To avoid problems with Russian law enforcement agencies, every foreign citizen should correctly register their legal status from the very beginning. Considering the significant activity of migration processes between Russia and Kazakhstan, it would be useful to recall what norms of national and international legislation they are regulated by. In this material, we look at the legal grounds on which citizens of Kazakhstan can stay in Russia in 2021.
Migration registration: what Kazakhstanis need to know
Every foreigner, regardless of the border crossing regime (visa or visa-free), upon entering Russia must register with migration authorities within 7 days. This fact is confirmed by the corresponding document issued by the territorial branch of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation.
However, registration of citizens of Kazakhstan for migration has some peculiarities.
The fact is that this state is part of the Eurasian Economic Union, and according to the laws that operate within this interstate entity, citizens of the member countries of this union have the right to register within 30 days (instead of the required 7).
If their stay in the country does not exceed one month, then they don’t have to visit the migration service at all. That, in principle, is all you need to know about how to register for migration as a citizen of Kazakhstan.
Entry of citizens of Kazakhstan to Russia
Citizens of the Republic of Kazakhstan do not require a visa to enter the Russian Federation. When crossing the border, visitors from Kazakhstan fill out a migration card form. It contains a stamp indicating the date of entry.
The period of temporary stay of Kazakhs in Russia, including Moscow, should be no more than 90 days.
Citizens of the Republic of Kazakhstan temporarily staying on the territory of Russia for a period of no more than 30 days are exempt from the obligation to register at the place of stay with the territorial bodies of the Federal Migration Service of the Russian Federation. A visitor from Kazakhstan who plans to stay on the territory of the Russian Federation for more than 30 days must obtain temporary registration , registering with the Federal Migration Service. Without this, the presence of Kazakhs in Russia is illegal. Liability is established by the Code of the Russian Federation on Administrative Offenses. Persons who violate this rule are subject to fines, deportation or administrative expulsion.
Under what conditions do Kazakhstanis live in the Russian Federation?
The established procedure for the stay of citizens of Kazakhstan in Russia is still regulated by the same rules. The Agreement stipulates mutual simplification of conditions for the “migration” of goods, services and labor. Thus, the residence and employment of Kazakhstanis in Russia is accompanied by fewer bureaucratic procedures and, accordingly, material costs.
The basic rules for the stay of citizens of Kazakhstan on the territory of Russia in 2021, according to the Treaty, are the same as for Belarusians, Kyrgyz and Armenians. They boil down to the following:
- grace period for 30 days - you don’t have to register and fill out a migration card;
- visa-free entry and “open” borders;
- rule 90/180 - you are allowed to stay on a migration card for three months in total for six months, after which you need to leave the country (if there are no other reasons to stay).
Let's take a closer look at some of the nuances.
Rules for entering the country
When crossing the border, an adult Kazakh citizen must have a national passport with him, and children must have a birth certificate (or passport, if available).
If the visit is planned for a period of more than one month, then the entry of Kazakh citizens into Russia is accompanied by filling out a migration card; if the trip is short-term (up to 30 days), then the card does not need to be filled out, in which case the date of crossing the border is calculated according to the stamp in the passport.
What documents are required?
Citizens of the Republic of Kazakhstan can confirm their legal status in Russia:
- migration card (temporary stay);
- TRP (temporary residence);
- Residence permit (permanent residence).
Citizens planning a long stay must apply for a temporary residence permit and residence permit.
If a migrant goes to the Russian Federation to work, this is not necessary. In this case, evidence of the legality of his stay in the country will be a migration card for Kazakhstanis in Russia, filled out when crossing the border, as well as an employment contract.
How to deal with registration
The need for registration for Kazakhstanis, as well as Belarusians, also depends on the period of stay of the foreigner in the country. Thus, even temporary registration at the place of stay in Russia is not necessary for citizens of Kazakhstan if the period planned for visiting the country does not exceed 30 days. If this period is longer, then the receiving party (both an individual and a legal entity) must notify the migration authorities (GUVM MIA) and register the foreigner. This can be done either in person or by mail. A tear-off registration slip is handed over to you.
Let us remind you that hotels, hotels and other “temporary” housing are required to notify the migration authorities about the settlement of foreign citizens within 24 hours.
Temporary registration at place of residence Printable version
As you know, every citizen of the Republic of Kazakhstan must have registration at the place of residence. In Kazakhstan, registration of the population at the place of residence and temporary residence has always been provided for by law.
There are 2 types of registration at the place of residence - permanent and temporary.
- Permanent registration is registration at the place of permanent residence.
- Temporary registration is registration at the place of temporary stay (residence) of a citizen for more than 1 month.
Citizens of the Republic of Kazakhstan who have reached of 14 (since by Decree of the Government of the Republic of Kazakhstan No. 30 dated 02/04/2020 “On amendments to the Decree of the Government of the Republic of Kazakhstan dated December 1, 2011 No. 1427 “On approval of the Rules for registration of internal migrants and amendments to some decisions of the Government of the Republic of Kazakhstan” registration of children under 14 years of age has been cancelled).
In this article we will dwell in more detail on the concept of “Temporary registration”, how and in what cases it is issued.
On January 7, 2021, amendments made to the Laws of the Republic of Kazakhstan “On Migration of the Population”, “On Housing Relations” came into force, which provide for the obligation of citizens to register at the place of temporary residence, as well as the obligation of owners or persons authorized to rent out housing to temporarily register citizens living in them.
New registration provisions apply to citizens who have temporarily changed their place of residence. People who come to visit, as well as on other business, for up to a month, may not register, as they are temporary residents.
The concept of “temporary residents” is defined in Article 2 of the Law of the Republic of Kazakhstan “On Housing Relations” (temporary residents are citizens who have been granted the right by a tenant (the owner of a home, a member of a housing cooperative) to temporarily reside in a home without charging them for the use of the home).
A citizen who arrives at a place of temporary stay for a period of more than 1 month is required to register within 10 days.
Where can I register and what documents are needed for temporary registration?
Registration of citizens at their place of temporary residence is carried out at the Public Service Centers (PSC) or through the “electronic government” portal. The registration procedure takes 10-15 minutes. The information is immediately entered into the information system, from which it is simultaneously transferred to the State Database “Individuals”. When submitting an electronic request for registration through the “electronic government” portal, the service “Temporary registration at the place of residence of citizens of the Republic of Kazakhstan” is selected. To do this, it is necessary to have an electronic digital signature of the service recipient and an electronic digital signature of the owner of the home to sign consent to registration in the “personal account”. When registering at a place of temporary stay (residence) through the portal, registration is carried out online.
Today, for temporary registration when applying to the Public Service Center, the following documents are required:
- consent of the owner of the tenant indicating the RKA code (or an authorized representative with a notarized power of attorney to register the tenant);
- identification document of the owner of the property (personal presence is required);
- identification document of the registered person.
It should be noted that registration at a place of temporary residence cannot be the basis for acquiring property rights and does not give the right to claim housing.
What does failure to comply with the rules of temporary registration entail?
Citizens residing at a place of temporary stay without registration are subject to administrative liability. Thus, residing at a place of temporary stay without registration for a period of 10 calendar days to one month entails a warning. After the end of the month, penalties in the amount of 7 MCI will be applied. Landlords who rent out apartments and do not register tenants in them will also be held administratively liable. The amount of the fine will be 10 MCI (at the same time, if the violation is repeated within a year, the fine will be 20 MCI).
Permitted period of stay in the Russian Federation
The legal time of stay in Russia for citizens of Kazakhstan depends on the purposes of those arriving and, accordingly, the documents issued.
If a Kazakhstani citizen comes to the Russian Federation to work, then the period of residence is determined by:
- migration card - you can stay for 90 days, after which you need to cross the border;
- an employment contract - while it is in force, residence in the Russian Federation is considered legal even without taking into account other documents.
Moreover, this rule is relevant both for the citizen and for his family members. The only caveat: in order for an employment agreement to be the basis for legal stay in the country, the migration card must be filled out correctly, and “work” must be indicated in the “purpose of entry” column. For family members, the purpose of the visit is defined as “private”.
Do not also forget that the period of stay in Russia without registration for citizens of Kazakhstan in 2021 is 30 days.
Separately, let’s say about the three-month period of stay for unemployed citizens of Kazakhstan: those who study full-time in higher educational institutions and those who have applied for a temporary residence permit will not have to leave the country after 90 days.
How to extend the deadline
If a Kazakh citizen wants to stay in Russia longer than the law stipulates, he has several options.
The first way is to extend the old employment contract or enter into a new one with another employer, while he has a legal 15 days to change jobs, during which he needs to draw up new documents. In this case, there is no need to leave the country.
The second option is to contact the migration department office with an application for a temporary residence permit (TRP).
What happens if deadlines are missed?
For violators of migration legislation (we are talking about everything related to crossing the border, stay and employment), several penalties are provided:
- fines (2-5 thousand rubles);
- deportation;
- administrative expulsion followed by a ban on entry (the duration of the ban depends on the period that the foreigner “overstayed”).
Sanctions also apply to Russians who:
- employed a Kazakhstani citizen illegally staying on the territory of the state;
- did not fulfill their part of the obligations to legalize Kazakhstanis.
