The procedure for the citizens of the Kyrgyz Republic to entering and stay in the Republic of Kazakhstan

January 17 2023, the Government of the Republic of Kazakhstan amended the Decree of the Government of the Republic of Kazakhstan on January 21, 2012 No. 148 “On approval of the Rules for the entry and stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan and the Rules for the implementation of migration control, as well as registration of foreigners and stateless persons who illegally cross the State Border of the Republic of Kazakhstan, as well as persons who are restricted from entering the territory of the Republic of Kazakhstan” (came into force on January 27 of this year).

The permitted period of stay for citizens of the member states of the Eurasian Economic Union is 90 calendar days from the date of crossing the State Border of the Republic of Kazakhstan, a total of 90 calendar days during each period of 180 calendar days.

At the same time, according to the Law "On Legal Acts", the abovementioned legal act does not apply to relations that arose before its entry into force. In other words, the changes made to the rules will apply to foreigners who entered Kazakhstan from January 27, 2023.

After leaving Kazakhstan, a foreigner who has no other valid reasons for staying in the country will have a 90-day waiting period before he can cross the border back again.

In case exceeding the established and permitted period of stay, the Border Guard Service restricts entry into the country in accordance with Article 48 of the Law “On Migration of the Population”.

Citizens of the Kyrgyz Republic have the right to enter - leave the territory of the Republic of Kazakhstan, through checkpoints at the state border, open for international and internal passengers, with valid passports or documents replacing them. The passport must be issued by the competent authorities of the Kyrgyz Republic, in good condition, i.e. no torn pages, worn out information, etc.

Since 2012, between the Governments of the Kyrgyz Republic and the Republic of Kazakhstan, there has been an Agreement on the Procedure for the Stay of Citizens of the Kyrgyz Republic on the Territory of the Republic of Kazakhstan and Citizens of the Republic of Kazakhstan on the Territory of the Kyrgyz Republic.
Under this Agreement, citizens of the Kyrgyz Republic enter (leave) the territory of the Republic of Kazakhstan on the following valid documents without issuing any visa.
1. Identity card of a citizen of the Kyrgyz Republic.
2. Passport of a citizen of the Kyrgyz Republic.
3. Diplomatic passport.
4. Service passport.
5. Seafarer's identity card.
6. Certificate of return to the Kyrgyz Republic (only for return to the Kyrgyz Republic).

1. CUSTOMS REGULATIONS

If you import or export cash (foreign or national) in an amount exceeding the equivalent of 3,000 US dollars, you must declare it (at the same time, the import of currency is not limited, but the declaration will serve as the basis for exporting the amount within the amount you imported). When exporting cash foreign currency in excess of the equivalent of 10,000 US dollars, you will also need to confirm the legality of the origin of money in excess of ten thousand US dollars.

2. REGISTRATION IN THE REPUBLIC OF KAZAKHSTAN

On July 15, 2017, came into force the Protocol on amendments and additions to the Agreement between the Government of the Kyrgyz Republic and the Government of the Republic of Kazakhstan on the procedure for the stay of citizens of the Kyrgyz Republic in the territory of the Republic of Kazakhstan and citizens of the Republic of Kazakhstan in the territory of the Kyrgyz Republic dated May 11, 2012, signed in Astana, October 17, 2016.

From July 15, 2017, citizens of Kyrgyzstan are exempted from the obligation to register (registration at the place of stay) in Kazakhstan within 30 calendar days. Previously, this period was calculated as 5 days.

The period of temporary stay is calculated from the date of entry of a citizen of Kyrgyzstan into Kazakhstan, confirmed by a migration card and (or) a mark of border control authorities affixed upon entry into the territory of Kazakhstan.

If a citizen of Kyrgyzstan stays on the territory of Kazakhstan for more than 30 calendar days, it is necessary to register (register at the place of stay) at territorial Departments of the Ministry of Internal Affairs of Kazakhstan.

Registration of citizens of Kyrgyzstan is carried out for a period not exceeding 90 calendar days from the moment of crossing the State Border of Kazakhstan, and can be extended for the same period.

3. RESIDENCE PERMIT

A document confirming the right of a foreigner to permanent residence in the Republic of Kazakhstan is a residence permit. To obtain a residence permit, you must obtain a permanent residence permit. The permit is issued at the territorial office of the migration police.
The list of documents can be obtained from the territorial departments of the migration police of the Republic of Kazakhstan.

4. ARE YOU ABLE TO WORK IN KAZAKHSTAN LEGALLY?

You do not have the right to work in Kazakhstan if the employer who invited you does not have a permit to attract foreign labor power with a list attached, which contains your last name. Any employer offering you a job in Kazakhstan is required to have a permit to attract foreign labor power to the Republic of Kazakhstan, issued by the local executive body (akimat) of the regions, cities of Astana and Almaty. The list of surnames of foreign citizens involved in the work, containing your surname, must be attached to the permit. The employer is obliged to conclude an employment contract with you. If you are a citizen of Kyrgyzstan who arrived in Kazakhstan for the purpose of carrying out labor activities in agricultural work in the border regions of the Republic, then you can get more detailed information on the procedure for employment at the Consulate General of the Republic of Kyrgyzstan in Kazakhstan.

5. CAN YOU CARRY OUT ENTREPRENEURSHIP ACTIVITY IN KAZAKHSTAN?

Foreign citizens cannot register and carry out activities as an individual entrepreneur in the territory of Kazakhstan. This restriction is spelled out in the Law of the Republic of Kazakhstan "On Private Entrepreneurship".
For reference: A foreigner can carry out entrepreneurial activities in Kazakhstan by creating a legal entity.
The provisions of this legislation do not apply to citizens of the Kyrgyz Republic, the Russian Federation and the Republic of Belarus in accordance with Article 4 of the Treaty "On the legal status of citizens of one state permanently residing in the territory of another state" dated April 28, 1998.
For reference: According to this article, a permanent resident benefits the same rights and freedom, and bears the same obligations as citizens of the country of residence, with exceptions established by this Treaty and the Constitutions of the Parties. This article also states that a citizen of one country permanently residing in the territory of another country party to the agreement is not subject to restrictions on rights or additional obligations that are established for foreign citizens in the country of residence.
Thus, citizens of the Kyrgyz Republic, the Russian Federation and the Republic of Belarus who have a residence permit in the Republic of Kazakhstan, along with citizens of Kazakhstan, can register as an individual entrepreneur.
In this regard, and also given that the procedure for registering as an individual entrepreneur is faster and easier than when forming a legal entity, citizens of Kyrgyzstan, Russia and Belarus are provided with simplified procedures for legalizing their business in Kazakhstan compared to citizens of other foreign countries.

6. WHAT TO DO IF YOU LOSE YOUR IDENTITY DOCUMENT?

If you have lost your passport or it has been stolen, you must immediately contact the migration police unit or internal affairs bodies of the Republic of Kazakhstan in which you were registered at your place of residence, with a detailed statement of when, where and under what circumstances you have lost your document. Based on your application, if you have been registered and your identity has been established, the migration police will issue you a certificate containing your details: last name, first name, patronymic, year of birth, number of the lost national passport, and others. In the future, with this certificate, you must contact the embassy or consulate of the Kyrgyz Republic.

7. WHERE TO APPLY FOR PROTECTION OF YOUR RIGHTS?

If you are in the territory of Kazakhstan legally, then you have the right to apply to the court or other state bodies to protect your property and personal non-property rights. In court, you benefit procedural rights on an equal footing with citizens of Kazakhstan. If you are held liable in any way, you have the right to use the services of an interpreter and a lawyer.
You can also contact the foreign institutions of the Kyrgyz Republic

8. WHAT IS THE RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN?

For violation of the rules of stay in the Republic of Kazakhstan, expressed in non-compliance with the established procedure for registration, movement (entry to prohibited territories), choice of place of residence or rules for transit through the territory of the Republic of Kazakhstan, or in avoiding leaving after a certain period of stay (expiration of a visa or registration) , you may be held administratively liable in the form of a warning, fine, arrest for up to 15 days with administrative expulsion from the Republic of Kazakhstan.
For detailed information, the Ministry of Foreign Affairs of the Kyrgyz Republic recommends that citizens of the Kyrgyz Republic staying and working in the territory of the Republic of Kazakhstan contact the following contact numbers:

Consular Department of the Ministry of Foreign Affairs of the Kyrgyz Republic: + 996312660811
Plenipotentiary Representation of the Ministry of Foreign Affairs of the Kyrgyz Republic in Batken, Jalal-Abad and Osh regions Osh: +996322229286
Embassy of the Kyrgyz Republic in Astana: + 77172242024, +77172286108, +77761248833
Consulate General in Almaty: + 77272642212, +996312975201