There are significant benefits to dual citizenship, so many people want to know if they can get a new passport without losing their citizenship status in their country. Residents of Kazakhstan are no exception. Some of them, planning to move to the Russian Federation, want to retain their rights in both countries. To find out whether dual citizenship of Russia and Kazakhstan is allowed, you need to study the legislative norms of both countries.
What does dual citizenship mean?
When a person has passports of two countries, this does not yet indicate that he has dual citizenship. To obtain dual citizenship, it is necessary that an agreement be concluded between governments on the agreed mutual recognition of documents and rights of citizens. Bipatrids can enjoy the privileges of belonging to the citizenship of both countries, choose where to study, live, pay taxes, undergo military service or treatment.
It is possible to obtain a second citizenship in many countries. In this case, the person is a citizen of two countries, but each state considers him exclusively its own. Such people have the right to live in any country of which they are citizens, cross the border, open their own business, and receive social guarantees.
Kazakhstan's position
A foreigner who plans to become a citizen of Kazakhstan must formally renounce his previous citizenship. Exceptions:
- Children and teenagers under 18 years of age.
- Repatriates.
- Persons deprived of legal capacity.
- Citizens whose services to Kazakhstan are recognized as outstanding.
However, persons with dual citizenship have limited rights. For example, they cannot get a government job.
A citizen of the republic who acquired citizenship of a second country and did not renounce Kazakh citizenship risks negative consequences. Kazakhstani passports will be automatically revoked as soon as a violation of the law is discovered. A citizen will be able to apply for reinstatement only after 5 years. In addition, he will have to pay a fine and, in special cases, leave the country.
It’s not easy to hide attempts to “sit on two chairs.” Migration control authorities entered into an agreement. It provides for the merging of databases in order to eliminate attempts by citizens to obtain two passports at once.
You can cease to be a citizen of Kazakhstan voluntarily by writing an application. The application is reviewed by specialists from the Ministry of Internal (Foreign) Affairs.
Registration process
A foreigner who has lived in the republic for 5 years or more or is a close relative of a Kazakh citizen can apply for citizenship. He submits an application and a package of documents, which are carefully checked first by the Ministry of Internal Affairs, then by the presidential administration.
Among the documents that the applicant provides is a resolution to renounce previous citizenship or a statement that the application has been submitted.
In total, this can take up to six months. Once the application is approved by the President, the applicant will be notified and invited to receive a certificate. Based on the certificate, a passport will be issued later.
Legal norms in Kazakhstan
The governments of Russia and Kazakhstan maintain close ties that make it easier to legalize people crossing the border. They can receive a temporary residence permit and residence permit using a simplified procedure if they submit the papers within the established time frame.
This does not mean that migrants are allowed to have multiple passports. The legislation of Kazakhstan excludes this phenomenon. In 2021, this restriction remains the same. The government of the Republic of Kazakhstan, when asked whether a citizen of Kazakhstan can have dual citizenship, gives a clear answer - no. If a resident of the country applies for a second document, he must renounce his homeland passport.
Are there any exceptions
Subparagraph 7 of Article 17 of the Law on Citizenship of the Republic of Kazakhstan states that a foreigner cannot apply for a passport if he is a citizen of another country. First, you need to write a waiver of your previous legal status. This provision does not apply to persons who:
- have services to the republic;
- have specialties included in the list compiled by the President of Kazakhstan;
- return to their historical homeland for permanent residence.
Benefits are provided to disabled people and children until they reach adulthood. In other cases, it is impossible to obtain dual citizenship in the Republic of Kazakhstan.
What are the consequences of obtaining a second passport?
Some people break the law and obtain a document in Russia using various schemes. If they manage to pull off a scam, they take advantage of the opportunities of citizens of both countries and keep the foreign passport along with the Kazakh one.
To identify such violators, the Ministry of Internal Affairs of Kazakhstan regularly conducts checks for the presence of two passports.
The fine for dual citizenship in Kazakhstan is provided in the amount of 50 monthly calculation indices (MCI). It is established for individuals who use a republican passport without having the right to it. This norm is prescribed in Article 380-2 of the Code of Kazakhstan on Administrative Violations.
If the second ID is held by a government employee, the law is more severe. Punishment for him may consist of a fine of 200 MCI or deportation from the Republic of Kazakhstan.
According to the Citizenship Law (Article 17, subparagraph 11), people who have lost their republican passport do not have the right to apply for its return for 5 years.
There is no criminal prosecution for concealing a second passport in the country. A Kazakh who has issued an identity card in another state and comes to the attention of the relevant services loses his citizenship in the Republic of Kazakhstan. The consequences of this are the inability to permanently reside in Kazakhstan.
How to obtain dual citizenship of Russia and Kazakhstan in 2020
As a result of fairly close relations between Russia and Kazakhstan, agreements and agreements were concluded to simplify the registration procedure at the place of residence, obtaining a permanent or temporary residence permit, including obtaining a passport for citizens of both countries.
But it is worth noting that dual citizenship of Russia and Kazakhstan in 2020 does not have a clear regulation at the legal level.
To avoid being a violator of the law through your own oversight, certain legal nuances and subtleties must be studied before you decide to acquire a second passport of the Russian Federation or the Republic of Kazakhstan.
Dual and second citizenship
According to international law, dual and second citizenship are fundamentally different concepts.
Typically, dual citizenship status is settled between countries that have signed an agreement or treaty.
In this case, you do not have to give up a passport from one country in order to obtain the same document in another, you do not need to fear monetary penalties, and obligations such as military service can only be fulfilled in one country.
Second citizenship requires possession of an identity card from a foreign country. In this case, the person is considered as a citizen of the country in whose territory he is located.
Is dual citizenship allowed in the Republic of Kazakhstan?
Let's figure out whether a citizen of Kazakhstan can have dual citizenship. Formally, it is prohibited in the republic to have a passport of another country.
The provision is enshrined in paragraph 3 of Article 10 of the Constitution of the Republic of Kazakhstan, as well as Article 3 of the Law “On Citizenship of the Republic of Kazakhstan”.
Violation of this provision entails a number of consequences, including deprivation of a Kazakhstani identity card.
Nevertheless, every year thousands of citizens of the republic are interested in whether there is dual citizenship in Kazakhstan, since many of them have economic ties with the Russian Federation or are planning their future in this country, but do not want to lose their main passport.
Who is allowed dual citizenship
There are exceptions to the general rule; the law does not apply to the following categories of persons:
- minors;
- incompetent;
- persons who have outstanding services to the republic or whose profession is included in the list established by the president of the country;
- repatriates or persons and their descendants who left the country a long time ago and decided to return to their historical homeland.
In other cases, dual citizenship in the Republic of Kazakhstan is strictly controlled by legal authorities. When receiving a Kazakhstani passport, you will need to submit a written application to the internal affairs authorities to renounce citizenship of a foreign power.
Punishment for second citizenship
In accordance with subparagraph 5 of Article 21 of the Law “On Citizenship”, a person automatically loses the status of a citizen of the Republic of Kazakhstan upon receiving a passport of another power.
If you continue to use a Kazakhstani ID card after its cancellation, then, according to Article 380-2 of the Code of Administrative Violations of the Republic of Kazakhstan, you are required to pay a monetary penalty.
The fine for dual citizenship in Kazakhstan is equal to 50 monthly calculation indices (MCI) for ordinary residents and 200 for civil servants.
The latter, moreover, can be expelled from the country if they acted as government officials or performed organizational, administrative, and economic functions in government bodies and at the same time had citizenship of another country.
MCI is a coefficient that is used in calculating social payments, taxes and penalties; in 2021 it is equal to 2,269 tenge (411 rubles).
Dual citizenship in Russia
An agreement on the settlement of dual civil status has been formalized between the Russian Federation and Tajikistan. Previously, an agreement was concluded with Turkmenistan, but as of 2021 it has been terminated. Residents of these countries who have two passports are recognized as citizens of both and have the right to enjoy the benefits of their status.
A second passport issued in other countries is not prohibited at the legislative level in Russia. The Constitution states that a resident of the Russian Federation can obtain foreign citizenship and citizenship, but they do not reduce obligations to their homeland. According to the law, a person is considered exclusively a citizen of Russia when resolving any issues.
In August 2021, a resolution was adopted on liability for concealing a second passport. Now Russians who have received foreign citizenship, citizenship or residence permits abroad must report this to the migration service. If they don't do this, they face penalties.
What could change in 2018?
Due to the fact that the Eurasian Union is developing, there is a possibility that in 2021, relevant agreements will be signed between Russia and Kazakhstan that will allow citizens of these countries to have dual citizenship.
Today, obtaining dual citizenship of the Russian Federation and Kazakhstan is impossible. This is due to the fact that the legislation of the Republic of Kazakhstan prohibits having a passport of another state.
Attention!
Due to changes in the legislation of the Russian Federation, the information in the article may be out of date! Our lawyer is ready to advise you free of charge - write your question in the form below:
What is needed to obtain a Kazakhstan passport
To obtain a Kazakh passport, a resident of Russia must contact the Ministry of Internal Affairs of the Republic to renounce his citizenship. Afterwards you need to fill out a form and collect documents. If a positive decision is made and the person receives a passport of the Republic of Kazakhstan, the application for renunciation of citizenship, together with the previous identity document, is sent to the country of former residence.
Migrants who decide to integrate into a new society must:
- live in the republic for at least 5 years;
- have relatives in Kazakhstan;
- be in a marital relationship with a resident of the Republic of Kazakhstan.
If at least one of these conditions is met and the inspection by government agencies does not reveal any violations, the applicant will receive notification of a positive decision no earlier than 6 months later.
The fundamental factor for signing a decree on conferring citizenship is a petition to renounce the previous one. You can read about the consequences of such a decision and the procedure for its execution in the material “Renunciation of Russian citizenship.”
