of July 23, 2013 No. 734
About approval of Rules of issue of omissions on entrance to border area to foreigners and stateless persons and changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan
The government of the Republic of Kazakhstan DECIDES:
1. Approve enclosed:
Prime Minister of the Republic of Kazakhstan
Approved by the Order of the Government of the Republic of Kazakhstan of July 23, 2013 No. 734
1. These rules of issue of omissions on entrance to border area to foreigners and stateless persons (further - Rules) are developed according to article 40 of the Law of the Republic of Kazakhstan of January 16, 2013 "About Frontier of the Republic of Kazakhstan" and determine procedure for issue of omissions on entrance to border area to foreigners and stateless persons.
2. Entrance of foreigners and stateless persons to border area is allowed according to the omissions issued by law-enforcement bodies according to appendix form 1 to these rules.
3. Production of forms of omissions is performed by departments of internal affairs of areas, cities of Astana, Almaty (further - DVD).
4. Omissions on the right of entrance to border area are issued to foreigners and stateless persons by managements of migratory police of DVD in the place of temporary or permanent stay in the Republic of Kazakhstan.
5. Omissions are issued to foreigners and stateless persons:
1) driving for permanent residence - based on the permission to the permanent residence issued by law-enforcement bodies or the visa of the corresponding category;
2) driving for the purpose of tourism - in the presence of the visa of the corresponding category or confirmation from performing tour operator or tourist's agency organization activity based on the petition;
3) driving for the purpose of study - in the presence of the petition of educational institution of the Republic of Kazakhstan or authorized body of the Republic of Kazakhstan concerning education;
4) driving for the purpose of work - based on the petition of the employer in the presence of the permission to attraction of foreign labor power got according to the current legislation, and for citizens of state members of the Eurasian Economic Union (further state members) and members of their families based on the employment or civil contract signed by the worker of state member with the employer or the customer of works (services);
5) driving on treatment - based on the supporting documents certified by the medical organizations or permits in the sanatorium organizations located in border area;
6) driving on private affairs - based on the invitation of the citizens of the Republic of Kazakhstan living in border area.
Without execution of the omission in border area foreigners and stateless persons on the occasion of death (disease) of close relatives (according to the current legislation) according to the documents proving their identity, and the corresponding telegrams (references) certified by the medical organizations drive, and when following to places of burial of relatives - according to the data confirming the place of burial.
6. The omission is issued for a period of up to 1 month and if necessary is prolonged for the same term.
In case of need stays in border area over two months, the new omission is drawn up.
In case of entrance for the purpose of study the omission is issued for a period of one academic year.
In case of entrance for the purpose of permanent residence the omission is issued for the term necessary for execution of the residence permit of the foreigner in the Republic of Kazakhstan and certificates of the inhabitant of border area.
In case of entrance for the purpose of implementation of labor activity the omission is issued on permission effective period, and for citizens of state members and members of their families on effective period of the employment or civil contract signed by the worker of state member with the employer or the customer of works (services).
7. The omission are issued as like as two peas. The information about the children to 16-year age driving in border area with parents or persons accompanying them is introduced in the omission of these persons.
8. Persons driving in border area on arrival in destination within five calendar days are registered on permanent or temporary the place to residence in the law-enforcement bodies, except as specified, provided by the international treaties ratified by the Republic of Kazakhstan.
9. Omissions on entrance to border area are issued to one certain settlement. In the presence of the petition for implementation of the works connected with need of entrance on the territory of several areas or areas, the omission are issued to several settlements of border area.
10. Instead of the omissions lost by foreigners or stateless persons issues of internal affairs by their relevant organ, new only after confirmation, can be issued.
11. For receipt of omissions on entrance to border area foreigners and stateless persons in 7 calendar days prior to entrance represent to managements of migratory police of DVD on the place to residence the following documents:
1) from physical persons - written applications in form, according to appendix 2 to these rules, and the documents confirming the entrance purposes specified in Item 5 of these rules;
2) from legal entities - the petition on behalf of administration of the company or the organization for form according to appendix 3 to these rules.
If groups of citizens go for work in border area, lists are attached to the petition and are represented in triplicate. The first copy of the list is certified by the signature of the head of department of migratory police or his deputy, sealed by visa, handed to the head of group, the second copy remains in law-enforcement body, the third copy goes for check of persons and remains in territorial subdivisions of bodies of homeland security.
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