Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 19, 1995 No. 2337

About legal status of foreigners

(as amended on 16-04-2018)

Section I. General provisions

Article 1. The legislation on legal status of foreigners in the Republic of Kazakhstan

The legislation of the Republic of Kazakhstan on legal status of foreigners is based on the Constitution of the Republic of Kazakhstan and determines according to it basic rights and obligations of foreigners, procedure for their entry into the Republic of Kazakhstan, stay and movement by its territory and departure from the Republic of Kazakhstan.

The legislation on legal status of foreigners in the Republic of Kazakhstan consists of this Law and other acts of the legislation of the Republic of Kazakhstan.

The legal status of foreigners in the Republic of Kazakhstan can be determined by also international treaties of the Republic of Kazakhstan.

If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 2. Foreigners and stateless persons in the Republic of Kazakhstan

Foreigners the persons who are not citizens of the Republic of Kazakhstan and having the evidence of the belonging to nationality of other state are recognized the Republic of Kazakhstan.

The persons who are not citizens of the Republic of Kazakhstan and not having the evidence of the belonging to nationality of other state are recognized stateless persons.

Article 3. The principles of legal status of foreigners in the Republic of Kazakhstan

Foreigners in the Republic of Kazakhstan have all rights and freedoms, and also perform all duties established by the Constitution, the laws and international treaties of the Republic of Kazakhstan, except as specified, provided by the laws and international treaties of the Republic of Kazakhstan.

Foreigners in the Republic of Kazakhstan are equal before the law, irrespective of their origin, social and property status, racial and national identity, floor, education, language, the relation to religion, sort and nature of occupations.

Use by foreigners of the rights and freedoms shall not cause damage to interests of the Republic of Kazakhstan, the rights and legitimate interests of her citizens and other persons and is inseparable from execution of the obligations established by the legislation of the Republic of Kazakhstan by them.

Article 4. The foreigners who are constantly living and temporarily staying in the Republic of Kazakhstan

The foreigners who got for that permission and the document to the right of permanent residence according to the procedure, determined by the Government of the Republic of Kazakhstan are recognized constantly living in the Republic of Kazakhstan.

The compulsory provision of provision of permission to permanent residence in the Republic of Kazakhstan is confirmation by person applying for receipt of such permission, except for the ethnic Kazakhs, persons who were born or earlier consisting in nationality of the Republic of Kazakhstan or the Kazakh Soviet Socialist Republic, and members of their families, the solvency according to the procedure and the sizes determined by the Government of the Republic of Kazakhstan.

The foreigners who are in the Republic of Kazakhstan on other legal cause, and also recognized as the victims, witnesses, suspects or persons accused on criminal cases are considered temporarily staying in the Republic of Kazakhstan before entry into force of the court verdict or adoption of other proceeding decision by authorized bodies.

The foreigners who are temporarily staying in the Republic of Kazakhstan over five calendar days from the date of crossing of Frontier of the Republic of Kazakhstan shall have permission to temporary residence (registration) if other procedure is not established by the agreement of the Republic of Kazakhstan with the relevant party or the Government of the Republic of Kazakhstan, and to leave the Republic of Kazakhstan after registration term.

Article 5. Provision of shelter

The Republic of Kazakhstan grants asylum right to foreigners who became the victims of human rights violations.

The issue of provision of political asylum is resolved by the President of the Republic of Kazakhstan.

Section II. Basic rights, freedoms and obligations of foreigners in the Republic of Kazakhstan

Article 6. Labor activity and rest

Foreigners can perform labor activity in the Republic of Kazakhstan on the basis and according to the procedure, established by the legislation and international treaties of the Republic of Kazakhstan. For the purpose of ensuring realization of constitutional right of citizens of the Republic of Kazakhstan on freedom of work by legal acts restrictions on implementation of labor activity of foreigners in the Republic of Kazakhstan can be set.

Foreigners cannot be appointed to separate positions or be engaged in certain type of labor activity if according to the legislation of the Republic of Kazakhstan appointment to these positions or occupation as such type of activity are connected with belonging to nationality of the Republic of Kazakhstan.

The foreigners who are constantly living in the Republic of Kazakhstan in employment relationships have the same rights and perform the same duties, as citizens of the Republic of Kazakhstan.

The foreigners who are temporarily staying in the Republic of Kazakhstan can be subjects of private entrepreneurship. At the same time implementation of business activity without formation of legal entity is not allowed.

The foreigners who are in the Republic of Kazakhstan have right to rest in accordance with general practice with citizens of the Republic of Kazakhstan.

Article 7. Health protection

To the foreigners and stateless persons which are in the territory of the Republic of Kazakhstan, medical care is provided in the presence of the policy of voluntary medical insurance if other is not provided by the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

Article 8. Social and provision of pensions

The foreigners who are constantly living in the Republic of Kazakhstan in questions social and provision of pensions have the same rights and perform the same duties, as citizens of the Republic of Kazakhstan.

When purpose of pensions and retirement benefits and benefits requires certain length of service, to foreigners the years of service of their work abroad on the bases and according to the procedure, established by the legislation and international treaties of the Republic of Kazakhstan can be set off.

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