"Citizenship of the Republic of Kazakhstan defines a stable political and legal relationship of a person with the state, expressing the totality of their mutual rights and obligations. In the Republic of Kazakhstan, each person has the right to citizenship."
Let's familiarize with the main aspects of obtaining citizenship of Kazakhstan. Thus, many of those who undertook the task wonder which documents to submit, to which authorities, what is a consideration period and grounds for refusal, etc.
Acquisition of citizenship of the RK
In accordance with Article 10 of the Law of the Republic of Kazakhstan "On Citizenship of the Republic of Kazakhstan" (hereinafter: Law) citizenship is acquired:
- by birth;
- as a result of admission to the citizenship of the Republic of Kazakhstan;
- on the grounds or in accordance with the procedure provided for by the interstate treaties of the Republic of Kazakhstan;
- on other grounds stipulated by the Law.
Pursuant to Article 15 of the Law, foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan may, at their request, be conferred to the citizenship of the Republic of Kazakhstan in accordance with this Law.
Decision on request for conferment into citizenship of the Republic of Kazakhstan is made by the President of the Republic of Kazakhstan.
Pursuant to Article 16 of the Law "On Citizenship", citizenship of the Republic of Kazakhstan can be conferred to:
- individuals permanently residing on the territory of the Republic of Kazakhstan for at least five years (at the time of submitting a request for citizenship, a five-year period of residence in the Republic of Kazakhstan should be continuous) or married to a citizen of the Republic of Kazakhstan (residing for at least 3 years);
- citizens of the former union republics who arrived for permanent residence in the Republic of Kazakhstan, having one of their close relatives - citizens of the Republic of Kazakhstan: a child (including an adopted child), spouse (wife), one of the parents (adoptive parents), sister, brother, grandfather or grandmother, regardless of the length of their stay in the Republic of Kazakhstan.
Pursuant to Article 16-1 of the Law, citizenship of the Republic of Kazakhstan can be conferred under a facilitated (registration) procedure:
- kandas permanently residing in the territory of the Republic of Kazakhstan on legal grounds, regardless of the length of residence;
- Rehabilitated victims of mass political repressions, as well as their descendants, deprived or lost their citizenship without their free will, permanently residing in the territory of the Republic of Kazakhstan legally, regardless of the length of residence;
- ethnic Kazakhs studying at higher educational institutions of the Republic of Kazakhstan.
Consideration period of materials on acquisition of citizenship under a facilitated (registration) procedure should not exceed three months from the date of request submission.
General procedure for admission to the citizenship of the RK
Foreigners who do not have the right to acquire citizenship under a facilitated procedure, and who wish to take citizenship of the Republic of Kazakhstan, should apply with a request to the territorial divisions of migration service at a place of permanent residence. A request is submitted to the name of the President of the Republic of Kazakhstan. A request should indicate the reasons for citizenship acquisition.
According to the Rules for the Reception, Formulation and Consideration of Petitions (Applications) for the Issues of Admission to Citizenship of the Republic of Kazakhstan for consideration by the internal affairs bodies of the RK of issues related to the citizenship of the RK, the following documents are attached to the application:
- request in a prescribed format;
- Autobiography;
- Four photos in 3.5x4.5 format;
- liability to comply with the conditions provided for in Article 1 of the Law;
- a copy of ID document confirming the citizenship of another state, certificate of a stateless person, birth certificate of a child;
- document confirming payment of state duty in the amount of 1 MCI or exemption from its payment;
- certificate of absence or termination of previous citizenship issued by a competent authority of another state.
The following is also submitted in addition to the documents stated above:
- individuals who meet the requirements of the list of professions and requirements for persons in respect of whom a facilitated procedure for conferment to citizenship of the Republic of Kazakhstan is established approved by the Decree of the President of the Republic of Kazakhstan as of June 6, 2005 No. 1587: request issued by a relevant government agency;
- individuals who have returned for permanent residence in the Republic of Kazakhstan as to their historical homeland: a kandas certificate and a statement of renunciation of their former citizenship;
- an individual applying for citizenship of the Republic of Kazakhstan, who is married to a citizen of the Republic of Kazakhstan at the time of submitting a request, submits a notarized copy of marriage certificate.
- citizens of former Soviet republics who arrived for permanent residence in the Republic of Kazakhstan and have one of the close relatives - citizens of the Republic of Kazakhstan submit documents certifying the degree of kinship with citizens of the Republic of Kazakhstan (birth certificate, marriage certificate, etc.).
Procedure for consideration of requests
The district (city) internal affairs bodies transfer the materials on conferment to citizenship to the Police Departments of the regions and cities of Almaty, Astana and Shymkent, which verify the materials, make a statement and transfer them further to the Ministry of Internal Affairs. The Ministry of Internal Affairs makes a statement and sends materials to the State Legal Department under the Presidential Executive Office of the Republic of Kazakhstan.
The moment of acquisition of citizenship
To determine the time from which a person is a citizen of the RK, it is necessary to use Article 37 of the Law, according to which the citizenship of the Republic of Kazakhstan is acquired on the day of:
- issuing of the Decree of the President of the RK on admission to citizenship;
- birth or adoption of minors;
- issuing of the Decree of the President of the RK on the admission of parents of minors to the citizenship of the RK;
- registration of citizenship in the manner provided for by interstate agreements;
- registration of acquisition of citizenship of the RK in a simplified (registration) order;
Submission of petitions from minors and incapacitated persons
In respect of children under the age of 18, as well as citizens recognized as incapacitated, a notarized request for citizenship is submitted by their legal representatives (parents, adoptive parents, guardians). A copy of a child's birth certificate, a document confirming incapacity and a document confirming the powers of a legal representative of an incapacitated person are attached to a request. For a child between the ages of 14 and 18, his/her consent is required signed by a child or certified by a notary public.
In accordance with paragraph 2 , subparagraph 11 of the Rules for the Reception, Formulation and Consideration of Petitions for the Issues of Admission to Citizenship of the RK for consideration by the internal affairs bodies of the RK of issues related to the citizenship of the RK the time for consideration of applications in local bodies of internal affairs and national security, in the Ministry of Internal Affairs of the RK and other state bodies of the RK, shall not exceed one month in each of these bodies, and in aggregate - six months.
Upon receipt of the Decree of the President of the Republic of Kazakhstan, the Police Department notifies applicants on the results of request consideration within 5 calendar days through district internal affairs authorities at the place of residence of applicants.
A certificate is issued to foreigners and stateless persons conferred to the citizenship of the Republic of Kazakhstan, which is the basis for issuing them a national ID card and a passport of a citizen of the Republic of Kazakhstan in accordance with the established procedure.
Simplified procedure for admission to the citizenship of the RK
Simplified (registration) procedure for admission to citizenship is carried out in accordance with international agreements concluded by the RK. At present, the simplified procedure applies to the following persons:
- Citizens of the Russian Federation;
- Citizens of the Republic of Belarus;
- Citizens of the Kyrgyz Republic;
- Foreign women who are married to a citizen of Kazakhstan.
The simplified procedure operates in accordance with the Agreement between the Republic of Belarus, the RK, the Kyrgyz Republic and the Russian Federation "On the simplified procedure for the acquisition of citizenship" of 26.02.1999, the Convention on the Nationality of Married Women of January 29, 1957. Each of the above countries has pledged to grant its citizens who are coming to permanent residence in the territory of another country a simplified (registration) procedure for acquiring citizenship under one of the following conditions:
- if an applicant was a citizen of the Belarus SSR, Kazakh SSR, Kyrgyz SSR or Russian SSR and at the same time a citizen of the former USSR, was born or lived on the territory of the country of acquired citizenship until December 21, 1991;
- if an applicant has one of a close relatives permanently residing in the territory of a country of citizenship acquisition and who are its citizens: spouse, one of the parents (adoptive parents), child (including adopted), sister, brother, grandfather or grandmother, grandson or granddaughter.
- a foreigner permanently residing in the territory of the Republic of Kazakhstan legally and married to a citizen of Kazakhstan
A facilitated procedure applies to citizens of the countries permanently residing in the territory of another country, regardless of the period of residence in the territory of a country of citizenship acquisition.
To do this, citizens of these states apply to a head of Police Department in the regions and at the same time to official of a country of arrival making decisions on citizenship issues with a notarized written refusal of foreign citizenship, and submit them to the migration service units of internal affairs bodies at the place of permanent residence.
The following documents must be attached to the application:
- Application of approved form;
- A notarized application for the renunciation of the previous citizenship;
- Four photos of 3.5 x 4.5 cm size;
- Obligation to comply with conditions;
- A copy of the identity document and confirming the citizenship of one of the member countries of the Agreement;
- A notarized copy of the birth certificate and marriage certificate;
- A document on payment of the state fee or exemption from its payment.
If necessary, a document confirming one of the conditions necessary for conferment of citizenship under a facilitated manner is also submitted. Copies of birth certificate, passport, other document confirming birth in the territory of the Republic of Kazakhstan, a copy of passport page with a note on registration at the place of residence before December 21, 1991 on the territory of the countries participating in the treaty or a certificate issued by a competent authority about it, a copy of marriage certificate, birth certificate or other document confirming family ties with a citizen of the Republic of Kazakhstan.
Pursuant to the Law, a facilitated (registration) procedure is applied to kandas permanently residing in the territory of the Republic of Kazakhstan on legal grounds, regardless of the period of residence; rehabilitated victims of mass political repression, as well as their descendants, deprived or lost citizenship without their free will, permanently residing in the territory of the Republic of Kazakhstan on legal grounds, regardless of the period of residence; ethnic Kazakhs studying in higher educational institutions.
To acquire citizenship of the Republic of Kazakhstan under a facilitated (registration) procedure, a request (application) is submitted to the name of head of Police Department of a regions. The following documents are attached to a request (application) for conferment to the citizenship of the Republic of Kazakhstan:
- A notarized application for the renunciation of the previous citizenship.
- Application form.
- Four photos of 3.5 x 4.5 cm size.
- Obligation to comply with conditions.
- A copy of the identity document and confirming belonging to the citizenship of another state.
- Kandas permanently residing in the territory of the RK - an kandas's certificate.
- Ethnic Kazakhs studying in higher educational institutions - a certificate from a higher educational institution, confirming the fact of training in this institution.
- certificate of nationality confirmation for ethnic Kazakhs studying in higher educational institutions.
- A document on payment of the state fee or exemption from its payment.
- Persons who are victims of political repression should submit a court decision on rehabilitation or documents confirming that they are a descendant of victims of political repression.
Kandas who do not have permanent registration apply to a head of Police Department for obtaining a permanent residence permit and taking citizenship of the Republic of Kazakhstan under a facilitated (registration) procedure and at the same time to an official of the state of arrival making decisions on citizenship issues with a notarized written refusal of foreign citizenship. The following documents are attached to a request (application):
- application form for the issuance of a permanent residence permit and registration of conferment to citizenship of the Republic of Kazakhstan, in the form according to Appendix 7-1 to the Rules;
- notarized application for renunciation of former citizenship;
- liability to comply with the conditions provided for in Article 1 of the Law;
- copy and original (for verification) of national passport or a document of a stateless person;
- copy and original (for verification) of the birth certificate or other identity document of a child under the age of sixteen, when jointly applying;
- personal autobiography in Kazakh or Russian;
- written consent of a country of citizenship, which can serve as a departure certificate, or other document confirming permission to leave for permanent residence abroad (except for foreigners and stateless persons who are recognized as refugees or who have been granted asylum in the Republic of Kazakhstan and ethnic Kazakhs from the People's Republic of China, unless otherwise provided by international treaties);
- a document on criminal record (no criminal record) in a country of citizenship and or permanent residence issued by a competent authority of a relevant state (except for ethnic Kazakh citizens of the People's Republic of China, unless otherwise provided by international treaties);
- notarized contract or a notarized consent with an individual or legal entity to provide an applicant with accomodation for residence and permanent registration;
--certificate of medical examination of a foreigner on the absence of diseases, whereas presence of the such prohibits the entry of foreigners and stateless persons into the Republic of Kazakhstan in accordance with the Order of the Minister of Health of the Republic of Kazakhstan as of September 30, 2011 No. 664 "On approval of the list of diseases, availability of which prohibits the entry of foreigners and stateless persons into the Republic of Kazakhstan" (medical certificate in 028/y form) (registered in the Register of State Registration of Laws and Regulations under No. 7274);
- minors aged from 14 to 18 years attach their notarized written consent to a parents' application;
- four photos (35x45 mm).
In accordance with Article 619 of the Tax Code, kandas are exempt from payment of the state duty - for all notarial acts related to the acquisition of citizenship of the RK.
Indicated exemption from payment of state duty is granted once.
List of documents for a foreign citizen woman who is married to a Kazakhstani
In accordance with clause 5-23 of the Rules for the Reception, registration and consideration of petitions (applications) for conferment to the citizenship of the Republic of Kazakhstan by the internal affairs bodies, including under a facilitated (registration) procedure, renunciation of citizenship, loss of citizenship and determination of belonging to the citizenship of the Republic of Kazakhstan, as well as the Convention on the citizenship of married women, a foreign citizen permanently residing on the territory of the Republic of Kazakhstan and married to a citizen of Kazakhstan, submits an application for admission to citizenship of the Republic of Kazakhstan under a facilitated manner addressed to a head of Police Department of region as well as to an official of state making a decision on citizenship issues with a notarized written refusal of foreign citizenship and submits them to a migration service division at a place of permanent residence.
The following documents must be attached to the application:
- A notarized copy of the application for the renunciation of the previous citizenship;
- Application of approved form;
- Four photos of 3.5 x 4.5 cm size;
- Obligation to comply with conditions;
- A copy of the passport confirming the citizenship of the foreign state;
- A copy of the marriage certificate;
- A copy of the identity card of a spouse who is a citizen of the RK;
- A document on payment of the state fee in the amount of 1 MCI.
Nationality of a child
A child whose both parents were citizens of the Republic of Kazakhstan at the time of his/her birth is a citizen of the Republic of Kazakhstan regardless of the place of birth.
Citizenship of the child with different citizenship of the parents
With different citizenship of the parents, one of whom was a citizen of the Republic of Kazakhstan at the time of a child's birth, a child is a citizen of the Republic of Kazakhstan if he/she was born:
- on the territory of the RK;
- outside the RK, but the parents or one of them at that time had a permanent place of residence on the territory of the RK.
With different citizenship of the parents, one of whom was a citizen of the Republic of Kazakhstan at the time of a child's birth, if at that time both parents had permanent residence outside the Republic of Kazakhstan, citizenship of a child born outside the Republic of Kazakhstan is determined by the agreement of the parents expressed in writing.
A child, one of whose parents was a citizen of the Republic of Kazakhstan at the time of a child's birth and the other was a stateless person, or his/her citizenship is unknown, is a citizen of the Republic of Kazakhstan regardless of the place of birth.
In case of establishing the paternity of a child whose mother is a stateless person, and a citizen of the Republic of Kazakhstan is recognized as the father, a child under the age of 14 becomes a citizen of the Republic of Kazakhstan, regardless of the place of birth. In case of permanent residence of a child outside the Republic of Kazakhstan, his/her citizenship is determined by a written application of the parents.
If parents could not come to an agreement on the citizenship of a child, the citizenship is determined in court.
Citizenship of a child whose parents are unknown
A child located in the territory of the Republic of Kazakhstan, both parents of whom are unknown, is a citizen of the Republic of Kazakhstan.
Acquisition of citizenship of the Republic of Kazakhstan by a child of stateless persons
A child born in the territory of the Republic of Kazakhstan to stateless persons who have permanent residence in the territory of the Republic of Kazakhstan is a citizen of the Republic of Kazakhstan.
Grounds for refusal to admit citizenship of the RK
The list of such grounds is given in Article 17 of the Law "On Citizenship of the RK". An application for admission to Kazakhstan citizenship is rejected if the person applying for this:
- committed a crime against humanity under international law, deliberately opposes the sovereignty and independence of the Republic of Kazakhstan;
- calls for violation of unity and integrity of the territory of the Republic of Kazakhstan;
- carries out illegal activities that damage state security, public health;
- incites interethnic, interfaith and religious enmity, counteracts the functioning of the state language of the Republic of Kazakhstan;
- belongs to terrorist and extremist organizations or has been convicted of terrorist activities
- he/she is on the international wanted list, is serving a sentence under a court verdict that has entered into force, or his/her actions are recognized by the court as a particularly dangerous relapse;
- is a citizen of other countries, this provision does not apply to citizens of the Russian Federation, the Republic of Kyrgyzstan, Belarus, who arrived for permanent residence in the Republic of Kazakhstan, having one of the close relatives - citizens of the Republic of Kazakhstan, if they applied to the internal affairs bodies with a written request to renounce foreign citizenship.
- reported false information about himself/herself when applying for citizenship of the Republic of Kazakhstan or failed to submit the necessary documents without a valid reason within the time limits established by the legislation of the Republic of Kazakhstan;
- has an outstanding criminal record for committing an intentional crime on the territory of the Republic of Kazakhstan or abroad, recognized as such by the legislation of the Republic of Kazakhstan;
- committed an offense in the field of economics within five years before applying for admission to the citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan;
- repeatedly for five years prioe to applying for citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan violated the legislation of the Republic of Kazakhstan in the field of population migration;
- has lost citizenship of the Republic of Kazakhstan on the basis of sub-clauses 1), 2) and 5) of Article 21 of the Law within five years prior to applying for admission to citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan;
- has lost the citizenship of the Republic of Kazakhstan on the basis of subclause 8) of the first part of Article 21 of the Law;
- deprived of citizenship of the Republic of Kazakhstan based on Article 20-1 of the Law.