LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 22, 2011 No. 477-IV ZRK

About population shift

This Law governs the public relations in the field of population shift, determines legal, economic and social basis of migratory processes.

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the Ata of Zhola card - the document of the established form issued to the business immigrants or persons having demanded professions, from among ethnic Kazakhs for a period of up to ten years, but no more effective period of the passport of the country of nationality according to the procedure, established by authorized body concerning population shift;

1-1) former compatriots - the person who was born or earlier consisting in nationality of the Kazakh Soviet Socialist Republic or the Republic of Kazakhstan and constantly living abroad;

2) adaptation and integration services - range of services (information, legal, social, medical and educational), their families provided to kandasa and members for the purpose of adaptation and integration into society;

3) the entry visa and departure (further - the visa) - mark of representatives on that state bodies of the Republic of Kazakhstan in the passport of the migrant or the document replacing it or mark of representatives on that state bodies of the Republic of Kazakhstan in information system which grants the right to entrance to the territory of the Republic of Kazakhstan, driving through its territory, stay on it and departure from the territory of the Republic of Kazakhstan for a while, for the purpose of and on the conditions established in the visa;

4) labor migration - temporary movement of physical persons from other states to the Republic of Kazakhstan and from the Republic of Kazakhstan, and also in the state for implementation of labor activity;

4-1) permission to the labor immigrant - the document of the established form issued to the labor immigrant for performance of works (rendering services) at employers - physical persons in household;

4-2) private employment agency - the physical person or legal entity rendering the labor mediation registered according to the procedure, established by the legislation of the Republic of Kazakhstan;

5) illegal immigration - entry into the Republic of Kazakhstan and stay of foreigners or stateless persons in the Republic of Kazakhstan with violation of the law of the Republic of Kazakhstan, the entrance regulating procedure and stay, and also transit on the territory of the Republic of Kazakhstan;

6) the illegal immigrant - the foreigner or the stateless person which drove to the Republic of Kazakhstan and staying in the Republic of Kazakhstan with violation of the law of the Republic of Kazakhstan, the entrance regulating procedure and stay, and also transit on the territory of the Republic of Kazakhstan;

6-1) internal translation - temporary transfer for the term determined by the employment contract, but no more than three years, with the prolongation right for one year of the foreigner or stateless persons performing labor activity to positions of the head, manager or specialist in the legal entity founded in the territory of the country - the member of the World Trade Organization, being and acting outside the territory of the Republic of Kazakhstan, in branches, the affiliated organizations, representations of this legal entity founded in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan;

7) immigration - entry of foreigners or stateless persons into the Republic of Kazakhstan for temporary or permanent residence;

8) the immigrant - the foreigner or the stateless person which arrived to the Republic of Kazakhstan for temporary or permanent residence;

9) migration - permanent or temporary, voluntary or forced displacement of physical persons from one state in another, and also in the state;

10) the migrant - the person who drove to the Republic of Kazakhstan and left the Republic of Kazakhstan, and also moving in the Republic of Kazakhstan regardless of the reasons and duration;

10-1) accepting person - the citizens of the Republic of Kazakhstan, the foreigner and the person without citizenship who are constantly living in the Republic of Kazakhstan, or the legal entity registered in the Republic of Kazakhstan petitioning for the invitation of immigrants to the Republic of Kazakhstan for temporary residence and (or) providing the place for their accommodation;

11) foreign institutions of the Republic of Kazakhstan - the diplomatic and equated to them representations being located abroad, and also consular establishments of the Republic of Kazakhstan;

12) the immigrant - the internal migrant who moved to the regions determined by the Government of the Republic of Kazakhstan;

12-1) regional quota of acceptance of immigrants - limiting number of immigrants or immigrants and members of their families arriving for permanent residence to the regions determined by the Government of the Republic of Kazakhstan which are provided with the measures of the state support provided to participants of active measures of assistance of employment according to the Social code of the Republic of Kazakhstan;

13) kandas - ethnic the Kazakhs (or) members of his family of the Kazakh nationality who were earlier not consisting in the nationality of the Republic of Kazakhstan, received the corresponding status according to the procedure established by authorized body concerning population shift;

13-1) center of adaptation and integration of kandas - the legal entity established by local executive body of areas, cities of republican value, the capital according to the legislation of the Republic of Kazakhstan and intended for rendering to kandasa, members of their families of adaptation and integration services and temporary residence;

13-2) regional quota of acceptance of kandas - limiting number of kandas or kandas and members of their families arriving for permanent residence to the regions determined by the Government of the Republic of Kazakhstan which are provided with the measures of the state support provided to participants of active measures of assistance of employment according to the Social code of the Republic of Kazakhstan;

13-3) information database about kandasa, ethnic Kazakhs - data set about ethnic Kazakhs, kandasa and members of their families, their movements on the territory of the Republic of Kazakhstan, and also the measures given them the state support;

13-4) certificate of qualification compliance for independent employment - the document of the established form issued according to the procedure, determined by authorized body concerning population shift, to the foreign worker conforming to requirements of qualification and the education level for independent employment in the Republic of Kazakhstan by the professions demanded in priority industries of economy (types of economic activity);

13-5) readmission - transfer (return) according to the international treaty ratified by the Republic of Kazakhstan, competent authorities of one state and acceptance by competent authorities of other state of the persons which drove or being in the territory of one state in violation of the law concerning entrance, departure, stay or accommodation of foreigners and stateless persons;

14) No. 421-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.11.2015

15) No. 421-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.11.2015

16) No. 153-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 10.12.2013

17) permission to permanent residence - the document issued by law-enforcement bodies to foreigners and stateless persons in case of observance of the requirements established by the legislation of the Republic of Kazakhstan, and granting them the right to permanent residence in the territory of the Republic of Kazakhstan;

17-1) place of temporary stay (accommodation) - the building having the address, the room or the dwelling which are not the residence and in which person stays (live) temporarily;

18) the center of temporary placement - the dwelling intended for temporary residence of ethnic Kazakhs and immigrants, and also members of their families;

19) permission to temporary residence - the document issued by law-enforcement bodies to immigrants in case of observance of the requirements established by the legislation of the Republic of Kazakhstan, and granting them residence right for certain term in the territory of the Republic of Kazakhstan depending on the stay purpose;

19-1) No. 141-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 14.07.2022

20) authorized body concerning population shift - the central executive body performing within the competence management in the field of population shift, regulation of migratory processes, coordination of work and realization of state policy in the field of population shift;

20-1)  No. 147-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 16.04.2018;

21) the inviting person - the person living in the Republic of Kazakhstan and promoting entry of members of the family into the Republic of Kazakhstan for the purpose of reunion of family according to this Law;

22) quota for attraction of foreign labor power - the maximum permissible quantity of foreign labor power permitted to attraction by the employer for implementation of labor activity in the territory of the Republic of Kazakhstan;

23) permission to attraction of foreign labor power - the document of the established form issued by local executive body to the employer for attraction to the Republic of Kazakhstan of foreign labor power;

24) No. 421-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.11.2015;

25) internal migration - resettlement of physical persons in the Republic of Kazakhstan for the purpose of permanent or temporary residence;

26) the internal migrant - person moving in the Republic of Kazakhstan independently for the purpose of permanent or temporary residence;

27) No. 421-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.11.2015;

28) the ethnic Kazakh - the foreigner or the stateless person of the Kazakh nationality.

Article 2. The legislation of the Republic of Kazakhstan in the field of population shift

1. The legislation of the Republic of Kazakhstan in the field of population shift is based on the Constitution of the Republic of Kazakhstan and consists of this Law, other regulatory legal acts.

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

Article 3. Main types of immigration

Depending on the entrance purpose on the territory of the Republic of Kazakhstan and stay in the territory of the Republic of Kazakhstan differentiate the following main types of immigration:

1) for the purpose of return to the historical homeland;

2) for the purpose of reunion of family;

3) for the purpose of education;

4) for the purpose of implementation of labor activity;

5) for humanitarian and political motives.

Article 4. The basic principles and tasks of state policy in the field of population shift

1. State policy in the field of population shift is based on the following basic principles:

1) recognition and guaranteeing the rights and freedoms of migrants according to the Constitution of the Republic of Kazakhstan, the laws and international treaties;

2) protection of national interests and ensuring national security;

3) combination of interests of the personality, society and state;

4) transparency of regulation of migratory processes on the basis of updating and recurrence of the used information;

5) the differentiated approach of the state to regulation of different types of immigration.

2. The main objectives of state policy in the field of population shift are:

1) protection of the rights and freedoms of migrants;

2) the organization of rational resettlement of kandas taking into account interests of demographic and social and economic development of regions;

3) attraction of highly skilled foreign labor power for implementation of labor activity in the Republic of Kazakhstan;

4) protection of the domestic market of work by quoting of attraction of foreign labor power;

5) ensuring integration of Kazakhstan into the international market of work;

6) development of cooperation of the Republic of Kazakhstan with other states for the purpose of the prevention and conflict prevention which can lead to mass migration of the population;

7) optimization of flows of internal migration, ensuring rational resettlement of migrants on the territory of the country;

8) support and development of relations with the former compatriots and ethnic Kazakhs living abroad including in the field of cultural cooperation and information support;

9) assistance to resettlement on the historical homeland of ethnic Kazakhs;

10) international cooperation in the sphere of regulation of migratory processes, the prevention and suppression of illegal immigration.

Article 5. Rights and obligations of immigrants

1. Immigrants in the Republic of Kazakhstan have the right:

1) to have the rights and freedoms established for citizens of the Republic of Kazakhstan if other is not provided by the Constitution, the laws and international treaties;

2) on education, the medical and public assistance according to the procedure, established by the legislation of the Republic of Kazakhstan;

3) on free movement on the territory of the Republic of Kazakhstan open for visit by immigrants;

4) the free choice of the residence according to the procedure, established by the legislation of the Republic of Kazakhstan;

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