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
According to subitem 1-1) of article 10 of the Law of the Republic of Kazakhstan "About population shift" and the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" 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.
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Acting minister of foreign affairs of the Republic of Kazakhstan |
__________ E.Ashikbayev |
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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 ______________ |
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It is approved Minister of Ecclesiastical Affairs and civil society of the Republic of Kazakhstan "" _____________ 20 __ years |
N. Ermekbayev ______________ |
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It is approved Minister of investments and development of the Republic of Kazakhstan December 5, 2016 |
Zh. Kasymbek ______________ |
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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
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 subitem 1-1) of article 10 of the Law of the Republic of Kazakhstan "About population shift" (further – the Law on migration), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services) 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, prolongation and reducing terms of their action, and also procedure for rendering the state services "Acceptance and Coordination of Invitations of the Accepting Persons on Issue of Visas of the Republic of Kazakhstan" and "Issue, recovery or prolongation in the territory of the Republic of Kazakhstan to foreigners and stateless persons of visas on the right of departure from the Republic of Kazakhstan and entry into the Republic of Kazakhstan".
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;
2) the International financial center "Astana" (further – MFTsA) – the territory in city boundaries 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;
3) the international technological park "Astana Hub" (further – "Astana the Hub") – the legal entity determined by the order of the acting minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of July 12, 2023 No. 250/Tax Code "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 innovative activities in the field of information and communication technologies are created;
4) territorial authorities of police – division of migratory service of departments of police of areas, cities of republican value, the capital and departments on transport of the Ministry of Internal Affairs of the Republic of Kazakhstan (further – the TOP of the Ministry of Internal Affairs of RK);
5) investment resident of MFTsA – the foreigner or the stateless person which performed investments according to the program of the investment tax residence of MFTsA and also corresponding to the conditions provided by the Constitutional law of the Republic of Kazakhstan "About the International financial center "Astana";
6) the business immigrant – the immigrant who arrived for the purpose of implementation of business activity according to the legislation of the Republic of Kazakhstan;
7) 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;
8) unified information system "Golden eagle" (further – EIS "Golden eagle") – unified information system on control of entrance, departure and stay of receivers of visas in the Republic of Kazakhstan;
9) 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;
10) the visa and migratory portal (further – VMP) – the portal intended for automation of document creation, connected with migratory processes (www.vmp.gov.kz);
11) religious activities – the activities directed to satisfaction of religious needs of believers;
12) 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;
13) 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 (further – foreign institutions), the director, deputy directors and the head of passport and visa management of Department of consular service MFA RK, and also the decision based on the order of management of Administration of the President of the Republic of Kazakhstan and (or) Government office of the Republic of Kazakhstan, written appeals of state bodies, organizations and foreign institutions, Foreign Ministries, the diplomatic and equated to them representations, consular establishments of foreign states, the international organizations and their representations based on which the MFA is performed by RK and foreign institutions acceptance and coordination of documents on the invitation from abroad (further – the invitation), issue, cancellation, recovery, prolongation or reducing effective period of visas;
14) 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;
15) 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 management of Administration of the President of the Republic of Kazakhstan and (or) Government office of the Republic of Kazakhstan, written appeals of foreign institutions, state bodies and organizations of the Republic of Kazakhstan based on which the TOP of the Ministry of Internal Affairs of RK is performed execution of invitations, issue, cancellation, recovery, prolongation or reducing effective period of visas;
16) seasonal foreign workers are the immigrants attracted for work as employers for the term of no more than 1 (one) year to accomplishment of seasonal works which owing to climatic or other environment are performed during the certain period (season) according to the list of professions approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of February 20, 2023 No. 49 "About approval of the list of demanded professions for receipt by foreigners of permission to permanent residence in the Republic of Kazakhstan and Rules of its forming" (it is registered in the Register of state registration of regulatory legal acts No. 31938) in coordination with the authorized state bodies performing management of the respective sphere of public administration;
17) missionary activities – the activities of citizens of the Republic of Kazakhstan, foreigners, stateless persons directed to distribution of dogma in the territory of the Republic of Kazakhstan for the purpose of the address to religion;
18) the certificate of qualification compliance for independent employment – the document of the established form issued according to the procedure, determined by the order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 22, 2023 No. 236 "About approval of Rules of issue or prolongation of references to the foreigner or the stateless person about compliance of its qualification for independent employment, the list of priority industries of economy (types of economic activity) and the professions demanded in them for independent employment of foreigners and stateless persons" (it is registered in the Register of state registration of regulatory legal acts at No. 32887), to the foreigner or the stateless person conforming to requirements of qualification and the education level for independent employment in the Republic of Kazakhstan by professions, demanded in priority industries of economy (types of economic activity);
19) 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;
20) the authorized employee – the employee of foreign institution, the MFA of RK, the Ministry of Internal Affairs of RK and TOP Ministry of Internal Affairs RK having the right of coordination of the petition and signature on visas;
21) force majeur circumstances – the events of force majeure coming owing to force and impreventable majeure (the spontaneous phenomena, military operations, emergency state and other similar events);
22) the international principle of reciprocity – mutual provision of equal conditions in case of execution of visas to citizens of two states;
23) the international organization – interstate or intergovernmental organization;
24) 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, physical persons, and also the legal entities registered in the Republic of Kazakhstan, promoting entry and departure of the receiver of the visa into the Republic of Kazakhstan and from it;
25) foreign institutions – the embassies which are located abroad, diplomatic missions, and also consular establishments of the Republic of Kazakhstan;
26) documents on the invitation from abroad (further – the invitation) – the invitation to entry into the Republic of Kazakhstan on private affairs issued to the Ministry of Internal Affairs of RK, or the petition of inviting party approved with the Ministry of Internal Affairs of RK or the verbal note for issue of visas of the Republic of Kazakhstan to receivers of the visa;
27) the foreigner – the person who is not the citizen of the Republic of Kazakhstan and having the proof of the belonging to nationality of other state;
28) the ethnic Kazakh – the foreigner or the stateless person of the Kazakh nationality.
4. Category, the receiver, frequency rate, visa effective period, the stay period in the territory of the Republic of Kazakhstan, the bases and necessary documents for issue of visas are determined according to appendix 1 to these rules.
5. Visas are subdivided on single and repeated.
The single visa grants to the receiver of the visa the right to single entry into the Republic of Kazakhstan, driving through its territory, stay on it and departure from the Republic of Kazakhstan for a while, for the purpose of and on the conditions established in the visa.
The multi-visa grants to the receiver of the visa the right to repeated entry into the Republic of Kazakhstan, driving through its territory, stay on it and departure from the Republic of Kazakhstan for a while, for the purpose of and on the conditions established in the visa.
The visa to departure from the territory of the Republic of Kazakhstan grants to the receiver of the visa the right to stay in the territory of the Republic of Kazakhstan and departure from the Republic of Kazakhstan for time and on the conditions established in the visa.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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