1. General Provisions


1. These rules have been drafted in accordance with the Kazakhstan Constitution, the Kazakhstan Law On Migration, Presidential Decree # 2337 of 19 June 1995 having the effect of law. They established a procedure for:

1) Foreign national entering and exiting the Republic of Kazakhstan;

2) Providing documents by foreign nationals to have the right to reside temporarily or permanently in the Republic of Kazakhstan;

3) Movement and transit of foreign nationals in the territory of the Republic of Kazakhstan; and

4) Extending or reducing time of stay or deporting foreign nationals from the Republic of Kazakhstan.

2. These rules shall also be applicable to persons without nationality unless otherwise provided in the Kazakhstan laws.

3. Organisations or individuals hosting foreign nationals in the Republic of Kazakhstan privately shall make sure foreign nationals are aware of their rights and responsibilities set out in the Kazakhstan laws and herein, respect laws on dealings with foreign nationals and shall be liable accordingly for timely drawing-up of documents giving the right to stay in Kazakhstan, move within the country and exit from Kazakhstan after the agreed time of their stay is up.

The interior authorities working together with the national securities authorities shall be assigned to make sure these rules are respected by foreign nationals, persons without nationality and the Kazakhstan officials and nationals.

2. Entry and Exit of Foreign Nationals from Kazakhstan

4. Foreign nationals shall enter Kazakhstan and exit from Kazakhstan via national border stations open for international and passenger communication with passport or their substitutes (the “passports”) and the Kazakhstan visas unless otherwise provided in international treated ratified by Kazakhstan.

Visa must expire no less than 6 months before foreign national passport expires.

Note: Clause 4 has been amended by Resolution No. 756 passed by the Kazakhstan government 20 July 2005 (See Clause 2 for enforcement procedure).

5. Kazakhstan entry visas and Kazakhstan entry-exit visas shall be granted to foreign nationals by the Kazakhstan Ministry of Foreign Affairs, its resident offices and consulates abroad and, in case such are not available, by specially mandated Kazakhstan officials.

6. Kazakhstan exit visas and Kazakhstan exit-entry visas shall be granted to foreign nationals by the Kazakhstan Ministry of the Interior and its regional duly mandated departments.

Exit and exit-entry visas to foreign nationals whose passports have been registered with the Kazakhstan Ministry of

Foreign Affairs and its offices shall be granted by such organisations.

7. On request of host organisations foreign nationals may get the Kazakhstan multiple entry and exit visas.

8. The Kazakhstan visas may be granted and extended based on the following:

1) Letters written by international organisations, resident offices of foreign nations and the Kazakhstan governmental authorities in order established in laws;

2) Permits given by the interior authorities to foreign nationals entering Kazakhstan privately, as tourists and on business as invited by non-government organisation or to reside permanently, and by foreign nationals residing permanently in Kazakhstan.

2-1) Letters written in order established under law by corporations or individuals to invite foreign nationals to Kazakhstan following procedure to be established by the Kazakhstan Ministry of Foreign Affairs as agreed with the Kazakhstan Ministry of the Interior and the Kazakhstan National Security Committee.

Note: Clause 8 has been amended by Resolution No. 595 passed by the Kazakhstan government 29 May 2002.

9. Grounds for granting entry visas must be in line with the purpose of stay of foreign nationals in Kazakhstan. Foreign nationals invited to visit Kazakhstan by relatives and acquaintances i.e. privately and those visiting on business, to study or as tourists may not be employed in Kazakhstan, do business other than that stated in visa unless otherwise provided in the Kazakhstan laws.

It shall be prohibited to bring unlicensed foreign labour and for foreigners staying temporarily in Kazakhstan to work without respective permits.

Kazakhstan entry visas to work shall be granted solely by offices of the Kazakhstan Ministry of Foreign Affairs abroad and, in case such are not available, by specially mandated Kazakhstan officials.

Note: Clause 4 has been amended by Resolution No. 756 passed by the Kazakhstan government 20 July 2005 (See Clause 2 for enforcement procedure).

10. Category and types of visas, procedure for issuing, reducing and extending them shall be established by the by the Kazakhstan Ministry of Foreign Affairs and the Kazakhstan Ministry of the Interior as agreed with the Kazakhstan National Security Committee.

11. Foreign nationals may be prohibited to enter Kazakhstan and exist from Kazakhstan on grounds set under Kazakhstan law.

11-1. When entering Kazakhstan any foreign national who reached 16 years of age shall be given a migration card.

Migration cards must be given back when exiting from Kazakhstan.

Migration cards shall not be granted to:

•    Individuals having Kazakhstan diplomatic, official or investor’s visas;

•    Members of aircraft, sea or river vessel crews;

•    Members of train crews, including refer trains, locomotive crews and individuals escorting cargo transported by rail;

•    Passengers of trains transiting Kazakhstan; and

•    Drivers of vehicles engaged in international motor carriage.

Rules of issue of migration cards shall be determined by authorities mandated by the Kazakhstan government.

Note: As supplemented with Clause 11-1 by Resolution No. 241 passed by the Kazakhstan government 13 March 2003. As amended by Resolution No. 881 passed by the Kazakhstan government 20 August 2004.

3. Registering Foreign Nationals Staying Temporarily in Kazakhstan

12. Foreign nationals staying temporarily in Kazakhstan shall be obliged to keep passports registered in order established herein handy and show them if required by authorized governmental authorities.

Foreign national must immediately notify the interior agency of loss of passport and on request of him/her such agency shall issue a prove of that.

13. Foreign nationals staying temporarily in Kazakhstan shall be obliged within five calendar days upon crossing the Kazakhstan border to get registered in a place of their permanent or temporary residence. Foreign nationals shall be registered with their identity cards.

Note: Clause 13 has been worded in line with Resolution No. 241 passed by the Kazakhstan government 13 March 2003. As amended by Resolution No. 756 passed by the Kazakhstan government 20 July 2005 (See Clause 2 for enforcement procedure).

14. Procedure for registering passports of foreign nationals in Kazakhstan shall be established by the Kazakhstan Ministry of Foreign Affairs and the Kazakhstan Ministry of the Interior as agreed with the Kazakhstan National Security Committee.

15. Registration shall be valid as long as the national passport and visa of foreign national are valid.

Nationals coming to Kazakhstan from countries, with which Kazakhstan has entered into international agreements on visa-free entry and stay, shall have registrations valid for no more than ninety days which may be extended for another ninety days.

Foreign nationals duly permitted to work shall have registrations valid as long as such permits are valid.

Foreign nationals studying in Kazakhstan shall have registrations valid for one academic year.

Foreign nationals may be exempted from registration of their passports under Kazakhstan law and international treaties ratified by Kazakhstan. <*>

Note: Clause 15 has been worded in line with Resolution No. 241 passed by the Kazakhstan government 13 March 2003.

16. The Kazakhstan Ministry of Foreign Affairs and its offices shall register passports of the following individuals:

1) Heads of foreign diplomatic missions and consulates, diplomats, consular officials, administrative, logistics and maintenance staff of diplomatic missions and consulates, staffs of the Office of Defence Attaché and trade missions and their family members, as well as visitors of heads of foreign diplomatic missions and consulates, of visitors reside at the above missions and organisations;

2) Officials of the ministries of foreign affairs of foreign nations coming to Kazakhstan on business and having diplomatic or official passports, and members of their families;

3) Officials of international organisations, staff members of resident offices of such organisations in Kazakhstan, as well as staff members of resident offices of member states of  international organisations headquartered in Kazakhstan which under international agreements enjoy diplomatic privileges and immunities, as well as members of their families;

4) Heads or other executives of foreign investment organisations to which the respective visas are granted by the Kazakhstan Ministry of Foreign Affairs; and

5) Individuals coming as invited by the Kazakhstan Ministry of Foreign Affairs.

17. Passports of foreign nationals not mentioned in Paragraph 5 of Clause 15 and Clause 16 hereof shall be registered with the interior authorities.

As agreed with the interior authorities passports of foreign nationals may be registered with foreign offices of the Kazakhstan Ministry of Foreign Affairs, Kazakhstan border stations and duly authorised hotels.

The interior authorities must be informed about passports of foreign nationals registered with foreign offices of the Kazakhstan Ministry of Foreign Affairs, Kazakhstan border stations and duly authorised hotels within five days upon registration. <*>

Note: Clause 17 has been reworded in line with Resolution No. 881 passed by the Kazakhstan government 20 August 2004.

3-1. Registering Foreign Nationals Acting as Missionaries

Note: The rules have been supplemented with new Section 3-1 by Resolution No. 702 passed by the Kazakhstan government 17 July 2003.

17-1. Foreign nationals acting as missionaries and/or advocates of any faith by carrying out religious and educating activities (the “mission”) shall be registered by local governments.

17-2. In order to get registered, foreign nationals shall within three days upon registration of passport provide local government with the following documents and information:

1) Application stating faith, territory and time of mission;

2) A copy of proxy or other document issued by religious organisation and giving the right to mission;

3) A copy of certificate of registration or of any other document certifying that religious organisation represented by the missionary has been formally registered in his/her jurisdiction;

4) Invitation letter from religious organisation, registered in Kazakhstan; and

5) Literature, audio and video aids and/or other religious-purpose things designed to mission.
When providing the above-mentioned documents applicant shall show duly registered passport.

17-3. Foreign nationals acting as missionaries shall be registered by local governments within seven days upon submission of the documents.

4. Permitting Foreign Nationals to Permanently Reside in Kazakhstan

18. Foreign nationals given permits to reside permanently in Kazakhstan, as well as green cards given by the interior authorises shall be recognised as those residing permanently in Kazakhstan.

19. Foreign nationals staying on any other legitimate grounds shall be considered temporarily staying in Kazakhstan. Foreign nationals staying temporarily in Kazakhstan may apply for permanent residence.

20. Procedure for permitting foreign nationals to reside permanently in Kazakhstan shall be established in accordance with the Kazakhstan law by the Kazakhstan Ministry of the Interior and the Kazakhstan Agency for Migration and Demography as agreed with the Kazakhstan National Security Committee.

21. Documents giving the right to reside permanently in Kazakhstan shall include green card for foreign national and for a person without nationality’ identity card.

22. Applications for permanent residence in Kazakhstan shall be filed by foreign nationals to designated authorities in order established in Clause 20 hereof.

Applications for extension of the current permit or for new permit to reside in Kazakhstan must be filed by foreign nationals to the interior authorities in places of their residence no less than two months before it expires and within three days if it was lost.

23. Application for green card filed by a foreigner or a person without nationality may be rejected on grounds set out in the Kazakhstan laws.

Rejection of application for green card or for person without nationality’s identity card may be appealed in order established in the Kazakhstan laws. <*>

Note: Clause 23 has been worded in line with Resolution No. 241 passed by the Kazakhstan government 13 March 2003. As amended by Resolution No. 756 passed by the Kazakhstan government 20 July 2005 (See Clause 2 for enforcement procedure).

24. The interior authorities shall give person without nationality’s identity cards to foreign nationals who will not show new or extended documents within 6 months upon expiry of their passports.
Person without nationality’s identity card shall be replaced with green card if its holder shows valid passport to the interior authorities.

25. Foreign nationals residing permanently in Kazakhstan must be registered in places of their permanent or temporary residence in order established under law for Kazakhstan nationals.

5. Movement and Transit of Foreign Nationals Via Kazakhstan; their Selection of Place to Reside in Kazakhstan

26. Foreign nationals may freely move across Kazakhstan to places open for foreign nationals and select places of residence in order established under Kazakhstan law. Restrictions on movements and selection of place of residence shall be imposed under bylaws passed by the Kazakhstan Ministry of the Interior or the Kazakhstan National Security Committee as required to ensure national security, secure public order, public health and moral, and to protect rights and legitimate interest of the Kazakhstan nationals and other individuals.

27. Procedure for foreign nationals to move across Kazakhstan and their entry to certain locations (areas) closed for foreign visitors shall be established by the Kazakhstan Ministry of Foreign Affairs and the Kazakhstan Ministry of the Interior as agreed with the Kazakhstan National Security Committee.

28. In order for foreigners transiting Kazakhstan to enter Kazakhstan and exit from Kazakhstan Kazakhstan transit visas shall be given.

29. Foreigners shall be allowed to transit Kazakhstan for no more than five days if they have documents (visas) valid to enter the third country. <*>

Note: Clause 29 has been reworded in line with Resolution No. 881 passed by the Kazakhstan government 20 August 2004.

30. Foreigner transiting via Kazakhstan to countries, with which his/her country of nationality has agreements on visa-free entry must have the Kazakhstan transit visa.

31. Foreigners transiting via Kazakhstan by vehicle, including those engaged in international freight motor transportation, may only use roads open for international motor traffic.

32. Procedure for foreign nationals to transit via Kazakhstan shall be established by the Kazakhstan Ministry of Foreign Affairs and the Kazakhstan Ministry of the Interior as agreed with the Kazakhstan National Security Committee.

6. Liability for Breaking These Rules. Reducing Time of Stay and Deporting Foreign Nationals from Kazakhstan

33. Violation of these rules shall entail statutory liability.

34. Time of stay of foreign nationals in Kazakhstan shall be reduced or they shall be deported from Kazakhstan on grounds set out in the Kazakhstan laws.

35. Decisions about reducing time of stay of foreign nationals in Kazakhstan shall be made by the interior agency or national security agency in accordance with the Kazakhstan laws.

36. Decision about deportation shall be made by court. In doing so foreign nationals may be detained for a time required to arrange for their deportation.

Deportation expenses shall be borne by foreign nationals to be deported or corporations or individuals that invited those foreigners to Kazakhstan and, in exclusive cases, by the interior agency.

In accordance with international treaties, ratified by Kazakhstan, the transport company that brought individuals without entry permits to Kazakhstan, shall be responsible for bringing them out of Kazakhstan.

Note: Clause 36 has been amended by Resolution No. 241 passed by the Kazakhstan government 13 March 2003 and No. 756 of 20 July 2005 ((See Clause 2 for enforcement procedure).

37. Foreign national shall be entitled to appeal decision about his/her deportation from Kazakhstan and reduction of time of stay in Kazakhstan in order established under law.

38. The issue of liability for violation of these rules by foreign nationals enjoying privileges and immunities in accordance with the Kazakhstan laws and international treaties to which Kazakhstan is a party, and that of reduction of time of their stay in Kazakhstan shall be addressed by diplomats.

7. International Treaties

39. If international treaties to which Kazakhstan is a party provide for something other than these rules international treaties shall apply.