Marriage between the citizens of Kazakhstan and foreignеrs
Today, marriages between the citizens of Kazakhstan and foreigners became more popular in our country. This is due to the fact that the entry and departure to and from the Republic of Kazakhstan became quite free, our citizens dynamically communicate with foreigners in business and personal spheres and also due to the development of migration. All these reasons led to a significant increase of the number of marriages between our citizens and foreigners. First of all, young people rise a question if it is permissible to register such kind of marriages on the Republic of Kazakhstan territory, what is needed for applying and what requirements are to be fulfilled.
According to the article 14 of the Republic of Kazakhstan Law "On legal position of foreigners” they are entitled to register marriage and divorce with the Republic of Kazakhstan citizens on the territory of RK. Also, in accordance with legislation and international agreements of RK they have the rights and duties in marital and family relations on the same basis as the Republic of Kazakhstan citizens.
Legislation of Kazakhstan determines the conditions, form and order of marriage registration for each of the intending spouses. Citizens must observe the restrictions for getting married, set by Kazakhstan legislation, such as involvement into a marriage, marriage age, absence of relationship, capacity, ect.
Marriage registration between Kazakhstan citizen and foreigner is held by the common rules in the department of justice (civil registry office) or in diplomatic mission, consular institution of a foreign state, a citizen of which is a person, desiring to get married.
Procedure of applying for marriage registration
In order to register the marriage firstly one must submit an application for marriage, drawn up in a written form. When applying to the Civil Registry Office for marriage registration, a foreigner should provide a permit for marriage from the competent authority of the state, a citizen of which he/she is, as there are cases when the marriage can be declared invalid in his/her home country without such an approval. But if the applicants insist on registration without such a permit, their marriage is to be registered any way.
Besides, applicants must also submit:
- citizen of the Republic of Kazakhstan, residing on the REK territory – identity card or passport;
- citizen of the Republic of Kazakhstan, permanently residing abroad- passport of RK citizen with a mark from consular institution abroad on registration as a citizen of the Republic of Kazakhstan permanently residing abroad;
- foreigner, permanently residing in RK- residence permit of a foreigner in the Republic of Kazakhstan;
- foreigner temporarily staying in the Republic of Kazakhstan- document, issued by the authority of internal affairs of the Republic of Kazakhstan, giving a permission for temporary residence in the RK;
- stateless person, permanently living in the Republic of Kazakhstan – identity document of a stateless person with a mark from internal affairs authority of the Republic of Kazakhstan on registration at the place of residence;
- stateless person, temporarily staying at the Republic of Kazakhstan – identity document, issued by the competent authority of his residence country and registered according to the established procedure in the internal affairs authorities of the Republic of Kazakhstan.
Registration of foreign citizens and stateless persons temporarily staying in the Republic of Kazakhstan is available online.
- Documents, confirming a necessity to reduce a prescribed marriage age.
- Information about previous marriages.
- Information about children (if any)
- Receipt on actual knowledge about health status and financial condition of each other, as well as on absence of impediments of entering into marriage
As a rule, one months after submission an application the marriage registration is to be held in personal attendance of intending spouses. Registration procedure is conducted in the order, established for state registration of civil status acts.
If a marriage between the Kazakhstan citizen and a foreigner is registered outside the Republic of Kazakhstan with statuary compliance of the state, where it had been registered, such marriage is also valid in Kazakhstan territory.
One should note, that it is prohibited to register a marriage in the Republic of Kazakhstan between:
- persons of the same sex;
- persons, who are already registered in other marriage ;
- close relatives;
- adoptive parents and adopted children, children of adoptive parents and their adopted children;
- persons, who have been recognized incapable due to the mental disease or dementia by the court decision, entered into a legal force.
If you are not referred to any of the above mentioned cases, but you were refused in marriage registration by any reasons, then the refusal may be appealed in court.
Last update: 26.07.2022