Overstay in Kazakhstan: What to Do, the Penalties and When Expulsion Is Possible

Your visa or visa-free period has ended and you are still in Kazakhstan. It happens through a miscount of days, illness or a cancelled flight. The main rule is simple: do not put it off. The consequences depend on how long the overstay lasts, and each extra day can make matters more serious.

What an overstay can lead to

The main provision is Article 517 of the Code of Administrative Offences. Amounts use the 2026 monthly calculation index (MCI) of 4,325 tenge.

Note the repeat rules: even a short overstay, if repeated within a year, can lead to expulsion.

What to do, step by step

1. Count the days exactly. Check stamps, electronic records and your limit. For Turkish citizens it is 90 days in any 180; for Chinese citizens, 30 days per visit and 90 in 180. Our guide to counting days explains how.

2. Gather evidence of the reasons. If illness or a flight cancellation was the cause, keep medical papers, carrier statements and tickets. They do not automatically cancel the violation, but may matter when the case is reviewed.

3. Contact the migration service before leaving. Ask how the violation is handled in your case and what departure procedure applies. A last-minute attempt to fly out can end with a report at the airport and a lost ticket.

4. Do not ignore a report or court hearing. If a report is drawn up, read it carefully, do not sign what you do not understand and ask for translation if needed. What it says affects the outcome.

5. Comply with the decision on time. The court sets a departure deadline. Failing to comply with an expulsion order carries separate liability.

How expulsion works

Only a court can order expulsion. The Supreme Court describes it as self-departure that is either controlled or forced. Administrative expulsion cases are heard on the day the report is received, with the foreigner present, so there is little time to prepare. Costs fall on the person expelled or the inviting party.

The entry ban

After expulsion, entry is barred for five years. The Ministry of Internal Affairs confirmed this after Operation "Nelegal" in March 2026, reporting that entry was closed to everyone expelled. One caveat: sources differ on when the period starts, whether from the court decision or its execution, and article numbers in the law have changed. Check the date against your own decision. A fine, unlike expulsion, does not in itself mean such a ban, though the violation may be taken into account in later applications.

How to avoid a repeat

• Mark the end of your stay in a calendar with a margin.
• Know the visa-free entry rules that apply to your citizenship.
• If you plan to stay longer, consider a temporary residence permit early.
• Employers and hosts should know their own liability.

Every case is individual, and final decisions rest with state authorities and the court. If an overstay has already happened, describe the situation to Visa Navigator's specialists: we can help you review your documents and prepare for the next steps.

This material is for information only and does not constitute legal advice. Rules and practice change — verify the current requirements as of the date you apply.