World practice shows that the ban on dual citizenship is widespread both in developed countries (Japan, Germany, Czech Republic, Austria, Spain, Norway) and in developing countries (Belarus, Kazakhstan, Uzbekistan, Azerbaijan, China, Thailand, Malaysia).
At the same time, the legislation of the USA, Canada, Turkey, Morocco, Finland, Sweden, Australia, Poland, Hungary and France provides for a very loyal attitude towards multiple citizenship. But Ukraine and Kazakhstan, in this matter, occupy the position of a “legal vacuum”; the countries do not encourage dual citizenship.
Since July 2021, Russia
On both sides of the border: Russia and Kazakhstan
There is a popular opinion that there is some kind of agreement or international treaty on dual citizenship between neighboring states. In fact, the current legislation of the Republic of Kazakhstan (the Constitution and the Law “On Citizenship”) directly prohibits the acquisition of a second citizenship, be it Russian or Belarusian or any other, and no agreement has been reached on this issue between Russia and Kazakhstan.
Many are misled by the quadripartite Agreement on a simplified procedure for acquiring citizenship, although it clearly states “with the simultaneous loss of citizenship of the other Party.” Therefore, it is illegal to have two passports - Russian and Kazakh .
Let's sum it up
It is strictly prohibited by law for citizens of Kazakhstan to have passports of a foreign country; its violation is punishable by deprivation of citizenship and a fairly significant fine. The Republic of Kazakhstan does not have international treaties on dual citizenship with any country. In the Russian Federation, the laws are less strict - here you can officially be a bipatriate of the Russian Federation and Tajikistan. It is also not prohibited in Russia to have a passport issued by a foreign state. Since bipatrism is prohibited in Kazakhstan, a Russian citizen cannot have Kazakhstani citizenship.
The situation in Russia: neither yes nor no
At the legislative level in the Russian Federation, second citizenship is not prohibited.
On April 17, 2021, Federal Law No. 134 was adopted by the State Duma and approved by the Council of Federation on amendments to Federal Law No. 62, which significantly simplifies the procedure for obtaining citizenship: https://publication.pravo.gov.ru/Document/View/0001202004240038?index=0&rangeSize= 1. Applicants are no longer required to renounce their previous citizenship, and most of them are required to comply with the 5-year residence requirement. The amendments entered into force on July 23, 2020.
Since August 2014, a norm has come into force in Russia (FZ-62, Article 6) on notification of the presence of another citizenship of a Russian citizen or a residence permit in a foreign country.
Such notification is submitted within 60 days from the date of receipt of status while in Russia. When a Russian citizen lives outside the country, within 30 days from the date of entry into Russia, it is necessary to submit such a notification to the territorial body of the Ministry of Internal Affairs of Russia at the place of residence (stay or location). This can be done in 2021 in person at a reception at the authorized body, or by mail.
There are a lot of discussions around this innovation, and forecasts are being made about the possible introduction of a ban on obtaining a second passport. However, these are just guesses, and they are in no way connected with reality, since the Government of the Russian Federation assures that it does not intend to eradicate the institution of dual citizenship. And the development of events in the migration sphere, however, as in others, can go in any direction.
In part 1 of Art. 6 of the Federal Law “On Citizenship” of May 31, 2002, it is determined that a bipatriate is considered by Russia exclusively as a resident of the Russian Federation. A second passport within the borders of the Russian Federation does not provide any advantages and does not have legal force, and also does not relieve one from duties in the territories of both states.
In other words, dual and second citizenship according to international law are not the same concepts. Dual citizenship should be regulated at the interstate level in the form of an agreement and define the rights and obligations of citizens of the two parties.
For example, Russia has such international treaties only with Tajikistan and Turkmenistan. Holders of passports from different countries in the Russian Federation are not allowed to hold positions in government services.
Migration rules in the Russian Federation
Today, Russian migration legislation does not prohibit citizens from having two passports. However, to obtain a red passport of a citizen of the Russian Federation, it is necessary to renounce your current citizenship and provide appropriate evidence of such actions. Therefore, citizens of Kazakhstan, if they want to get a new passport in Russia, will need to first contact their consulate, write a renunciation of citizenship, and, having received all the papers, apply to the FMS for a Russian passport.
In 2014, a law prohibiting hiding a second citizenship came into force in Russia. In accordance with current legislation, citizens who are registered in their homeland or living abroad with a residence permit must annually notify the migration service of the presence of a passport of another country or a residence permit. Such notification is possible both in person and using the Internet and a single service portal.
In recent years, rumors have been actively circulating that Russia will adopt new migration legislation, according to which Russians will be prohibited from having a second citizenship. However, the government notes that they do not plan to completely eradicate the institution of citizens obtaining a second passport. And all possible changes in legislation will be aimed only at ensuring appropriate registration of citizens who leave Russia or live here, while having other documents.
According to current legislation, bipatrids, that is, citizens who have several passports, will be considered in Russia exclusively as internal residents . The second passport will not provide any advantages within the borders of Russia and does not have any legal force. Its presence does not exempt from duties on the territory of Russia and another state whose passport a specific citizen has, but at the same time you can easily live in Kazakhstan with Russian citizenship.
First of all, this concerns the implementation of the law, including taxation and military service. That is, a citizen who had a Kazakh passport from birth, but subsequently received Russian citizenship, can be drafted into the army, even if he previously served in his homeland.
Procedure for renouncing Russian citizenship:
- Submitting an application for renunciation of citizenship to the Ministry of Foreign Affairs or the Embassy (application form).
- Payment of the state fee for consideration of the case.
- Obtaining a resolution on termination of Russian citizenship.
Applicants permanently residing in the Russian Federation will be able to submit a red passport within a year, and applicants from abroad, if they have a residence permit, will be able to submit it within 6 months.
Renunciation of citizenship is not permitted if the applicant:
- has outstanding obligations to the Russian Federation;
- accused of committing a criminal offense or sentenced to imprisonment;
- does not have another citizenship or has not provided guarantees of obtaining it.
Responsibility for second citizenship in Kazakhstan
The legislation of the Republic of Kazakhstan prohibits dual citizenship and even punishes it; for this purpose, sanctions are provided in the form of fines, as well as deprivation of citizenship by court verdict. Those wishing to receive a blue passport will have to write an application for renunciation of their previous citizenship (with the exception of minors, incompetents, specialists from the established list of professions, repatriates or those who have distinguished themselves for special services to the Republic of Kazakhstan).
After acquiring Kazakh citizenship, the national passport and information about the decision made are sent to a foreign state.
Those who wish to undergo naturalization and obtain a passport of another state are also forced to undergo the procedure of renouncing Kazakh citizenship. For this you will need the following documents:
- A personal statement drawn up in any form.
- Application form.
- Autobiography.
- Three photo cards measuring 35 x 45 mm.
- A copy of your ID, marriage and birth certificate.
- Certificate of absence of unfulfilled obligations to Kazakhstan or organizations or individuals.
- Receipt of payment of duty to the state treasury.
After receiving a passport from another country, you must notify the relevant government agencies at home or abroad within three working days and submit your Kazakh ID.
Is dual citizenship allowed in Kazakhstan?
Kazakhstan prohibits its citizens from holding a passport of another country. This is explained by the desire to prevent the outflow of capital abroad and protect their own jobs. Of all the post-Soviet republics, Kazakhstan has created one of the most developed programs for social support of the population, and many foreigners take advantage of it, violating the legislation of their new homeland. It is a widespread practice, especially in the southern regions, when a person, having received Kazakhstani citizenship and corresponding social benefits (primarily we are talking about state benefits), continues to live in the territory of a neighboring country and appears in Kazakhstan every month only to receive this benefit. get.
Is it possible for a foreigner to obtain a Kazakhstan passport without giving up his
Even at the dawn of independence, the country’s leadership prescribed in the Constitution (clause 3 of Article 10), and then enshrined in the Law “On Citizenship of the Republic of Kazakhstan” (Article 3), a norm according to which citizens of Kazakhstan are prohibited from having a second citizenship.
A citizen of the Republic of Kazakhstan is not recognized as having the citizenship of another state.
Law of the Republic of Kazakhstan dated December 20, 1991 No. 1017-XII “On citizenship of the Republic of Kazakhstan”
https://online.zakon.kz
According to this norm, if a person wants to become a citizen of Kazakhstan, then he must first renounce what he already has and only after that submit an application to the registration authorities.
To obtain a Kazakhstani passport, you will have to renounce your previous citizenship
Rules for obtaining another citizenship for citizens of the Republic of Kazakhstan
Holders of a Kazakh identity card have the right to acquire the citizenship of another state, but the law requires them to notify the registration authorities of this fact within thirty days. After this, the republican citizenship of such people will be revoked. It is also necessary to remember that by renouncing Kazakh citizenship, a person is deprived of the right to apply for it within the next five years from the date of loss.
Can an exception be made?
Many sources erroneously indicate that an exception is made for minors or incompetent citizens of another country, persons who have special merits to Kazakhstan (or their professional activities are of particular interest), as well as repatriates - ethnic Kazakhs who were born and lived not in Kazakhstan, but who decided to return to their historical homeland. The inaccuracy lies in the fact that the exception for this category of persons is not the ability to retain a second citizenship, as most readers believe, but the right to undergo a simplified procedure for obtaining Kazakhstani citizenship.
You will have to renounce your second citizenship in any case!
Registration of Kazakhstan citizenship for persons who belong to the above groups occurs as follows:
- an application to renounce previous citizenship is submitted simultaneously with an application to grant Kazakh citizenship;
- such an appeal is processed expeditiously - within three months instead of six;
- if there are no grounds for refusal, government authorities issue a certificate of a citizen of Kazakhstan to the applicant, who is obliged to submit his passport of another state to these authorities.
Important note: for citizens of Kazakhstan, there are two types of documents that confirm citizenship. The first is a passport of a citizen of Kazakhstan, which is issued at the request of the applicant and is essentially a foreign passport. The second document is a certificate of citizen of Kazakhstan, which is issued without fail and is a more important document within the country.
Since 2009, Kazakhstan has been issuing new citizen IDs with an electronic chip.
Adulthood in Kazakhstan occurs at the age of 18. The incapacity of a citizen can only be established by a court. The category of persons whose professional skills are of particular interest to the country is determined by a special decree of the President, these include:
- artists;
- archaeologists;
- architects;
- choreographers;
- biologists;
- doctors.
Persons who do not belong to these groups receive citizenship according to the standard scheme . The main conditions in this case are the need for permanent residence in the territory of the republic for 5 years or being officially married to a citizen of Kazakhstan for 3 years.
Special cases prescribed in the law in separate articles are the adoption of a child by foreign citizens or the establishment of guardianship over a child whose both parents are deprived of the citizenship of Kazakhstan. Such a child retains the citizenship of the Republic of Kazakhstan automatically until he turns 18 years old (that is, in fact, he can have a second citizenship). Upon reaching the age of majority, such a citizen must decide whether to retain Kazakhstani citizenship or renounce it.
Is there a special agreement between Russia and Kazakhstan
The law of the Russian Federation does not prohibit dual citizenship, but it is not permitted to everyone, but only by bilateral agreement. For 2021, the agreement was concluded only with the Republic of Tajikistan. This is not the case with Kazakhstan, and negotiations on this matter are not ongoing. In all other cases, we are talking about having a second passport. Russia does not prohibit this either, but under certain conditions. The holder of a passport from another country must report this to the Federal Migration Service. This duality led to the fact that residents of Kazakhstan received Russian passports under the program for the return of compatriots. They were not held accountable by Russia, but the Kazakh authorities did not show leniency.
Video: Kazakhstan fines people for Russian citizenship
What happens if they find a second passport?
Practice shows that many Kazakhstanis do not apply for secession and acquire dual citizenship illegally. The purpose of such fraud in most cases is the thirst for easy money (for example, pension payments, social assistance for a child, etc.), and not the banal desire to move freely.
Migration police authorities carry out checks and, if illegal binationals are identified, the loss of Kazakhstani citizenship is registered with all the ensuing consequences, including a ban on purchasing a Kazakhstani passport for 5 years. Those who, after deprivation of citizenship, continue to use invalid documents (identity cards) face a fine of 212,100 tenge in 2021 (100 MCI) in accordance with clause 1 of Art. 496 Code of Administrative Offenses of the Republic of Kazakhstan.
Officials who issued a second passport are subject to double sanctions (200 MCI). In certain cases, expatriation may be applied, i.e. short- or long-term expulsion from the country.
