Response from MFA re C2 visa issuance

Dear Mr. Chumakov,

Referring to your Attorney’s Request regarding the family reunification visa issuance procedure, we would like to inform you about the following:

All Kazakhstan visas are issued in compliance with the Regulations on the Execution and Approval of Invitation Letters to Foreign and Stateless Persons Arriving to the Republic of Kazakhstan, the Issuance, Revocation and Renewal of Kazakhstan Visas, and the Extension and Reduction of Visa Validity Terms adopted by Joint Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan No. 11-1-2/555 of 24 November 2016 and the Minister of Internal Affairs of the Republic of Kazakhstan No. 1100 of 28 November 2016 (the “Regulations”).

Subject to Section 17 of the Regulations, a visa recipient or inviting party shall file the following documents and information either with a foreign mission of the Republic of Kazakhstan or the Kazakhstan Ministry of Foreign Affairs or the Kazakhstan Ministry of Internal Affairs in the place of their jurisdiction:

visa application form with a colour or black-and-white photo (3.5x4.5 cm);
if applying to a foreign mission of the Republic of Kazakhstan – the number and date of the invitation letter registered with the Kazakhstan Ministry of Foreign Affairs or the Kazakhstan Ministry of Internal Affairs (the inviting party shall notify the invitee of the number and issuance date of the invitation letter), or an application from the visa recipient under any of the categories specified in Section 25 of the Regulations;
effective diplomatic, official/service or travelling passport of a foreign state, or another identification document recognised by the Republic of Kazakhstan and entitling the applicant to cross the State Border of the Republic of Kazakhstan (“passport”);
original counterparts of payment documents certifying the payment of relevant consular fees or state duties; and
supplemental documents required by Exhibit 1 to the Regulations.

Subject to Section 28 of Exhibit 1 to the Regulations, C2 (family reunification) visa requires the following additional documents:

application from the inviting party (in arbitrary form);
temporary stay permit of the inviting party, unless the inviting party is a citizen of the Republic of Kazakhstan (a notarized copy);
identification documents of the inviting party and family members (notarized copies);
document (proof of funds) proving that the inviting party has substantial means to support each member of their family the monthly amount of which may not be less than the statutory minimum wages fixed by Kazakhstan Budget Law;
document (proof of accommodation) proving that the inviting party has an accommodation in the Republic of Kazakhstan the area of which meets the minimum required standard per family member, as well as sanitary and other standards determined by Kazakhstan law (a notarized copy);
medical insurance covering all members of the inviting party’s family;
document certifying family relationship between the applicant and the inviting party issued by competent authorities of Kazakhstan or a foreign state (a notarized copy); and
police clearance certificates issued in relation to all adult family members.

According to Article 1(19) of the Kazakhstan Migration Law of 22 July 2011 (the “Law”), the term ‘temporary stay permit (registration)’ means a document issued by internal affairs divisions to immigrants (provided that they meet the Kazakhstan legislative requirements) and entitling such immigrants to stay in the Republic of Kazakhstan during a certain period of time depending the purpose of their stay.

Subject to Section 2(5) of the Regulations on Immigration to, Stay in and Departure from the Republic of Kazakhstan and the Regulations on the Exercise of Migration Control and Registration of Foreign and Stateless Persons Illegally Arriving to the Republic of Kazakhstan and Persons Prohibited from Entering the Republic of Kazakhstan (the “Rules of Stay”) adopted by Kazakhstan Government Resolution No. 148 of 21 January 2012, all immigrants shall enter and exit the Republic of Kazakhstan via checkpoints on the State Border of the Republic of Kazakhstan open for international passenger communications under their passports or other similar documents containing Kazakhstan visa, unless otherwise provided by Kazakhstan legislative acts and/or international treaties ratified by the Republic of Kazakhstan.

In pursuance of Section 10 of the Rules of Stay, all individuals arriving to the Republic of Kazakhstan from the states with which Kazakhstan has signed and ratified international treaties on visa-free travel shall be registered (issued a temporary stay permit) for a term to which the visa-free stay is limited.  If such term is not specified, the registration shall be valid for maximum thirty days and, if an individual has arrived from a member state of the Eurasian Economic Union, such registration shall be valid for maximum ninety days from the date of entry to the Republic of Kazakhstan.

All immigrants arriving to Kazakhstan for reunification of their families shall be registered for a term determined by the Law.

Hence, C2 visa is issued for maximum one year, and a temporary stay permit (registration) is issued for maximum three years.

The application filed by the inviting party with a foreign mission of the Republic of Kazakhstan shall be executed in arbitrary form.  When the inviting party cannot file the application in person, their signature on the application shall be authenticated by a notary.

The police clearance certificate must be issued in relation to each adult member of the inviting party’s family.

The Kazakhstan visa sticker execution is regulated by Section 2 of the Regulations which does not provide for such entry as “entitled to work”.

Sincerely yours,

T. Umbetbayev
Director

Дата публикации: