The legal regime governing the stay of foreign citizens and stateless persons is an important element of migration control, public order, and national security. In the Republic of Uzbekistan, foreign citizens are required to comply with the established rules on entry, registration, movement, choice of place of stay or residence, transit passage, and departure after the expiry of the permitted period of stay.
Violation of these rules entails administrative liability. The main provision regulating liability for such violations is Article 225 of the Code of the Republic of Uzbekistan on Administrative Liability. In addition, provisions on administrative expulsion, enforcement of expulsion orders, and rules establishing liability for officials and receiving persons may also apply.
Article 225 of the Code of Administrative Liability covers several types of violations of the rules of stay by foreign citizens and stateless persons. These violations include:
|
Type of violation |
Description of violation |
|
Residence on invalid documents |
Staying on travel documents whose validity period has expired |
|
Violation of registration procedure |
Failure to comply with the established procedure for registration at the place of stay |
|
Violation of movement procedure |
Failure to comply with the rules of movement within the territory of the Republic of Uzbekistan |
|
Violation of the procedure for choosing a place of residence |
Unauthorized choice of place of residence or stay without complying with the established procedure |
|
Evasion of departure |
Failure to leave the Republic of Uzbekistan after the expiry of the permitted period of stay |
|
Violation of transit passage rules |
Failure to comply with the rules of transit passage through the territory of the Republic of Uzbekistan |
The object of the offence is the migration procedure established by the state. The objective element is expressed in an action or omission, for example: failure to submit documents for registration, residence on an expired passport, or violation of the deadline for departure or transit.
The subjects of liability are foreign citizens and stateless persons. At the same time, persons under the age of eighteen are not subject to administrative liability for violating the rules of stay in the Republic of Uzbekistan.
Amounts of Fines for Violation of the Rules of Stay
Liability depends on the duration of the violation. The longer a foreign citizen or stateless person remains in violation of the established procedure, the higher the amount of the fine.
|
Violation |
Fine |
|
Violation of the rules of stay for up to 10 days |
5 BCVs, approximately USD 175 |
|
Violation of the rules of stay for more than 10 days but not more than 30 days |
15 BCVs, approximately USD 525 |
|
Violation of the rules of stay for more than 30 days |
25 BCVs, approximately USD 875 |
BCV means the base calculation value, which is equal to UZS 412,000, approximately USD 35. When imposing a fine, the actual amount is calculated based on the BCV in force on the date of imposition of liability.
Liability of Officials and Receiving Persons
Administrative liability for violation of the migration regime may be imposed not only on the foreign citizen, but also on persons who are required to ensure compliance with the rules of stay.
Receiving persons should be understood as individuals and legal entities, as well as organizations, that invited a foreign citizen or stateless person to the Republic of Uzbekistan, received such person through their own channels, provided accommodation, or otherwise ensured their stay in the territory of the Republic of Uzbekistan. Such persons include, in particular, inviting citizens, employers, receiving organizations, tour operators, administrations of accommodation facilities and medical institutions, as well as owners of other residential premises.
First, officials are liable for violating the procedure for receiving foreign citizens and stateless persons. Such violation entails a fine of 25 BCVs, approximately USD 875.
Second, liability is imposed on the person who invited a foreign citizen to the Republic of Uzbekistan for private purposes. Such person is required to take measures to ensure the foreigner’s registration at the place of stay and to ensure the foreigner’s departure after the expiry of the established period of stay. Failure to perform these obligations entails a fine of 15 BCVs, approximately USD 525.
In addition, a fine of 15 BCVs, approximately USD 525, applies if a person provides a foreigner with residential premises, vehicles, or other services where this knowingly results in a violation of the rules of stay in the Republic of Uzbekistan.
Expulsion as a Consequence of Violation
One of the most serious consequences of violating the rules of stay is administrative expulsion. In accordance with Article 29¹ of the Code of Administrative Liability, administrative expulsion consists of the forced or controlled independent departure of a foreign citizen or stateless person from the Republic of Uzbekistan, followed by a restriction on the right of entry.
As a general rule, the period of restriction on the right of entry ranges from 1 year to 3 years. Administrative expulsion is applied by a district or city criminal court.
Under Article 225 of the Code of Administrative Liability, expulsion applies in two key cases:
|
Ground |
Consequence |
|
Non-payment of a fine for violation of the rules of stay |
Expulsion with restriction of the right of entry for 1 year |
|
Repeated violation of the rules of stay within one year after the imposition of an administrative penalty |
Expulsion with restriction of the right of entry for 3 years |
It should be noted that administrative expulsion does not apply to foreign citizens and stateless persons who have obligations to pay alimony to a citizen of the Republic of Uzbekistan.
Liability for Failure to Comply with a Court Order on Expulsion
If a court order on administrative expulsion has been issued against a foreign citizen or stateless person, such order is subject to mandatory enforcement.
Failure to comply with a court order on administrative expulsion constitutes a separate administrative offence under Article 225¹ of the Code of Administrative Liability. The sanction provides as follows:
|
Violation |
Sanction |
|
Failure to comply with a court order on administrative expulsion |
Fine from 75 to 100 BCVs or administrative arrest for up to 15 days |
This provision strengthens the binding nature of the judicial act and is aimed at preventing evasion of enforcement of the decision to leave the Republic of Uzbekistan.
Enforcement of an Administrative Expulsion Order
An administrative expulsion order is enforced by the competent authorities. In cases related to violation of the rules of stay, enforcement is ensured by the internal affairs authorities. In certain cases related to violations of the border regime, enforcement is carried out by the Border Troops of the State Security Service of the Republic of Uzbekistan.
Expulsion may be carried out in two ways:
Enforcement of an administrative expulsion order is documented by an act. This has important evidentiary significance, since it confirms the actual enforcement of the court decision and the start of the restriction period on the right of entry.
Compliance with the Rules of Stay in Uzbekistan
For foreign citizens and stateless persons, compliance with migration rules has not only formal but also practical significance. Violation of the period of stay, late registration, or untimely departure may result in a fine, entry ban, and subsequent difficulties in obtaining visas, work permits, residence permits, or other migration documents.
For receiving persons and organizations, proper documentation of invitation, registration, accommodation, and departure of a foreign citizen is important. Failure to perform these obligations may lead to administrative fines and additional inspections by the competent authorities.
Recommendations for Reducing Legal Risks
Foreign citizens are advised to:
Receiving persons are advised to:
LIABILITY FOR VIOLATION OF THE PROCEDURE FOR STAY IN UZBEKISTAN
Liability of Foreign Citizens and Stateless Persons
|
No. |
Type of violation |
Subject |
Liability / consequence |
|
1 |
Residence on travel documents whose validity period has expired |
Foreign citizen or stateless person |
Fine of 5 BCVs if the violation lasts up to 10 days |
|
2 |
Failure to comply with the established procedure for registration at the place of stay |
Foreign citizen or stateless person |
Fine of 5 BCVs if the violation lasts up to 10 days |
|
3 |
Failure to comply with the established procedure for movement within the territory of the Republic of Uzbekistan |
Foreign citizen or stateless person |
Fine of 5 BCVs if the violation lasts up to 10 days |
|
4 |
Failure to comply with the established procedure for choosing a place of residence or place of stay |
Foreign citizen or stateless person |
Fine of 5 BCVs if the violation lasts up to 10 days |
|
5 |
Evasion of departure from the Republic of Uzbekistan after the expiry of the period of stay |
Foreign citizen or stateless person |
Fine of 5 BCVs if the violation lasts up to 10 days |
|
6 |
Failure to comply with the rules of transit passage through the territory of the Republic of Uzbekistan |
Foreign citizen or stateless person |
Fine of 5 BCVs if the violation lasts up to 10 days |
|
7 |
Violation of the rules of stay for more than 10 days but not more than 30 days |
Foreign citizen or stateless person |
Fine of 15 BCVs |
|
8 |
Violation of the rules of stay for more than 30 days |
Foreign citizen or stateless person |
Fine of 25 BCVs |
|
9 |
Non-payment of a fine for violation of the rules of stay provided for in parts 1–3 of Article 225 |
Foreign citizen or stateless person |
Administrative expulsion from the Republic of Uzbekistan with subsequent restriction of the right of entry for 1 year |
|
10 |
Repeated violation of the rules of stay within one year after the imposition of an administrative penalty |
Foreign citizen or stateless person |
Administrative expulsion from the Republic of Uzbekistan with subsequent restriction of the right of entry for 3 years |
|
11 |
Failure to comply with a court order on administrative expulsion |
Foreign citizen or stateless person |
Fine from 75 to 100 BCVs or administrative arrest for up to 15 days |
|
12 |
Residence by a permanently residing foreign citizen or stateless person without an identification ID card / residence permit, or on a document subject to replacement due to expiry |
Foreign citizen or stateless person permanently residing in the Republic of Uzbekistan |
Fine of 0.5 BCV |
|
13 |
Repeated commission of the violation specified in row 12 within one year after the imposition of an administrative penalty |
Foreign citizen or stateless person permanently residing in the Republic of Uzbekistan |
Fine of 3 BCVs |
|
14 |
Damage to or loss of an identification ID card / residence permit or travel document of a stateless person |
Foreign citizen or stateless person permanently residing in the Republic of Uzbekistan |
Fine of 1 BCV |
|
15 |
Repeated damage to or loss of a document within one year after the imposition of an administrative penalty |
Foreign citizen or stateless person permanently residing in the Republic of Uzbekistan |
Fine of 5 BCVs |
|
16 |
Residence without registration at the place of residence or place of stay |
Foreign citizen or stateless person permanently residing in the Republic of Uzbekistan |
Fine of 3 BCVs |
|
17 |
Repeated residence without registration within one year after the imposition of an administrative penalty |
Foreign citizen or stateless person permanently residing in the Republic of Uzbekistan |
Fine of 5 BCVs |
|
18 |
Violation of the rules of stay by a person under 18 years of age |
Foreign citizen or stateless person under 18 years of age |
Not subject to administrative liability |
Liability of Receiving Persons, Officials, and Other Assisting Persons
|
No. |
Type of violation |
Subject |
Liability / consequence |
|
1 |
Violation of the procedure for receiving foreign citizens and stateless persons as provided by the rules of stay in the Republic of Uzbekistan |
Official of the receiving organization |
Fine of 25 BCVs |
|
2 |
Failure to take measures to ensure registration of a foreign citizen or stateless person at the place of stay |
Person who invited the foreigner to the Republic of Uzbekistan for private purposes |
Fine of 15 BCVs |
|
3 |
Failure to take measures to ensure departure of a foreign citizen or stateless person after the expiry of the established period of stay |
Person who invited the foreigner to the Republic of Uzbekistan for private purposes |
Fine of 15 BCVs |
|
4 |
Provision of residential premises to a foreign citizen or stateless person where this knowingly results in violation of the rules of stay |
Person who provided the residential premises |
Fine of 15 BCVs |
|
5 |
Provision of vehicles to a foreign citizen or stateless person where this knowingly results in violation of the rules of stay |
Person who provided the vehicle |
Fine of 15 BCVs |
|
6 |
Provision of other services to a foreign citizen or stateless person where this knowingly results in violation of the rules of stay |
Person who provided the relevant services |
Fine of 15 BCVs |
|
7 |
Allowing foreign citizens and stateless persons to reside without identity documents |
Persons responsible for compliance with the passport system rules |
Fine of 5 BCVs |
|
8 |
Allowing foreign citizens or stateless persons to reside without identity documents or without registration at the place of residence or place of stay |
Persons who allowed such persons to reside in the residential premises occupied by them |
Fine of 5 BCVs |
|
9 |
Repeated commission of the violations specified in rows 7–8 within one year after the imposition of an administrative penalty |
Persons responsible for compliance with the passport system rules; persons who allowed such persons to reside in the residential premises occupied by them |
Fine of 10 BCVs |
|
10 |
Violation of the procedure for attracting and using foreign labour in the Republic of Uzbekistan |
Citizens and officials, including employers / representatives of the employer |
Fine for citizens: from 5 to 10 BCVs; for officials: from 10 to 25 BCVs |
|
11 |
Repeated violation of the procedure for attracting and using foreign labour within one year after the imposition of an administrative penalty |
Citizens and officials, including employers / representatives of the employer |
Fine for citizens: from 10 to 15 BCVs; for officials: from 25 to 50 BCVs |