“Omir-Aina”, # 03 (87) 24/01/2008
Social worker, NGO “Sana Sezim”
S. Yusupzhanova

   Over the past 45 years, the number of people living outside their country of birth has more than doubled – from approximately 75 million in 1960 to almost 191 million in 2005. Today, one of every 35 people is a migrant. It is estimated that this trend of growth in international migration will continue to increase in the upcoming decades.
   Migration is both natural and inevitable, but orderly migration is not without difficulties. These difficulties include the violation of rights, exploitation, illegal migration, xenophobia, inability to integration, as well as human trafficking, smuggling, and corruption.
   The Legal Center for Women’s Initiatives “Sana Sezim”, with the support of the International Organization for Migration, is implementing the project “Providing legal aid to migrant workers in Shymkent” in the South Kazakhstan Region. The project increases awareness of how migrants can not violate the laws of Kazakhstan when once they arrive and includes a working 24-hour telephone hotline, where experts can provide advice on how to safely enter the Republic of Kazakhstan. It is free and confidential.
   What are the main issues with the way people are treated?
   Question: In the case of a loss of passport or identity documents, what does one do and where does one go?
   Answer: In this case, in accordance with Chapter Nine, Paragraph 97 of “The Instructions for the Application of the Rules of Entry and Residence of Foreign Nationals in the Republic of Kazakhstan”, one should immediately contact the Department of Internal Affairs (in the city of Shymkent – AL – Farabiysky police station (Zheltoksan St.), Enbekshinsky police station (S. Vualihanova St.), Abaysky police station (Kaldajakova St.)) with the place of one’s permanent or temporary residence and a statement detailing when, where, and under what circumstances that the documents were lost. Based on this information, representatives from their state (embassies, consulates, diplomatic missions) can issue a new passport or other document, and the Department of Internal Affairs can arrange an exit visa. Then, those who came by invitation of a host organization can return through these organizations.
   Question: Who has the right to work without a permit?
   Answer: The categories of foreign nationals who do not need a work permit in Kazakhstan are heads of offices of foreign companies operating in Kazakhstan, foreign nationals coming on business for only 45 days or less, employees of foreign mass media that is accredited in Kazakhstan, officials of charitable and humanitarian organization registered in Kazakhstan, artists and athletes who work under contracts with government authorities in Kazakhstan, foreign nationals permanently residing in the Republic of Kazakhstan (with a residence permit), officially recognized refugees, and people who have been granted political asylum in the Republic of Kazakhstan.
   Question: How can one protect themselves at work?
   Answer: In the Republic of Kazakhstan the importation of foreign labor and work carried out by foreign nationals is prohibited without an appropriate permit.
   It is best that people have a work permit and a contract with an employer. One should be sure that the organization or company, which has invited him or her to work, has a valid license for foreign labor. Work permits are not required; however, for foreign nationals involved in individual trade and services, including the repair and construction of private housing.
   Question: Please explain the process of registration for temporary stay?
   Answer: Within five calendar days from the date of arrival in Kazakhstan one should register with the Immigration Police at the place of residence. To register one will need to have a migration card with a mark of entry into Kazakhstan and a passport.
   Question: Can a foreigner be a director of a Kazakh entity? What is needed for permission to do this?
   Answer: In accordance with the law of the Republic of Kazakhstan “On State Registration of Legal Persons and the Registration of Branches and Representative Offices”, registration of foreign entities should be carried out in accordance with the procedure established for appropriate registration. Current legislation does not prohibit foreign national from serving as leaders in a Kazakh entities.
   Question: In the beginning of the year I obtained a residence permit. In January 2008 I turn 25, which is the age that I need to update my documents. I am from Uzbekistan and registered for Kazakhstan there. In Uzbekistan I can no longer obtain a passport, and I am no longer a citizen of this republic. What should I do? If I change my passport in Kazakhstan, will I have residence?
   Answer: In order to change a foreigner permanently residing in the Republic of Kazakhstan’s type of residence one should contact the registration office of the Immigration Police.
   If you have any other problems, you can contact the staff of the Legal Center for Women's Initiatives “Sana Sezim” at their telephone hotline (+7 (3272) 56-27-32) to get free advice, as well as assistance by a lawyer or a psychologist.
   Address: The Legal Center for Women’s Initiatives “Sana Sezim”, 22 Respublica, Apt.4. Shahlo Yusupzhanova, social worker, the Legal Center for Women's Initiatives “Sana Sezim”.