5.2 Citizenship of the Republic of Kazakhstan: concept, grounds and procedure for acquisition, termination and change (2 hours)


Citizenship of Kazakhstan: pros and cons

Since the collapse of the Soviet Union, migration between Russia and Kazakhstan has existed more unilaterally. Citizens of Kazakhstan went to the Russian Federation to work, got married and moved to better living conditions. They emigrated from Russia to the Republic of Kazakhstan to reunite with family, open a business, change their occupation and surrounding landscapes.

Obtaining Kazakhstan citizenship provides the following benefits:

  • priority in the list of employers over visitors, preferential conditions for doing business;
  • legal protection and state support;
  • the right to vote in elections and active participation in the social and political life of the republic;
  • visa-free travel to 66 countries.

Kazakhstan attracts investors, and cooperation with China also provides important strategic goals.

Having assessed the advantages of moving, it is worth considering in detail the disadvantages of obtaining Kazakh citizenship:

  • low level of tourism. Judging by the comments, there are few places for recreation, beautiful architecture and landscapes, and the infrastructure in this area is poorly developed;
  • distance from Europe. Those who want to find a good job, get a prestigious education and a better standard of living often choose the West - the center of the economy and culture;
  • stagnation. The power in the republic has not changed for decades. Protests are suppressed here, even if they are for social reasons rather than political ones. Freedom of speech is still unrealistic.

There are shortcomings in any country, so with a detailed assessment you can find states where life is much worse than in Kazakhstan.

How to get a Russian

Kazakhstan gives everyone who is looking for how to obtain citizenship the opportunity to familiarize themselves with the relevant articles of the law. The procedures and grounds are regulated for the most part by Art. 10 and 16 of the Law of the Republic of Kazakhstan “On Citizenship of the Republic of Kazakhstan”. You can rightfully apply for a passport:

  • birth;
  • residence on the territory of the republic before 03/01/1992 (if the applicant did not renounce citizenship before 03/01/1995);
  • admission to citizenship;
  • permanent residence in Kazakhstan for at least 5 years;
  • legal marriage with a resident subject to cohabitation for at least 3 years;
  • family reunion.

By birth

Those born in Kazakhstan are given the right to acquire citizenship, provided that they have not accepted the citizenship of other countries. Children born to citizens of the Republic of Kazakhstan are allowed to obtain Kazakh citizenship, regardless of where they were born.

Residence in Kazakhstan until 1992

The current migration policy indicates that a person who permanently resided on the territory of the Republic of Kazakhstan at the time the law “On Citizenship of Kazakhstan” came into force can automatically be recognized as a citizen of the republic.

By right of admission to citizenship

Registration of Kazakhstan citizenship for Russian citizens is available on a number of grounds. All of them require compliance with conditions; in one case, it takes very little time to review the document and receive a passport, in others you have to wait for years. While in the country, you must behave in accordance with local traditions and rules.

Resident card

Before obtaining Kazakhstani citizenship, you can apply for a residence permit. The period for which a residence permit is issued is 10 years. There is a limitation, it is the deadline for changing the national passport. Residence permits are usually requested by labor migrants, students of local universities and other visitors from the Russian Federation who have decided to obtain a Kazakh passport over time. The right to obtain official status requires residence on the territory of the Republic of Kazakhstan for five years (if the grounds are general), sometimes reduced to 3 years (for those married to a resident).

By naturalization

The procedure is provided for those who have lived in the republic for a long time, adapt to culture and traditions, and successfully integrate into society. Condition – compliance with migration policy, no criminal record, compliance with requirements.

For work

Compared to Russia, finding a job in Kazakhstan is more difficult. But holders of in-demand specialties can get prestigious positions and receive benefits when applying for a passport.

For studies

The country's educational institutions are not particularly prestigious, but the educational program is decent when compared with other states that were once part of the USSR. Foreigners admitted to a local university are allowed to legally reside in the territory for the entire duration of their studies. After graduating from university, you can apply for further legalization.

St. 6

4. Unless otherwise provided by an international treaty of the Russian Federation or federal law, the legal representative of a citizen of the Russian Federation who has not reached the age of eighteen years or has limited legal capacity (with the exception of citizens of the Russian Federation permanently residing outside the Russian Federation), is obliged to submit a written notification of the presence from a given citizen of a different citizenship or a document for the right of permanent residence in a foreign state to the territorial body of the federal executive body authorized to exercise control and supervision functions in the field of migration, at the place of residence of this citizen within the Russian Federation (in the absence of one - at place of his stay within the Russian Federation, and if this citizen does not have a place of residence and place of stay within the Russian Federation - at the place of his actual location in the Russian Federation) within sixty days from the date of acquisition of another citizenship by this citizen or receipt of a document for the right of permanent residence in a foreign country.

e) the name of the existing other citizenship, series, number and date of issue of a foreign passport or other document confirming that the specified citizen has another citizenship, and (or) name, series, number and date of issue to the specified citizen of a document for the right of permanent residence in a foreign state ;

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Receipt

The documents, along with the application, are submitted to the internal affairs body at the place of registration. The inspector has the right to ask clarifying questions, since the success of the event depends on the completeness of the information provided. If the inspector finds no errors, he will transfer the papers to the internal affairs body of the regional jurisdiction. This will be followed by checks by the Ministry of Internal Affairs and security agencies for the accuracy of the information. If no problems are identified, and the candidate has sufficient grounds, a positive decision will be made.

Before obtaining citizenship, Kazakhstan offers the applicant to wait about 6 months - this is the standard period for reviewing applications and a package of documents. According to the accelerated procedure, you will have to wait about 3 months. As a result, a certificate is issued, on the basis of which they receive an identity card and a Kazakh passport. In rare cases, the answer is refusal.

On a universal basis

Before obtaining Kazakh citizenship, you should find out which procedure is most suitable. If there is no reason to resort to a simplified scheme, a standard list of activities remains. It is necessary to draw up an application addressed to the President of the Republic of Kazakhstan, indicating the motives and grounds for relocation. The following must be attached to the application by a potential citizen of the republic:

  • autobiography;
  • 4 photos;
  • obligation to comply with the conditions specified in Art. 1 of the Law “On Citizenship of the Republic of Kazakhstan”;
  • a copy of a foreign passport or identity card of a stateless person;
  • a receipt for payment of state duty (1 MCI) or a document confirming exemption from payment;
  • a certificate confirming the absence of a passport of another country or renunciation of previous citizenship.

In addition to the above, you must provide additional documents:

  • a petition from the relevant government agency, if there is a basis for a simplified procedure;
  • Oralman certificate and renunciation of citizenship of another country from a person returning to their historical homeland;
  • marriage certificate from the person who registered the relationship with a resident of the Republic of Kazakhstan;
  • documents confirming kinship if a reunification program with one of the close relatives is involved.

As a standard, city and district internal affairs bodies accept papers and transfer them to the Department of Almaty, Shymkent, Astana. There they are rechecked, a conclusion is made and transferred to the Ministry of Internal Affairs. The Ministry gives an opinion and forwards the documents to a specialized department under the Presidential Administration.

When considering the issue of time and timing of how to obtain citizenship, Kazakhstan is guided by Art. 37, according to which citizenship is acquired on the day:

  • birth/adoption of a minor;
  • issuing a corresponding presidential decree;
  • registration in the manner prescribed by the agreement between states;
  • registration according to a simplified scheme.

On behalf of minors and incapacitated Russians, their official representatives have the right to submit a petition with notarization. These may be adoptive parents, parents and guardians. It is necessary to prepare a birth certificate for children, and at the age of 14–18 years, also a consent signed by the child.

In a simplified manner

For anyone interested in how to obtain citizenship, Kazakhstan offers two options for completing the procedure - standard and simplified. The second involves reducing the time frame for reviewing papers and issuing a response to 3 months, as well as a reduced list of required documents. The simplified scheme is provided by international treaties that the authorities of Kazakhstan signed with Russia, Belarus, and Kyrgyzstan. In each of the countries that have entered into an agreement, it should be possible to obtain a passport using a simplified scheme. The following conditions must be met:

  • the applicant had citizenship of the Kazakh, Belarusian, Kyrgyz SSR, was born and lived in the territory until December 21, 1991;
  • the applicant has a relative in Kazakhstan (spouse, parent, child, brother or sister, grandparent, grandchildren);
  • marriage with a resident against the background of permanent residence in the Republic of Kazakhstan on a legal basis.

The simplified procedure applies regardless of how long a foreign citizen lived on the territory of Kazakhstan before becoming one of his own here. The procedure begins with submitting an application to the head of the Department of Internal Affairs and at the same time to the official of Kazakhstan who makes decisions on citizenship issues. Documents are submitted to the migration services departments at the place of residence. List of documents:

  • application form;
  • 4 photos;
  • autobiography;
  • renunciation of citizenship of another state, certified by a notary;
  • obligation to comply with the conditions of emigration;
  • a copy of the passport, marriage and birth certificate of Russians;
  • receipt of paid state duty;
  • oralmans present their identification;
  • ethnic Kazakh students submit a certificate from the university;
  • certificate of confirmation of nationality;
  • victims of repression and their children add a court decision on rehabilitation to the documents.

Oralmans are exempt from having to pay the fee (Article 617 of the Tax Code of the Republic of Kazakhstan).

A separate procedure is provided for foreign citizens who have registered a relationship with a Kazakh citizen. A foreigner permanently residing in the republic applies for a passport using a simplified procedure. The application is drawn up in the name of the head of the regional Department of Internal Affairs, and in parallel - in the name of the official in the homeland who makes decisions on citizenship issues. The Kazakh authorities must submit a written renunciation of Russian and other citizenship. Along with the application you must submit:

  • 4 photos;
  • a copy of the application for renunciation of the previous passport;
  • obligation to comply with the terms and conditions;
  • a copy of a foreign (Russian) passport;
  • a copy of the marriage registration certificate;
  • a copy of your resident spouse's ID;
  • receipt of paid state duty in the amount of 1 MCI.

Basis for acquiring citizenship of the Republic of Kazakhstan

A child under the age of 14, who is a citizen of another state or a stateless person, adopted by spouses, one of whom is a citizen of the Republic of Kazakhstan and the other is not, becomes a citizen of the Republic of Kazakhstan with the consent of the adoptive parents, expressed in writing.

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Renunciation of citizenship of the Republic of Kazakhstan may be denied if the person applying for renunciation has unfulfilled obligations to the Republic of Kazakhstan or property obligations that are associated with the significant interests of citizens or enterprises, institutions and organizations, public associations located on the territory of the Republic of Kazakhstan.

Who can be refused

To the question of how to obtain citizenship, Kazakhstan, represented by its official representatives, gives clear and precise answers. It is not difficult to follow the rules of emigration, but there are situations when a person deliberately or accidentally makes a mistake, which leads to a refusal in response to the application. In addition to clerical errors and errors in documents, the reason for refusal may be:

  • a crime against all humanity (details specified in international law);
  • conscious opposition to the independence of Kazakhstan;
  • confirmed facts of calls to violate the unity of the Republic of Kazakhstan;
  • illegal activities aimed at harming the Kazakh population or harming state security;
  • inciting ethnic and religious hatred;
  • the applicant is a citizen of another state (there are exceptions - minority or services to the Republic of Kazakhstan);
  • participation in extremist, terrorist organizations and related actions;
  • being on the international wanted list;
  • falsification of documents and presentation of false information and information during the submission of documents for a passport;
  • outstanding conviction for deliberate violation of the law in the Republic of Kazakhstan and abroad;
  • lack of respect for the law, repeated violations of migration rules over the past five years.

Most of the reasons listed above are used to deny an application in a number of other states. Therefore, a candidate caught committing such violations will be an undesirable emigrant in most countries of the world. If you have doubts about the reasons for the refusal, contact the authorities with an appeal.

Is dual citizenship possible?

Since 2010, the parliament of the republic has tried to raise the issue regarding the legality of dual citizenship. This was not about all foreigners who received a passport, but about those living in the northern regions of the Republic of Kazakhstan. So the parliamentarians wanted to make life easier for people living directly next to the Russian border. But the law has not been changed in this part, so dual citizenship is prohibited for almost everyone in the country. The exception is seriously ill people, as well as those who have made a special contribution to the economy and culture of Kazakhstan. Also, minors can have dual citizenship if their parents belong to one of the exceptions listed above.

The rules of emigration policy and emigration to the republic must be strictly observed, without trying to find a loophole in the laws. Representatives of the Department of Internal Affairs and the migration police monitor the migrants and suppress attempts to violate the law. If a fact is revealed, citizenship is deprived. You can lose your Kazakh passport for other reasons:

  • military service, work in law enforcement or government agencies of other states (except for situations provided for by international agreements);
  • obtaining citizenship of another country;
  • retroactive identification of the fact of providing false data during citizenship registration;
  • fictitiousness of marriage with a citizen;
  • participation in armed conflicts abroad, membership in prohibited extremist organizations.

It is not difficult to obtain citizenship if you have the grounds, comply with the requirements of the law and meet the conditions.

Together

Who solved the problem of 2015 and in what ways? The problem was created by consulates that simply do not accept documents without a permanent residence stamp in the passport without a reason. However, according to the Law of the Republic of Kazakhstan On Citizenship of the Republic of Kazakhstan (as amended and supplemented as of July 4, 2014)

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1) as a result of a person entering military service in the security service, police, justice authorities or other bodies of state power and administration of another state, with the exception of cases provided for by interstate treaties of the Republic of Kazakhstan;

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