Renunciation of citizenship – is a statutory right of a citizen in the prescribed manner to end the relationship with the State of nationality. Renunciation of citizenship of the RK is realized on the basis of voluntary expression. Questions connected with the renunciation of citizenship of RK are regulated by RK Law «On Citizenship of the RK».
When applying for exit from the citizenship of the Republic of Kazakhstan in the units of the migration service, the applicant is explained the legal consequences of losing his citizenship of the Republic of Kazakhstan (about which an appropriate entry is made in the certificate issued by the police officer), as well as the applicants undertakes to submit Kazakhstan documents to the Office of the Migration Service.
Internal affairs agencies require information about the applying person in bodies of legal statistics and information under the General Prosecutor's Office and its territorial divisions about the criminal prosecution as an accused person or about the serving of the sentence upon conviction.
The internal affairs body indicates following information in conclusions for renunciation of citizenship:
- if the applicant has any outstanding obligations to the state or property liabilities, which are connected with substantial interests of citizens, government and other organizations;
- about indictment of applicant as a defendant;
- if a renunciation of citizenship of the RK is not contrary to the interests of national security.
Thus, if a citizen is prosecuted as an accused or is serving a sentence, has outstanding obligations to the RK, or if his renunciation of citizenship is contrary to the interests of national security of the republic, then in accordance with the article 20 of the Law "On RK citizenship" the applicant will be denied in a renunciation of citizenship.
After collecting and checking of all documents submitted to the management of migration police, all the materials are sent to the Office of President of the RK for making a reasoned decision.
You can familiarize with step by step procedure of renunciation of citizenship and learn about the terms of service rendering passing through this link.
While renunciation of citizenship a person has the right to withdraw his pension savings. For this he should address to the branch of pension fund with which he made an agreement on pension assignment and provide necessary documents. More details about withdrawing and transfer of pension savings you may learn passing through this link.
Citizens can also apply for renunciation of citizenship living outside the RK. Residing outside the Kazakhstan does not entail the loss of Kazakhstan citizenship, however non-compliance with the established conditions of stay abroad may entail automatic loss of Kazakhstan citizenship.
Citizens of Kazakhstan who reside abroad permanently (i.e. canceled the registration in the body of internal affairs of Kazakhstan, received a permission to go abroad for permanent residence and registered in Kazakhstan consular offices in the country of residence), the application for renunciation of citizenship must be submitted in the name of President of the RK through Kazakhstan consular offices.
The application is accompanied by:
- application form according to the form, according to Annex 4 to the Rules;
- autobiography (composed with own hand);
- a photograph measuring 3.5 x 4.5 centimetres;
- a copy of the applicant's identity document;
- permission to leave for permanent residence, issued by the bodies of internal affairs of the RK;
- certificate on the presence or absence of a criminal record in accordance with the order of the Prosecutor General of the RK dated July 27, 2015 № 95 "On approval of standards of public services" (registered in the Register of state registration of regulatory legal acts № 12055);
- copies of birth certificates of children and marriage (if any);
- a document confirming the possibility of obtaining foreign citizenship;
- a document on payment of consular fee;
- a notarized application-consent to the withdrawal from the citizenship of the RK and the absence of material or other claims from the applicant's spouse or dependent persons residing in the RK or copies of certificates of their death, the court's decision to recognize the citizen as dead or missing.
When accepting documents, applicants are explained the legal consequences of the termination of their citizenship of the RK, as well as the provision of Article 3 of the Act, according to which a citizen of the RK is not recognized as a citizen of a foreign state, as noted in the application form.
Applications for citizenship of persons under 18 years of age, as well as recognized as incapable, are considered at the request of their legal representatives, certified by a notary, and in other states - certified by a foreign establishment, together with a copy of the birth certificate of the child (adoptive parents, guardians and custodians provide a copy of the decision of the local executive body of the RK) or with an identity document of the incapable person.
When submitting an application for changing the citizenship of a child aged 14 to 18, his or her consent is mandatory, which must be expressed in writing and notarized, and in other countries - certified by a foreign establishment.
Documents shall be drawn up in the state or Russian languages or in another language with a notarized translation into the state or Russian language attached.
A separate conclusion is drawn up for each family member of the applicant.
In what cases one can lose a citizenship?
In accordance with Article 20-1 of the Law of the RK On Citizenship of the RK, the deprivation of the citizenship of the RK is allowed only by a court decision for the commission of terrorist crimes, as well as crimes provided for in the relevant articles of the Special Part of the Criminal Code of the RK, as a result of which other grave harm was caused to the vital interests of the RK.
In accordance with the Article 21 of the RK Law "On Citizenship of the RK" one can lose a citizenship in following cases:
- as a result of entering military service, security service, police, justice authorities or other bodies of state authority and administration of another state, with the exception of cases stipulated by the interstate treaties of the RK;
- if the citizenship of the RK is acquired as a result of the submission of deliberately false information or false documents;
- on the grounds stipulated by interstate treaties of the RK;
- if a citizen has acquired the citizenship of another state;
- if the marriage with a citizen of the RK, which served as the basis for a person to acquire the citizenship of the RK, is declared invalid by a court;
- by voluntary will of a child who is a citizen of the RK, transferred for adoption to foreigners, when he reaches the age of majority;
- due to the participation of a person in foreign armed conflicts, extremist and (or) terrorist activities on the territory of a foreign state.
On the basis of the documents confirming the existence of the conditions provided for in Article 21 of the Law, foreign establishments draw up a conclusion on the registration of the loss of citizenship of the RK for persons permanently residing outside the RK.
Foreign establishments shall send the conclusion on the registration of the loss of citizenship of the RK together with confiscated identity documents of a citizen of the RK to the Committee of the Migration Service of the Ministry of Internal Affairs of the RK (hereinafter - the Committee of the Migration Service).
The foreign establishment shall issue a certificate of loss of citizenship of the RK to the applicant within 5 working days from the date of its registration.
Persons who have not issued a permanent residence permit outside the RK and who have acquired the citizenship of another country, shall submit the following documents to a foreign establishment to register the loss of citizenship of the RK:
- application for registration of loss of citizenship of the RK in any form;
- passport and identity card of the RK (originals);
- a copy of the passport of a foreign citizen or a document confirming the presence of foreign citizenship.
Immediately after acquiring a citizenship of a foreign country, it is necessary to surrender the national passport of the RK within 30 calendar days from the date of acquisition of the citizenship of a foreign country to the consular section of the Embassy of Kazakhstan in the relevant country.
Renunciation of citizenship of children (under 18 years)
In accordance with the Article 24 of the Law "On Citizenship of the RK" if one of the parents surrender a citizenship of the RK but another one remains to be a citizen of the RK, a child under the age of 14 years keeps a citizenship of the RK. Only upon the written request of both parents of the child renunciation of RK citizenship can be permitted.
If both parents are citizens of the RK and one of them surrenders the Kazakhstan citizenship and at the same time applying for renunciation of citizenship of the minor child, the other parent is also required to submit a notarized application, which must express his agreement on the renunciation of child’s citizenship.
Changing of citizenship of a child aged from 14 to 18 years in case of change of his parents’ citizenship, as well as in case of adoption may be realized only with the consent of the child.
Citizenship of children is not changed with the change of citizenship of parents deprived of parental rights, and the change of citizenship of children in this case does not require parents' consent. These provisions apply to all situations that are arisen when it’s necessary to resolve the question of child’s citizenship in cases of change of parents’ citizenship, guardianship, adoption.
Is RK diploma upon renunciation of citizenship valid abroad?
When you surrender the citizenship of the RK and move to another country you should also think about the validity of diploma issued by Kazakhstan university outside the republic.
There is an agreement from November 24, 1998 between the Governments of the Republic of Belarus, RK, Republic of Kyrgyztan, Russian Federation and the Republic of Tajikistan on the mutual recognition of education equivalence, scientific degrees and titles. Article 8 of this agreement states: "Bachelor's degree issued in the RK, the Kyrgyz Republic and Tajikistan, and the diploma of higher professional education issued in Russian Federation and testifying conferring bachelor's degree is recognized by the Parties in continuing of higher education and applying for a job in the territories of the Parties, if the educational institution that issued them meet the criteria established by authority on mutual recognition of documents on education".Thus the diplomas are recognized only if the institution that issued them meet certain criteria. In order to find out whether they meet these criteria or not one must pass a nostrification of diploma- procedure for recognition and equivalence of foreign educational documents.
Nostrification of diploma is carried out in the bodies of education and science. In this article we will give an example of nostrification RK diploma in Russian Federation. Note that in each country there are different requirements for nostrification, that is why we suggest to contact the Ministry of education of the country to which you move and get necessary information. In Russia nostrification procedure is carried out in a public institution "Glavekspertcentr".
Necessary documents for nostrification RK diploma in Russia:
- original of the document on education;
- notarized translation of the document on education and its appendix in Russian language. If the document is completely duplicated in Russian (including the stamp) - translation is not required, instead of it you should provide notarized copy;
- notarized copy of the document certifying the identity of the owner of the document on education, with translation into Russian language (if necessary);
- document of change of name and/or surname. If there is a surname at marriage in diploma, you must submit a notarized copy of marriage certificate, or the original and its copy. If the certificate is not in Russian language- necessary to provide notarized translation into Russian.
For quick process you are recommended to provide also:
- copy of the document on the previous education (high school diploma or a college diploma, bachelor's degree upon recognition of a master's degree, etc.) - while recognition of higher education documents (notarized copy of these documents or a copy of the original for verification and translation into Russian are necessary);
- archival reference from the educational institution, confirming the fact of studying and delivery of the document (certified copy with translation into Russian);
- copy of the institution license or certificate of accreditation of the institution that issued the document on education (with certified copy with Russian translation).
The process of consideration lasts up to 4 months.
Please note - copies of documents and other materials (except the original documents on education) will not be returned to the applicants after the recognition, if you will need it in the future - in advance (before delivery ) make a backup copies! All documents are stored in the archive of Rosobrnadzor for the period established by legislation.
