On amnesty in connection with the legalization of illegal labor immigrants

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The Law of the Republic of Kazakhstan dated July 4, 2006 No. 149.

This Law regulates the conduct by the State of a one-time campaign to legalize illegal labor immigrants engaged in labor activities in the territory of the Republic of Kazakhstan.

Article 1. Scope of this Law

1. Legalization is carried out in respect of citizens of the member states of the Commonwealth of Independent States who entered the Republic of Kazakhstan sixty calendar days before the entry into force of this Law and from that time engaged in labor activities in violation of the legislation of the Republic of Kazakhstan.

2. This Law applies to employers of the Republic of Kazakhstan who employ the labor of persons specified in paragraph 1 of this Article.

3. This Law does not apply to the persons specified in paragraphs 1, 2 of this Article.:

who entered the Republic of Kazakhstan in violation of the legislation of the Republic of Kazakhstan;

those who do not have documents for the right to stay in the Republic of Kazakhstan;

who reported false information about themselves, including criminal charges, or did not submit the necessary documents;

carrying out activities that require a license.

Article 2. The period of legalization of illegal labor immigrants

The legalization of illegal labor immigrants is carried out from August 1, 2006 to December 31, 2006.

Article 3. Procedure for the legalization of illegal labor immigrants

1. The legalization of illegal labor immigrants is carried out by an employer who uses the labor of foreigners specified in paragraph 1 of Article 1 of this Law by registering them with the internal affairs bodies as labor immigrants.

2. In order to legalize illegal labor immigrants, employers submit an application for registration of labor immigrants to the internal affairs bodies at the place of employment.

The application states:

1) information about the employer:

last name, first name, patronymic of an individual or the name of a legal entity;

the number and date of issue of an individual's identity document or a certificate of state registration of a legal entity;

the place of residence of an individual or the location of a legal entity;

taxpayer registration number;

2) data on foreigners registered as labor immigrants:

last name, first name, patronymic;

citizenship;

the address of temporary residence in the Republic of Kazakhstan.

The application must be accompanied by:

a copy of an individual employment contract concluded in accordance with the procedure established by the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan;

identity documents and migration cards of foreigners.

3. The application for registration is considered within five working days from the date of submission.

4. Subject to the requirements established by this Law, the internal affairs bodies shall register a foreigner with the issuance of a special migration card.

5. Information about employers and foreigners registered as labor immigrants is entered into the register of legalized labor immigrants by the territorial body of internal affairs that carried out the registration.

Copies of the registers of legalized labor immigrants are sent to local executive authorities.

The form and procedure for issuing a special migration card, as well as the form and procedure for maintaining a register of legalized labor immigrants, are determined by the central executive body responsible for registering illegal labor immigrants.

6. In case of non-compliance with the requirements established by this Law, the application must be returned with an indication of the reasons for the refusal of registration.

If the reasons for the return of the application are eliminated, the employer has the right to re-submit an application for the legalization of illegal labor immigrants during the period of legalization.

7. Employers may employ the labor of persons specified in paragraph 1 of Article 1 of this Law from the date of their registration with the internal affairs bodies.

8. The persons specified in paragraph 1 of Article 1 of this Law may work in the territory of the Republic of Kazakhstan from the date of registration during the period of validity of the individual employment contract submitted for registration, but not more than three years from the date of its conclusion.

Article 4. Exemption from administrative responsibility

The persons specified in paragraphs 1, 2 of Article 1 of this Law are exempt from administrative liability provided for in Articles 394, 395 (part one), 396 of the Code of the Republic of Kazakhstan on Administrative Offenses. The persons specified in paragraph 2 of Article 1 of this Law are exempt from administrative liability provided for in Articles 207, 209 (part one) and 210 of the Code of the Republic of Kazakhstan on Administrative Offenses.

Article 5. Exemption from criminal liability

The persons specified in paragraph 2 of Article 1 of this Law are exempt from criminal liability provided for in Articles 221, 222, 330-3 of the Criminal Code of the Republic of Kazakhstan.

President

Republic of Kazakhstan

President

Republic of Kazakhstan

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