Exit from the Citizenship of the Republic of Kazakhstan

Many questions arise for people who have acquired a second citizenship. The legislation of Kazakhstan does not allow dual citizenship. Therefore, a citizen of Kazakhstan who acquires a second citizenship loses their Kazakhstani citizenship (Clause 5, Article 21 of the Law “On Citizenship of the Republic of Kazakhstan”).

Scenario #1. Exit from Kazakhstani Citizenship Without Fines

According to Article 21 of the Law of the Republic of Kazakhstan “On Citizenship of the Republic of Kazakhstan,” a person who holds the citizenship of Kazakhstan and acquires the citizenship of a foreign state must notify the authorities of Kazakhstan or the diplomatic missions of Kazakhstan within thirty calendar days from the day they acquire foreign citizenship and submit their passport and/or ID card of Kazakhstan.

A person who acquires a second citizenship must inform Kazakhstan’s diplomatic missions or migration police departments within 30 calendar days of acquiring foreign citizenship. It is assumed that the original ID and passport of the Kazakhstani citizen will be submitted.

The registration of the loss of Kazakhstani citizenship for a person residing permanently outside Kazakhstan is carried out by the foreign institutions based on the following documents:

1. A written application for the registration of the loss of Kazakhstani citizenship.
2. The original of the Kazakhstani passport or ID card (original). If the passport or ID card is missing or lost, a written explanation or another document confirming this fact must be provided.
3. A notarized copy of the passport of the second citizenship with translation.
   Upon receipt of the application for the issuance of a certificate of loss of Kazakhstani citizenship, the diplomatic mission prepares the corresponding certificate for the applicant in a free form within five working days. A consular fee is charged for issuing the certificate in accordance with the Tax Code and the approved consular fee rates.

Scenario #2. Exit from Kazakhstani Citizenship with a Fine for Late Notification Within 30 Days

If the application was not submitted on time within the legally established 30-day period, the exit from citizenship is processed in court with the payment of a penalty. Part 2 of Article 496 of the Code of Administrative Offenses of Kazakhstan: failure to notify the acquisition of foreign citizenship within the period established by the legislation of the Republic of Kazakhstan results in a fine of 200 monthly calculation indicators or administrative deportation from the Republic of Kazakhstan.

In this article, we will outline the protocol for exiting citizenship with a fine for late notification.

1. Visit to the Office of Migration Services of the Police Department at the place of residence. A petition for refusal and an explanatory statement must be written (see the sample below). The list of required documents:
   • Original and copy of the passport of the citizen of Kazakhstan
   • Original and copy of the ID card of the citizen of Kazakhstan
   • Original and notarized copy of the passport with translation of the second citizenship
   • Copy of the entry notification to Kazakhstan if a passport of another citizenship was used
   • Original and copy of the power of attorney for the accompanying person
   • Original and copy of the ID card of the accompanying person.

IMPORTANT POINT: A petition cannot be submitted by power of attorney. Personal presence is required.

1. After registering the application, there are two possible outcomes. The first is the payment of a fine in the amount of 200 MRP. If the fine cannot be paid, deportation with a subsequent entry ban for 5 years is assumed.
2. After registering the petition, our client was asked to come back in 3 working days to draw up the seizure protocol in the presence of witnesses. Article 795 of the Code of Administrative Offenses of Kazakhstan: a protocol is drawn up for the seizure of items, goods, imported into the territory of Kazakhstan, and documents. A copy of this protocol is handed to the person concerned or their representative, or an appropriate report is made in the protocol on the administrative violation.

A foreign citizen is provided with a copy of the protocol. Additionally, we were asked to place the signature of the Head on the protocol.

IMPORTANT POINT: At the stage of passport seizure and protocol preparation, we recommend attaching copies of documents that confirm the person’s connection to Kazakhstan. This will help to avoid deportation. In our case, we attached copies of ID cards and birth certificates of close relatives.

1. The court is held online via the WhatsApp messenger every Thursday from 2:00 PM to 7:00 PM. After the court session, the fine must be paid, and the receipt copy must be submitted to the court registry. The fine amounted to 200 MRP (738,400 KZT). Our client, with a 30% discount, paid 516,880 KZT. Part 2 of Article 829-11 of the Code of Administrative Offenses of Kazakhstan: the court, considering the circumstances stated in the first part of this article, may reduce the administrative fine imposed on the person involved in the administrative violation case by no more than thirty percent of the total fine amount.

The fine must be paid personally by the foreign citizen and, if the citizen has an ID card of Kazakhstan, the ID card will be seized.

IMPORTANT POINT: Our recommendation is to admit guilt in avoiding the requirements of the legislation due to ignorance and express the willingness to pay all necessary fines. The prosecutor may request deportation as a penalty. The foreign citizen should petition the court to avoid deportation and inform them of family ties to Kazakhstan and plans to continue living in the country.

1. After the court’s decision and the payment of fines, a notification of the loss of citizenship will be issued at the Migration Police Division of the Police Department in Almaty on Karasai Batyr Street.
2. Make adjustments to the IIN for the new passport.

TOTAL: We filed a petition for the loss of citizenship on August 12. The court session was held on August 15. The notification of the loss of citizenship was received on September 13.