General information
At the everyday level, concepts such as “exit” and “loss” of citizenship are usually not distinguished .
According to the legislation of Kazakhstan, these are different phenomena, each of which has its own characteristics. Many subtleties of the procedure depend on where the person is: in the country or outside it. Before leaving Kazakhstan, a person must pay off his obligations to the state. This applies to fines, taxes, loans, etc. Those who left the country do not fall under the jurisdiction of the authorities, but if necessary, a decision can be made to enforce obligations. For this purpose, the norms of international law and intergovernmental relations are used.
Grounds for refusal to renounce citizenship
According to Art. 20 ZRK No. 1017-XII, based on the results of consideration of the application, the applicant may be denied if:
- he has not paid his statutory obligations towards the state, in particular, he has not paid due taxes, fees, fines, has not served in the army or has other outstanding obligations;
- he did not pay off property obligations to citizens, organizations and other persons, including not paying off debts and loans, not paying compensation for damage, not paying alimony, and so on.
In addition, the reason for refusal may be:
- submission of an incomplete package of documents, submission of forged, invalid documents or containing false information;
- failure to pay state duty or consular fee;
- violation of the procedure for submitting documents.
If, based on the results of the consideration, the application is refused, the applicant is issued a certificate with the reasons for such refusal. Please note that there are also categories of persons for whom renunciation of citizenship is prohibited.
Who can't lose their indigeneity
According to Part 3 of Art. 20 ZRK No. 1017-XII, a citizen of Kazakhstan cannot lose citizenship if:
- he is brought to criminal responsibility or qualified as a suspect in criminal proceedings;
- he is serving a criminal sentence under a court verdict that has entered into force (including a sentence not related to imprisonment);
- the loss of citizenship by a citizen contradicts or threatens the national interests of the republic.
In most cases, documents to renounce citizenship status from these persons are not accepted.
Loss of citizenship
The legislation of the Republic of Kazakhstan provides several grounds for loss of citizenship. Living outside the country and marrying a foreigner do not qualify. This procedure is regulated by Article 21 of the Law of the Republic of Kazakhstan “On Citizenship of the Republic of Kazakhstan”. It contains the following reasons:
- joining the government bodies of another country;
- acquisition of citizenship on the basis of false documents;
- acquisition of citizenship of another state;
- recognition of a marriage with a citizen of the Republic of Kazakhstan, which is declared invalid;
- if desired, a child adopted by foreigners;
- extremist activity.
After losing Kazakhstani citizenship, a person is required to surrender his identity card and citizen’s passport. The document must be returned to the police or consulate within 30 days. Failure to comply with this requirement will result in punitive measures.
The corresponding certificate is issued after submitting a package of documents. It is submitted in person or through a representative to the consulate of the Republic of Kazakhstan . Usually it includes an application and questionnaire for loss of citizenship of the Republic of Kazakhstan, as well as identification documents and certificates of permanent residence in another country. All this must be certified by a notary. When changing place of residence, in the column of the questionnaire “Documents that served as the basis for registering the loss of citizenship of the Republic of Kazakhstan,” enter “Passport of another state.”
On the procedure for processing documents for renunciation of citizenship of the Republic of Kazakhstan
State standard
Chapter 1. General provisions
- State (hereinafter referred to as public service).
- The public service standard was developed by the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter referred to as the Ministry).
- The public service is provided by foreign institutions of the Republic of Kazakhstan (hereinafter referred to as the service provider).
Acceptance of documents and delivery of results of the provision of public services is carried out through the service provider.
Chapter 2. Procedure for providing public services
- Duration of provision of public services by the service provider:
1) from the date of delivery of the package of documents to the service provider - 6 (six) months;
2) the maximum allowable waiting time in line to submit a package of documents is 60 minutes;
3) the maximum allowable service time is 10 minutes.
- Form of provision of public services: paper.
- The result of the provision of public services is a certificate of renunciation of citizenship of the Republic of Kazakhstan.
Form for providing the result of the provision of public services: paper.
- The public service is provided to individuals (hereinafter referred to as the service recipient) on a paid basis at consular fee rates in accordance with the Code of the Republic of Kazakhstan dated December 25, 2017 “On taxes and other obligatory payments to the budget (Tax Code).”
Payment of the consular fee is carried out in cash or non-cash through second-tier banks or organizations carrying out certain types of banking operations.
- The service provider's work schedule: from Monday to Friday inclusive, from 9.00 to 18.30 with a lunch break from 13.00 to 14.30, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan.
Reception of documents is carried out from 09:30 to 12:30 hours, and issuance of results of the provision of public services from 16:00 to 17:00 hours. Wednesday is not a good day.
The public service is provided on a first-come, first-served basis; it is possible to reserve a queue through the service provider’s Internet resource.
- List of documents required for the provision of public services when the service recipient personally contacts the service provider:
1) application form in accordance with the appendix to this public service standard;
2) autobiography (compiled with one’s own hand);
3) photograph measuring 3.5 x 4.5 centimeters;
4) a copy of the applicant’s identity document;
5) permission to leave for permanent residence, issued by the internal affairs bodies of the Republic of Kazakhstan;
6) a certificate of the presence or absence of a criminal record, in the form approved by order of the Prosecutor General of the Republic of Kazakhstan dated July 27, 2015 No. 95 “On approval of standards of public services” (registered in the Register of State Registration of Normative Legal Acts No. 12055);
7) copies of birth certificates of children and marriage (if available);
a document confirming the possibility of obtaining foreign citizenship;
9) document confirming payment of the consular fee;
10) a notarized statement of consent to renounce the citizenship of the Republic of Kazakhstan and the absence of material and other claims from the applicant’s spouse or dependent persons living in the Republic of Kazakhstan, or copies of their death certificates, a court decision on recognition of a citizen deceased or missing.
A petition for renunciation of citizenship, certified by the service provider, in relation to persons under 18 years of age, as well as those recognized as incompetent, is submitted by their legal representatives, along with a copy of the child’s birth certificate (adoptive parents, guardians and trustees submit a copy of the decision of the local executive body) or with an identification document of the incapacitated person.
Minors aged 14 to 18 years old must attach their written consent certified by the service provider to their parents’ application.
Documents that are issued or certified by a competent institution of a foreign state or a specially authorized person, within its competence and in the prescribed form, affixed with the official seal of a foreign state, are accepted only after undergoing a special certification procedure (legalization or apostille).
When the service recipient submits all necessary documents to the service provider, confirmation of acceptance of the application on paper is a mark on its copy indicating the date of its receipt, surname, name, patronymic (if any) of the person accepting it and the time of receipt of the package of documents.
If service recipients fail to comply with the procedure for submitting documents, the service provider suspends the preparation of materials until the deficiencies are eliminated with notification to the service recipient.
9-1 The service provider refuses to provide public services on the following grounds:
1) establishing the unreliability of the documents submitted by the service recipient to receive a public service, and (or) the data (information) contained in them;
2) non-compliance of the service recipient and (or) the submitted data and information necessary for the provision of public services with the requirements established by the Law of the Republic of Kazakhstan dated December 20, 1991 “On Citizenship of the Republic of Kazakhstan”, the Rules for the acceptance, registration and consideration by foreign institutions of the Republic of Kazakhstan of applications on citizenship issues of the Republic of Kazakhstan, loss and deprivation of citizenship of the Republic of Kazakhstan and determination of citizenship of the Republic of Kazakhstan, approved by order of the Minister of Foreign Affairs of the Republic of Kazakhstan dated September 15, 2021 No. 11-1-2/420 (registered in the Register of State Registration of Normative Legal Acts No. 15884);
3) a negative response from the authorized state body to the request for approval, which is required for the provision of a public service.
If the service recipient provides an incomplete package of documents in accordance with the list provided for in paragraph 9 of this public service standard, and (or) expired documents, the service provider refuses to accept the application, and the service provider issues a receipt confirming the refusal to accept the documents.
Chapter 3. The procedure for appealing actions (inactions) of the central government body,
as well as the service provider and (or) its officials on the provision of public services
- Appealing decisions, actions (inactions) of the service provider and (or) its officials regarding the provision of public services: the complaint is submitted to the head of the service provider at the address specified in paragraph 12 of this public service standard.
The complaint is submitted deliberately through the office of the service provider, in writing by mail or through the “electronic government” web portal.
Confirmation of acceptance of the complaint is its registration (stamp, incoming number and date) in the office of the service provider, indicating the surname and initials of the person who accepted the complaint, the date and place of receipt of the response to the filed complaint.
The service recipient's complaint indicates his last name, first name, patronymic, postal address, outgoing number and date. The complaint is signed by the service recipient.
A service recipient's complaint received by the service provider or the Ministry is subject to consideration within five working days from the date of its registration.
In case of disagreement with the results of the public service provided, the service recipient may file a complaint with the authorized body for assessing and monitoring the quality of public services.
A service recipient's complaint received by the authorized body for assessing and monitoring the quality of public services is considered within fifteen working days from the date of its registration.
- In cases of disagreement with the results of the public service provided, the service recipient has the right to go to court in the manner established by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements taking into account the specifics of the provision of public services
- Addresses of places where public services are provided are posted on the Internet resource of the Ministry: www.mfa.gov.kz.
- The service recipient has the opportunity to obtain information about the procedure and status of the provision of public services through a single contact center for the provision of public services.
- Contact numbers of help desks regarding the provision of public services are listed on the Internet resource www.mfa.gov.kz., section “Public Services”, a single contact center for the provision of public services: 1414, 8 800 080 7777.
Withdrawal from citizenship
Unlike loss, renunciation is a voluntary decision .
To do this, it is enough to provide a statement where the person signs that he understands all the consequences of his decision. He also submits his passport to the migration service. The relevant authorities are checking whether he is a member of criminal groups, whether he has been prosecuted and is serving a sentence. Parents are responsible for minor children. They themselves submit an application for renunciation. If the child is 14 years old, then his notarized consent will be required. When submitting documents, you must pay a fee. Its size depends on the specific country and varies within $300.
The applicant is required to personally submit a package of documents to the consulate. It cannot be sent by mail, since all received certificates are certified by an employee of the institution himself. The review period is 1 year. This is how long all authorities check a person for unfulfilled obligations to the state. They can be of a property or non-property nature.
If a person still has obligations to the state, then his claim is denied. It is worth considering that the loss of citizenship of the Republic of Kazakhstan without a permanent residence permit threatens the loss of pension savings. In order to save them, you need to provide the following documents to the regional branch of the Pension Fund of the Republic of Kazakhstan:
- passport;
- migration card;
- contract between the applicant and the PF.
This is a general package of documents, but it may vary depending on the specific country of residence. Pension savings are always preserved along with the right to receive them.
Grounds and conditions for renunciation of citizenship of the Republic of Kazakhstan
In accordance with Art. 19, the Kazakh indigenous status ceases as a result of secession, loss or deprivation of citizenship. Loss and deprivation are procedures not related to the will of a citizen and caused solely by his guilty or other actions entailing corresponding consequences.
Renouncing Kazakhstani citizenship in 2021 is a different situation.
According to Art. 20 ZRK No. 1017-XII, any citizen who has expressed such a desire by filing an appropriate petition has the right to withdraw from the political and legal connection with the Republic of Kazakhstan.
At the same time, the will of a citizen should not be tied to any grounds or reasons - he has the right to renounce Kazakh citizenship at his own request. As a rule, this is associated with the desire to purchase a passport of a foreign country, in particular Russian. When purchasing it, according to Art. 13 renunciation of foreign indigenous status is mandatory.
Find out whether it is possible to have dual citizenship of Russia and Kazakhstan.
Another question: is it necessary to surrender a Kazakhstani passport after receiving Russian citizenship? The answer to this is given by clause 5 of Art. 21 ZRK No. 1017-XII - the republic does not recognize bipatrism, therefore the acquisition of a foreign indigenous person is the basis for the loss of a Kazakh one.
But in which countries bipatrism is possible, you will be informed by the article “Which countries allow dual citizenship: current list for 2021.”
Hence the first conclusion: even if a foreign state does not require the surrender of a passport of another country when issuing its citizenship, such a requirement is contained in Kazakh legislation.
To renounce Kazakhstani citizenship, according to Art. 20 ZRK No. 1017-XII, a citizen must fulfill a number of conditions, including:
- pay off all outstanding obligations to the homeland (military, tax obligations);
- repay all property obligations to Kazakh residents (debts, alimony, loans);
- not be brought to criminal liability as a suspect or accused by a court decision;
- Do not contradict the interests of the Republic of Kazakhstan by terminating your citizenship.
Therefore, to fully exit, you must obtain permission. Let’s figure out how to renounce Kazakhstani citizenship correctly from a procedural point of view.
Some subtleties
A certificate of absence of Kazakhstan citizenship may be required when determining the citizenship of children.
It is easy to obtain at the consulate. It is enough to write a personal statement addressed to the Consul General and attach a copy of your identity document to it. It is worth remembering that the government of the Republic of Kazakhstan has tightened responsibility for the citizenship of the two countries. If a person receives citizenship of another country, he is forced to register the loss of the corresponding status in the Republic of Kazakhstan.
There is an administrative penalty for concealing information in the form of a fine or deportation from the country.
