The certain work is carried out to increase responsibility for violating migration legislation: State Migration Service Chief Mr. Arzu Rahimov    


Q: The "Single Window" Principle has started to be introduced in Azerbaijan to regulate the migration processes. What results have been achieved in this regard?

 

A: As a result of successful political and economical reforms in Azerbaijan, the improvement of living standards and intensive development that occurs in all spheres, the number of foreigners arriving in Azerbaijan significantly increases every year. In order to strengthen state control over this sphere, the necessary regulations have been adopted a number of institutional and organizational measures have been taken. In addition, online information resources have been established to improve the services regarding to arrival and departure of foreigners and their residence registration.

 

As you know, on March 4, 2009 the President of the Republic of Azerbaijan Mr. Ilham Aliyev signed a decree on the implementation of the "Single Window" principal migration processes on management in order to improve the mechanism of migration management, provide foreigners and stateless persons arriving in the Republic of Azerbaijan with permissions for residence and legal labour activities in the country, simplify their registration for residency and ensure transparency in this regard.

 

According to the Presidential decree, from July 1 the "Single Window" Principle is started to be implemented in the field of migration management. Thus, after implementation of the Presidential decree, the number of appeals to the Service has increased, a serious monitoring mechanism has been established for the implementation of the "Single Window" principle. For this purpose, the documents received by the State Migration Service are registered in a centralized manner and each appeal is approached individually.

 

I also would like to present to your attention that, due to the difficulties in the procedures for obtaining relevant permissions and registration, foreigners and stateless persons coming to the Republic of Azerbaijan still have to appeal to various agencies.

 

After implementation of the decree signed by President Mr. Ilham Aliyev, the procedure of granting permissions for residence and legal labour activity to the foreigners and stateless persons arriving in the Republic of Azerbaijan has been completely simplified. That is, from 1 July 2009, foreigners and stateless persons arriving in the Republic of Azerbaijan will only appeal to the State Migration Service instead of several agencies.

 

In addition, transparency has been fully ensured in the process of granting permissions for residence and legal labour activity to the foreigners and stateless persons arriving in the Republic of Azerbaijan.

 

That is, from the date of implementation of the "single window" principle, foreigners and stateless persons, who have permissions for temporary or permanent residence in the Republic of Azerbaijan may leave the territory of the country or return without any visa, with the help of ID card (passport or certain identity documents of persons who are not citizens) and on the basis of certificates issued by the State Migration Service.

 

Q: What are the rules for determining a term for foreigners to stay in Azerbaijan?

 

A: Term of stay in the country for foreigners or stateless persons, arriving in the Republic of Azerbaijan under visa regime is being determined by the period of stay in the country specified by the visa. Term of stay in the country for foreigners and stateless persons arriving to the country under non visa regime, is 90 days.

 

Foreigners and stateless persons should apply to the State Migration Service at least 22 working days before expiration of the temporary staying period, if they would like to extend the temporary staying period. Of course, the temporary staying period of foreigners and stateless persons can be extended in the following cases:

 

·     If foreigners and stateless persons need necessity for urgent treatment in Azerbaijan Republic;

·     The foreigners and stateless persons close relatives residing in Azerbaijan Republic are seriously ill or died;

·     In case of incompleteness of the intended work connected with official necessity.

·     Temporary staying period of foreigners and stateless persons can be extended to one month, from one to two months and from two up to three months.

 

Q: Mr. Rahimov, under what circumstances and terms permission for a temporary residence is granted?

 

A: Permission for temporary residence in the Republic of Azerbaijan for foreigners and stateless persons can be issued in the following cases:

 

·     Close alliance with the citizen of the Republic of Azerbaijan;

·     Marriage with the citizen of the Republic of Azerbaijan;

·     Investment in the amount of 500.000 AZN in the Azerbaijan economy;

·     Deposit in the amount of 50.000 AZN in any banks of Azerbaijan;

·     Obtaining work permit to be engaged in labour activity in the territory of the Republic of  Azerbaijan;

·     Full-time education at the Universities of the Republic of Azerbaijan; 

·     High qualified specialist in the fields of economy, industry, defense, culture, sport, etc.

 

Permission for temporary residence in the territory of the Republic of Azerbaijan can be granted to foreigners and stateless persons for up to three months, six months and one year.

 

Q: How is the problem of granting immigrant status to foreigners solved? How many people have been now granted this status?

 

A: In order to get an immigrant status a foreigner should get permission for temporary residence in the country according to Paragraph 7 of Article 5 of the Law on "Legal Status of foreigners and stateless persons of the Republic of Azerbaijan”.

 

Foreigners and stateless persons aged over 18 years residing legally in the territory of the country at least 2 years may apply to the State Migration Service to obtain permission for permit residence (immigrant status).

 

Currently, State Migration Service conducts the registration of foreigners and stateless persons for the place of residence while granting them permissions for temporary and permanent residence, also work permits.

 

Q: What kind of problems exists with labour migrants? How many migrants have been issued work permit to work in the country? Has the quota been determined for migrant workers?

 

A: One of the requirements related to the realization of Decree № 69, dated March 4, 2009 on implementation of "single window" principle in the management of migration processes is to determine quotas for labour migration taking into account the needs of the domestic labour market and in the labour force on the branches of economic activity.

 

The necessary activities in this direction are underway. According to the "regulation on determination of quotas for labour migration" approved with decision №. 86, dated June 4, 2009 by the Cabinet of the Ministers of the Republic of Azerbaijan joint works are underway with the relevant state agencies.

 

Q: Is it planned to increase penalties for violations of immigration law?

 

A: Firstly, I would like to mention that the penalties against foreigners and stateless persons residing in the country illegally or without registration have been increased tenfold since last year, especially the amount of the fine for violating the regulations on residence or transit passage through the territory by the foreigners and stateless persons (and it is possible to remove (expatriate) such persons outside of the country), as well as the officials violating migration laws.

 

Along with this, penalties against persons providing foreigners and stateless persons with the living space and not taking relevant measures on their registration and exclusion from registration have been increased several times. I think it will be beneficial in preventing law violations

 

As a state agency implementing sate control in the field of migration over the observance of requirements of the legislation of the Republic of Azerbaijan by foreigners residing temporarily and permanently in the territory of the country, State Migration Service involves foreigners and stateless persons violating demands of existing legislation to the administrative responsibility and takes measures on their leaving the territory of the country.

 

Finally, I would like to mention that, at the moment necessary measures are being taken to increase the penalties for the violation of migration legislation.