In December 1991, the Law on Citizenship of the Republic of Kazakhstan (RK) was adopted. This law establishes relations between the state and people who have permanent residence in the country. Citizens of Kazakhstan in accordance with the law "On Citizenship of the Republic of Kazakhstan" may renounce citizenship.
How to renounce citizenship of Kazakhstan to people who permanently reside in Kazakhstan?
To make a refusal of citizenship of the Republic of Kazakhstan, it is necessary to file a petition addressed to the President. At the time of writing the document “Refusal of Citizenship of Kazakhstan”, a sample application provided at the request of the applicant to a government agency will help to fill out the form correctly, in accordance with the current requirements of the law. An application for withdrawal is a document containing a citizen’s petition for an official withdrawal from a state’s citizenship.
Where to send the renunciation of citizenship of Kazakhstan? With an official refusal, you must contact the consulate, embassy or other relevant state bodies in order to get an accurate list of necessary actions and documents that need to be completed (filled out, prepared) to change citizenship.
Citizens permanently residing in the territory of the state need to attach the following documents to the application:
- application form for renouncing citizenship of Kazakhstan;
- 3 pcs. photographs in the same format as for the passport;
- copies of documents proving the identity of the applicant, birth certificate and marriage certificate;
- certificate from the place of study or work;
- a document from the military registration and enlistment office on the release of persons of draft age from service;
- confirmation of payment of the state fee in the amount of 100% or a certificate of exemption from payment;
- a notarized document from family members or dependents about the absence of any material claims by their party;
- notarized documents in case of divorce, death of one of the spouses, guardianship or adoption, a certificate of deprivation of parental rights or payment of alimony;
- in a situation where the parents are citizens of the Republic of Kazakhstan, and one of them leaves citizenship with a minor child, it is necessary to attach to the package of documents a notarial statement of the other parent with permission to withdraw the child from citizenship;
- notarized written consent of children aged 14 to 18 years.
Carrying out the procedure by employees of the relevant authorities
With regard to the application “Refusal of citizenship of Kazakhstan”, the internal affairs bodies request information from the legal statistics authorities under the General Prosecutor's Office. At the end of the proceedings, the internal affairs bodies indicate the information:
- that the renunciation of citizenship of the Republic of Kazakhstan does not contradict the interests of state security;
- the presence or absence of any obligations to the state, property obligations with citizens or with other structures;
- on bringing the applicant as an accused, sentenced to trial and imposing a sentence.
After providing all the necessary documents, the case materials are transferred to the office of the president for decision.
Is it necessary to draw up additional documents related to entry / exit for permanent residence?
The type of application of the applicant depends on his needs. There are two types of procedures:
- Obtaining a certificate that permits travel abroad with the preservation of citizenship.
- Exit from the citizenship of the Republic of Kazakhstan without leaving the state.
The law does not provide for the mandatory departure of a former citizen outside the country, but even before the start of the consideration of the case, it is necessary to determine your future situation in the territory of the state. If the renunciation of the citizenship of Kazakhstan was successfully made in order to obtain a residence permit, it is necessary to draw up citizenship of another state and provide the migration authority with a document (departure sheet) confirming the consent of the other state to permanent residence in the Republic. Therefore, to make a leaflet of departure, it is necessary to temporarily go to the state where citizenship was issued.
Exit from citizenship of citizens who do not live in the territory of the Republic of Kazakhstan
Those people who live outside the state can also apply for exit from citizenship. Permanent residence in another state does not lead to the termination of Kazakhstani citizenship if a person has not violated the law and living conditions abroad.
Citizens of the Republic of Kazakhstan who temporarily reside in Russia must submit an application for renouncing the citizenship of Kazakhstan in Omsk or by registration in the territory of the Republic of Kazakhstan. A person living abroad permanently submits an application to the head of the Republic of Kazakhstan through the Kazakhstan Consulate. The necessary documents to be attached to the application include:
- application written in standard form - 2 pcs .;
- autobiography compiled personally by the applicant - 2 pcs .;
- photos 4 by 5 cm - three pieces;
- copies of documents in case of divorce, death of one of the spouses, birth certificate of children (with notary certification);
- copies of the passport with a stamp on permission to leave for permanent residence in another state;
- a receipt evidencing the payment of a consular fee ranging from 30 to 300 dollars;
- copy of a residence permit in another power.
All prepared documents for the renunciation of citizenship of Kazakhstan must be submitted in person or by notarized power of attorney through a representative. After acquiring the citizenship of another state, you must submit an identity card issued by the Republic of Kazakhstan to the consulate.
The term for consideration of the case file
Duration of consideration of the materials of the case of renunciation of citizenship is about six months (a month for each state body through which documents pass). Within seven days, the Ministry of Internal Affairs informs the migration police about the exit of a certain person from citizenship. Over the next seven days, the ATC should notify the outcome of the application. After that, the Ministry of Foreign Affairs is obliged to notify the consulate within two weeks and transfer the case file. The consular department issues a document on the considered case “Renunciation of citizenship of Kazakhstan” at the Embassy of Kazakhstan within two weeks. They also inform the applicant of the decision taken at the request.
Materials Review Results
As a result of the consideration of the case “Refusal of citizenship of Kazakhstan”, a document is issued on the withdrawal from citizenship of the Republic of Kazakhstan or a refusal listing the reasons.
A refusal may be given if a citizen has property obligations connected with the interests of citizens or with the interests of the state itself. A person who has been prosecuted as an accused or prosecutor may be refused. In the situation of receiving a refusal from the internal affairs bodies, the applicant is issued a document on the reason for the refusal, and the second copy of the paper is attached to the case.
Does IIN and RNN remain at the exit from citizenship?
After the loss of citizenship, the Law on National Registers of Identification Numbers does not consider the loss of an individual identification number and tax registration number. On the contrary, foreign citizens have the right to have, and in some cases are required to have an identification number.If a permanent residence permit is given, then a residence permit will be registered in the identification number.
Note to people who have already retired or plan to do so
Residents of the state who have decided not to be subjects are strange, have every right to take away pension savings. To do this, they must submit an appropriate document to the pension fund. The necessary package of securities includes the following documents:
- completed application;
- copy of passport;
- copy of the migration card;
- A contract between a contributor and a pension fund.
Only those pensioners who have permanent residence in another country can pick up their property.
Rules of entry and stay of foreign residents
Today’s rules are developed in accordance with the Constitution of Kazakhstan and the Law of the Republic of Kazakhstan “On Migration of the Population”, which determine the following:
- entry and exit of foreign residents;
- execution of a package of documents for temporary stay in the state;
- movement of foreigners on the territory of the Republic of Kazakhstan;
- shortening and extension of the term of stay.
These rules also apply to persons who have applied for renunciation of citizenship of Kazakhstan. Persons who have invited foreigners to themselves are obligated to familiarize them with the rights and obligations of being in the country. Monitoring compliance with the rules by foreign citizens and stateless persons is carried out by the internal affairs bodies together with the national security bodies.
Obtaining citizenship of the Russian Federation
To obtain citizenship of the Russian Federation, Kazakh citizens must apply for admission to Russian citizenship at the hotel of the consulate of the Russian Federation on the territory of the Republic of Kazakhstan. Today, the fastest and easiest way has been developed for the residents of Kazakhstan. The applicant only needs to prepare an application for admission to the citizenship of the Russian Federation, attach the necessary documents to it and submit it to the appropriate persons in the territory of the Republic of Kazakhstan. For this, the applicant is not required to be in the territory of the Russian Federation. Documents can be issued at the place of residence. The decision on admission to Russian citizenship is implemented for six months.
Toughening responsibility for dual citizenship by Kazakhstan and the Russian Federation
Three years ago, the President of Kazakhstan signed a new Code of Offenses, which increased the degree of responsibility for violations of the law on citizenship of the Republic of Kazakhstan. According to Article 380-2 of the new version of the Code, those who violate the law must pay a fine for violation in the range from 92 thousand 560 tenge to 370 thousand 400 tenge or must be punished by administrative eviction from the country. Thus, the Embassy of the Republic of Kazakhstan reminds those who received a document to renounce citizenship of Kazakhstan in Russia and acquired Russian citizenship about the delivery of a Kazakhstan passport.
In Russia three years ago, the law on criminal liability came into force if the concealment of dual citizenship was discovered. According to the law, Russians who have another citizenship are required to notify the FMS about this within two months. This can be done in writing. In case of violation of the law, a citizen will be fined in the amount of 200 thousand rubles.