Repatriates Assembly

The problematic issues in the regulation of documents of the repatriates

28.01.2021 127

There are several ways to apply for citizenship of the Republic of Kazakhstan for the foreigners: in foreign institutions (consulates) of the Republic of Kazakhstan and on the territory of the Republic. In general, there is no difference between the number and list of documents in both cases.

List of the documents [1]

1. Application form on the object;

2. Biography (handwritten);

3. 3.5 x 4.5 cm photo;

4. A copy of the applicant's identity document;

5. A document confirming the permanent residence outside the Republic of Kazakhstan;

6. Apostille or official certificate of conviction;

7.Certificate of statelessness or termination of citizenship of another state issued by the competent authority of the relevant state;

8. Copies of children's birth and marriage certificates (if any);

9. Application agreement on compliance with the terms, object;

10. Document on payment of consular fees.

 

List of the documents (in the territory of the Republic of Kazakhstan in a simplified manner):

1. Notarized application for the renunciation of previous citizenship.

2. Application form.

3. Four photos measuring 3.5 x 4.5 cm.

4. An obligation to comply with the terms;

5. A copy of an identity document and confirmation of citizenship of another state.

6. Repatriates permanently residing in the territory of the Republic of Kazakhstan - the identity card of the repatriate (repatriates).

7. Ethnic Kazakhs studying in higher education institutions – a certificate from a higher education institution confirming the fact of study at this institution.

8. A certificate confirming the nationality for ethnic Kazakhs studying at universities.

9. Document on payment or exemption from payment of state duty.

10. Persons who are victims of political repressions are the court decision on acquittal or the documents confirming that they are descendants of victims of political repressions.

 

In accordance with the Article 1017-XII 16-1 of the Law of the Republic of Kazakhstan “On Citizenship of the Republic of Kazakhstan” of December 20, 1991, repatriates (compatriots) submit documents for the citizenship of the Republic of Kazakhstan in a simplified manner.

There are some problems in the Kazakhstani practice of supporting repatriates (compatriots) in terms of providing benefits for the free citizenship of the Republic of Kazakhstan.

According to the Tax Code of the Republic of Kazakhstan [2] (hereinafter - the Code), all persons who apply to the government agencies or officials of the Republic of Kazakhstan authorized to perform legally significant actions are payers of the state duties [3]. According to the Article 629 of the Code, the consular fee is paid at the time of consular actions and in accordance with paragraph 7 of this article “The paid amount of consular fees is not refundable”.

At the same time, repatriates (compatriots) are exempted from paying consular fees (Article 628 of the Code) and state duty (Article 617 of the Code) when performing the notarial acts related to the acquisition of citizenship of the Republic of Kazakhstan.

In accordance with Article 619 of the Code [4] is exempt from state duty:

1) Persons and their descendants who were forcibly left the territory of the Republic of Kazakhstan as a result of mass repressions, forced collectivization and other inhumane political actions – for the registration of documents on the acquisition of citizenship of the Republic of Kazakhstan;

2) Repatriates – for the registration of documents on the acquisition of citizenship of the Republic of Kazakhstan.

In this case, the exemption from payment of this state duty is granted only once.

However, it should be noted that ethnic Kazakhs wishing to acquire the citizenship of the Republic of Kazakhstan in the territory of the Republic and in foreign institutions do not have the official status of “Repatriate” at the time of application. He is not an ethnic Kazakh repatriate living abroad who intends to apply for the citizenship of the Republic of Kazakhstan in foreign institutions of the Republic of Kazakhstan, he has not yet been granted for this status, so the above articles of the Code do not apply to the repatriates wishing to return to their historical homeland.

In this case, in order to obtain the status of the “Repatriate”, it is necessary to apply with the appropriate package of documents [5] (“Government for the Citizens” State Corporation “Nonprofit Joint Stock Company” or the Consulate of the Republic of Kazakhstan), including the notarized copies of identity documents of the applicant and his family members’ translations, notarized copies of documents confirming belonging to the Kazakh nation, biography, etc.

As a result, it is not possible to actually receive the above benefits at the initial stage of applying for the citizenship of the Republic of Kazakhstan.

In this regard, the objective question arises as to what specific state support ethnic Kazakhs wishing to return to their historical homeland will receive. At the same time, there are other questions about the effectiveness of such state support for the repatriates. After all, in order to use the existing benefits, repatriates must obtain a personal identification number first (hereinafter - IIN). In order to do this, the repatriates must apply to the authorized body with an application, a copy of identity document, a copy of the repatriate (blood) certificate and the permanent registration.

As you can see, ethnic Kazakhs called “De-facto”, who are wishing to immigrate to Kazakhstan for the permanent residence, repeatedly submit notarized translations of copies of the same documents: for the first time IIN (Personal Identification Number); to obtain the status of “Repatriate” for the second time; to obtain citizenship of the Republic of Kazakhstan for the third time.

Unfortunately, the current regulations of the country do not have a clear procedure and mechanism for obtaining the status of “Repatriate”, which is given the appropriate benefits (an exemption from the state duties) in the absence of the relevant Law on the support of repatriates (compatriots).

It is clear that the current mechanisms of support for the repatriates are ineffective in practice.

Therefore, in addition to the cost of many notarized translations of documents, it takes a lot of time and effort to obtain the status of “Repatriate” and continue to use the existing benefits due to the imperfection of the legislation of the Republic of Kazakhstan in relation to the repatriates (compatriots).

According to the “Law of the Republic of Kazakhstan On Migration” of July 22, 2011 № 477-IV, ethnic Kazakhs who independently entered the territory of the Republic of Kazakhstan, as well as the ethnic Kazakhs living outside the Republic of Kazakhstan to obtain or extend the status of “Repatriate” and include in the regional quota. The application may be submitted by the non-profit joint-stock company “Government for Citizens” or through the local executive bodies and foreign institutions of the Republic of Kazakhstan, respectively.

It is noteworthy that the amount of paperwork for the repatriates depends on the country of residence. In some ethnic Kazakh-populated countries, the average cost of a family of four (two adults and two minors) is 300,000 tenge in China and 30,000 tenge, 10 times less in Russia.

Russian practice

The participants of the state program [6] and their family members moving to the Russian Federation for the permanent residence have the right to receive state guarantees and social support depending on the chosen place of residence, including the reimbursement of state fees for the documents determining a legal status of settlers in the Russian Federation.

In support of their compatriots, the costs of paying state duties reimburses to the participant of the State Program and his family members in Russia [7]:

·  An issuance of a temporary residence permits to a foreign citizen or stateless person;

·  An issuance of a residence permits to a foreign citizen or stateless person;

·  A consideration of applications for the citizenship, acquisition of citizenship, restoration of citizenship, application for citizenship, including the issuance of relevant documents;

·  An issuance of a passport of the citizen of the Russian Federation.

At the same time, the procedure for the reimbursement of state duties is as clear as possible. Thus, the compensation is paid to the participant of the State Program and his family members upon the receipt of a temporary residence permit, resident card, citizenship of the Russian Federation and a passport of the citizen of the Russian Federation.

In order to receive the compensation, a participant of the state program submits an application (in Russian) for the compensation to him and (or) his family members in the prescribed form to the territorial body of the Department of Internal Affairs of Russia at the place of residence or arrival.

The following documents are attached to the application:

·  A copy of identity card or other document;

·  A copy of the certificate of participation in the state program;

· A copy of the passport or other identity document of family members participating in the state program, applying for the compensation;

·  A copy of temporary residence permits or residence permit;

·  A copy of receipt of state duty payment;

·  The details required to send a postal transfer or account details opened by the applicant in a credit organization.

A decision on payment of compensation is made by the territorial body of the Department of Internal Affairs of Russia at the place of residence or arrival of the participant of the State program within 15 days from the date of their application and the necessary documents attached to it.

The decision shall be notified to the applicant in writing form with the necessary justification. The funds for the payment of compensation shall be transferred by mail to the territorial body of the Department of Internal Affairs of Russia or to the account opened by the recipient in the credit institution in the prescribed manner.

Finally, the territorial body of the Department of Internal Affairs of Russia, that makes the payment, makes a corresponding entry in the certificate of the participant of the State Program.

There is no doubt that Kazakhstan lags behind Russia in terms of research and strengthening the process of demographic migration. In terms of supporting their repatriates abroad, Russian legislation is much more advanced than Kazakhstan's.

In the current legislation of the Republic of Kazakhstan, the process of obtaining citizenship is associated with significant costs for the repatriates to process the documents. In this case, the procedure for granting the benefits is not as consistent as discussed above and is not resolved in favor of repatriates (our compatriots). In many cases, this is due to the lack of an appropriate law to support the repatriates.

In fact, it is important to note that the current procedure for obtaining the status of “Repatriate”, IIN, citizenship of the Republic of Kazakhstan (in a simplified manner) encourages ethnic Kazakhs to return to their historical homeland. However, it actually creates additional bureaucratic obstacles that negatively affect the arrival of our compatriots.

Thus, the probability of reimbursement of these costs is not only one of the main factors in encouraging the return of ethnic Kazakhs to Kazakhstan, but also allows to reduce the bureaucratic procedures.

 

Links:

[1] How to get Kazakhstan citizenship. Official site [Electronic resource] URL: https://egov.kz/cms/ru/articles/for_foreigners/how_to_become_en_citizen (application date 01.10.2020)

[2] Approved on December 25, 2017, as amended on July 2, 2020 [Electronic resource] URL: https://egov.kz/cms/ru/law/list/K1700000120 (application date 20.09.2020)

[3] Article 608. Payers of state duties of the Tax Code of the Republic of Kazakhstan

[4] Article 619. An exemption from the payment of state duty when applying for citizenship of the Republic of Kazakhstan Tax Code of the Republic of Kazakhstan

[5] The principle of obtaining or extending the status of repatriate. Order of the Minister of Labor and Social Protection of the Republic of Kazakhstan dated July 22, 2013 № 329-Ө-М [Electronic resource] URL: http://adilet.zan.kz/rus/docs/V1300008624#z68 (application date 27.10.2020).)

[1] State program to assist in the voluntary resettlement of compatriots living abroad in the Russian Federation. Approved by the Decree of the President of the Russian Federation dated June 22, 2006 № 637. It has been operating on a permanent basis since December 31, 2012.

[1] The procedure for the payment of this type of compensation is determined by the Resolution of the Government of the Russian Federation of September 25, 2008 № 715.

 

Zhumanova Riza Alsaykyzy

General Manager of the Information Analysis Department of the “Otandastar Fund” OJSC.