Every able-bodied and over 18 years old foreigner can work in the Republic of Azerbaijan after obtaining a work permit through juridical persons, physical persons dealing with entrepreneurship activity without establishing juridical persons, and branches and representations of foreign juridical persons employing him/her.
Principal conditions for carrying out paid labour activity by foreigners and stateless persons are the availability of vacancies which are not applied by a citizen of the Republic of Azerbaijan who has professional skills or qualifications required for such job, the inability of employment services to meet employers’ need in manpower at the cost of local labour resources.
Foreigners and stateless persons can carry out paid labour activity in the Republic of Azerbaijan after juridical persons, physical persons dealing with entrepreneurship activity without establishing juridical persons, and branches and representations of foreign juridical persons obtain a work permit for them.
Juridical persons, physical persons dealing with entrepreneurship activity without establishing juridical persons, and branches and representations of foreign juridical persons should employ foreigners and stateless persons only in their own working place and should conclude a labour contract in compliance with validity period of the work permit. Concluding labour contract with foreigners without obtaining a work permit is prohibited.
Applications regarding work permit are processed within the period provided by the Law of the Republic of Azerbaijan "On State Fee" in accordance with the amount of state fee paid under this Law.
Work permit is issued for 1 year or in case the labour contract is concluded for the period of less than 1 year it is issued for that period. Validity period of the work permit can be extended each time for not more than 1 year.
For extension of validity period of work permit employer should submit an application to the State Migration Service at least 30 days prior to its expiration.
State Migration Service revokes the work permit if the state fee for extension of validity period of work permit is not paid by the employer within 30 days or if issuance of permit for temporary residence in the territory of the Republic of Azerbaijan to a foreigner or stateless person is rejected.
The following foreigners and stateless persons are not required to obtain a work permit:
- those who possess permanent residence permit in the territory of the Republic of Azerbaijan;
- those engaged in entrepreneurship activity in the territory of the Republic of Azerbaijan;
- employees of diplomatic representations and consulates;
- employees of international organizations;
- managers of the organizations established under international agreements and their deputies;
- those employed by relevant executive power (President of the Republic of Azerbaijan and The Cabinet of Ministers of the Republic of Azerbaijan);
- military personnel and experts, invited to the service or work in the Armed Forces of the Republic of Azerbaijan and other armed groups, established in accordance with the legislation of the Republic of Azerbaijan;
- employees of media subjects accredited in the Republic of Azerbaijan;
- those who are seconded for a mission to the Republic of Azerbaijan with total duration of 90 days within a year on activity fields defined by the pertinent executive authority (The Cabinet of Ministers of the Republic of Azerbaijan);
- specialists in categories determined by the respective executive authority (President of the Republic of Azerbaijan) and invited by citizens of the Republic of Azerbaijan or legal entities incorporated in the Republic of Azerbaijan for the purpose of rendering services or performing works in fields determined by the respective executive authority (President of the Republic of Azerbaijan);
- sailors;
- professors and tutors invited to universities (higher educational institutions) for delivering lectures and lecturers;
- art workers, coaches and athletes invited to work in sport clubs and registered at relevant executive authority (The Ministry of Justice of the Republic of Azerbaijan);
- those who perform professional religious activities in the officially registered religious institutions;
- heads of branch offices and representations of foreign legal entities in the Republic of Azerbaijan and their deputies;
- heads of legal entities established in the Republic of Azerbaijan, at least one of the founders of which is a foreign legal entity or individual, and founders who own at least 51 percent of the share (interest) in the authorized capital of this legal entity (if they act in the legal entity created by them);
- those married with the citizen of the Republic of Azerbaijan, subject to registration of that citizen in the territory of the Republic of Azerbaijan at the place of residence;
- those, who applied for IDP status, received IDP status or was granted a political asylum;
- persons recognized as victims of trafficking or assisting criminal prosecution bodies;
- those who patronize citizens of the Republic of Azerbaijan under 18 years old or individuals who have become disabled due to 81-100 percent impairment of body functions;
- persons involved in labour activity in cases defined by the pertinent executive authorities (President of the Republic of Azerbaijan);
- persons working in the territory of the Alat Free Economic Zone in the authorized body, administrative institutions and legal entities of the Alat Free Economic Zone, as well as the founders of those legal entities;
- the resident of the technology park (in the case of a legal entity – the persons holding the positions of its director and deputies) and specialists in the field of information and communication technologies, attracted by this resident to work in the Republic of Azerbaijan;
- highly skilled migrants (if they work in their field of specialization).
In case of an early termination of a labour contract and lack of other grounds for labour migrant to stay in the Republic of Azerbaijan, she/he should leave the territory of the Republic of Azerbaijan within 10 working days.
Documents required for foreigners and stateless persons to issue (extension) work permit for engaging in paid labour activity on the territory of the Republic of Azerbaijan
The employer should submit the following documents in order to obtain a work permit:
- Application form sample of which approved by relevant executive authority;
- copy of the passport or other border crossing document of the foreigner and stateless person;
- Notarized copy of a document confirming that the foreigner and stateless person has the qualification required for fulfilling the considered job;
- Reference justifying the necessity to employ the foreigner and stateless person in the considered job;
Employer:
- In case of a legal entity – notarized copies of the charter of legal entity and certificates on state registration;
- In case of a physical entity/individual – notarized copies of identification document of the person and certificate of tax payer registration issued to the individual;
Reference certifying that the person is not carrier of a virus of any disease included in the list of dangerous infectious diseases approved by relevant executive authority;
Employer should submit the following documents for extension of work permit:
- Application form, sample of which approved by relevant executive authority;
- Notarized copy of a document confirming that a foreigner and stateless person has the qualification required for fulfilling the considered job;
- Reference justifying the necessity to employ the foreigner and stateless person in the considered job;
- Reference certifying that foreigner or stateless person is not a carrier of virus of a disease included in the list of dangerous infectious diseases (Human Immunodeficiency Virus Infection, Hepatitis B and Hepatitis C) approved by relevant executive authority.
Work permit is presented to the employer after submission of a document certifying payment of the state fee for such permit.
Sample of the application form: