Date of publication:

02/26/2025

Kyrgyzstan

Do domestic laws and policies require the State to provide administrative assistance in the context of family reunification when assistance by the authorities of the country of origin is not possible?

ANALYSIS

Assessment by population

Assessment by population
IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

There is no legal framework in the Kyrgyz Republic that obliges the state, in providing administrative assistance to asylum seekers in the context of family reunification, to also issue official documents or certificates, usually issued by the authorities of the refugee's country of origin, which may be required to confirm the composition of the family for the purpose of family reunification or may otherwise be required for the application process, as well as confirmation of the authenticity of documents issued in the country of origin. 

The current legislation provides for the issuance of documents confirming the registration of civil status acts if these acts took place on the territory of the Kyrgyz Republic. According to the Law of the Kyrgyz Republic On acts of civil status dated August 1, 2020 № 110 and the Instruction on the procedure for state registration of acts of civil status approved by the Resolution of the Government of the Kyrgyz Republic dated March 11, 2021 № 90, the unified registration system covers the territory of the Kyrgyz Republic, as well as diplomatic missions and consular offices abroad. Authorized bodies issue documents only if the act is registered on the territory of the Kyrgyz Republic. This means that refugees cannot count on confirmation or replacement of documents issued outside the country. The issue of family reunification of refugees also has limited legal regulation. The Law of the Kyrgyz Republic On Refugees of March 25, 2002 № 44 does not impose obligations on the state to provide administrative assistance in this matter. The state only assists asylum seekers in obtaining information about relatives living in the country of their citizenship (Article 6). In addition, paragraph 18 of the Regulation on Work with Refugees approved by the Resolution of the Government of the Kyrgyz Republic of April 4, 2003 № 188 directly obliges family members who arrived in the territory of the Kyrgyz Republic separately to provide documentary or other evidence of family relations. In this case, the application must indicate the purpose of "family reunification", which imposes an additional obligation on applicants to confirm kinship. 

The procedure for filing an application for refugee status also provides for strict requirements for documents. According to the Law "On Refugees", an application is accepted only if there are documents certifying the identity of the applicant and his family members. If there are no such documents, the applicant is obliged to provide an explanation for their absence or present other evidence. Thus, the responsibility for providing the necessary documents lies entirely with the applicants. 

As for obtaining entry visas, the Instruction on the procedure for issuing electronic visas does not provide for any benefits or simplifications for asylum seekers. All persons entering the territory of the Kyrgyz Republic undergo the procedure for issuing electronic visas on a general basis, without concessions or reductions in fees for this category of citizens. 

Thus, the existing legislation of the Kyrgyz Republic in the field of providing asylum and protecting refugees does not provide for measures aimed at simplifying the situation of refugees, such as replacing documents, administrative assistance in family reunification, or a simplified entry procedure. The responsibility for fulfilling all requirements, including proof of family ties and provision of documents, lies solely with the asylum seekers themselves.