Basis for acquisition of citizenship of the Kyrgyz Republic

The international situation and political processes in the world have led to an increase in requests for the acquisition of citizenship of the Kyrgyz Republic. At the same time, it should be noted that we are talking not only about citizens of the Russian Federation, but also about citizens of other countries for various reasons and circumstances.

While the official data of the Ministry of Digital Development of the Kyrgyz Republic indicates that the number of those wishing to acquire citizenship of the Kyrgyz Republic has not increased significantly over the last month, it should be taken into account that we are talking about the number of applications for citizenship already applied for. However, the number of those interested in acquiring the citizenship of Kyrgyzstan, as well as the conditions and requirements of the legislation, is quite high.

Therefore, in this article we would like to give an extract from the legislation of the Kyrgyz Republic on the procedure for acquiring citizenship and the basic requirements, which may help to find answers to the basic and most frequently asked questions.

Citizenship in the Kyrgyz Republic is regulated by the Constitution of the Kyrgyz Republic, international treaties to which the Kyrgyz Republic is a party, the Law of the Kyrgyz Republic “On Citizenship of the Kyrgyz Republic” and normative legal acts adopted in accordance with the law.

According to Article 11 of the Law of the Kyrgyz Republic "On Citizenship of the Kyrgyz Republic", citizenship of the Kyrgyz Republic is acquired:

1. by birth;
2. as a result of acceptance of citizenship;
3. as a result of restoration of citizenship;
4. on the basis or according to the procedure specified in the international treaties to which the Kyrgyz Republic is a party, which have entered into force in accordance with the procedure established by law.

Here we will skip the issues of acquisition of Kyrgyz citizenship by birth and as a result of restoration of citizenship and focus on other basis specified in Article 11 of the Law of the Kyrgyz Republic “On Citizenship of the Kyrgyz Republic”.

The legislation of the Kyrgyz Republic includes conditions for acquiring citizenship under the general procedure and under the simplified procedure. Ley us dwell on each of them:

1) The general procedure includes conditions for admission to citizenship in the event that the applicant does not have reasons for the simplified procedure.

Pursuant to Article 13 of the Kyrgyz Republic Law on Citizenship of the Kyrgyz Republic, foreign citizens and stateless persons who have reached the age of 18 are entitled to apply for citizenship of the Kyrgyz Republic under the general procedure if they:

• have permanently, continuously resided in the territory of Kyrgyzstan for the last 5 (five) years at the time of application. The period of residence is considered uninterrupted if a person has left the Kyrgyz Republic for no more than 3 (three) months within 1 (one) year;
• have a sufficient command of the Kyrgyz or Russian language to communicate;
• undertake to comply with the Constitution and legislation of Kyrgyzstan;
• have a source of livelihood.

The period of residence of foreign nationals and stateless persons on the territory of the Kyrgyz Republic established above (5 (five) years at the time of application) is reduced to 3 (three) years if at least one of the following reasons exists:

• availability of high achievements in the field of science, technology, culture, also availability of a profession or qualification demanded in the Kyrgyz Republic. At the same time, representatives of the authorized state agencies cannot give clear explanations as to which professions or qualifications are in demand in the Kyrgyz Republic;
• investment in priority sectors of the economy of the Kyrgyz Republic. The investment procedure and amount of investment shall be approved by the Government of the Kyrgyz Republic. However, as of the date of publication of this article, the above investment procedure and amount of investment has not been approved;
• if they are recognised as refugees in accordance with the legislation of the Kyrgyz Republic.

2) The conditions for acquiring citizenship under the simplified procedure, which are of most interest to applicants, are now highlighted.

The agreement between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation on simplified procedures for acquiring citizenship was signed in Moscow on February 26, 1999 and ratified by Act No. 69 of the Kyrgyz Republic of July 31, 2000.

According to Article 1, paragraph 1 of the above Agreement, each Party shall grant the right to citizens of the other Party arriving for permanent residence in its territory under a simplified procedure if one of the following conditions exists:

1. if the applicant had the citizenship of the Belarus SSR, Kazakh SSR, Kyrgyz SSR or RSFSR and at the same time the citizenship of the former USSR, was born or resided in the territory of the Party of acquired citizenship before December 21, 1991.
2. if the applicant has one of the following close relatives permanently residing in the territory of the Party to be acquired and being its citizens: spouse, one of the parents (adoptive parents), child (including adopted), sister, brother, grandparent, grandson or granddaughter.

Pursuant to paragraph 2 of Article 1 of the aforementioned Agreement, the simplified procedure for acquisition of citizenship applies to citizens of Parties to the Agreement regardless of the period of residence in the territory of the Kyrgyz Republic. At the same time, the issue of renunciation of citizenship upon acquisition of the citizenship of the Kyrgyz Republic shall be based on free expression of will and/or in accordance with the legislation of both Parties.

If the applicant is not a citizen of the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation or does not fall under the above-mentioned conditions of the Agreement, other conditions of the simplified procedure for acquisition of citizenship as specified in Article 14 of the Law of the Kyrgyz Republic “On citizenship of the Kyrgyz Republic” may be considered.

Thus, the period of residence in the territory of the Kyrgyz Republic for an applicant for admission to citizenship of the Kyrgyz Republic is reduced to 1 (one) year if the applicant:

• has at least one parent with the citizenship of the Kyrgyz Republic and residing in the territory of the Kyrgyz Republic;
• was born in the Kyrgyz SSR and had the citizenship of the former USSR;
• is restored in the citizenship of the Kyrgyz Republic.

Furthermore, persons who are ethnic Kyrgyz, have citizenship of a foreign state, or are stateless, former citizens when returning for permanent residence in Kyrgyzstan, as well as foreign and stateless female citizens who have married a citizen of the Kyrgyz Republic and arrive for permanent residence in Kyrgyzstan, are granted citizenship without condition of residency in the Kyrgyz Republic if they:

• undertake to observe the Constitution and legislation of the Kyrgyz Republic;
• they have a source of livelihood.

While this article provides only the most basic information on the acquisition of citizenship of the Kyrgyz Republic, there are in fact many specific aspects and details set out in the various laws and regulations. It is also worth bearing in mind that each case is individual, so on the issue of acquisition of citizenship of the Kyrgyz Republic it is necessary to contact a qualified lawyer of LEX Law Firm, who will give you a clear picture.