Registration of foreigners at the place of stay: deadlines and fines

People most often come with a question about registration of foreigners after the guest has already entered the country: a relative from a neighbouring country, an employee of the parent company, or a tenant of an apartment. It turns out that the notification of arrival is filed not by the foreigner themselves, but by the host party, and this must be done within a tight deadline.

From this article you will learn who the registration applies to and who it does not cover, within what deadlines the notification is filed, where to apply and which documents to prepare. We will separately look at the obligations of the employer and the landlord, the consequences of violations, and the procedure to follow if a fine has already been issued.

Registration of foreigners at the place of stay: what it gives and when it is needed

Registration of foreigners at the place of stay is being entered into the records at a specific address in Kazakhstan for a certain period. It confirms where the foreigner is actually located and differs from permanent residence: the latter presupposes a residence permit and long-term residence, whereas temporary registration is tied to the period of stay and is confirmed by the host party.

This is an entry in the records of the migration service about a foreigner's residence at the specified address. The legal position is regulated by the Law of the Republic of Kazakhstan on the Legal Status of Foreigners and the Law of the Republic of Kazakhstan on Migration of the Population. The records are kept through the host party: it files the information on arrival and is responsible for its accuracy.

• Confirms the address of the foreigner's actual location in Kazakhstan.
• Shows that the host party has officially accepted the foreigner.
• Provides grounds for extending the period of stay.
• Does not replace a residence permit or a temporary residence permit.
• Requires timely renewal together with the period of stay.

Who is affected by registration of foreigners: categories and exceptions

The obligation to register at the place of stay arises for a foreigner temporarily in Kazakhstan without a residence permit. Who must register depends on citizenship, the purpose and the duration of the visit. The host party — the owner of the accommodation, a hotel, an employer or another person who provided the place of stay — submits a notification of arrival, including through eGov.kz.

Citizens of EAEU states enter without a visa and benefit from a simplified procedure, but the registration obligation remains if the stay exceeds the period during which registration is not required. For citizens of other states, the regime depends on whether entry is visa or visa-free: for a short-term visit one set of rules applies, while for a longer stay registration is arranged for the entire declared period.

• foreigners temporarily in Kazakhstan without a residence permit;
• citizens of EAEU states staying beyond the period exempt from registration;
• persons who entered on a long-term visa;
• foreigners who have changed their place of stay within Kazakhstan;
• the exception is transit passengers and persons staying in the country for less than the established period;
• the obligation ends upon departure from Kazakhstan or upon obtaining a residence permit.

Time limits for registration of foreigners at the place of stay: the general rule

The time limit for registration of foreigners in Kazakhstan is counted from the date of actual entry as shown by the border service stamp. The general rule is set out in the Law of the Republic of Kazakhstan on the Legal Status of Foreigners and the Law of the Republic of Kazakhstan on Migration of the Population: the host party is obliged to notify of the arrival.

The deadline depends on the purpose of entry, citizenship, the existence of a visa-free agreement and onward travel to another locality. In a hotel, sanatorium or other place of accommodation, records are kept by the administration of the facility; in private housing, by the owner or tenant.

• from the date of entry as shown by the border service stamp
• on the purpose of entry: tourism, private visit, work, study, treatment
• on citizenship and the existence of an international visa-free agreement
• on the status of the place of stay: hotel, sanatorium, private housing
• on the moment of change of locality during the period of stay
• on whether the foreigner holds a document confirming the right to temporary residence

Registration of foreigners: where to apply and which documents to prepare

Registration of a foreigner at the place of stay is arranged by the host party — a citizen of Kazakhstan, persons permanently residing in the country, a legal entity or its branch, with whom the foreigner actually resides. The notification of arrival is submitted by the host party, including through eGov.kz. If there is no such party or it does not fulfil the obligation, the foreigner arranges registration himself or herself.

Documents are accepted by migration service units at the place of stay, public service centres and information services for submitting a notification of arrival. At the Public Service Centre, the application is accepted at the place where the foreigner is actually located, not at the place of entry. In Almaty, applications are accepted by district migration service units and the Public Service Centre at the address of residence.

• a foreigner's identity document with a valid expiry date
• a migration card, if one was issued on entry
• a document confirming the right to use the residential premises
• the receiving party's written consent to the foreigner's stay
• documents confirming the identity and status of the receiving party
• an arrival notification drawn up in the prescribed form

Registration of foreigners with the involvement of the receiving party: obligations of the employer and the landlord

Registering a foreigner at the place of stay is not only the guest's responsibility. The Law of the Republic of Kazakhstan on the Legal Status of Foreigners and the Law of the Republic of Kazakhstan on Population Migration place it on the receiving party: the hotel, the landlord, the employer, as well as citizens and organisations that have invited the foreigner to Kazakhstan.

The employer files notifications and registers the specialist at the address of stay. The landlord notifies the migration service under the prescribed procedure. The inviting person is responsible for the accuracy of the information and for compliance with the stated purpose of the visit.

If the notification is not sent on time, it is primarily the receiving party that is liable, so the areas of responsibility should be set out in writing:

• who exactly acts as the receiving party at the place of stay;
• the deadline for notifying the migration service after the foreigner's arrival;
• the procedure for action when the address or place of work changes;
• the obligation to keep supporting documents on the notification;
• liability for the accuracy of information about the foreigner and the purpose of their stay;
• the procedure for interaction if the foreigner leaves before the end of the permitted stay.

In practice, the dispute is almost never about the fact of residence, but about who exactly was the receiving party and whether the notification was filed on time. Documents confirming this step should be collected from the guest's first day of stay.

Registration of foreigners in practice: step-by-step procedure

Registration at the place of stay begins when the foreigner enters Kazakhstan. The receiving party — the individual or legal entity with whom they are staying — must notify the internal affairs bodies of the arrival, including through eGov.kz.

On first registration, the receiving party sends an arrival notification, and the foreigner receives confirmation of being registered. The period of stay is then extended if there are grounds. Keep the foreigner's documents and the receiving party's details to hand.

The step-by-step instructions for registration at the place of stay include several stages.

• Make sure the foreigner has a valid passport and lawful entry.
• Identify the receiving party — the person with whom the foreigner actually resides.
• Submit the arrival notification through eGov.kz or to the internal affairs bodies.
• Obtain confirmation of registration and check that the details are correct.
• If necessary, extend the period of stay before it expires.
• Keep the registration confirmation for the entire period of stay in the country.

Registration of foreigners: table of deadlines by category

The registration deadlines for foreigners depend on the legal regime of stay. They are set out in the table below by category so that the regimes are not confused.

The periods of stay depend on the basis of entry: tourism, private visit, work, study, family reunification. For visa categories the period is tied to the visa, for visa-free categories — to the period established by the legislation of the Republic of Kazakhstan or an international treaty. An error in the category leads to missing the registration deadline and an administrative fine, and on repeat — to the risk of an entry ban.

• Visa categories: the registration deadline is counted from the date of entry and does not go beyond the visa.
• Visa-free categories: the period of stay is determined on entry, and registration is within that period.
• Migrant workers: the period is tied to the permit to attract foreign labour.
• Students: the period is tied to the period of study and is confirmed by the educational institution.
• Family members: the period is determined by the status of the inviting person and documents confirming the relationship.
• Transit and tourism: short periods, registration is arranged within the minimum period.

Specific numerical values of the terms and amounts of fines are established by the legislation of the Republic of Kazakhstan and are checked when submitting documents.

Extension of registration of foreigners: when the term ends but the stay continues

Registration at the place of stay is issued for a term depending on the basis of entry and the status of the foreigner. When the term expires and the person remains in the country, the question of extending the registration arises. An extension does not create a new registration but changes the data on the period of stay. The application must be made before the old term ends, otherwise the person becomes an offender.

An extension is necessary when the circumstances of the stay change but the foreigner does not plan to leave: visa extension, conclusion or renewal of an employment contract, continuation of studies, treatment or accompanying a close relative. The term can only be extended with supporting documents, which the hosting party attaches to the application. The hosting party is responsible for the timeliness of the application.

Fines for violating the registration of foreigners: who is punished and for what

Liability for violating the registration of foreigners in Kazakhstan is based on several offences. The basic rules of stay are determined by the Law of the Republic of Kazakhstan on the Legal Status of Foreigners and the Law of the Republic of Kazakhstan on Migration of the Population, while the offences and sanctions are set out in the Code on Administrative Offences. Both the foreigner and the hosting person bear liability.

A fine for the absence of registration is imposed when a person lives without being registered or fails to comply with the deadline for arranging it. A separate offence is the discrepancy between the actual address of stay and the declared one. Punishment for late registration also applies to untimely extension or amendment of registration upon moving.

Violations of registration of foreigners: table of consequences

Violations of registration rules entail administrative measures: a protocol, a decision, and in case of repetition, stricter sanctions.

The consequences depend on who violated what: the foreigner, the hosting party, or both. Administrative measures are provided for both the guest and the host.

An entry ban is a separate risk: it does not replace an administrative fine and may apply independently of it. The table below brings typical situations and consequences together in one picture.

• failure to submit or late submission of a notification of arrival;
• residing at an address other than the one stated in the notification;
• discrepancy between the data in the notification and the actual circumstances;
• failure by the host party to notify of the foreigner's departure;
• absence of documents confirming registration during an inspection;
• a repeat violation within the period established by law.

The specific time limits and types of penalties are determined under the Administrative Offences Code of the Republic of Kazakhstan taking into account the circumstances; the amounts of fines are not given in the article.

Disputed situations with registration of foreigners: what to do if a fine has already been issued

If a penalty for violation of the rules on registration of a foreigner has already been imposed, but you disagree with it, rely on the Code of the Republic of Kazakhstan on Administrative Offences: it sets out both the offences and the procedure for appeal. The first step is to obtain the decision imposing the penalty and study it: who drew it up, which provision is charged, which circumstances were recorded. The content of the complaint and the list of evidence depend on these details.

A fine for the place of stay can be challenged through a higher authority or through a court by filing a complaint within the time limit established by the Administrative Offences Code of the Republic of Kazakhstan from the moment a copy of the decision was served. The complaint sets out the grounds for disagreement: absence of the event of the offence, breach of the procedure for drawing it up, incorrect classification, existence of circumstances excluding liability. Documents confirming the position are attached to the complaint.

• obtain a copy of the decision and record the date of service — the appeal period is counted from it
• check whether the alleged violation corresponds to the actual circumstances and to the provisions of the Law of the Republic of Kazakhstan "On the Legal Status of Foreigners"
• collect evidence of the foreigner's residence at the address: lease agreement, confirmation from the host party, documents on the stay
• file a complaint with a higher authority or with a court within the established time limit, setting out the grounds for disagreement
• appoint a person responsible for timely notification of the migration service of the foreigner's arrival and departure
• keep a register of foreigners with copies of documents so that compliance with the procedures can be confirmed during an inspection