Amendments to “Migration Code” and “The Law on State Fee”

The Law of the Republic of Azerbaijan No 1623-VQD of June 27, 2019 on makingan amendment to the Migration Code of the Republic of Azerbaijan and the Law of the Republic of Azerbaijan No 1624-VQD of June 27, 2019 on makingan amendment to the Law on State Feeentered into force on July 24, 2019.

According to the amendments foreigners and stateless persons temporarily staying in the Republic of Azerbaijan for more than 15 days shouldget registered upon place of stay within 15 days of arriving in the country. When a foreigner and stateless person changes his/her place of stay, he/she should get registered upon new place of stay within 5 working days from the date of arrival at the new address.

You can apply online for registration at www.migration.gov.az or in person to regional migration departments or “ASAN Service” centers.

In case the state fee for permit for temporary or permanent residence in the territory of the Republic of Azerbaijan, as well as work permit is not paid within 30 days from the last day of the period defined for consideration of the application for those permits, the permit shall be cancelled.

Foreigners and stateless persons temporarily residing at least 2 years without interruption in the territory of the Republic of Azerbaijan (without staying outside of the territory of the Republic of Azerbaijan for more than 90 days within 180 days) on the basis of the relevant permit on the grounds set out in Articles 45.1.1-45.1.7 of the Migration Code can submitapplication to obtain permit for permanent residence in the territory of the Republic of Azerbaijan.

Extension of the temporary staying period of the father, mother, spouse, child, brother or sister of a foreigner or stateless person in the Republic of Azerbaijan shall be considered as a ground for the extension of the temporary staying period of the foreigner or stateless person in the territory of the Republic of Azerbaijan.

The following new cases are considered as a ground for obtaining a permit for temporary residence in the territory of the Republic of Azerbaijan:

• In case he/she is considered a victim of human trafficking;
• In case he/she assists to criminal investigation bodies;
• In case he/she is involved by the relevant executive authorities (President of the Republic of Azerbaijan and the Cabinet of Ministers of the Republic of Azerbaijan);
• In case he/she is a military servant and specialist invited to service or work in the Armed Forces of the Republic of Azerbaijan and other armed units established  in accordance with the legislation of the Republic of Azerbaijan;
• In case he/she is an accredited employee of the mass media in the Republicof Azerbaijan;
• In case he/she is seaman;
• In case he/she is a professor, teacher and lecturer invited to deliver lectures courses at higher education institutions;
• In case he/she is an art worker, coach or athlete invited to work for the sport clubs officially registered by the relevant executive authority;
• In case he/she is a person involved in labor activity in cases specified by the relevant executive authority (President of the Republic of Azerbaijan);

Foreigners and stateless persons who are considered victims of human trafficking or assist to criminal investigation bodies are not required to obtain a work permit for carrying out paid labor activity in the territory of the country.

In case application is made to the State Migration Service on deregistration of a foreigner by theperson who has provided theplace of accommodation to the foreigner, the permit for temporary or permanent residence in the territory of the Republic of Azerbaijan shall be canceled unless no other documents on place of accommodation are submittedfor registrationwithin 10 working days.

When applications of foreigners and stateless persons for obtaining of a permit for permanent residence in the Republic of Azerbaijan are processed, the requirement on checking their knowledge of rights and obligations provided for by the laws of the Republic of Azerbaijan and of state language shall not apply to children under the age of 18, foreigners or stateless persons who are above the age of 65 or disabled persons of group I (if the relevant confirming document is submitted).

In case application is made on refusal of the maintenance by the person undertaken a commitment to maintain a foreigner (family members staying with him),the permit for permanent residence in the territory of the Republic of Azerbaijan shall be canceled, unless the foreigner does not submit another document on meeting minimum needs of himself/herself and family members staying with him/her within 10 working days.

In case of termination of person’s citizenship of the Republic of Azerbaijan, who holds citizenship of other state (states) along with citizenship of the Republic of Azerbaijan, that person should leave the country within 30 days from the date of receipt of the official information about it or should apply to the State Migration Service for obtaining a permit for temporary residence in the territory of the Republic of Azerbaijan, in case of existence of relevant grounds.

The list of foreigners, who have deposited in the banks money in the amount of at least 100,000 manats on the basis of a term deposit agreement, for obtaining a permit for temporary residence in the Republic of Azerbaijanshall be sent to the relevant bank by the State Migration Service within 3 working days. Incase decrease in the amount of term deposits of the foreigners indicated in that list is observed or the deposit agreement is terminated, the bank should inform the State Migration Service within 3 working days.

The persons who have invested at least 500,000 manats in the economy of the Republic of Azerbaijan will not be required a document confirming availability of funds required to meet minimum needs of themselves and family members staying with them in order to obtain a permit for permanent residence.

When applying for a permit for temporary residence in the territory of the Republic of Azerbaijan on the basis of close relationship with the citizen of the Republic of Azerbaijan or being a family member of the foreigner or stateless person temporarily (permanently) resided in the territory of the Republic of Azerbaijan, a foreigner should submit an application of consent of a citizen of the Republic of Azerbaijan who is his/her close relative or a member of his/her family who istemporarily (permanently) residingin the territory of the Republic of Azerbaijan.

                        Amendments to “The Law on State Fee” are as follows: