Learned all the most important things about the process of obtaining a permanent residence permit in the Republic of Kazakhstan.
Aigerim Khandullayeva, city— Almaty, lawyer in migration law, managing partner of SP Group and Partners
About myself
I graduated from the Faculty of International Law of KazGUU. In 2011, I started to be interested in immigration law. In 2012, became a co-founder and managing partner of migration law firm SP Group and Partners.
The company provides legal support to non-residents in such areas as registration of branches, execution of documents for obtaining a permit to attract foreign labor, consulting services for obtaining a residence permit, temporary residence permit and other areas in the field of migration. We work with international companies in the field of construction, medicine, subsoil use, banking.
Who can get a residence permit in Kazakhstan
It is important to mention four main legal acts that oversee migration issues:
— Law «On the legal status of foreigners in the Republic of Kazakhstan»
— Law «On Migration»
— Rules for the entry and stay of immigrants
— Rules for issuing temporary and permanent residence permits to foreigners and stateless persons.
You will not find the phrases: «Residence permit» in these acts. It can only be seen on the document itself upon receipt. The law uses the definition: «Permanent residence permit in the Republic of Kazakhstan».
It is also necessary to distinguish between the concepts: temporary and permanent registration. Temporary registration is issued to foreigners who work, study, receive medical treatment, or visit their families. Permanent registration is a residence in Kazakhstan.
The basis for foreigners from countries with a visa regime to enter Kazakhstan is a B8 visa. They also need to prove their ability to pay.
For foreigners from countries with which Kazakhstan has concluded certain agreements and has a visa-free regime, the grounds are different: arrival on the territory of the country, notification of arrival within three days, collection of necessary documents. Temporary Residence Permits is not required.
In practice, other conditions are also taken into account: to be a former compatriot, to be married to a Kazakhstani, or to have relatives in the country. They may also require proof of solvency.
Restrictions for accepting documents:
— bringing to administrative responsibility for offenses in the field of migration, taxation, labor legislation that took place during the year
— if you were refused, you can re-submit documents only after a year.
List of documents
Before arriving in Kazakhstan, you can order a certificate of absence or presence of a criminal record. If you are in the country, you can contact the Embassy of your country. Citizens of some countries need to apostille the certificate, go through the consular legalization procedure or make a translation. For example, if a citizen of Kyrgyzstan provides a certificate in Russian, it will be accepted. If in Kyrgyz, you will need to do a translation. The Migration Service does not accept a certificate in electronic format.
Also, you need to have a birth certificate, a certificate of marriage or divorce, a birth certificate of a child with you.
Documents to be collected in Kazakhstan:
— an autobiography, which is written in Russian or Kazakh languages or in the native language with translation. It is necessary to indicate place and date of birth, places of study and work, information about close relatives. If there were any violations, it is better to write about them
— completed application form, in two copies
— copy and original of the passport. A residence permit is issued for a maximum of 10 years, but until the expiration date of the passport. Therefore, it is better to renew your passport before applying
— proof of solvency. To do this, you need to open an account with a second-tier resident bank. The amount on the account must be at least 1320 Monthly Calculation Index
— a lease agreement or consent from the owner, where you will be registered in the future. Registration without a residence permit in Kazakhstan is not done. The lease agreement or consent must be notarized. We recommend concluding a contract for 11 months, and then extend it if necessary. It is important to choose a conscientious landlord. If he discharges you without notice, and you will be without registration for more than 10 calendar days, you will automatically fall under an administrative violation, which entails the cancellation of the residence permit
— medical certificate
— photos 3.5x4.5 cm
— a document confirming the payment of state duty. Its size is 4 MCI, and you can pay last at the Public Service Centers when registering
— attach a copy of the IIN, marriage certificate.
Where to apply with a package of documents
You need to contact the department of the migration service at the place of your registration. The review period is 45 calendar days.
If your documents are in order, you will be issued a receipt for receiving documents. Within five days, the district department sends your package of documents to the city government for approval. Then there are requests to banking institutions, coordination in the national security agencies and other committees.
When the decision is ready, you receive a notification on the specified contacts. Together with the owner, you apply to the PSC and make a registration. After 10-15 business days you will receive a ready-made card.
Upon expiration of the residence permit, it must be renewed. You need to do this in a month and a half. By this time, you need to get a new passport, fill out a questionnaire, attach a copy of the residence permit, lease agreement or consent.
What rights and obligations do holders of a residence permit in Kazakhstan have
A residence permit gives the right to work without additional burdens. You can participate in a share of commercial organizations, be the first head. Also, if you are a citizen of the EurAsEC countries, you can freely do business, register an individual entrepreneur.
A foreigner receives the right to social and pension security, the right to buy and register real estate. The right to education in both public and private institutions.
Restrictions are only in the suffrage. Foreigners also do not carry military duty.
