Lawyers of the Kalikova & Associates law firm have prepared an Information Letter about the latest changes in the legislation of the Kyrgyz Republic on foreign migration related to the registration of foreign citizens. The letter specifies that the Government plans to adopt a resolution that will provide the citizens of certain countries an exemption from registration for a period from 28 to 90 days on a reciprocal basis, but such a list as not been approved so far.

This document is intended for K&A clients and partners

This document is not a legal advice

INFORMATION LETTER

on recent changes in the external migration law of the Kyrgyz Republic

related to registration of foreign nationals

INTRODUCTION

On October 24, 2016 the President of the Kyrgyz Republic signed a Law “On amendments to the Law of the Kyrgyz Republic “On External Migration”, which entered into force on November 4, 2016. This Law provides that foreign nationals have to register with competent authorities of the Kyrgyz Republic within 5 business days from the date of crossing the state border of the Kyrgyz Republic, if the duration of their stay in the Kyrgyz Republic exceeds 5 business days .

At the same time, according to the said Law 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. As of November 23, 2016 the Kyrgyz Government has not approved such list yet. However, to the best of our knowledge, the Kyrgyz Government considers approval of such list and intends to adopt a resolution, pursuant to which nationals of certain countries will be exempted from registration for the period from 28 to 90 days on a mutual basis.

Please note that the registration requirement of foreign nationals staying in the Kyrgyz Republic for more than 5 business days had already existed earlier (prior to November 4, 2016). However, the law provided for exceptions for certain categories of foreign nationals and nationals of certain countries, as well as provided for the possibility to register with the hotels.

Foreign nationals, subject to visa free and simplified visa regimes and who arrived to the Kyrgyz Republic before entering into force of the aforesaid amendments, have to register upon expiration of the term within which they could stay without registration, i.e. upon expiration of 60 days.

Foreign nationals, who have been registered before November 4, 2016, are not obliged to reregister unless they changed their residence address in the Kyrgyz Republic or the term of their registration has expired.

REGISTRATION AUTHORITY

Registration of the foreign nationals is conducted by the Population Registration Department of the State Registration Service under the Government of the Kyrgyz Republic (the “SRS”):

• foreign nationals residing at Pervomaiskiy, Leninskiy, and Oktyabrskiy Districts of Bishkek City shall apply to Public Service Center 1, located at 95, Mira avenue, Bishkek (PSC 1);

• foreign nationals residing at Sverdlovskiy, Alamedinskiy Districts of Bishkek City shall apply to Public Service Center 2 located at 2, Cholpon-Atinskiy Street, Bishkek (PSC 2).

NECESSARY DOCUMENTS

Either an inviting party (entity or individual) or a foreign national himself/herself may apply for registration.

If an inviting party applies for registration, the following documents shall be submitted:

• letter (request) of the standard form, with indication of temporary residence address;

• passport of the foreign national (original and one copy);

• receipt on payment of the registration fee.

If a foreign national enters the Kyrgyz Republic as a tourist or on private business purpose, he/she shall submit the following documents:

• application of the standard form, with indication of temporary residence address, landlord’s information (passport details) and consent/signature ;

• passport of the foreign national (original and one copy);

• receipt on payment of the registration fee.

If a foreign national stays in the Kyrgyz Republic for employment purposes, he/she, in addition to the passport and receipt on payment of the registration fee, shall provide the copy of the work permit or certificate confirming submission of documents with the State Migration Office for work permit.

TERM OF REGISTRATION

As of today, pursuant to effective rules, the registration shall be for the period of validity of the entry visa (for foreign nationals arriving under entry visa) or for the duration of the tour, but not more than 1 month (for foreign nationals arriving as tourists under visa-free regime). However, we do not exclude that the SRS may shortly introduce new registration rules.

Please note that the Kyrgyz External Migration Law does not make it clear if a foreign national with a valid registration has to register again in case of his/her departure from and re-entry to the Kyrgyz Republic. We recommend to clarify this issue with the SRS on case-by-case basis taking into account specific circumstances. In the event of the SRS’s refusal to register in the presence of a valid registration, we recommend to request from the SRS a written confirmation on the absence of registration requirement (refusal in registration).