documents, even if they are refugees. The landlord or employer of such a person is also liable for
heavy fines.213
Through its network of offices UNHCR aims to help stateless persons obtain documentation they need
for citizenship procedures from countries of previous residence, and to represent them where
appropriate. None of the States in the Central Asia region is party to the 1961 Convention but UNHCR
has an advisory role under its global mandate on statelessness and is ready to assist States with
information and training if requested. Development of fair statelessness determination procedures is a
priority target for UNHCR and the Working Group on nationality issues that it leads in the Kyrgyz
Republic. UNHCR stands ready to give similar assistance to other Central Asian States that request it.
3.2
Residence status
In each of the five States, foreigners with permission for permanent residence are entitled to choose
the place where they live in any part of State territory that is open to foreigners.214 This right extends
to foreigners officially recognised as stateless persons.215 In Kazakhstan, Turkmenistan and
Kyrgyzstan, stateless persons formally enjoy the same rights and obligations as nationals unless
otherwise stated in law.216
Stateless persons who have no official documentation and recognition, believed to be the majority in
the Central Asian region, do not enjoy these rights. Among stateless persons who are officially
recognised, different groups are sometimes treated differently in law.
Turkmenistan provides for the issue of permanent residence permits to stateless persons who arrived
from the CIS and registered on State territory before it introduced an entry visa system in 1999. It is
not clear what procedure is open to stateless persons who arrived after the introduction of entry visas,
or who came from outside the CIS.217
Kazakhstan and Kyrgyzstan require proof of financial solvency from stateless persons applying for
permanent residence. In Kazakhstan, this must be established by a bank statement confirmed by a
bank manager and in Kyrgyzstan, by an employer’s reference, shares certificates, etc.218 A 2003
Directive from the Kazakh Government details what financial solvency means in Kazakhstan. Using a
notional consumer index as a basis for the calculation, applicants must prove they have 1 million
213,080 Tenge, to support themselves for five years.219 If they have nowhere to live, they must show
213
Article 499, Part 1, 2009 Administrative Code of Tajikistan, No 1177 foresees fines 80 or 90 times the public index for
calculating tax, or deportation for a foreigner living without documents or with incorrect documents; Part 3 foresees fines ten
or 20 times the public index for calculating tax, or expulsion, for refugees who do the same. The employer or landlord of
such a person is liable to a fine of up to 40 times the tax index (Article 495) or up to 70 times the index (Article 470(5)).
214
Articles 4, 9 and 16, 1995 Law No 2337 ‘On the Legal Status of Foreigners’ in Kazakhstan; Articles 5, 11,12 and 19, 1993
Law ‘On the Legal Status of Foreigners’ in Turkmenistan, as amended in 2011; Articles 5,11, and 19, 1997 Law No 500 ‘On
the Legal Status of Foreigners’ in Tajikistan, as amended in 2009; Articles 5, 11 and 18, 1993 Law No 1296-XII ‘On the
Legal Status of Foreigners’ in Kyrgyzstan; Articles 2 and 3, Supplement No 2, 1999 Rules of Residence for Foreigners and
Stateless Persons in Uzbekistan, UP No 2240.
215
Article 29, 1995 Law No 2337 ‘On the Legal Status of Foreigners’ in Kazakhstan; Article 32, 1997 Law No 500 ‘On the
Legal Status of Foreigners in Tajikistan’, as amended in 2009; Article 29, Supplement No 2, 1999 Rules of Residence for
Foreigners and Stateless Persons in Uzbekistan, UP No 2240; Article 24, 1993 Law No 1296-XII ‘On the Legal Status of
Foreigners’ in Kyrgyzstan; Article 24, 1993 Law ‘On the Legal Status of Foreigners’ in Turkmenistan, as amended in 2011.
216
Article 9, 1995 Law No 2337 ‘On the Legal Status of Foreigners’ in Kazakhstan; Article 3, 1993 Law ‘On the Legal
Status of Foreigners’ in Turkmenistan, as amended in 2011; Article 3, 1993 Law No 1296 – XII ‘On the Legal Status of
Foreigners’ in Kyrgyzstan.
217
Article 6, 2005 Migration Law of Turkmenistan, as amended in 2011. A residence permit is the only lawful ground for
residence in Turkmenistan (ibid, Article 16).
218
2003 Regulation No 1185 ‘On Approval of the Rules for Confirming Financial Solvency during a Period of Residence in
the Republic of Kazakhstan of Foreigners and Stateless Persons who are Applying for Permanent Residence in the Republic
of Kazakhstan’; Article 7, 2008 Regulation No 626 ‘On the Procedure for Issuing Residence Permits in Kyrgyzstan’ (the
Regulation was amended on 12 February 2010).
219
According to the Kazakh Economy and Budget Planning Ministry, the average minimum monthly wage in July 2009 was
13,717 Tenge (90 US Dollars) or annually: 164,604 Tenge (1,080 US Dollars), see http://www.resurs.kz/news/detail/788.
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