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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of December 15, 2001 No. 793

About approval of the Regulations on procedure for provision of the status of the immigrant in the Kyrgyz Republic

For the purpose of implementation of the Law of the Kyrgyz Republic "About external migration" the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on procedure for provision of the status of the immigrant in the Kyrgyz Republic.

2. To the Ministry of Foreign Affairs of the Kyrgyz Republic, the Ministry of Internal Affairs of the Kyrgyz Republic in two-month time to bring the departmental regulatory legal acts into accord with this resolution.

3. To impose control of execution of this resolution on department of international cooperation and department of cases of defense and law enforcement agencies of the Office of the Prime Minister of the Kyrgyz Republic.

4. Publish this resolution in mass media.

 

First vice-Prime Minister N. Tanayev

Approved by the order of the Government of the Kyrgyz Republic of December 15, 2001 No. 793

Regulations on procedure for provision of the status of the immigrant in the Kyrgyz Republic

I. General provisions

1. This Provision is accepted for the purpose of implementation of the Law of the Kyrgyz Republic "About external migration" and regulates procedure for provision of the status of the immigrant in the Kyrgyz Republic.

2. Action of this provision extends to the foreign citizens and persons without citizenship who are in the Kyrgyz Republic and beyond its limits and persons interested to receive the status of the immigrant in the Kyrgyz Republic. This Provision does not extend to persons who received the status of the refugee and persons petitioning for provision of the status of the refugee in the Kyrgyz Republic.

3. The decision on provision of the status of the immigrant in the Kyrgyz Republic is made to state bodies in the field of migration (further - body for migration) within the immigration quota establishing extreme size on immigration to the Kyrgyz Republic in one calendar year. The annual immigration quota is determined by the offer of body for migration by the Government of the Kyrgyz Republic and affirms General Court of Jogorku Kenesh of the Kyrgyz Republic.

4. In this Provision the following basic concepts are used:

the immigrant - the person who is the foreign citizen or the stateless person, driving to the Kyrgyz Republic on legal causes for the purpose of permanent residence;

immigration - entry of foreign citizens or stateless persons into the Kyrgyz Republic on permanent residence;

the applicant - the foreign citizen or the person without citizenship petitioning for receipt of the status of the immigrant in the Kyrgyz Republic;

the petition for provision of the status of the immigrant (daleekhodataystvo) - the document reflecting declaration of will of person petitioning for provision of the status of the immigrant in the Kyrgyz Republic, shown further in body for migration.

II. Procedure for the request for receipt of the status of the immigrant in the Kyrgyz Republic

6. The foreign citizens or stateless persons which are temporarily in the Kyrgyz Republic legally persons interested to receive in the Kyrgyz Republic the status of the immigrant and the having legal causes for its obtaining, file the petition and necessary documents for receipt of the status of the immigrant to law-enforcement bodies of the Kyrgyz Republic in the place of temporary residence.

7. The foreign citizens or stateless persons which are outside the Kyrgyz Republic and persons interested to arrive to the Kyrgyz Republic for the purpose of permanent residence, submit the petition personally or by proxy on that the representative to diplomatic representation or consular establishment of the Kyrgyz Republic abroad. In case of absence of diplomatic representation or consular establishment of the Kyrgyz Republic abroad, the petition moves in diplomatic representation or consular establishment of the state having power to perform functions of diplomatic representation or consular establishment on behalf of the Kyrgyz Republic.

The employee of embassy (consulate) of the Kyrgyz Republic checks correctness of filling and compliance of data in the questionnaire of the applicant to the data containing in the submitted documents. If necessary the employee of embassy (consulate) of the Kyrgyz Republic has the right to demand the additional information necessary for check of reliability of the data reported by the applicant. Further the petition through the Ministry of Foreign Affairs of the Kyrgyz Republic with the enclosed documents is sent for consideration in the Ministry of Internal Affairs for the subsequent direction in body for migration.

8. Have the right to submit the petition for consideration the capable persons which reached 18 years.

9. The following foreign citizens and stateless persons have the privilege of receipt of the status of the immigrant:

- Kyrgyz by origin, that is citizens or stateless persons of other state, one of parents of which is the Kyrgyz and the applicant the nationality the Kyrgyz is chosen;

- parents of the citizen of the Kyrgyz Republic, his spouse (a), children aged up to 18 years or full age incapacitated children;

- parents, the spouse (a) of the immigrant, his children aged up to 18 years or full age incapacitated children;

- persons which are under guardianship or custody of the citizen of the Kyrgyz Republic;

- persons who are guardians or custodians of the citizen of the Kyrgyz Republic;

- the famous scientists, cultures and other persons having intentions and opportunities to make the significant contribution to economic, social and spiritual development of the Kyrgyz Republic, and also the highly qualified specialists who are required to economy of the Kyrgyz Republic.

10. To the applicant, according to article 34 of the Law of the Kyrgyz Republic "About external migration", it can be refused provision of the status of the immigrant or the positive former decision on provision of the status of the immigrant is cancelled if the applicant:

- constitutes danger to health protection, protection of the rights and legitimate interests of citizens of the Kyrgyz Republic and other persons living in the Kyrgyz Republic;

- provided false data in case of submission of the petition for receipt of a visa and the residence permit or the work permit;

- does not observe the procedure for receipt of a visa and the residence permit established by the legislation of the Kyrgyz Republic;

- performs the activities posing safety hazard of the Kyrgyz Republic;

- is person against whom criminal case in the Kyrgyz Republic is brought, - before the end of proceeedings;

- it is condemned for crime execution in the Kyrgyz Republic - before departure or release from punishment;

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