The rules of entry and stay of foreigners in the Republic of Kazakhstan as well as their departure from Republic of Kazakhstan

What travel documents and identification are required for foreigners to enter and leave the Kazakhstan?

Foreign citizens can enter the Republic of Kazakhstan (hereinafter referred to as "the RK or Kazakhstan") and leave the country on the basis of valid foreign passports or documents that replace them in the presence of Kazakhstan valid visas, unless another procedure is not established by agreement with the relevant country or the Government of the Republic of Kazakhstan (Articles 22 and 23 of the Law of the Republic of Kazakhstan "On Legal Status of Foreigners ").

The registration of foreigner citizens 

If the period of your stay in the Republic of Kazakhstan is more than 5 calendar days, you must have a temporary residence permit (registration), if another procedure is not established by agreement with the corresponding country or Government of the Republic of Kazakhstan (Paragraph 9 of the Rules of entry and stay of immigrants in the RK, and their departure from the Republic of Kazakhstan No. 148 dated 21.01.2012).

The registration of foreigners is free of charge and is carried out by the migration police of the Ministry of Internal Affairs of the Republic of Kazakhstan at the place of temporary residence.

For the registration of a foreigner, individuals or legal entities receiving foreigners, as well as foreigners applying for registration personally, provide a list of documents (identity document, migration card, application for registration) specified in paragraph 9 of the State Service Standard "Registration of foreigners and stateless persons citizenship temporarily staying in RK "dated 30.04.2015 №303.

Registration of certain categories of foreigners (diplomatic and consular staff, members of their families, employees of international organizations, persons arrived at the invitation of the Ministry of Foreign Affairs) is carried out by the Ministry of Foreign Affairs.

 Registration of persons, arriving to Kazakhstan from countries with which international treaties on visa-free entry and stay are available, shall be made for a period within which a visa-free stay is allowed. If a specific period is not established, registration is issued for a period not exceeding 30 days and for citizens of the states-members of the Eurasian Economic Union is 90 days from the date of entry into the Republic of Kazakhstan.

Is registration required if the period of stay in the Republic of Kazakhstan is less than 5 days?

If the period of stay of a foreigner does not exceed 5 days, registration is not required.

The rules of entry and stay for citizens of some foreign countries in the Republic of Kazakhstan, as well as their departure from Kazakhstan.

Citizens of the following countries enter the Republic of Kazakhstan and leave the Republic of Kazakhstan without visas if the period of their stay in the Republic does not exceed 30 calendar days:

Citizens of the Australian Union, the United States of America, the Austrian Republic, the Kingdom of Belgium, the Republic of Bulgaria, the United Arab Emirates, the Federal Republic of Germany, the Greek Republic, the Kingdom of Denmark, New Zealand, Japan, the State of Israel, the Republic of Ireland, the Republic of Iceland, the Kingdom of Spain, the Italian Republic, Canada , the Republic of Cyprus, the Republic of Korea, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, Malaysia, the Republic of Malta, the United States of Mexico, the Principality of Monaco, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Singapore, the Slovak Republic, the Republic of Slovenia, the Republic of Turkey, the United Kingdom of Great Britain and Northern Ireland, the Republic of Finland, the French Republic, the Republic of Croatia, The Czech Republic, the Republic of Chile, the Swiss Confederation, the Kingdom of Sweden and the Republic of Estonia.

What categories of foreigners are exempt from registration?

The following foreigners are exempt from registration of passports:

- possessing a diplomatic or service passport;

- arriving in Kazakhstan with a visa of the category "diplomatic", "official", "investor" or when confirming the status of the "investor" from the authorized body (for countries with a visa-free regime of stay);

- under 16 years of age (paragraph 10 of the Rules for the Entry and Stay of Immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan dated 21.01.2012, No. 148).

Can foreigners, having registered in one settlement, move through the territory of the Republic of Kazakhstan?

Foreigners may move freely across the territory of the Republic of  Kazakhstan except for places for visiting which a special permit is needed issued by bodies of internal affairs or authorized organizations as well as objects arrival at and stay in the territory of which requires special permit issued by the administration of these objects.

Having registered at a certain place of residence, foreigners may move freely(within the registration term),  across the territory of the Republic of  Kazakhstan except for places for visiting which a special permit is needed issued by bodies of internal affairs or authorized organizations (Article 16 of the Law of the Republic of Kazakhstan "On Legal Status of Foreigners ").

Authorized state bodies establish such restrictions when it is necessary to ensure state security protect public order, health and morality of the population, protect the rights and legitimate interests of citizens of Kazakhstan and other persons.

Is it necessary to re-register in case of changing permanent residence?

The place of residence is recognized as the locality where the citizen permanently or predominantly lives (paragraph 1, article 16 of the Civil Code of Republic of Kazakhstan).

When a foreigner changes his temporary place of residence in Kazakhstan, the hosting side informs the internal affairs bodies about this within 3 working days.

In case of changing the permanent or temporary place of residence, foreigners within 5 calendar days are re-registered in the internal affairs bodies at the place of new residence (paragraph 10 of the Rules of Entry and Stay of Immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan from 21.01.2012, No. 148 ).

If a foreigner has lost or inadvertently spoiled a migration card.

If the migration card is lost or unintentionally damaged, the foreigner within 3 working days declares this to the internal affairs bodies, which after checking the applicants, duplicates of migration cards are issued and registration marks are put down (paragraph 12 of the Rules for the issue of the migration card dated May 27, 2013, No. 351 )

Transit through the territory of Kazakhstan

Transit travel of foreigners through the territory of the Republic of Kazakhstan is allowed for a period of not more than 5 days if they have documents (visas) for entry into the third country

What kind of responsibility is provided for violation of the law in area of migration?

For violation of the legislation of the Republic of Kazakhstan in the field of migration of population by the foreigner, administrative responsibility is provided in the form of a warning, fine, administrative arrest and deportation outside Kazakhstan (Article 577 of the Republic of Kazakhstan Code "On Administrative Offenses").

If a foreigner violated the term and order of stay in the Republic of Kazakhstan for reasons that do not depend on him.

In cases of violation of the terms and order of stay of foreigners on the territory of the Republic of Kazakhstan, if the delay with departure occurred due to those valid reasons independent of them (force majeure - natural disasters, weather conditions, illness, disruption of normal operation of transport and others), foreigners are crossed through the border by order of officials of checkpoints with the appropriate mark in the migration card (paragraph 14 of the Rules for the issue of the migration card dated May 27, 2013 No 351).

Prepared by the Academy of law enforcement agencies under the General Prosecutor’s office