Kazakhstan's Ministry of Internal Affairs has updated the rules for providing the public service of processing documents for leaving the republic for permanent residence abroad. The ministry's order "On approval of the rules for providing the public service 'Processing documents for departure from the Republic of Kazakhstan for permanent residence'" was published on the website of the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan, the website infohub.kz reports.
Recipients of the service may be citizens of Kazakhstan, foreigners permanently residing in the country, and stateless persons permanently residing in the republic. The order sets out the entire process of providing the service and its timelines, including through the eGov portal.
The document lists the documents that recipients of the public service must submit. These include an application form; an identity card or its electronic form and a passport of a citizen of the Republic of Kazakhstan, birth certificates of children under sixteen years of age, a residence permit for a foreign citizen in the Republic of Kazakhstan; and a stateless person's certificate.
An alimony payment agreement will also be required if family members of the departing person permanently reside in the territory of the Republic of Kazakhstan; and a conclusion from the guardianship and trusteeship authorities on taking into account the opinion of a child who has reached the age of ten when deciding on his departure with parents or other legal representatives.
When citizens of Kazakhstan under the age of eighteen leave for permanent residence together with one of the parents (guardian, trustee), a notarized consent of the other parent residing in the territory of the Republic of Kazakhstan is required. In the absence of such consent, the departure of a minor may be authorized by a court.
In addition, the package includes a document confirming payment of the state fee and an application — in the absence of information on registration in the territory of the Republic of Kazakhstan.
The order also describes possible grounds for refusing the service. This may occur if the service recipient possesses information constituting state and other secrets protected by law and has not notified the relevant authorized bodies of the fact of his departure from the Republic of Kazakhstan — until such circumstances cease to apply.
A refusal is possible if the applicant is detained on suspicion of committing a criminal offense or is involved as a suspect or accused, or if a decision has been issued classifying the act of the suspect — until a decision on the case is made or a court verdict enters into legal force; or if convicted of a crime — until the sentence is served or the person is released from punishment.
The service will also be refused to those who evade fulfillment of obligations imposed on them by a court — until these obligations cease; who are undergoing compulsory military service — until completion of this service or release from it; who provided knowingly false information about themselves when processing documents for departure from the Republic of Kazakhstan — until the reasons that served as the basis for refusal are eliminated and reliable information is provided.
In addition, refusal is provided for persons who are defendants in civil proceedings — until the court decision enters into legal force; who have tax arrears — until full repayment; and who are debtors in enforcement proceedings.
The order was officially published on November 5 and will enter into force on November 15.