Immigration Law: Obtaining Residency and Citizenship
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Tweet ShareKazakhstan, being a historically rich country with a strong economy, has emerged as a most desired destination by many seeking new opportunities. It is essential that those planning a move to settle down in Kazakhstan know about the processes, requirements, and considerations for residence as well as becoming a citizen. Consulting a migratory lawyer in Kazakhstan or миграционный юрист в Казахстане in Russian can help guide individuals through the legal nuances of immigration. The article below provides a general overview of the processes, requirements, and considerations.
Understanding Residency in Kazakhstan
Residency in Kazakhstan is divided into temporary and permanent statuses with different eligibility requirements and procedures.
Temporary Residency
Temporary residence permits are normally given to those intending to stay in Kazakhstan for a longer duration but not settle here. Work, study, joining a family member, or participation in special programs are common reasons for their issuance.
Permanent Residency
Permanent residency allows foreign citizens to remain in Kazakhstan on a permanent basis. Foreign citizens can acquire permanent residency on the fulfillment of certain requirements, such as presenting sufficient documents.
Eligibility requirements for Permanent Residency
Applicants must qualify for permanent residence in Kazakhstan by:
- Financial Solvency: Show financial stability by presenting a certification from a bank in Kazakhstan verifying the funds available equivalent to at least 1,320 times the Monthly Calculation Index (MCI) on the date of application. Furthermore, evidence of funds for purchasing a home, equivalent to 15 squares per family member, must be presented.
- Certificate of No Criminal Record: Provide a document from their land of origin and/or permanent residency establishing that they have no criminal record.
- Health Requirements: Present a medical certificate ensuring the holder is free from diseases that exclude one from entry into Kazakhstan.
- Housing Arrangement: Provide a notarized arrangement for housing or a statement by a person or entity who is willing to provide shelter for a minimum of 180 days.
Application Process for Permanent Residency
The process of applying is multi-staged:
- Document Preparation: Collect the documents that are needed, such as the application form, passport copies, financial solvency documents, criminal record certificate, medical certificate, housing agreement, and photos.
- Submission: Deliver the application form along with the attached documents to the Kazakhstani migration authorities.
- Eligibility Evaluation: The officials will process the application in 45 calendar days.
- Decision: Once approved, the applicant is issued a permanent residence permit.
Pathways to Citizenship
Kazakhstan offers several pathways to citizenship, each with specific requirements:
By Birth
People born to a parent who is a Kazakh citizen are automatically granted citizenship, irrespective of their birthplace.
By Naturalization
Foreigners can become citizens of Kazakhstan through naturalization provided they fulfill the following requirements:
- Residency Requirement: Legally resident in Kazakhstan for a minimum of five uninterrupted years or married to a Kazakhstani national for a minimum of three years.
Since 2024, candidates are required to pass a test of basic knowledge of the Kazakh language, the basics of the Constitution, and the History of Kazakhstan.
Simplified Procedure
Some categories of people are entitled to a streamlined naturalization process:
- Ethnic Kazakhs (Kandas): Ethnic Kazakhs can apply to return to their historic homeland on a special pathway.
- Political Repression Victims and Their Descendants: Persons who were rehabilitated as victims of mass political repression and their descendants.
- Ethnic Kazakhs as University Students in Kazakhstan: Kazakh students attending local universities.
Simplified procedure applications are normally dealt with in a span of three months.
Dual Citizenship Policy
Kazakhstan has no provision for dual citizenship. Those acquiring foreign nationality must inform Kazakhstani authorities within 30 days of doing so and must surrender their Kazakhstani passport. Failing to do so may attract administrative fines.
Comparison of Residency Requirements vs. Citizenship Requirements
| Criteria | Permanent Residency | Citizenship | | --- | --- | --- | | Minimum Residency Requirement | N/A | 5 years of uninterrupted residency or 3 years of marriage to a Kazakhstani national | | Financial Solvency | Evidence of funds of 1,320 MCI equivalent and housing funds | Not stated | | Criminal Record | Certificate of no criminal record | Certificate of no criminal record | | Medical Certificate of Absence of Prohibited Diseases | Medical Certificate of Absence of Prohibited Diseases | Medical Certificate of Absence of Prohibited Diseases | | Language and Knowledge Test | Not mandatory | Compulsory since 2024; includes Kazakh language, basics of the Constitution, and Kazakhstani history |
FAQs
What is the Monthly Calculation Index (MCI) and its significance in the application process?
The MCI is a figure used in calculating fees in Kazakhstan. For applications for permanent residence, solvency is determined as a multiple of the MCI. The figure that has to be produced varies from year to year, so prospective applicants need to verify the value of the MCI on the official government websites of Kazakhstan prior to applying.
With a permanent residency permit, can I work in Kazakhstan?
Yes, holders of permanent residency in Kazakhstan may work without applying for a supplementary work permit. The status provides almost equal rights as citizens, with the only exclusions being voting rights and certain positions in the government.
How many days does it take to process an application for a Kazakhstani nationality?
The duration of processing is different depending on the route. Regular naturalization takes a few months to a year, while simpler procedures—like those for ethnic Kazakhs—tend to be finished in a span of three months. The applicant must remain in frequent contact with the migration service in order to monitor their status.
Can I lose my permanent residency or citizenship in Kazakhstan?
Both can be revoked under specified circumstances. Revocation of permanent residence is possible for criminal charges, violation of immigration laws, or for furnishing false information during application. Citizenship can be revoked for dual nationality or because the subject's conduct endangers national security.
Does residence or citizenship require knowledge of the Kazakh language?
Residency is not required, although by 2024 it has become compulsory for naturalization. The candidates must show a minimum level of understanding of the Kazakh language, as well as information about the state's constitution and the country's history. Study materials are provided by official state channels.
Will I be required to give up my previous nationality to acquire Kazakhstani nationality?
Indeed, dual nationality is not allowed in Kazakhstan. The applicants are required to formally relinquish their former nationality prior to receiving Kazakhstani nationality. The same has to be documented and ascertained with the concerned authorities.
Conclusion
Kazakhstan has organized legal channels for gaining residency as well as citizenship, each with specific requirements as well as benefits. Although requirements for permanent residency emphasize economic security, good health, and legal character, the process for acquiring citizenship adds other requirements, including knowledge of a foreign language as well as of the history of the state. Understanding these differences is most important for any person planning to relocate to Kazakhstan. An investor, student, ethnic Kazakh, or other individual seeking a fresh beginning will find Kazakhstan offering real and legitimate opportunities for long-term residence. It's important to be aware of current legal changes—like the 2024 requirement for knowledge tests for a grant of nationality. By following legal procedures and being well-prepared, the applicants can smoothly navigate the system and avail of the opportunities that lie here in Kazakhstan.
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