Dual citizenship promises significant benefits, so many people want to know if it is possible to get a new passport without losing their civil status in their country. Residents of Kazakhstan are no exception. Some of them planning to move to the Russian Federation wish to retain their rights in both states. To find out whether dual citizenship of Russia and Kazakhstan is allowed, you need to study the legal norms of both countries.
What does dual citizenship mean?
When a person has passports of two states, this does not mean that he has dual citizenship. To obtain dual citizenship, it is necessary that an agreement is concluded between the governments on the agreed mutual recognition of documents and the rights of citizens. Bipatrides can enjoy the privileges of belonging to the citizenship of both countries, choose where to study, live, pay taxes, undergo military service or medical treatment.
It is possible to make a second citizenship in many countries. In this case, a person is a citizen of two countries, but each state considers him exclusively his 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.
Legal regulations in Kazakhstan
The governments of Russia and Kazakhstan maintain close ties that facilitate the legalization of people crossing the border. They can obtain a temporary residence permit and a residence permit under a simplified scheme if they submit the papers on time.
This does not mean that migrants are allowed to hold multiple passports. The legislation of Kazakhstan excludes such a phenomenon. This limitation remains the same in 2021. When asked whether a citizen of Kazakhstan can have dual citizenship, the Government of the Republic of Kazakhstan gives a clear answer - no. If a resident of the country takes up the execution of a second document, he must refuse the passport of his homeland.
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 state. First you need to write a waiver of the 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 the age of majority. 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 violate the law and receive a document in Russia using various schemes. If they manage to pull off the scam, they take advantage of the opportunities of citizens of both countries and keep their foreign passport along with the Kazakh one.
To identify such violators, the Ministry of Internal Affairs of Kazakhstan regularly checks for the presence of two passports.
The fine for dual citizenship in Kazakhstan is stipulated in the amount of 50 calculated indices per month (MCI). It is established for individuals who use the passport of the republic without having the right to it. This norm is spelled out in Article 380-2 of the Code of Kazakhstan on Administrative Violations.
If a government official has a second ID, the law is stricter. The punishment for him may be a fine of 200 MCI or expulsion from the Republic of Kazakhstan.
According to the Citizenship Law (article 17, subparagraph 11), people who have lost their republican passport are not allowed to apply for its return for 5 years.
There is no criminal prosecution for hiding a second passport in the country. A Kazakh who has issued an identity card in another state and has come to the attention of the relevant services loses his citizenship in the Republic of Kazakhstan. The consequences of this are the impossibility of permanently residing on the territory of Kazakhstan.
Dual citizenship in Russia
An agreement on the settlement of dual civil status has been drawn up between the Russian Federation and Tajikistan. Previously, the agreement was also concluded with Turkmenistan, but since 2021 it has been terminated. Residents of these countries who have made two passports are recognized as citizens of both and are entitled to take advantage of their position.
The 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 diminish the obligations to the homeland. According to the law, a person is considered exclusively a citizen of Russia when deciding any issues.
In August 2021, a decree was adopted on responsibility for hiding the second passport. Now Russians who have received foreign citizenship, citizenship or a residence permit abroad must report this to the migration service. If they don't, they face penalties.
What you need to get a passport of Kazakhstan
To obtain a Kazakhstani passport, a resident of Russia must apply to the Ministry of Internal Affairs of the Republic with renunciation of his citizenship. After that, 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, an application for renunciation of citizenship, along with a previous identity document, is sent to the country of former residence.
Migrants who decide to integrate into a new society should:
- 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 of state bodies does not reveal violations, the applicant will receive a notification of a positive decision no earlier than 6 months later.
The fundamental factor for signing a decree on the assignment of citizenship is a request to withdraw from the previous one. You can read about the consequences of such a decision and the procedure for registering it in the material “Renunciation of Russian Citizenship”.
Conclusion
At the moment, there is no dual citizenship between Russia and Kazakhstan. Perhaps, over time, an agreement on the settlement of this issue will be signed, and residents of the republic will be able to have two passports legally.
