Topical questions of temporary registration

Top questions on temporary registration

1. Each citizen should be registered at the place of residence (permanently and temporarily). This is only possible if a person owns a housing or under the consent of a housing owner. What if a person doesn`t own a housing and a housing owner does not grant a consent?               

Pursuant to Articles 23, 24 of the Law of the Republic of Kazakhstan "On Housing Relations", an owner or a person authorized by an owner to rent housing is obliged to register persons living in the rented housing in accordance with the procedure established by the legislation of the Republic of Kazakhstan.  

If an owner refuses to register individuals living in a housing, building and (or) premise belonging to him/her, an owner will be brought to administrative responsibility under the Article 493 of the Code of the Republic of Kazakhstan "On Administrative Offenses".   

2. The question regarding temporary registration in houses that have not passed the state commission due to the fault of a developer, while residents have only technical passports. How can a person get temporary registration? If it is not possible, will a person be brought to responsibility?

It is true that currently there are issues related to troublesome houses that have not been commissioned by construction organizations, but nevertheless real-estate developers illegally provided housing to citizens without issuing title documents for such housing.

Lack of the documents excludes the possibility of registering them at the place of residence or at the place of temporary residence in accordance with the established procedure (Clause 4 of the Rules for Registration of Internal Migrants approved by the Decree of the Government of the Republic of Kazakhstan as of December 1, 2011 No. 1427), which in turn entails administrative liability under Article 492 of the Code of the Republic of Kazakhstan on Administrative Offenses, i.e. "Residence in the Republic of Kazakhstan without registration or without identity documents".

However, pursuant to Article 11 of the Code of Administrative Offenses, an individual is subject to administrative responsibility only for those offenses in respect of which his/her guilt is established. Administrative liability for crimeless infliction of harm by an individual is not allowed.

In this regard, given that the residence of citizens without registration in residential buildings that have not been commissioned for reasons beyond their control is a crimeless act, this category of citizens will not be brought to administrative responsibility.

3. A list of documents is required for temporary registration. Will it be necessary to visit "Government for Citizens" State Corporation (hereinafter: State Corporation) to get a certificate and collect some other documents or should one visit the Migration Department?

Currently, citizens can register not only in CSC, but also through the e-Government Portal through submitting an electronic request and certifying it with your own digital signature and the one of housing owner.

Registration of citizens is carried out by employees of the State Corporation in the CSC online at the time of application submission.  

Today, both temporary and permanent registration requires only the consent of a housing owner, ID card (personal presence is required), ID card of a person being registered.

The registration is free-of-charge.  

4. Is temporary registration in hospitals carried out in CSC branches or is it possible to register on the spot? Is a housing owner needs to do this or is the procedure the same as for hotels?

Hotel guests are registered on the common grounds established by the law. In this case, the responsibility for registration lies with the owners of hotels and guests.

Citizens staying in the hospital, who have health issues with a persistent disorder of body functions that restricts their vital activity, if necessary, can get a service at their place of stay (Order of the Minister of Internal Affairs of the Republic of Kazakhstan as of March 30, 2020 No. 267 "On approval of the Rules for the provision of public services on documentation and registration of the population of the Republic of Kazakhstan").

In this case, a service recipient requests a visit from a service provider through calling the Integrated Call Center 1414 (+7 7172 906 984).

To perform registration, it is necessary to provide a request of an institution (organization) with an indication of ARC (address registration code for real estate object).

5. Should a person register, if s/he registered in Almaty at one address, but lives at another one within the city?

Yes, a person needs to register if s/he has been living at the place of temporary stay for more than one month. Registration at the place of permanent residence remains.

6. Does temporary registration apply to children and from what age?

Pursuant to the Decree of the Government of the Republic of Kazakhstan as of December 1, 2011 No. 1427 "On approval of the Rules for registration of internal migrants and amendments to some decisions of the Government of the Republic of Kazakhstan", children under the age of 16 are not subject to registration at the place of temporary stay (residence).

7. Is the square area of the living space taken into account during temporary registration?

Today, there are no restrictions on the number of registered persons per address.

Pursuant to Article 493 of the Code of Administrative Offences, the housing owners or other persons in charge of accommodation, buildings and (or) premises are held responsible for registration of individuals who do not actually live in the housing, buildings and (or) premises owned by an owner or being in charge of other persons.

 

 

Last update: 04.07.2022