Kazakhstan changes rules for entry and stay of immigrants

Kazakhstan changes rules for entry and stay of immigrants

 

The Decree of the Government of Kazakhstan amended the Rules for the entry and stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan and the Rules for the implementation of migration control.

In particular, the changes affected the paragraph on the permitted periods of stay of immigrants in Kazakhstan.

So, it is specified that the period of stay ends:

  • for immigrants who arrived in the Republic of Kazakhstan in a manner that does not require a visa – after 30 calendar days from the date of crossing the State Border of the Republic of Kazakhstan, a total of 90 calendar days during each period of 180 calendar days, unless a different procedure is established by agreement with the relevant party or the government of Kazakhstan;
  • for citizens of the member states of the Eurasian Economic Union – after 90 calendar days from the date of crossing the State Border of the Republic of Kazakhstan, a total of 90 calendar days during each period of 180 calendar days;
  • for immigrants who arrived on the basis of a visa to enter the Republic of Kazakhstan – after the expiration of the visa;
  • for citizens of states with which Kazakhstan has ratified international treaties that determine other periods of stay – after the expiration of the periods specified in these treaties;
  • for immigrants who have issued a temporary residence permit – after the expiration of this permit;
  • for immigrants brought to administrative responsibility for previously committed violations of the period of stay in the Republic of Kazakhstan – after 15 calendar days after the decision to bring to administrative responsibility was made;
  • for immigrants convicted of a criminal offense – after 10 calendar days after serving their sentence or release from sentence, except in cases of their expulsion based on a court decision;
  • for immigrants who permanently resided in the Republic of Kazakhstan and issued documents for leaving Kazakhstan abroad for permanent residence – after 30 calendar days after the documents were issued;
  • for immigrants who, in accordance with the procedure established by the criminal procedure legislation, reported the commission of acts against them that are recognized as a grave or especially grave crime in accordance with the Criminal Code of the Republic of Kazakhstan – after 30 calendar days after the consideration of the application in accordance with the criminal procedure legislation of the republic;
  • for immigrants sentenced by the courts of the Republic of Kazakhstan conditionally to punishments not related to isolation from society, as well as those released on parole – after 15 calendar days after the expiration of the term of the imposed punishment or the unserved part of the punishment;
  • for immigrants who, in accordance with the procedure established by the criminal procedural legislation, are recognized as victims or witnesses in criminal cases of such crimes, the period of stay is extended for the period necessary for the investigation of the criminal case, but not more than 90 calendar days;
  • in exceptional cases (in emergencies of a social, natural, man-made nature and the introduction of a state of emergency due to a real threat of a natural disaster or a large-scale accident (catastrophe), as well as violations of the transport schedule) – the period of stay is extended for the period necessary for organizing departure, but not more than 30 calendar days.

At the same time, it was added to the rule that for immigrants from the EAEU countries who arrived on the basis of a visa to enter the Republic of Kazakhstan and issued a temporary residence permit, the calculation of the period of stay allowed by them upon entry into the Republic of Kazakhstan is carried out by calculating from the day of actual entry 180 calendar days ago.

If at the time of entry it is established that the immigrant exceeded the permitted period of stay, then a decision is made to refuse entry.

It also says that for the stay of these immigrants in the territory of the Republic, the calculation of the permitted period of stay is carried out by deducting 180 calendar days ago from the date of control (the day on which it is necessary to determine the legality of the immigrant’s stay in the territory of the Republic of Kazakhstan).

For these immigrants, the calculation of the period of stay allowed by them when leaving the Republic of Kazakhstan is carried out by deduction from the day of actual departure 180 calendar days ago.

At the same time, these requirements do not apply to immigrants who have received a temporary residence permit in accordance with the established procedure.

  Meanwhile, previously there was no restriction on the stay of foreigners in the country for 180 days.

Registration of immigrants living or working in the territories leased from the Republic of Kazakhstan is carried out in the information system of the migration service (IS MP) when leaving the leased territory on the basis of identity documents and registration at the place of residence in the leased territory. The date of entry into Kazakhstan is the date of departure from the leased territory.

The regulation comes into force on January 27, 2023.

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