THE JOINT ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN, THE MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN, THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON MIGRATION AND DEMOGRAPHY

of April 9, 2004 No. 215, on April 14, 2004 No. 08-1/93, 14 of April, 2004 No. 35-p

About approval of the Instruction for application of Rules of entrance and stay of foreigners in the Republic of Kazakhstan, and also their departure from the Republic of Kazakhstan and the organization of operational and service activity of law-enforcement bodies for the prevention and suppression of illegal migration of foreigners in the territory of the Republic of Kazakhstan

For the purpose of further enhancement of the control system behind entrance, stay and departure of foreigners from the Republic of Kazakhstan we ORDER:

1. Approve the enclosed Instruction about procedure for application of Rules of entrance and stay of foreigners in the Republic of Kazakhstan, and also their departure from the Republic of Kazakhstan and the organization of operational and service activity of law-enforcement bodies for the prevention and suppression of illegal migration of foreigners in the territory of the Republic of Kazakhstan.

2. To the director of the department of consular service of the Ministry of Foreign Affairs of the Republic of Kazakhstan, chiefs of Departments and independent Regional Offices of the Ministry of Internal Affairs of the Republic of Kazakhstan, departments of internal affairs of areas, cities of Almaty, Astana and on transport to accept this Instruction to management and to provide strict execution of its requirements.

3. Consider by N422 which voided the order of the Ministry of Internal Affairs of the Republic of Kazakhstan of July 28, 2000 and the order of the Ministry of Foreign Affairs of the Republic of Kazakhstan of August 8, 2000 N100 "About Approval of the Instruction about Procedure for Application of Rules of Entrance and Stay of Foreign Citizens in the Republic of Kazakhstan, and also Their Departure from the Republic of Kazakhstan" (it is registered in the Ministry of Justice of the Republic of Kazakhstan on December 18, 2000 N 1337).

4. To impose control of execution of this order on Committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan and Department of consular service of the Ministry of Foreign Affairs of the Republic of Kazakhstan.

5. This order becomes effective from the date of its state registration in the Ministry of Justice of the Republic of Kazakhstan.

Approved by the joint order of the Minister of Internal Affairs of the Republic of Kazakhstan of April 9, 2004 No. 215, of the Minister of Foreign Affairs of the Republic of Kazakhstan of April 14, 2004 No. 08-1/93, of the Chairman of the Agency of the Republic of Kazakhstan on migration and demography of April 14, 2004 No. 35-p "About approval of the Instruction for application of Rules of entrance and stay of foreigners in the Republic of Kazakhstan, and also their departure from the Republic of Kazakhstan and the organization of operational and service activity of law-enforcement bodies for the prevention and suppression of illegal migration of foreigners in the territory of the Republic of Kazakhstan"

The instruction for application of Rules of entrance and stay of foreigners in the Republic of Kazakhstan, and also their departure from the Republic of Kazakhstan and the organization of operational and service activity of law-enforcement bodies for the prevention and suppression of illegal migration of foreigners in the territory of the Republic of Kazakhstan

1. General provisions

1. This Instruction is developed according to the Constitution of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan "About population shift", "About homeland security", "About public health care of the Republic of Kazakhstan", "About legal status of foreigners in the Republic of Kazakhstan", "About law-enforcement bodies", the international treaties ratified by the Republic of Kazakhstan, Rules of entrance and stay of foreigners in the Republic of Kazakhstan, and also their departure from the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of 28.01.2000 N 136 "Single questions of legal regulation of stay of foreigners in the Republic of Kazakhstan" (further - Rules).

2. 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.

3. 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.

4. Action of the Instruction extends also to persons without citizenship if other is not established by legal acts of the Republic of Kazakhstan.

5. Foreigners drive and leave the Republic of Kazakhstan according to the valid passports or documents replacing them, in the presence of visas of the Republic of Kazakhstan through check points on frontier, open for the international and bilateral message, issued by representatives on that state bodies of the Republic of Kazakhstan.

The procedure for issue and prolongation of visas of the Republic of Kazakhstan is regulated by separate regulatory legal acts of the Republic of Kazakhstan.

6. Citizens of the states with whom agreements on visa-free procedure for entrance and stay are signed drive according to the valid passports or documents replacing them in case of observance of the conditions established by international treaties.

7. Entrance and stay of the foreigners petitioning for receipt of the status of the oralman, refugee in the Republic of Kazakhstan and also their departure from the Republic of Kazakhstan are regulated by separate regulatory legal acts of the Republic of Kazakhstan.

8. The foreigners who are staying in the Republic of Kazakhstan on private affairs, and also arrived with the business purposes for study and as tourists, cannot be employed in the territory of the Republic of Kazakhstan, be engaged in other activities which are not connected with the purpose of entrance specified in the visa except cases, stipulated by the legislation the Republic of Kazakhstan.

9. The foreigners who are temporarily staying in the Republic of Kazakhstan shall have in case of themselves the passports registered according to the procedure, established by this Instruction and to show them upon the demand of authorized state bodies.

At check points through frontier of the Republic of Kazakhstan in passports of foreigners the Border service of Committee of homeland security of the Republic of Kazakhstan makes marks about crossing of frontier.

10. The foreigner shall report about loss of the national passport immediately in law-enforcement bodies.

11. 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.

12. If the international treaty ratified by the Republic of Kazakhstan establishes other provisions, than those which are provided by this Instruction are applied rules of the international treaty.

2. Entry into the Republic of Kazakhstan and departure from the Republic of Kazakhstan of foreigners

13. For the invitation of foreigners to the Republic of Kazakhstan, with the business purposes and as tourists, the non-state organizations represent to law-enforcement bodies, at the place of residence of citizens and dislocation of the organization, the following documents:

1) the letter invitation of the established form (appendix 1) in triplicate;

2) receipt on payment of the state fee.

For the invitation of citizens of the certain countries with the business purposes and as tourists the non-state organizations address directly to Department of consular service of the Ministry of Foreign Affairs of the Republic of Kazakhstan and its representation in the territory of the Republic of Kazakhstan except for of consular Items at the airports.

14. For the invitation of foreigners on private affairs, physical persons and the inviting organizations represent to law-enforcement bodies in the place of their dislocation the following documents:

1) petition of any form;

2) the statement questionnaire of the established form (appendix 2) in duplicate;

3) receipt on payment of the state fee.

15. The invited persons and the inviting persons and the organizations are checked on the available accounting regarding observance and providing requirements of Rules.

16. Petitions of citizens of the Republic of Kazakhstan, foreigners about the invitation of relatives and acquaintances are considered within seven calendar days from the moment of giving in law-enforcement bodies of all documents, necessary for consideration, from abroad.

In the same terms appeals of the accepting organizations are considered.

Petitions for the invitation to the Republic of Kazakhstan of foreigners from the physical persons and legal entities which were earlier repeatedly not providing observance by the invited foreigners of the legislation on legal status of foreigners are not considered.

17. Materials are in accordance with the established procedure approved with bodies of homeland security.

The term of consideration them in bodies of homeland security shall not exceed five days, except for days off and holidays. If the negative reply of body of homeland security or its petition for prolongation of term of consideration did not arrive at the scheduled time, the law-enforcement body makes the independent decision without the reply of body of homeland security about what the corresponding entry with indication of reference number and date of the direction of materials on approval is made.

18. By positive consideration of petitions are issued to applicants:

1) in case of the invitation on private affairs - invitations of the established sample (appendix 3). At the same time the term to which the foreigner is invited to the Republic of Kazakhstan shall not exceed 90 days. The invitation is considered valid within year from the moment of issue;

2) in case of the invitation with other purposes - permissions of law-enforcement bodies which are drawn up by putting down of the mark "entrance is resolved", the confirmed visa seal and the signature of the chief or deputy head of department of migratory police of department of internal affairs of area, the cities of Almaty and Astana (further - DVD) on two copies of the letter invitation. One copy of the letter invitation goes the inviting persons to the Ministry of Foreign Affairs of the Republic of Kazakhstan (further - the MFA of the Republic of Kazakhstan), for rendering visa support.

19. The original of the invitation or one copy of the letter invitation with mark of number of visa support goes to the invited persons for presentation to diplomatic representations or consular establishments of the Republic of Kazakhstan abroad for execution of visas.

20. Petitions of the foreigners who arrived to the Republic of Kazakhstan on official matters for work, study (training) for the term of more than 6 months, about the invitation to the Republic of Kazakhstan of relatives and acquaintances, are considered by law-enforcement bodies based on written appeals of the accepting organizations. Together with written addresses the accepting organizations represent also the statements questionnaires completed with the foreigners inviting the relatives and acquaintances from abroad. Invitations in this case are issued to foreigners by divisions of migratory police through representatives of these organizations.

21. The state organizations, the companies and organizations, and also the foreign diplomatic and equated to them representations for the invitation of foreigners to the Republic of Kazakhstan address directly to the MFA of the Republic of Kazakhstan.

22. Employees of diplomatic representations and consular establishments of the Republic of Kazakhstan abroad, and also the staff of law-enforcement bodies shall explain to foreigners the existing Rules.

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