Legal Framework

Establishes the legal basis: norms of the Constitution of Kazakhstan, this Law, other regulations, and international treaties of Kazakhstan governing the rights and obligations of foreign nationals and stateless persons.

Defines the concept of "foreigner" in Kazakhstan: a person who is not a citizen of Kazakhstan and holds citizenship of another state, or a stateless person. Foreigners enjoy the same rights and bear the same obligations as citizens of Kazakhstan unless otherwise provided by law.

Enshrines the principles of legal regulation: equality of foreigners before the law, protection of their rights and legitimate interests by the state, compliance with Kazakhstan's international obligations on human rights.

A key article for our practice. Distinguishes two statuses: permanently residing (residence permit) — with rights approximating citizens, and temporarily staying (visa, temporary residence permit) — with a limited period. Defines the documentary basis for each status.

Regulates the procedure for granting asylum to foreign nationals and stateless persons on the territory of Kazakhstan: grounds, application procedure, rights of persons granted asylum.

Defines the right of foreigners to work in Kazakhstan subject to a work permit or exemption therefrom (LLP directors, branch managers). Prohibits employment during visa-free stays or on Category B visas not providing for work.

Foreigners with a residence permit are entitled to medical care on equal terms with citizens of Kazakhstan. Temporarily staying foreigners — to the extent established by law and international treaties.

Foreigners with a residence permit working in Kazakhstan are entitled to pension provision, allowances and other forms of social support on equal terms with citizens. Temporarily staying — only in cases provided for by international treaties of Kazakhstan.

Foreigners with a residence permit have the same housing and property rights as citizens of Kazakhstan, including the right to purchase housing. Temporarily staying foreigners may hold property in Kazakhstan through a legal entity with foreign participation.

Foreign nationals with a residence permit have equal access to education as citizens of Kazakhstan. Temporarily staying persons study under conditions provided by law or international treaties.

Entry, exit and transit rules for foreigners are established by the Government of Kazakhstan. The foundational article for understanding visa policy.

Foreigners enter Kazakhstan with valid documents and a visa, unless otherwise provided by international treaties (visa-free regime). Exceptions: residence permit holders, diplomats, certain other categories.

Foreigners are free to exit Kazakhstan. Exit may be restricted in the event of debt, criminal prosecution or court proceedings involving the foreigner.

Transit of foreigners through Kazakhstan is carried out on a transit visa (Category B6) or visa-free — with a valid visa for the destination country and transit of no more than 72 hours through airports.

Foreign nationals are liable for violations of Kazakhstan legislation on equal terms with citizens, unless otherwise provided by laws or international treaties. Administrative, criminal and civil liability applies in full.

Forced expulsion from Kazakhstan is applied for gross or systematic violations of migration legislation, threats to state security, commission of serious crimes. Expulsion procedure and the foreigner's right to appeal.