Kazakhstan has changed the migration regime for foreigners. 

The obligation of a foreigner to register within 5 days of arrival has been removed. The responsibility for staying without registration has been abolished. It is expected that the changes will reduce the number of fined and deported for violating the law. Now a foreigner can stay in Kazakhstan for 90 days, i.e. enter three times for 30 days. 

The Committee of the Migration Police of the Ministry of Internal Affairs of the Republic of Kazakhstan, the National Security Committee of Kazakhstan and the Atameken National Chamber of Entrepreneurs agreed to prepare a memo of questions and answers on innovations in migration legislation.

"Despite the changes, the responsibility for notifying the competent authorities of foreign nationals in residence remains with the receiving authorities. The market has tactical questions about the mechanism, how all this will be implemented. All market issues will be directed to the National Security Committee of Kazakhstan and the Ministry of Internal Affairs," Yuliya Yakupbaeva, Deputy Chairman of the Board of Atameken, said.

It should be noted that the notification procedure for the receiving party has been in force since 2017. There are two ways to send a notice to the migration service: in writing to the migration service bodies, via the e-government to the visa and migration portal. 

"If the foreigner's stay exceeds 30 days, a temporary residence permit must be issued, which is also issued by the receiving person. In the case of a migrant worker, the permit is issued for the duration of the employment contract. In case of a private visit, the permit is issued for up to 60 days. In general, the period for which a permit is issued depends on the purpose of stay, but should not exceed 1 year," Sabyrzhan Seitzhanov, Acting Chairman of the Committee of the Migration Service, explained in the report.

 These changes have left open the question of who is specifically responsible for sending the notification - the inviting (travel agency) or the receiving (accommodation) person. Both parties are legally obliged to give notice. 

"But, if a tourist was invited by a tour operator, and on arrival, he lives in a hotel, the demand for notification will be from the hotel. This double norm also needs additional elaboration," Seitzhanov said. 

Previously, hotels were against providing notification and registration services to foreigners. And those who provided services - charged additional fees, because the process was time-consuming. A heavy load is imposed on large hotels, where up to 100 guests can check in a day. 

"Is it possible within the framework of the Visa and Migration Portal to ensure the possibility of sending notices to a group of tourists, instead of each tourist, with one file, as it is done on paper," Rysty Karabayeva, the President of the Eurasian Association of Tourism, asked.

According to the state body, the decision will be the E-Hotel program, implemented by NC Kazakh Tourism JSC together with the National Security Committee of Kazakhstan. If hotels everywhere start using the program, the notification at the entry of the foreigner will leave the migration service automatically. So far, the business has been recommended to send a proposal to the Ministry of Digital Development and NIT JSC.

Entrepreneur Kanat Yeleusizov asked whether every owner of a hotel, hostel or apartment should notify the Migration Service if a foreigner changes his or her place of residence within the established 30-day period. 

"If tourists have arrived in their cars, the so-called caravanning, and do not live in the places of accommodation - who must notify them? It's also a question about camping sites. And is there any feedback when an electronic notice is sent, for example, a certificate of receipt of this notice?" Kanat Eleusizov asked. 

According to the new rules, every time you change your place of residence, the host (hotels, hostels, rental apartments, health care facilities, individuals, etc.) must notify the foreigner within three working days. In case it is not possible to submit the notification via the Internet, it must be sent by post.

It is not apparent how CIS tourists who travel on domestic passports filled in Cyrillic script will be processed. In this case, the National Security Committee of Kazakhstan recommended that the notice should be sent in writing. They specified that the problem is being studied by the Interior Ministry and the National Security Committee of Kazakhstan.  

In turn, Yuliya Yakupbaeva focused on the main issue of which requisites to pay fines in case of violations. Will there be no queues when crossing the border? And whether tourists will stay being taken off the flights while waiting for the court decision.

"At airports, you can pay the fine via the terminal. In this case, the foreigner has the opportunity not to pay the fine immediately, but to pay within 30 days, for example, in cases where there is no terminal at the checkpoints. A special receipt with the appropriate details is given to the tourist in his hands. If the foreigner pays the fine on the spot, a special border guard officer will accompany him to the terminal and assist in this procedure. At the same time, queues and inconveniences for other foreigners crossing the border should not be created. This is a violation of border crossing procedures and such cases should be reported to the National Security Committee of Kazakhstan. For this purpose, all the checkpoints have relevant information, including WhatsApp numbers, where photos, video and audio materials can be sent," the representatives of the National Security Committee of Kazakhstan said.  

Summing up, Yulia Yakupbaeva asked to actively send all available questions to the Atameken NCE RK for further study and receipt of answers.