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Legal status of foreign nationals

  1. Visa and Registration Requirements

 

Subject to the legislation of the Kyrgyz Republic,[1] foreign nationals and stateless persons may enter the Kyrgyz Republic for temporary or permanent residence on the basis of a visa, temporary or permanent residence permit.  

 

Visa Requirements and Visa-Free Travel

 

Initial issuance of all categories of visas is performed by diplomatic missions and consular offices of the Kyrgyz Republic.  

 

Below is a list[2] of the foreign countries whose nationals are subject to a simplified visa regime. The law provides that nationals of foreign countries included in this list are eligible to obtain Kyrgyz entry and exit visas from overseas diplomatic missions and consular offices of the Kyrgyz Republic and from consular offices in the Kyrgyz Republic at their personal request for a term of up to 90 days:[3]

 

  • Australia, the Republic of Austria, the Kingdom of Belgium, the Republic of Bulgaria, Bosnia and Herzegovina, the United Kingdom of Great Britain and Northern Ireland, the Republic of Hungary, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Denmark, the State of Israel, the Republic of Ireland, the Republic of Iceland, the Kingdom of Spain, the Italian Republic, Canada, the Republic of Cyprus, the Republic of Korea, the Republic of Lithuania, the Republic of Latvia, the Principality of Liechtenstein, the Grand Duchy of Luxembourg, the Republic of Macedonia, the Republic of Malta, Monaco, the Netherlands, the Kingdom of Norway, New Zealand, the Republic of Poland, the Portuguese Republic, the Republic of Romania, the Republic of Serbia, the Republic of Slovenia, Singapore, Slovak Republic, the United States of America, the Republic of Turkey, the Republic of Finland, the French Republic, the Republic of Croatia, the Republic of Montenegro, the Czech Republic, the Swiss Confederation, the Kingdom of Sweden, the Republic of Estonia, Andorra, Argentina, Brazil, Vatican City, Vietnam, the Kingdom of Thailand, the Kingdom of Saudi Arabia, Mexico, the United Arab Emirates, San Marino, the Philippines, the Republic of Albania, Brunei Darussalam, the Republic of Indonesia, Republic of South Africa, the Republic of Chile, the Bolivarian the Republic of Venezuela, the State of Qatar, the State of Kuwait, the Sultanate of Oman, the Kingdom of Bahrain, Japan.

 

Visa-free travel possibilities are granted on the basis of the legislation of the Kyrgyz Republic[4] and  international treaties to which the Kyrgyz Republic is a party. Nationals of the following countries may enter the Kyrgyz Republic visa-free:

 

  • Visa-free entry for up to 60 days for nationals of: the Commonwealth of Australia, the Republic of Austria, the Kingdom of Belgium, Bosnia and Herzegovina, the Vatican, the United Kingdom of Great Britain and Northern Ireland, Hungary, the Federal Republic of Germany, the Netherlands, the Hellenic Republic, the Kingdom of Denmark, Iceland, Ireland, the Kingdom of Spain, the Italian Republic, Canada, the Republic of Korea, Kuwait, the Republic of Latvia, the Republic of Lithuania, the Principality of Liechtenstein, the Grand Duchy of Luxembourg, the Republic of Malta, Monaco, New Zealand, Norway, the United Arab Emirates, the Republic of Poland, the Portuguese Republic, the Kingdom of Saudi Arabia, the Republic of Singapore, the Slovak Republic, the Republic of Slovenia, the United States of America, the Republic of Finland, the French Republic, the Republic of Croatia, the Czech Republic, the Swiss Confederation, the Kingdom of Sweden, the Republic of Estonia, the State of Qatar, the State of Brunei Darussalam, the Kingdom of Bahrain, Japan;

 

  • Visa-free entry for holders of all categories of passports of nationals of: the Republic of Armenia, the Republic of Azerbaijan, the Republic of Belarus, the Republic of Cuba, the Republic of Georgia,  the Republic of Kazakhstan , the Democratic People’s Republic of Korea, Malaysia (for the period from 1 month up to 3 months depending on purpose of stay), the Republic of Moldova,  Mongolia (up to 90 days), the Russian Federation, the Republic of Tajikistan, the Republic of Ukraine (up to 90 days), the Republic of Uzbekistan (up to 60 days), the Turkish Republic (up to 1 month), Vietnam, Lao People’s Democratic Republic.

 

  • Visa-free entry for up to 1 month for nationals holding diplomatic and service passports of: the Republic of Hungary, the Islamic Republic of Pakistan, the Islamic Republic of Iran (up to 30 days for holders of service passports), the People’s Republic of China, Turkmenistan, the Republic of Uzbekistan (up to 60 days), Singapore, the Republic of Korea, the Republic of Indonesia, the Republic of India (up to 90 days), the Republic of Romania (up to 90 days within a period of 180 days), the State of Kuwait (not exceeding 90 days per period of 60 months from the date of the first entry), the State of Qatar (up to 90 days).

 

  • Visa-free entry for nationals holding diplomatic passports of: the Republic of Austria, the Kingdom of Belgium, Canada, the Kingdom of Denmark, the Republic of Finland, the Republic of France, the Federal Republic of Germany, the Republic of Greece, the Republic of Iceland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Portugal, the Kingdom of Spain, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland,  the United States of America, the Slovak Republic (up to 30 days), the Republic of Poland (up to 90 days within a period of 180 days). 

 

Visa Categories

 

  • Diplomatic (issued to foreign nationals holding diplomatic passports and entering the Kyrgyz Republic for official purposes or for transit travel through its territory);

 

  • Service (issued to foreign nationals holding service passports and entering the Kyrgyz Republic for official purposes or for transit travel through its territory);

 

  • Business  (issued to foreign nationals entering the Kyrgyz Republic for business purposes); 

 

  • Investment (issued to direct  investors entering the Kyrgyz Republic with the intent to engage in investment activities and providing required supporting documentation that proves their production-related contribution of money and valuables into the economy of the Kyrgyz Republic of  USD 500 thousand );

 

  • Tourist (issued to foreign nationals entering the Kyrgyz Republic as tourists);                       

 

  • Work (issued to foreign nationals entering the Kyrgyz Republic for work under work permits);

 

  • Study (issued to foreign nationals entering the Kyrgyz Republic for study);

 

  • Private (issued to foreign nationals entering the Kyrgyz Republic for private purposes, such as visiting family and friends, undergoing medical treatment, permanent or temporary residence);

 

  • Religious (issued to foreign nationals entering the Kyrgyz Republic for cooperation with religious organizations with the consent of the public authority of the Kyrgyz Republic for religious matters;

 

  • Transit (issued to foreign national transiting through the Kyrgyz Republic to any third countries).  

 

Visas may be single-entry, double-entry, or multiple. A foreign national receiving a visa shall pay a state duty or a consular fee in the amount set by  the Government of the Kyrgyz Republic.[5]

 

Residence Permit 

 

A Kyrgyz residence permit is a document allowing foreign nationals and stateless persons to, temporarily or permanently, reside, stay, enter or exit from the Kyrgyz Republic visa free.

 

Under Kyrgyz legislation[6], foreign nationals or stateless persons residing in the Kyrgyz Republic for not less than 6 months may file with the local offices of the Department of Registration of Population under the State Registration Service under the Government of the Kyrgyz Republicclosest to the place of location an application for residence permit.

 

A Temporary residence permit is issued to foreign nationals or stateless persons in order to:

 

  • Work in the Kyrgyz Republic;
  • Study in an educational institution at the request of this educational institution and the Kyrgyz Ministry of Education and Science;
  • Pursue investment activities in the Kyrgyz Republic.

 

A Temporary residence permit is issued to foreign nationals and stateless persons for a term of 1 year with the possibility of subsequent extension for not more than 5 years.

 

The application for a temporary residence permit is generally reviewed within not more than 1 month.

 

Temporary residence permits are issued in the local offices of the Department of Registration of Population and Affidavits of Civil Status under the State Registration Service under the Government of the Kyrgyz Republic.

 

Permanent residence permits are issued to:

 

  • Those who have duly received a Kyrgyz permanent residence permit, including those who returned to the Kyrgyz Republic, whose Kyrgyz citizenship has been terminated in accordance with law;
  • Those who permanently reside in the Kyrgyz Republic but have not received Kyrgyz citizenship or whose Kyrgyz citizenship has been terminated in accordance with law;
  • Foreign nationals or stateless persons permanently residing in the Kyrgyz Republic upon the attainment of 18 years of age.

 

Foreign nationals are issued permanent residence permits for a term of 5 years, but not longer than the foreign passport validity period, and upon the attainment of 45 years of age for the entire validity period of the foreign passport. Stateless persons are issued permanent residence permits for a term of 5 years, and upon the attainment of 45 years of age, for an unlimited term.

 

The application for a permanent residence permit is reviewed within 1 year from the date of filing the application.

The permanent residence permits are given out in the Department of Registration of Population and Affidavits of Civil Status under the State Registration Service under the Government of the Kyrgyz Republic.

 

Upon receipt of the residence permit, foreign nationals or stateless persons must within 5 business days file for registration with the territorial  bodies of the Department of Registration of Population and Affidavits of Civil Status under the State Registration Service under the Government of the Kyrgyz Republic that are closest to the place of temporary or permanent residence.

 

Registration Procedure 

 

Foreign nationals and stateless persons (except foreign nationals exempt from registration) entering the Kyrgyz Republic for the period of more than 5 business days from the date of crossing the state border of the Kyrgyz Republic, must register a place of residence with the territorial subdivisions of the State Registration Services under the Government  of the Kyrgyz Republic. The Kyrgyz Government is entitled to approve a list of countries, the citizens of which may stay in the Kyrgyz Republic without registration for a longer period of time[7]

 

To work in the Kyrgyz Republic, foreign nationals or stateless persons must have a work permit. For more details on work permits for foreign nationals refer to Section 10. 

 

3.2    Basic Rights, Freedoms, and Obligations of Foreign Nationals 

 

Foreign nationals within the territory of the Kyrgyz Republic generally enjoy the same rights and bear the same obligations as the nationals of the Kyrgyz Republic.[8] Foreign nationals are equal under the law, regardless of sex, race, language, disability, ethnic origin, creed, age, political or other beliefs, education, social origin, property or other status, and other circumstances.

 

Foreign nationals are entitled to work when it is compatible with the purpose and timeframe of their visit to the Kyrgyz Republic, or when a respective permit has been issued, except for the nationals of the Eurasian Economic Union member states.[9] 

 

Foreign nationals permanently residing in the Kyrgyz Republic are entitled to social services and healthcare, and may join public associations of non-political purposes on the same grounds as nationals of the Kyrgyz Republic unless otherwise provided in charters (bylaws) of such associations. 

 

Foreign nationals have the same right to leisure as citizens of the Kyrgyz Republic, enjoy cultural benefits and have property and personal non-property rights and all other rights equivalent to nationals of the Kyrgyz Republic. 

 

A foreign national can freely move throughout the territory of the Kyrgyz Republic and choose a place of residence in the manner provided by Kyrgyz law. In which case, they are guaranteed inviolability of person and dwelling. 

 

Foreign nationals are required to pay taxes and charges on the same basis as Kyrgyz nationals, unless otherwise provided by Kyrgyz law.

 

Foreign nationals in the Kyrgyz Republic have the right to refer to court and other government bodies for protection of their personal, property, family and other rights. They enjoy the same litigation rights as Kyrgyz nationals.

 

Foreign nationals who commit crimes, administrative or other legal offences in the territory of the Kyrgyz Republic are subject to the same liability as Kyrgyz nationals.

 

A foreign national staying in the Kyrgyz Republic is provided with the opportunity to contact the diplomatic or the consular mission of his own country, or if such is not available, the diplomatic or consular mission of another country authorized to protect the rights and legal interests of nationals of his country of citizenship.

 

 

[1] The Law of the Kyrgyz Republic “On External Migration” dated July 17, 2000, No.61 (with the latest amendments as of  October 24, 2016 ).

[2] Resolution No. 87 of the Government of the Kyrgyz Republic on Approval of List of Foreign States whose Nationals are Subject to a Simplified Visa Regime dated February 7, 2009 (with the latest amendments as of July 23, 2015).

[3] Resolution No. 87 of the Government of the Kyrgyz Republic on Approval of List of Foreign States whose Nationals are Subject to a Simplified Visa Regime dated February 7, 2009 (with the latest amendments as of July 23, 2015).

[4] The Law of the Kyrgyz Republic “On Introduction of Visa-free Regime for Citizens of Some States for up to 60 Days” dated  July 21, 2012 No. 121 (with the latest amendments as of July 19, 2013).

 

[5] Resolution On consular fees and charges for actual expenses  No. 839 of the Government of the Kyrgyz Republic dated December 18, 2012. 

[6] Regulation on procedure for issuing temporary and permanent residence permits to foreign nationals and stateless persons in the Kyrgyz Republic approved by Resolution No. 626 of the Government of the Kyrgyz Republic dated  November 13, 2008 (with the latest amendments as of July 15, 2015 ).

[7] The Law of the Kyrgyz Republic “On External Migration” of July 17, 2000 No. 61 (with  the latest amendments as of  October 24, 2016).

[8] The Law of the Kyrgyz Republic “On Legal Status of Foreign National in the Kyrgyz Republic” dated December 14, 1993 No. 1296-XII (with  the latest amendments as of  October 11, 2011);

[9]Treaty on Eurasian Economic Union dated May 29, 2014.