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The New Migration Rules in the Republic of Kazakhstan

The Kazakhstan Republic has amended the rules for entering and staying in the country and issuing temporary residence permits (TRP) to foreigners and stateless persons, including EEU citizens, by Decree of Kazakhstan Government No. 6 dated January 6, 2023.

The new rule will not affect those who entered the country on a visa and the period of stay will end with the visa expiration date, as well as foreigners who have a temporary residence permit.

The amendments to migration rules came into force on January 27. The citizens of EAEU (Eurasian Economic Union) member countries will have the right to stay in the country for no more than 90 days within 180 days, other foreigners for no more than 30 days, and a maximum of 90 days in six months. The restrictions associated with the 180 days in the previous version of the rules are no longer in effect. Foreigners will not be able to renew the terms of their stay by leaving the country for a short time (at least for a day) and then returning to Kazakhstan.

The amendments for issuing permits for temporary and permanent residence in the country:

  • requirements for providing public services ”Issuance of TRP to foreigners and stateless persons in Kazakhstan to carry out labour activities” (refusal issuance of permission issued to the employer based on labour contracts to perform work (provide services) in the household sector) associated with an extension of the number of TRPs (more than 5), under Paragraph 5, Article 43-2 of the Law,
  • requirements for issuing TRPs in Kazakhstan for providing public services to carry out entrepreneurial activities (business immigrants) under the legislation of the country,
  • the restriction of obtaining a TRP for up to one year contradicted the deadlines under the Law on Migration on the possibility to obtain an RVP up to three years for some categories has been cancelled.

A new requirement was added in both cases: provided that the service receiver is not the household rented to the immigrant for temporary residence, the physical presence of the household or his/her notarized consent to the residence rented by the immigrant is mandatory. The rule of online submitting remains the same.

A foreigner arriving in Kazakhstan with a visa-free procedure he/she will have to leave the country 30 days after crossing the border of the country. Besides he/she will be able to stay in Kazakhstan for 90 calendar days during each period of 180 calendar days. The period of stay for EEU citizens is 90 calendar days from the date of crossing the state border, and they will also be able to stay in Kazakhstan for 90 days.

Askar Aldongarov, Head of the External Migration Department of the Migration Service Committee of the Kazakhstan Ministry of Internal Affairs, stated the new migration rules will affect only those citizens who entered the country after January 27, but foreigners who arrived after January 27 will be applied the new rule. He added that if a person left the country and arrived on January 27, the new period would be calculated for 90 days.

According to Mr. Aldongarov changes in migration rules are not “tightening,” they are bringing the legislation of Kazakhstan in line with international standards.

Thus, the practice of visa-run will not work for individuals without TRP (Temporary Resident Permit).

 

 

https://m.akipress.com/news:692019:Kazakhstan_introduces_new_migration_rules/

https://adilet.zan.kz › rus ›

https://vc.ru/u/1315798-aleksandr-chichkov/582872-c-22-yanvarya-2023-goda-vstupayut-v-silu-izmeneniya-v-poryadke-polucheniya-rvp-v-kazahstan

 

  • Author: Gunel Musa

Public Relations Manager

13.02.2023
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