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JOINT ORDER OF THE ACTING MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of November 24, 2016 No. 11-1-2/555, 28 of November, 2016 No. 1100

About approval of Rules of execution of invitations, coordination of invitations to entry of foreigners and stateless persons into the Republic of Kazakhstan, issues, cancellations, recoveries of visas of the Republic of Kazakhstan, and also prolongation and reducing terms of their action

(as amended on 31-01-2019)

According to subitem 1-1) of article 10 of the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" PRIKAZYVAYEM:

1. Approve the enclosed Rules of execution of invitations, coordination of invitations to entry of foreigners and stateless persons into the Republic of Kazakhstan, issues, cancellations, recoveries of visas of the Republic of Kazakhstan, and also prolongation and reducing terms of their action.

2. Declare invalid the joint order of the acting minister of foreign affairs of the Republic of Kazakhstan of March 5, 2013 No. 08-1-1-1/71 and the Minister of Internal Affairs of the Republic of Kazakhstan of March 7, 2013 No. 175 "About approval of Rules of issue of visas of the Republic of Kazakhstan, and also prolongation and reducing terms of their action" (it is registered in the Register of state registration of regulatory legal acts No. 8407, No. 170-171 (27444-27445)) is published in the Kazakhstanskaya Pravda newspaper of May 18, 2013.

3. To provide to department of consular service of the Ministry of Foreign Affairs of the Republic of Kazakhstan:

1) state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let, and also the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this joint order on Internet resource of the Ministry of Foreign Affairs of the Republic of Kazakhstan.

4. To impose control of execution of this joint order on the First Deputy Minister of Foreign Affairs of the Republic of Kazakhstan Tleuberdi M. B. and the deputy minister of internal affairs of the Republic of Kazakhstan Turgumbayev E. Z.

5. This joint order becomes effective since January 1, 2017 and is subject to official publication.

Acting minister of foreign affairs of the Republic of Kazakhstan

__________ E.Ashikbayev

Minister of Internal Affairs of the Republic of Kazakhstan

________________ K. Kasymov

It is approved

Minister of Education and Science of the Republic of Kazakhstan

December 8, 2016

 

E.Sagadiyev ______________

It is approved

Minister of health and social development of the Republic of Kazakhstan

"" _____________ 20 __ years

 

T. Duysenova ______________

It is approved

Minister of Ecclesiastical Affairs and civil society of the Republic of Kazakhstan

"" _____________ 20 __ years

 

N. Ermekbayev ______________

It is approved

Minister of investments and development of the Republic of Kazakhstan

December 5, 2016

 

Zh. Kasymbek ______________

It is approved

Chairman of Committee of homeland security of the Republic of Kazakhstan

"" _____________ 20 __ years

 

K. Masimov ______________

Approved by the joint Order of the acting minister of foreign affairs of the Republic of Kazakhstan and the Minister of Internal Affairs of the Republic of Kazakhstan of November 24, 2016 No. 11-1-2/555, 28 of November, 2016 No. 1100

Rules of execution of invitations, coordination of invitations to entry of foreigners and stateless persons into the Republic of Kazakhstan, issues, cancellations, recoveries of visas of the Republic of Kazakhstan, and also prolongation and reducing terms of their action

Chapter 1. General provisions

1. These rules of execution of invitations, coordination of invitations to entry of foreigners and stateless persons into the Republic of Kazakhstan, issues, cancellations, recoveries of visas of the Republic of Kazakhstan, and also prolongation and reducing terms of their action (further – Rules) are developed according to the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" (further – the Law on migration) and determine procedure for execution of invitations, coordination of invitations to entrance of foreigners and stateless persons (further – receivers of visas) to the Republic of Kazakhstan, issues, cancellations, recoveries of visas of the Republic of Kazakhstan, and also prolongation and reducing terms of their action.

2. If the international treaty which participant is the Republic of Kazakhstan establishes other rules, than those which are provided in these rules then are applied regulations of the international treaty.

3. In these rules the following concepts are used:

1) the stateless person – the person who is not the citizen of the Republic of Kazakhstan and not having the evidence of the belonging to nationality of other state;

1-1) The international financial center "Astana" (further - MFTsA) – the territory in city boundaries of Astana with precisely designated borders determined by the President of the Republic of Kazakhstan in which the particular legal regime in the financial sphere is effective;

1-2) international technological parks "Astana Hub" (further – "Astana the Hub") – the legal entity determined by the order of the Government of the Republic of Kazakhstan No. 644 of October 16, 2018 "About determination of the international technological park "Astana Hub", owning on the property right or other legal causes single material complex where favorable conditions for realization of industrial and innovative activities in the field of information and communication technologies are created;

2) the business immigrant – the immigrant who arrived for the purpose of implementation of business activity according to the Law on migration;

3) the former compatriot – 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;

4) unified information system "Golden eagle" (further – EIS "Golden eagle") – unified information system on control of entrance – departure and stay of receivers of visas to the Republic of Kazakhstan;

5) the verbal note – the written appeal of Foreign Ministries, the diplomatic and equated to them representations, consular establishments of foreign states, the international organizations and their representations, including for the purpose of the invitation and issue of visas to receivers of visas;

6) the visa and migratory portal (further – VMP) – the portal intended for automation of document creation, connected with migratory processes (www.vmp.gov.kz);

6-1)   No. 11-1-4/38, 01.02.2019 of No. 85 is excluded according to the Joint Order of the Minister of Foreign Affairs of the Republic of Kazakhstan and the Minister of Internal Affairs of the Republic of Kazakhstan of 31.01.2019;

7) religious activities – the activities directed to satisfaction of religious needs of believers;

8) 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 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;

9) specifying of the Ministry of Foreign Affairs of the Republic of Kazakhstan (further – specifying the MFA of RK) – the operational solution of specific objectives which is drawn up in the form of the written order, accepted by heads of foreign institutions of the Republic of Kazakhstan, the director, deputy directors and the head of passport and visa management of Department of consular service of the Ministry of Foreign Affairs of the Republic of Kazakhstan, and also the decision based on the order of Presidential Administration and/or Government of the Republic of Kazakhstan, written appeals of state bodies, organizations and foreign institutions of the Republic of Kazakhstan, Foreign Ministries, the diplomatic and equated to them representations, consular establishments of foreign states, the international organizations and their representations based on which the Ministry of Foreign Affairs of the Republic of Kazakhstan (further – the MFA of RK) and its foreign institutions performs acceptance and coordination of the invitation of RK, issue, cancellation recovery, prolongation or reducing effective period of visas;

10) foreign institutions of the Republic of Kazakhstan (further – foreign institutions of RK) – the diplomatic and equated to them representations being located abroad, and also consular establishments of the Republic of Kazakhstan;

11) divisions of the Ministry of Internal Affairs of the Republic of Kazakhstan (further – the Ministry of Internal Affairs of RK) – divisions of migratory service of the Ministry of Internal Affairs of the Republic of Kazakhstan, Departments of police of areas, cities of Astana, Almaty and Shymkent and on transport;

12) specifying of the Ministry of Internal Affairs of RK – the operational solution of specific objectives which is drawn up in the form of the written order, accepted by the Chairman (vice-chairmen) of Committee of migratory service Ministry of Internal Affairs RK and also the decision based on the order of Presidential Administration and/or Government of the Republic of Kazakhstan, written appeals of foreign institutions of the Republic of Kazakhstan, state bodies and organizations of the Republic of Kazakhstan based on which the Ministry of Internal Affairs of RK is performed execution of the invitation, issue, cancellation, recovery, prolongation or reducing effective period of visas;

13) the petition – the written appeal of inviting party about issue, cancellation, recovery of visas of the Republic of Kazakhstan, prolongation and reducing terms of their action, and also the receiver of the visa intending to visit the Republic of Kazakhstan;

14) seasonal foreign workers are the immigrants attracted for work as employers to accomplishment of seasonal works which owing to climatic or other environment are performed during the certain period (season), but no more than one year;

15) missionary activities – the activities of citizens of the Republic of Kazakhstan, foreigners, stateless persons on behalf of the religious associations registered in the Republic of Kazakhstan directed to distribution of dogma in the territory of the Republic of Kazakhstan;

16) the certificate of qualification compliance for independent employment (further – the certificate of qualification compliance) – the document determined by the Law of the Republic of Kazakhstan "About employment of the population" issued to foreigners and stateless persons, conforming 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);

17) permission to permanent residence – the document established by the Law on migration issued to the Ministry of Internal Affairs of RK to immigrants in case of observance of requirements and granting them the right to permanent residence in the territory of the Republic of Kazakhstan;

18) the authorized employee – the employee of foreign institution of RK, the MFA of RK and Ministry of Internal Affairs RK having the right of coordination of the petition and signature on visas;

19) force majeur circumstances – the events of force majeure coming owing to force and impreventable majeure (the spontaneous phenomena, military operations and other similar events);

20) the international principle of reciprocity – mutual provision of equal conditions in case of execution of visas to citizens of two states;

21) the international organization – interstate or intergovernmental organization;

22) inviting party – the central state bodies of the Republic of Kazakhstan, offices of akims of areas, cities of republican value, the capital, Foreign Ministries, the diplomatic and equated to them representations, consular establishments of foreign states, the international organizations and their representations, and also physical persons and legal entities registered in the Republic of Kazakhstan, promoting entrance/departure of the receiver of the visa from the Republic of Kazakhstan;

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