SUB-REGIONAL OVERVIEW: CENTRAL ASIA SUB-REGIONAL OVERVIEW: CENTRAL ASIA Kazakhstan Laws Citizenship Law Jus sanguinis and jus soli provisions The Republic of Kazakhstan’s citizenship laws provide for both jus soli and jus sanguinis citizenship, which are outlined in the Law of the Republic of Kazakhstan on Citizenship of the Republic of Kazakhstan.450 Article 11 of the Law outlines that a child born to two Kazakhstani citizens will be granted citizenship by descent regardless of their place of birth.451 Children born inside of the territory of Kazakhstan will have citizenship if they have at least one parent who is a citizen of Kazakhstan according to Article 12 of the Law.452 However, Article 11(1) states that a child born to two parents of foreign citizenship will not have citizenship regardless of their birthplace.453 The Republic of Kazakhstan’s citizenship laws provide for both jus soli and jus sanguinis citizenship, which are outlined in the Law of the Republic of Kazakhstan on Citizenship of the Republic of Kazakhstan. Permanent residency is an additional condition of citizenship in Kazakhstan which narrows the scope of protection from statelessness under the Law.454 If a child is born outside of the territory, the child will have citizenship only if the parents are both citizens, or if at least one parent was a citizen of Kazakhstan and had permanent residence in Kazakhstan at the time of birth.455 Article 12 also stipulates that citizenship is determined upon written consent from the parents for children born to at least one parent who is a citizen but both parents permanently reside outside of Kazakhstan.456 If a child is born outside of the territory, the child will have citizenship only if the parents are both citizens, or if at least one parent was a citizen of Kazakhstan and had permanent residence in Kazakhstan at the time of birth. Kazakhstan’s Law on Citizenship of the Republic of Kazakhstan also includes provisions specifically for people affected by statelessness. Kazakhstan introduced a national statelessness 46 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) determination procedure in 2020, which determines the legal status of persons residing in Kazakhstan who do not have Kazakh citizenship or proof of citizenship elsewhere and can facilitate legalization of stateless persons’ stay in Kazakhstan.457 Even though a 2020 Order from the Minister of Internal Affairs of Kazakhstan stipulates that any non-citizen residing within the territory who does not have proof of citizenship elsewhere “shall be recognized as stateless persons”, one is often not granted stateless status due to inability to confirm their residence.458 Further, the requirement of showing documentation of absence or termination of citizenship in another state in order to obtain stateless status through the SDP presents a major barrier as states often do not administer such documents.459 If administered, state bodies of Kazakhstan also often do not accept many forms of such a document.460 This legislation leaves the burden of proof to stateless people, which can leave some in limbo as they are unable to acquire the required documents for the SDP.461 While the introduction of the SDP is a significant achievement for Kazakhstan, UNHCR has noted that gaps in safeguards in the SDP legislation remain, including lack of access to the procedure for those without documents proving permanent residence and lack of access to the right to an interview and the right to appeal a negative decision.462 Kazakhstan’s legislation currently does not protect the right to an interview, free legal aid, and the right to appeal first-instance negative decisions.463 For example, those whose citizenship applications have been rejected have the opportunity to appeal the decision, but the process to appeal is often drawn out.464 The 1954 Convention relating to the Status of Stateless Persons provides that stateless persons’ access to Kazakhstan introduced a national statelessness determination procedure in 2020, which determines the legal status of persons residing in Kazakhstan who do not have Kazakh citizenship or proof of citizenship elsewhere and can facilitate legalization of stateless persons’ stay in Kazakhstan the courts shall be equal to citizens of the state.465 UNHCR recommends Kazakhstan to ratify the 1954 Convention and adequately provide legal safeguards and equal access to the courts for stateless persons in Kazakhstan.466 The law also provides for those children who are born to two stateless parents within Kazakhstan will only have citizenship if their parents are permanent residents. Currently, the Law of the Republic of Kazakhstan on Citizenship of the Republic of Kazakhstan defines a stateless person as any person who is not a citizen of Kazakhstan and does not have proof of citizenship elsewhere, placing the burden of proof on the stateless person.467 Kazakhstan could further improve its legislation by bringing its definition of a stateless person in line with the definition provided by the 1954 Convention, which determines status of a potential stateless person by referring to national legislation on citizenship of the country the person has or had ties with.468 Naturalized citizenship In Kazakhstan, stateless individuals are eligible for naturalized citizenship on the same basis as foreigners.469 However, Article 32 of the 1954 Convention relating to the Status of Stateless Persons stipulates that such a process should be expedited for stateless persons.470 Naturalization can be achieved by stateless persons and foreigners alike by legally residing in Kazakhstan for a period of 5 years or being married to a citizen of Kazakhstan for three years.471 Part of the registration process for naturalization requires providing a criminal record, documentation regarding termination or absence of citizenship in a different state, as well as proof of permanent residency in Kazakhstan for the required period.472 Naturalization can be achieved by stateless persons and foreigners alike by legally residing in Kazakhstan for a period of 5 years or being married to a citizen of Kazakhstan for three years. 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