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"Citizenship of the RK defines a stable political and legal relationship between a person and the state, expressing the totality of their mutual rights and obligations. In the RK, everyone has the right to citizenship".
So, let us consider the main aspects of obtaining the citizenship of the Republic. Surely, many who have set themselves this task, are faced with various issues: what documents to hand over, to which authorities, what are the terms of consideration, grounds for refusal and so on.
Acquisition of citizenship of the RK
In accordance with Article 10 of the Law of the RK "On Citizenship of the RK" citizenship is acquired:
- by birth;
- as a result of admission to the citizenship of the RK;
- on the grounds or in the manner provided for by intergovernmental agreements of the RK;
- on other grounds stipulated by this Law.
If you are a citizen of another state or a stateless person, by applying, you can be accepted into the citizenship of the RK in accordance with the norms of:
- the Law of the RK "On Citizenship of the RK";
- Decree of the President of the Republic of Kazakhstan on the commission on citizenship under the President of the Republic of Kazakhstan;
- The rules for admission, execution and consideration by the internal affairs bodies of applications (applications) on the issues of admission to the citizenship of the Republic of Kazakhstan and restoration of citizenship of the Republic of Kazakhstan, including in a simplified (registration) procedure, withdrawal from citizenship, loss, deprivation of citizenship and determination of citizenship of the Republic Kazakhstan;
- Instructions on registration of documents on issues of citizenship of the RK by foreign institutions of the RK;
- The Convention on the Nationality of Married Women;
- Agreement between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation on a simplified procedure.
According to Article 16 of the Law "On Citizenship," the citizenship of the RK can be acquired by:
- persons permanently residing in the territory of the Republic of Kazakhstan for at least five years (at the time of applying for citizenship, the five-year period of residence in the Republic of Kazakhstan should be continuous) or married to a citizen of the Republic of Kazakhstan (living 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.
According to article 16-1 of the Law “On Citizenship”, citizenship of the Republic of Kazakhstan can be accepted in a simplified (registration) order:
The following may be accepted into the citizenship of the Republic of Kazakhstan in the simplified (registration) procedure:
- kandas permanently residing on the territory of the Republic of Kazakhstan legally, regardless of the length of stay;
- 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.
The term for consideration of materials on acquiring citizenship in a simplified (registration) procedure should not exceed three months from the date of application.
General procedure for admission to the citizenship of the RK
Foreigners who do not have the right to admission to citizenship in a simplified manner and who wish to accept the citizenship of the RK must apply with an application to the territorial units of the migration police at their place of permanent residence. The application is submitted to the President of the RK. The application must state the reasons for taking citizenship.
According to the Rules for the Reception, Formulation and Consideration of Petitions (Applications) 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 following documents are attached to the application:
- Application form in accordance with the established form;
- Autobiography;
- Four photos in 3.5x4.5 format;
- Аutobiography;
- Obligation to observe the conditions provided for in Article 1 of the Law of the RK on Citizenship of the RK;
- A copy of an identity document and confirming the citizenship of another state, certificate of a stateless person, birth certificate of a child;
- A document on payment of the state fee in the amount of 1 MCI or exemption from its payment;
- Certificate of the absence or termination of former citizenship issued by the competent authority of another state.
In addition to these documents the following are provided:
- persons who meet the requirements of the list of occupations and requirements for persons with respect to whom a simplified procedure for admission to the citizenship of the RK, approved by Decree of the President of the RK of June 6, 2005, No. 1587, - an application of the relevant state body;
- persons who have returned for permanent residence in the RK as a historical homeland - an kandas's certificate and a statement on the renunciation of former citizenship;
- a person applying for citizenship of the RK, at the time of filing an application married to a citizen of the RK, shall provide a notarized copy of the marriage certificate.
- citizens of the former Soviet republics who arrived for permanent residence in the RK and have one of the closest relatives - citizens of the RK submit documents certifying the degree of kinship with the citizens of the RK (birth certificate, marriage certificate, etc.).
District (city) bodies of internal affairs transfer materials on admission to citizenship to the Police Departments of regions and cities of Almaty, Nur-Sultan and Shymkent, which check them, pass conclusions on them and transfer them to the Ministry of Internal Affairs. The Ministry of Internal Affairs sends materials with its conclusion to the State Legal Department of the Administration of the President of the RK.
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 RK 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 incapacitated, a notarized application for citizenship is certified by their legal representatives (parents, adoptive parents, guardians). A copy of the child's birth certificate, a document confirming incapacity and a document confirming the powers of the legal representative of the incapacitated person shall be attached to the petition. For a child between the ages of 14 and 18, a separate consent is required, signed by him and certified by a notary.
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.
The Police Departments, upon receipt of the Decree of the President of the RK, through the internal affairs agencies in the residence of the applicants, within five calendar days, notifies them of the results of consideration of the applications.
Foreigners and stateless persons admitted to the citizenship of the RK are issued a certificate that is the basis for issuing them in accordance with the established procedure identity cards and passports of a citizen of the RK.
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 the applicant was a citizen of the Byelorussian SSR, Kazakh SSR, Kirghiz SSR or RSFSR and simultaneously in the citizenship of the former USSR, he was born or resided in the territory of the Party of acquired citizenship until December 21, 1991;
- if the applicant has one of the close relatives permanently residing in the territory of the Party of acquired citizenship and who are its citizens: spouse, one of the parents (adoptive parents), child (including the adopted child), sister, brother, grandfather or grandmother, grandson or granddaughter.
- a foreigner who permanently resides on the territory of the RK legally and who is married to a citizen of Kazakhstan.
The simplified procedure applies to citizens of the said States permanently residing in the territory of another state, irrespective of the period of residence of the acquired citizenship in the territory of the state.
For this purpose, citizens of these states apply to the head of the regional Police Department and simultaneously to the official of the state of arrival making decisions on citizenship issues with a notarized written rejection of foreign citizenship and submit them to the migration police units of city (district) 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, an additional document is submitted confirming the existence of one of the conditions necessary for acquiring citizenship in a simplified manner. Copies of a birth certificate, passport, other document confirming birth on the territory of the Republic of Kazakhstan, a copy of the passport page with a mark of registration at the place of residence before December 21, 1991 in the territory of the countries participating in the Agreement or a certificate from the competent authority about this, a copy of the marriage certificate, birth certificate or other document confirming family ties with a citizen of the Republic of Kazakhstan.
In accordance with the Law, kandas who are permanently residing in the territory of the RK on legal grounds, irrespective of the period of residence, are subject to a simplified (registration) procedure, rehabilitated victims of mass political repressions, as well as their descendants who were deprived of or lost their citizenship without their free will, permanently residing on the territory of the RK on legal grounds, regardless of the length of residence, ethnic Kazakhs studying in higher educational institutions.
To acquire the citizenship of the RK in a simplified (registration) order, they apply with a application addressed to the head of the Police Department of the regions. The following documents shall be attached to the application (application) for admission to the citizenship of the RK:
- 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 - a court decision on rehabilitation or documents confirming that they are a descendant of victims of political repression.
Kandass that do not have permanent registration apply to the head of the PD for obtaining a permanent residence permit and the adoption of citizenship of the Republic of Kazakhstan in a simplified (registration) procedure, and at the same time to the official of the state of arrival, who makes decisions on citizenship, with a notarized written renunciation of foreign citizenship. The following documents are attached to the petition (statement):
- application form for the issuance of a permanent residence permit and registration of admission to the citizenship of the Republic of Kazakhstan, in the form in accordance with Appendix 7-1 to these Rules;
- a notarized statement of renunciation of the previous citizenship;
- the obligation to comply with the conditions provided for in Article 1 of the Law;
- copy and original (for verification) of the national passport, or document of a stateless person;
- copy and original (for verification) of a birth certificate or other document proving the identity of a child under the age of sixteen, with a joint application;
- personal autobiography in Kazakh or Russian;
- written consent of the state of his citizenship, which can serve as a departure sheet, or another document confirming permission to leave for permanent residence abroad (with the exception of 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 a criminal record (no criminal record) in the state of citizenship and or permanent residence, issued by the competent authority of the relevant state (with the exception of ethnic Kazakhs, citizens of the People's Republic of China, unless otherwise provided by international treaties);
- a notarized agreement or a notarized consent with an individual or legal entity to provide the applicant with a dwelling place for living and permanent registration;
- a certificate of medical examination of a foreigner about the absence of diseases, the presence of which 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 dated September 30, 2011 No. 664 "On approval of the list of diseases, the presence of which prohibits entry to foreigners and persons stateless to the Republic of Kazakhstan "(registered in the Register of State Registration of Regulatory Legal Acts No. 7274);
- minors between the ages of 14 and 18 attach their notarized written consent to their parents' application;
- four photographs measuring 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, Formulation and Consideration of Petitions (Applications) for the Issues of Admission to Citizenship of the RK and the restoration of the citizenship of the RK, including the simplified (registration) procedure, withdrawal from citizenship, loss of citizenship and the definition of belonging to the citizenship of the RK, as well as the Convention on the Nationality of Married Women, a foreign woman permanently residing in the territory of the RK on legal grounds and married to a citizen of Kazakhstan, shall submit an application for admission to the citizenship of the RK in a simplified manner addressed to the head of Police Department of regions and at the same time to an official of her state, making decision on citizenship issues, with a notarized written renunciation of foreign citizenship, and presents them with the migration police department of internal affairs bodies in the 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 RK at the time of his birth is a citizen of the RK, regardless of where he was born.
Citizenship of the child with different citizenship of the parents
With different citizenship of the parents, one of which at the time of the birth of the child was in the citizenship of the RK, the child is a citizen of the RK, if he was born:
With different citizenship of the parents, one of which at the time of the birth of the child was in the citizenship of the RK, the child is a citizen of the RK, if he 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 parents, one of which at the time of the birth of the child was in the citizenship of the RK, if at that time both parents had a permanent place of residence outside the RK, the citizenship of a child born outside the RK is determined by agreement of the parents expressed in written form.
A child, one of whose parents was a citizen of the RK at the time of the birth of the child, and the other was a stateless person, or whose citizenship is unknown, is a citizen of the RK regardless of the place of birth.
In the case of establishing paternity of a child whose mother is a stateless person and the father of a citizen of the RK is recognized as a father, a child who has not reached the age of 14 becomes a citizen of the RK, regardless of the place of birth. In the case of the permanent residence of this child outside the RK, his citizenship is determined on the basis of a written application of the parents.
In the event that the parents could not reach an agreement on the nationality of the child, the citizenship is determined by the courts.
Citizenship of a child whose parents are unknown
A child in the territory of the RK, whose parents are not known, is a citizen of the RK.
Acquisition of citizenship of the RK by a child of stateless persons
A child, born on the territory of the RK from stateless persons who have a permanent place of residence in the territory of the RK is a citizen of the RK.
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:
- has committed a crime against humanity provided for by international law, knowingly opposes the sovereignty and independence of the RK;
- calls for violation of the unity and integrity of the territory of the RK;
- carries out illegal activities that damage the national security, public health;
- foments interethnic, interfaith and religious hostility, counteracts the functioning of the state language of the RK;
- belongs to terrorist and extremist organizations or convicted for terrorist activities;
- is in the international wanted list, serving a sentence on the court verdict that entered into force, or its actions are recognized by the court as a specially dangerous repeated relapse into crime;
- is a citizen of RF, Republic of Kyrgyzstan, Belarus this provision does not apply to citizens of the former union republics, who arrived with the purpose of permanent residence in the RK, having one of their close relatives - citizens of the RK, if they applied to the internal affairs bodies with a written request to renounce foreign citizenship.
- has reported false information when applying for citizenship of the RK or without a valid reason, did not submit the necessary documents within the time limits established by the legislation of the RK;
- has an unexpunged or outstanding conviction for the commission of an intentional crime in the territory of the RK or outside its borders, which is recognized as such by the legislation of the RK;
- committed an offense in the economic field for five years prior to applying for admission to the citizenship of the RK or restoration of citizenship of the RK;
- repeatedly for five years before applying for admission to the citizenship of the RK or restoration of citizenship of the RK violated the legislation of the RK in the field of population migration;
- lost the citizenship of the RK on the basis of subparagraphs 1), 2) and 5) of Article 21 of the Law On citizenship of the RK for five years prior to the application for admission to the citizenship of the RK or restoration of citizenship of the RK;
- lost the citizenship of the RK on the basis of subparagraph 8) part 1 of Article 21 of the Law On citizenship of the RK;
- is deprived of the citizenship of the RK on the basis of Article 20-1 of the Law On citizenship of the RK.
Documents required for admission to the citizenship of the RK and restoration of citizenship of the RK in overseas institutions of the RK
Minors, incapacitated persons and persons who have special merits to the RK or comply with the list of professions and requirements for persons with respect to whom a simplified procedure for admission to the citizenship of the RK is established, approved by Decree of the President of the RK dated June 6, 2005 No. 1587 and their members families permanently residing outside the RK submit an application for admission to the citizenship of the RK or restoration of citizenship of the RK through a granary institution with the following documents drawn up by the competent authorities of the host country:
- application form in form;
- autobiography (compiled by hand);
- a photograph measuring 3.5 x 4.5 centimeters;
- copy of the identity document of the applicant;
- a document confirming permanent residence outside the RK;
- Apostilled or legalized criminal record;
- a certificate of absence or termination of citizenship of another state issued by the competent authority of the relevant state;
- copies of birth certificates of children and marriage (if any);
- declaration of compliance with the terms in form;
- Consular fee payment document.
In addition to the documents, documents confirming the applicant's former citizenship of the RK are attached to the application for restoration of citizenship of the RK.
Persons who have special services to the RK or are on the list, and their family members, enclose the application with the application of the relevant state body of the RK.