the owner of the dwelling or other persons in charge of the dwellings, buildings and (or) premises, registration of individuals who do not actually live in the dwellings, buildings and (or) premises owned by the owner or under the jurisdiction of other persons.

Additionally, you can find it on the Egov E-Government website.