Is Dual Citizenship Possible in Kazakhstan, and What Are the Legal Limits?

ENTRANCE

Dual citizenship is a matter of significant implications for both individuals and states in many countries. Foreign investors, immigrants, or individuals living in different countries through marriage explore the advantages of holding multiple citizenships. So, is dual citizenship possible in Kazakhstan? If not, what are the legal limitations?

I. Legal Framework

Kazakhstan's citizenship regime is regulated by the "Law on Citizenship of the Republic of Kazakhstan." This law details the acquisition and loss of citizenship, as well as the rights and obligations associated with citizenship.

According to the law:

Dual citizenship is strictly prohibited.
Individuals who acquire Kazakhstani citizenship must renounce their previous citizenship.
If someone simultaneously holds citizenship of both Kazakhstan and another country, Kazakhstan recognizes only the principle of single citizenship.

II. Reasons for the Ban on Dual Citizenship

State Sovereignty: Kazakhstan wants its citizens to be bound only by its own laws.
Military Service and Public Service: Dual citizenship can lead to legal conflicts in military service and government employment.
Tax Obligations: The aim is to avoid creating double liabilities towards the two countries.
Security Policy: Aims to prevent political allegiances to foreign states.

III. What Happens If Dual Citizenship Is Detected?

Kazakhstani authorities may revoke citizenship if they discover that a person holds dual citizenship.
This situation results in the person losing their Kazakh citizenship.
Administrative fines and entry bans may also be imposed.
If appointed to a public office, their employment will be terminated.

IV. Situations Not to Be Confused with Dual Citizenship

Dual Citizenship: Holding citizenship in two countries simultaneously.
Multiple Citizenship: Having more than two citizenships.
Dual Residence: Holding citizenship in one country and a residence permit in another. (Possible in Kazakhstan, not to be confused with a citizenship ban.)

V. Exceptional Cases

While Kazakhstan generally does not accept dual citizenship, some special cases are debatable:

Children: Children whose parents are citizens of different countries may acquire temporary dual citizenship at birth. However, the child must choose single citizenship upon reaching the age of 18.
Citizenship by Marriage: A foreigner who marries a Kazakh citizen must renounce their previous citizenship if they wish to obtain Kazakh citizenship.
Investors: Exceptional citizenship opportunities may be granted to foreign investors who make high-investment claims; however, the principle of single citizenship still applies.

VI. Fictional Case Study

Person A is a Turkish citizen and has been living in Kazakhstan for a long time. After obtaining permanent residency through investment, they wish to become a Kazakh citizen.

Application: The obligation to renounce Turkish citizenship is reminded during the citizenship application process.
Situation: Person A declares that they wish to retain both Turkish and Kazakh citizenship simultaneously.
Result: The application is rejected because Kazakhstani law does not recognize dual citizenship.
Alternative: Person A can acquire Kazakh citizenship if they agree to renounce their Turkish citizenship. If they wish to retain their Turkish citizenship, they can continue to live in Kazakhstan with only a permanent residence permit.

This case demonstrates just how strict the ban on dual citizenship is in practice.

VII. Consequences of the Dual Citizenship Ban

Citizenship Revocation: Individuals found to hold dual citizenship will have their Kazakh citizenship revoked.
Disqualification from Public Service: They cannot hold public positions such as civil service or military service.
Preventing Legal Conflicts: A single citizenship system applies in areas such as taxation, military service, and voting.

VIII. Alternative Solutions for Foreigners

The impossibility of dual citizenship does not mean that foreigners lose all rights in Kazakhstan. Alternative legal statuses exist:

Permanent Residence Permit: Foreigners can live in Kazakhstan for many years without obtaining citizenship.
Work Permit: They can work legally in the country with an employment contract.
Family Reunification Visa: A way to obtain a residence permit for those who marry a Kazakh citizen.
Investor Status: Investors are granted special residency and work rights.

IX. Conclusion

Dual citizenship is not possible in Kazakhstan. The legal system adheres to the principle of single citizenship. Therefore, those wishing to acquire Kazakh citizenship must relinquish their current citizenship. However, foreigners can obtain long-term legal status in Kazakhstan through alternative avenues such as permanent residence permits, investor rights, and family reunification. The same rules apply to Turkish citizens. Therefore, the safest option for those wishing to retain their Turkish citizenship is to continue living in Kazakhstan with a permanent residence permit.

Gamze Akbulut, Law Faculty Student

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