December 6, 2022

Rules of entry and exit of foreign citizens

According to the amendments to the Decree of the Government of the Republic of Kazakhstan (hereinafter – RoK) “On approval of the Rules of Entry and stay of immigrants in the RoK, as well as their departure from the RoK and the Rules of Migration control, “immigrants enter the RoK and leave the RoK through checkpoints on the State Border of the RoK, open for international and passenger traffic, using passports or documents replacing them when availability of visas of the RoK, unless another procedure is established by legislative acts of the RoK and/or international treaties ratified by the RoK.

The validity of the visa expires at least three months before the expiration of the immigrant’s passport.

Immigrants temporarily staying in the RoK are not allowed to work without appropriate permits issued by the local executive body or internal affairs bodies, unless otherwise provided by the legislation of the RoK in the field of population migration and/or international treaties ratified by the RoK.”

According to the amendments to the Law of the RoK “On Population Migration”, temporary registration for foreigners staying up to 30 days has been canceled. For foreigners staying for more than 30 days, a temporary residence permit is required.

Immigrants are exempt from receiving a PRT:

  • arrived in the RoK with a visa of the RoK;
  • having a diplomatic or service passport;
  • under the age of 16.

If an immigrant changes his temporary place of residence in the RoK, the receiving person notifies the internal affairs bodies within three working days.

Visa-free travel arrangements are maintained with a number of neighboring countries.

A foreigner may not be allowed to enter the RoK:

  • in the interests of national security, protection of public order and public health;
  • if his actions are aimed at forcibly changing the constitutional order;
  • if he opposes the sovereignty and independence of the RoK, calls for the violation of the unity and integrity of its territory;
  • if he incites interethnic, interfaith and religious enmity;
  • if it is necessary to protect the rights and legitimate interests of citizens of the RoK and other persons;
  • if the national security agencies have information about his involvement in extremism or terrorist activities, as well as if the court recognizes a dangerous relapse in his actions;
  • if they have not executed the penalty for committing a criminal or administrative offense imposed on them during their previous stay in the RoK;
  • if during the previous stay in the RoK they have not submitted an individual income tax declaration in the case when the submission of such a declaration is provided for by the legislation of the RoK;
  • if he has not provided confirmation of the availability of funds necessary for staying and leaving the RoK, in accordance with the procedure determined by the Government of the RoK, with the exception of ethnic Kazakhs, persons born or previously held citizenship of the RoK or the Kazakh Soviet Socialist Republic, and their family members;
  • if, when applying for entry, he reported false information about himself or did not submit the necessary documents within the time limit established by the legislation of the RoK;
  • if he has diseases that are a contraindication for entry into the RoK;
  • if he has previously lost citizenship of the RoK on the grounds provided for in subparagraph 8) of part one of Article 21 of the Law of the RoK dated December 20, 1991 “On Citizenship of the Republic of Kazakhstan”;
  • if he was previously deprived of citizenship of the RoK on the grounds provided for in Article 20-1 of the Law of the RoK dated December 20, 1991 “On Citizenship of the Republic of Kazakhstan”.

Foreigners previously expelled from the RoK are prohibited from entering the RoK for five years from the date of the decision on expulsion.

According to the amendments to the Law of the RoK “On Migration of the Population”, “applications of receiving persons for inviting foreigners to the RoK are not considered if, within 12 consecutive calendar months prior to submitting such an application, receiving persons were brought to responsibility two or more times for late informing the internal affairs bodies about immigrants staying with them, failure to take measures for registration documents for the right of their stay in the RoK and ensuring departure from the RoK after a certain period of stay”.

The grounds for issuing visas are invitations of receiving persons or permission of authorized state bodies of the RoK, unless otherwise provided by international treaties of the RoK.

Departure from the Republic of Kazakhstan

Foreigners leave the RoK with valid foreign passports or documents replacing them in the presence of exit visas issued by authorized state bodies of the RoK, unless another procedure is established by agreement with the relevant state.

A foreigner is not allowed to leave the Republic of Kazakhstan:

  • if there are grounds for bringing him to criminal responsibility — until the end of the proceedings;
  • if he is convicted of committing a criminal offense, probation control has been established for him or a delay in the execution of punishment has been applied to him — until the completion of the sentence or release from punishment, the expiration of probation control, the expiration of the deferred execution of punishment, except in cases of his expulsion on the basis of a court decision;
  • if he evades the fulfillment of obligations imposed on him by the court — until the fulfillment of obligations.

The departure of a foreigner from the Republic of Kazakhstan may be postponed until he fulfills property obligations with which the essential interests of citizens of the Republic of Kazakhstan, other individuals and legal entities are connected.