A documentconfirming the right of a foreigner to permanent residence in the Russian Federation. The Republic of Kazakhstanhas a residence permit.

Obtaining a residence permit is preceded by obtaining a permanent residence permit. What is the procedure for obtaining a residence permit and a residence permit from the migration police? What documents do I needfor this? And what conditions must the applicant meet for obtaining a residence permit?

 

Inaccordance with article 4 of the LawLaw of the Republic of Kazakhstan "on the legal status of foreigners" permanently residing in the Republic of Kazakhstan Kazakhstan recognizes foreigners who have received a permit and a document for the right of permanent residence.

Obtaining a permanent residence permit in the Republic of Kazakhstan

Where should I apply for permission?

A permanent residence permit is issued to the migration police units at the place of residence of a foreigner in Kazakhstan. Who is issued a permanent residence permit?

In accordance with paragraph 6 of the state service Standard "Registration and issuance of permits to foreigners and stateless persons for permanent residence in the Republic of Kazakhstan", thisservice is provided to foreigners and stateless persons:

* those who have a visa of the "permanent residence" category";

* temporarily staying inthe Republic of Kazakhstan on a different legal basis (on the basis of a visa, or on the basisof an agreement on visa-free entry and stay).

The internal Affairs bodies do not accept documents from intermediary legal entities and individuals.Thus, a personal application to the migration police authority is required to obtain a permit.

Documents required for obtaining a permit

In accordance with paragraph 11 of the specified Standard, to obtain a permit , you must submit::

1) foreigners who have a visa of the "permanent residence" category":

* a valid passport or document of a stateless person with a "permanent residence" visa issuedby foreign institutionsOf the Republic of Kazakhstan and by migration police departments;

* two 35 x 45 mm photographs (the photo must be appropriate for the age of the consumer and must be made strictly full-faceon a light background, with the face occupying about 75 % of the total area of the photo).

2) foreigners temporarily staying in the Republic of Kazakhstan on a different legal basis:

* application-a questionnaire, the form of which is issued by employees of the migration police units;

* written consent of the stateof citizenship of the alien, which can serve as a departure form, or other document confirming permission to leave for permanent residence abroad;

* an autobiography, which is compiled bythe consumer in any form;

* a valid passport or document of a stateless person;

* an official certificate of medicalexamination issued by the health authorities of the Republic of Kazakhstan;

* proof ofpayment security during your stay at the hotelRepublic of Kazakhstan of the established sample;

* two 35 x 45 mm photographs (the photo must be appropriate for the age of the consumer and must be made strictly full-faceon a light background, with the face occupying about 75 % of the total area of the photo).

Does not require a document of proof of solvency:

* persons born or previously held citizenship of the Republic of Moldova Kazakhstan or the Kazakh Soviet SocialistRepublic, and their family members;

* oralmans.

Is registration required in Kazakhstan before applying for a permit and for what period of time?

As mentioned above, the permit is issued to foreigners and stateless persons who have a permanentresidence visa or are temporarily staying in the Republic of Kazakhstan on a differentlegal basis (on the basis of visas, or on the basis of an agreement on visa-free entry and stay). Temporary residence on a legalbasis implies registration of a foreigner within the established time limits at the place of residence. Therefore, a foreignermust pass the temporary registration procedure before applying for a permit.

The registration period does not matter. It can be anything in accordance with the current rules. Can I get a permit without leaving my country for permanent residence?

Since we are talking about a permanent residence permit in the Republic Kazakhstan, then the current rules amongother documents provide for the provision of a foreigner in writing withthe announcement of the state of citizenship of the foreigner (departure form or similar document) for the departure for permanent residence abroad. Thereforeгистрации и не выехав постоянно , it is impossible to obtain a permanent residence permit in Kazakhstan without withdrawing from the registration and leaving the country permanently for permanent residenceго государства, нельзя получить .

Is it possible for a foreigner to travel abroad during the period of obtaining a permit? Of The Republic Of Kazakhstan?

During the examination of a foreigner's application for a permanent residence permit, he / she has the status of a temporary residentalien. In accordance with paragraph 6 of the stateservice Standard "Registration and issuance of permits to foreigners and stateless personsfor permanent residence in the Republic of Kazakhstan" , thisservice is provided to foreigners and stateless persons who have a permanent residence visa or are temporarily staying in the Republic of Kazakhstan on a different legal basis.

According to article 4 of the Law of the Republic of Kazakhstan "on the legal status of foreigners", foreigners are considered temporarily staying in the territory of Kazakhstan. Thus, a foreigner does not have the status of a temporary resident without being on the territory of the Republic, and therefore there are no grounds for issuing a разреpermanent residence permit. Consequently, the absence of a foreigner inKazakhstan may serve as a ground for refusal to issue a permanent residence permit.

What are the reasons for obtaining a permanent residence permit?

The reasons for which a foreigner wishes to obtaina residence permit can be very different, for example, employment, study, subsequent acquisition of citizenship, joining the brac, etc. These reasons are indicated by the foreigner when filling out the application.

Are there any benefits when getting a permit?

If the established formalities are completed and there are no grounds for refusal , any foreigner has the right to count on obtaininga permit. However, many foreigners are interestedin whether certain circumstances can facilitate obtaining a permit and residencepermit. These circumstances include::

* birth of the foreigner in Kazakhstan;

* previously held the citizenship of Kazakhstan;

* presence of close and distant relatives in Kazakhstan;

* birth of a child in Kazakhstan.

There are no special benefits for obtaining a residence permit. The above circumstances alone do not facilitate obtaining apermit, but they are grounds for leavingfor permanent residence, so they should be indicated in applicationswith supporting documents attached.Some of these circumstances do not allow you to prove your ability to pay, as will be discussed below.платежеспособность, о чем будет сказано ниже.

Documents submitted in case of a positive decision

When making a positive decision on registration and issuance of a permanent residence permit in the Republic of Kazakhstan, the migration police unit is presented with the following documents::

* the book of registration of citizens for housing in which the foreigner will be registered;

* a document on payment of the statefee for registration of a place of residence in the amount of 10 % of (subitem 1 of article 540 of the Tax codeOf The Republic Of Kazakhstan);

* a completed arrival address sheet, the form of which is issued by the migration police units;

* a completed statistical registration card for the arrival form, the form of which is issued at the migration police units.

An employee of the migration police unit issues a ticket for accepting documents.

Terms of issuing a permit

Paragraph 7 of the specified Standard specifies the term for performing the service from the moment of submitting the necessary documents and receiving the application acceptance coupon - 60 calendar days.

Result of applying for a permanent residence permit

The result of the request is a stamp on registration in the register of citizens, as well as in the certificatesof stateless persons, or a reasoned response on refusal to issue a permit.

Refusal to issue and revocation of a previously issued permanent residence permit

The list of grounds for refusal to issue a permanent residence permit is established by article 49 Of the law of the Republic of Tajikistan.  Of Kazakhstan "On migration of population".

A permit may be refused or a previously issued permit may be revoked:

* knowingly illegal migrants, as well as persons prosecuted for committing crimes under the laws of the countries from which they come;

* persons released from places of deprivation of liberty, whose permanent place of residence before conviction was outside the Republic of Kazakhstan;

* persons who have committed crimes against humanity;

* persons, with the exception of oralmans, who were born or previously held citizenship of the Republicof Kazakhstan or the Kazakh Soviet Republic . Of the socialist Republic, and members of their families who have notредставившим submitted proof of their solvency in accordance with the established procedure;

* persons who have a disease thatmay cause an epidemic on the territory of the Republic of Kazakhstan in accordancewith the conclusion of the health authorities;

* persons who have violated the legislation on the legal status of foreigners, based on the decisionof the authorized body, the national security Committee;

* persons who incite inter-state, inter-ethnic and religious hostility;

* persons whose actionsare aimed at forcibly changing the constitutional order;

* persons who oppose the sovereignty and independence of the Republic Kazakhstan, calling for the violation of the unity and integrity of its territory;

* persons who have a criminal record for terroristactivity, a serious or particularly serious crime. Atthe same time, the nature of the crime, the presence or absence of a criminal record are determined by the laws of the Republic of Kazakhstan;

* persons who have provided false information about themselves when applying for a permanent residence permitin the Republic of Kazakhstan or who have not submitted the necessary documents within the time limits established by law without a valid reason;

* persons who were previously expelled from the Republic of Kazakhstan;

* if it is necessary to protect the rights and legitimate interests of citizensOf the Republic of Kazakhstan and other persons.

The refusal may be appealed in court.

Proof of solvency

In accordance with article 4 Of the law "on the legal status of foreigners" , it is a mandatory condition for granting a permanent residence permit in the Russian Federation. In the Republic of Kazakhstan, it is a confirmation of theapplicant applying for such a permit.

According to paragraph 2 of the Rules of confirmation by foreigners and stateless гражданства, претендующими на получение разрpersons applying for permanent residence permits in the Republic of Kazakhstan of theirsolvency during their stay in the Republic of Kazakhstan.In the Republic of Kazakhstan, the applicant submitsto the internal Affairs bodies a document of a resident Bank of the Republic of Kazakhstan (certificate) signed by the Chairman of the management Board of the Bank oran authorized person of the Bank on the availability of money in the Bank account (s) in the amount of:

* equal to or greater than the equivalent of 1,320 times the minimum calculation index (MCI) setas of the date of submission of the application for permanent residence;

* sufficient for the purchase of a home, at the rate of 15 square meters per family member in the localitywhere the applicant intends to reside.

The first part of the specified amount is required to confirm the availability of funds required for a foreigner to live in Kazakhstan.

The second part of the specified amount is required to confirm the ability of a foreigner to provide himself with housing. The amount of this amount is determined in accordance with the average market valueof housing in a given locality on the basis of a document issuedby the relevant authorized body that registers rights to non-movable property and transactions with it (the justice body). If there is an agreement withan individual or legal entity to provide the applicant with a home (including arental agreement), the Bank does not require a document confirming the availability of money for the purchaseof housing. In this case, onlya confirmation in the amount of 1320 MCI is required.

Submitted documents confirming solvency are checked by the internal Affairs bodies for authenticityand are attached to the materials for obtaining a permit.

Does every family member have to prove their ability to pay?

If you are applying for a permanent residence permit

if several family members apply, then everyonemust confirm the presence of an amount in the amount 1320 МРП должof 1320 MCI. who has reached the age of 16. In the absence of a home, a confirmationof the availability of the amount sufficient for its purchase is submitted at the rate of 15 square meters for each family member of any age.

Who is not subject to the proof of solvency requirement?

They do not have to prove their ability to pay:

* oralmans;

* persons born or previously held citizenship of the Republic of Moldova

Kazakhstan or the Kazakh SovietSocialist Republic, and their family members;

* citizens of countries with which Kazakhstan has agreements on a simplified procedure for acquiring citizenship (Belarus, Kyrgyzstan, Russia, Ukraine), due to the fact that they have the right to apply for citizenship Of the Republic of Kazakhstan immediately uponarrival in the country (Letter No. 20/4-526 of the migration police Department of the Ministry of internalAffairs of the Republic of Kazakhstan dated February 6, 2004).

Obtaining a residence permit in the Republic of Kazakhstan

Who issues a residence permit?

To obtain a residence permit, a foreigner applies to the migration police Department at the place of registration.

Who is issued a residence permit?

In accordance with paragraph 8 Of the rules for documenting the population of the Republic Kazakhstan a residence permit for a foreigner in the Republic of Kazakhstan is issued to foreigners permanently residing in the territory of the Republicof Kazakhstan, who have reached the age of 16.

Use of a residence permit

A residence permit certifies the identity of the owner in the territory of the Republic of Moldova Kazakhstan. When traveling abroad, the identity of a foreigner is certified by the passport of the country of citizenship. Documents required for obtaining a residence permit According to paragraph 11 of the state service Standard "Issuance of certificates to stateless persons and residencepermits to foreigners permanently residing in the Republic of Kazakhstan" жительство , the following documents are submitted to foreigners for obtaining a residence permit::

* valid national passport;

* a citizen registration book with anote on registration at the permanent place of residence in the relevant administrative-territorial unit;

* document on payment of the stateduty in the amount of 20% of the MCI (subitem 4) of article 540 of the Tax code Of The Republic Of Kazakhstan);

* two photographs of size 35 x 45 mm. (the photo should correspond to the age of the consumer and befilled strictly full-face on a light background, and the face should occupy about 75 % of the total area of the photo).

Terms of issuing a residence permit

In accordance with paragraph 7 of the specified Standard, the period of issue from the moment of submitting the above-mentioned required documents andreceiving the stub of the application form 1 (f-1) of the established sample tothe issuance of a residence permit should not exceed 60 calendar days.

Refusal to issue a residence permit

The grounds for refusal to issue a residence permitin accordance with paragraph 17 of this Standard are::

* the presence of a valid residence permit in the Republic of Kazakhstan of a foreigner in the name of the applicant;

* expiration of the nationalpassport of the foreigner, or if the validity period is less than 2 months away.

Period of validity of a residence permit and its extension

In accordance with paragraph 8 Of the rules for documenting the population of the Republic Kazakhstan a residence permit is issued for a period of 10 years, but not longer than the validity period of the passport of the country of citizenship of the foreigner. Applications for extending the validity of an existing document or issuing a new one for the right to reside inthe Republic of Kazakhstan must be submitted by foreigners to the internal Affairs bodies at their place of residence no later than 2 months before the expiration of its validity, and in case of loss - no later than three days (paragraph 2 of the Rules).

For the period of registration of a new residence permit, a foreigner does not lose his permanent residence status in Kazakhstan.

Replacement of a residence permit

In accordance with paragraph 1 of article 22 Of the law of the Republic of Kazakhstan "on identity documents", the residence permit is subject to replacement in the following cases::

* changes in the surname, first name, patronymic (if any), citizenship;

* the expiration of its validity;

* inability to identify the owner's data or the degree of protection of the document;

* loss of the document from the date of submission of the applicationby the owner to the authorizedstate body;

* inconsistencies with the legal status of the owner;

* gender reassignment.

Replacement is carried out in the same manner as the initial issuance of a residence permit, and with the submission of the same documents.

Liability for living without a residence permit or with an expired residence permitArticle 492 CODE of the REPUBLIC of KAZAKHSTAN ON ADMINISTRATIVE RIGHTSIn cases of VIOLATIONS (with amendments and additions as of 26.07.2016) , administrative responsibility is established for:

1. Residence of citizens of the Republic of Kazakhstan without an identity card or on an invalid identity cardor without registration at the place of residence for a period of ten calendardays to three months-entails a warning.

2. Residence of citizens of the Republic of Kazakhstan without an identity card or on an invalid identity card or without registration at the place of residence for a period of more than three months-entails a fine in the amount of five monthly calculation indices.

3. the Act provided for in parts one and two of this article, committed repeatedly during the yearfollowing the imposition of an administrative penalty, - entails a fine in the amount of ten monthly calculation indices.

4. Permanent residence in the Republic of Kazakhstan of a foreigner or persons without citizenship without registration at the permanent place of residence, without any kind of permit or without a certifiedia stateless or invalid residence permit, Udostevereno the person without citizenship for a period in excess of ten calendar days, as well as untimely notification of the internal Affairs bodies about the loss of PAsport, a residence permit or identity of a stateless person - entailst a fine in the amount of five monthly calculation indices.

5. Acts provided for in part four of this article committed repeatedly within a year after the imposition of an administrative penalty-shall entail a fine in the amount of fifteen monthly calculation indices.

Is a foreigner required to reside at the place of registration?

If a foreigner changes his / her place of residence, he/ she must register in accordance with the established procedure. Non-compliance of the actual place of residence with the address indicated during registration may occur in accordance with article 518.  Violation of the legislation of the Republic of Kazakhstan in the field of population migration by individuals or legal entitiesaccepting foreigners and stateless personsгражданства

1. The failure of the receiving entity measures on timely registration of foreigners and persons without citizenship or registration of documents for their stay in the Republic of Kazakhstan, or their departure from the Republic of Kazakhstan on after a certain period of stay inI know it's trying a fine on natural persons in amount of five, for officials, for subjektov small business or non-profit organizations - in the amount of ten, for medium-sized enterprise - in the amount of TLnedzati, on the subjects of major entrepreneurship in the amount of twenty estimated indicators.

2. Provision of housing to aforeigner or a stateless person residing in the Russian Federation. In the Republic of Kazakhstan in violation of the law Of the Republic of Kazakhstan in the field of population migration or evasion from leaving the Republic of Kazakhstan Kazakhstan in a timely manner, or notmatching the actual place of residence address provided during the registration,and shall result in a fine on physical persons in the amount of ten, on the officialsabout, to subjects of small business or non-profit organization in the amount of twenty, for medium-sized enterprises - in the amount of thirty, on the subjects of a large enterprise - in the amount of forty estimated parameters. Part 3 was amended in accordance with the Law

3. The actions provided by parts of first and second present article, committed repeatedly within yearafter imposing of an administrative penalty - entails a fine on physicallytheir faces in the amount of fifteen, for officials, for subjects of small businessof neamatalla or non-profit organizations - in the amount of twentyfive, the medium-sized enterprise - in the amount of tritcAthy five, on the subjects of major entrepreneurship in the amount of forty-five calculation indices.

4. Making transactions with a foreigner or a stateless person staying in the Russian Federation. In the Republic of Kazakhstan in violation of the law Of the Republic of Kazakhstan on migration of population in mesotestWii of activities the objectives specified in the visa or at registration in the migration card, - entails a fine for individuals in the amount of ten, for officials, for small businesses or non-profit organizations - in the amount of twenty, for medium-sized enterprise - in the amount of thirty, on the subjects of large entrepreneurship- ment in the amount of fifty calculated indices.

5. The action envisaged in part four of this article committed repeatedly within a year after imposing of an administrative penalty - entails a fine for individuals in the amount of fifteen, for officials, small businesses or non-profit organizations - in the amount of twenty-five, medium-sized enterprise - in the amount of thirty-five, of entities of a large enterpriseof namatalla in the amount of forty five calculation indices. 394 Of The Code Of The Republic Of Tajikistan Administrative offences of the Republic of Kazakhstan may result in administrative arrest for up to 10 days, and in case of repeated Commissionwithin a year after being brought tojustice - a fine in the amount of 40 MCI or administrative arrest for up to 15 days with administrative expulsion from the Republic of Kazakhstan.