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Home / Laws / Article 49. Grounds for refusal to issue or revocation of a permanent residence permit in the Republic of Kazakhstan to foreigners and stateless persons The Law on Population Migration

Article 49. Grounds for refusal to issue or revocation of a permanent residence permit in the Republic of Kazakhstan to foreigners and stateless persons The Law on Population Migration

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 49. Grounds for refusal to issue or revocation of a permanent residence permit in the Republic of Kazakhstan to foreigners and stateless persons The Law on Population Migration

 

     The issuance of a permanent residence permit in the Republic of Kazakhstan is refused to foreigners and stateless persons, or the previously issued permit is revoked.:

     1) illegally arrived, as well as those who are being prosecuted for crimes under the laws of the countries from which they originate;

     2) released from places of deprivation of liberty, whose permanent place of residence before conviction was outside the Republic of Kazakhstan;

     3) those who have committed crimes against humanity;

     3-1) who committed a crime against the sexual integrity of a minor;

     4) who have not provided proof of their solvency in the manner and amounts determined by the Ministry of Internal Affairs of the Republic of Kazakhstan, with the exception of ethnic Kazakhs, former compatriots born or previously held citizenship of the Kazakh Soviet Socialist Republic or the Republic of Kazakhstan, as well as persons entitled to acquire citizenship of the Republic of Kazakhstan in a simplified manner on the basis of international treaties of the Republic of Kazakhstan. Kazakhstan, and their family members, foreigners with sought-after professions, the list of which is approved by the authorized body on migration issues;

     5) repeatedly violating the legislation on the legal status of foreigners in the Republic of Kazakhstan;

     6) inciting interethnic, inter-confessional and religious hostility;

     7) whose actions are aimed at forcibly changing the constitutional order;

     8) opposing the sovereignty and independence of the Republic of Kazakhstan, calling for the violation of the unity and integrity of its territory;

     9) having an outstanding or outstanding criminal record for a crime;

     9-1) if the national security authorities of the Republic of Kazakhstan have information about their involvement in extremist or terrorist activities or involvement in an organization recognized as extremist or terrorist in the Republic of Kazakhstan.;

     10) who submitted forged documents or knowingly provided false information about themselves when applying for a permanent residence permit in the Republic of Kazakhstan or, without a valid reason, did not submit the necessary documents within the time limits established by the legislation of the Republic of Kazakhstan;

     10-1) who have not passed fingerprint registration in accordance with the legislation of the Republic of Kazakhstan;

     11) expelled from the Republic of Kazakhstan for five years by the time of issuing a permanent residence permit in the Republic of Kazakhstan;

     12) if it is necessary to protect the rights and legitimate interests of citizens of the Republic of Kazakhstan and other persons;

      13) who have received a permanent residence permit and reside in the territory of the Republic of Kazakhstan for less than one hundred and eighty-three calendar days within any consecutive twelve-month period from the date of issuance of the permanent residence permit, except for the cases provided for in Article 38 of the Law of the Republic of Kazakhstan "On Citizenship of the Republic of Kazakhstan";

     13-1) excluded by the Law of the Republic of Kazakhstan dated 11/24/2015 No. 421-V (effective ten calendar days after the date of its first official publication);  

     13-2) who have received a permanent residence permit based on the list of required professions approved by the authorized body on population migration, and who do not work in the profession provided for in the specified list, within one hundred and eighty-three calendar days within any consecutive twelve-month period from the date of issuance of the permanent residence permit;

     14) who have married citizens of the Republic of Kazakhstan, which served as the basis for obtaining a residence permit, in the event that this marriage is declared invalid by a court decision that has entered into legal force.;

     14-1) during the year brought to administrative responsibility for administrative offenses in the field of population migration, tax and labor legislation of the Republic of Kazakhstan;

     14-2) endangering the interests of national security;

     15) having diseases that are a contraindication for entry into the Republic of Kazakhstan;

      16) if they had previously lost the citizenship of the Republic of Kazakhstan on the grounds provided for in subparagraph 8) of the first part of Article 21 of the Law of the Republic of Kazakhstan dated December 20, 1991 "On Citizenship of the Republic of Kazakhstan";

      17) if they were previously deprived of the citizenship of the Republic of Kazakhstan on the grounds provided for in Article 20-1 of the Law of the Republic of Kazakhstan dated December 20, 1991 "On Citizenship of the Republic of Kazakhstan".

     Refusal to issue a residence permit or a certificate of a stateless person may be appealed in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

     It is prohibited to issue permits to foreigners and stateless persons for permanent residence in the Republic of Kazakhstan without the positive approval of the national security authorities.

     The provision of subparagraph 15) of the first part of this article does not apply to legally incompetent persons.

      In relation to ethnic Kazakhs and their family members, stateless persons recognized as such due to the lack of identity documents or on the basis of a 1974 USSR passport, women subject to the Law of the Republic of Kazakhstan "On the Accession of the Republic of Kazakhstan to the Convention on the Nationality of Married Women", the effect of subparagraphs 13) and 14-1) of the first part of this article does not apply.

 

 

The Law of the Republic of Kazakhstan dated July 22, 2011 No. 477-IV.

The article was amended and supplemented by the Law of the Republic of Kazakhstan dated June 24, 2026, No. 326-VIII SAM 

    This Law regulates public relations in the field of population migration, defines the legal, economic and social foundations of migration processes.

 

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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