Information of the Public Relations Department of State Migration Service

We would like to draw your attention to the followings in order to explain the practical application of the legislation in connection with numerous questions from mass media (media) and public concerning changes made to the legislation of the Republic of Azerbaijan in the sphere of migration.

We would like to note that the purpose of amendments to the legislation of the Republic of Azerbaijan in the field of migration is to improve the situation of citizens, foreigners and stateless persons, labor migrant, to increase the satisfaction, to ensure transparency, to create conditions for more effective use of rights by foreigners and stateless persons having family ties and business relations in the country. Thus:

1. According to the changes made to the Article 21 of the Migration Code foreigners or stateless persons who wants to stay temporarily in the Republic of Azerbaijan for more than 15 days not 10 days will get registered upon place of stay. This is undoubtedly will increase the satisfaction of those who travel to our country as tourists or for a short-term business trip.
2. We would like to also notify that if foreigners and stateless persons’ permissions for stay and residence in the country, as well as for work are cancelled according to the relevant basis provided by the legislation, in any case those persons are expelled from the country and their entry to the country is restricted. Restriction on the entry of a foreigner (stateless person) to the country for a certain period of time in many cases creates certain difficulties for the business sector, and entrepreneurs. In the draft laws, for the purpose of development of private sector,  lifting the ban on entry of foreigner (stateless person) to the country is considered in case the grounds for cancellation of their permission for stay, residence or work in the country are removed.
3. We would like to underline that based on the current version of the Migration Code if a foreigner or stateless person has been brought to administrative responsibility twice or more in the last three years for violating migration legislation, his entry into the country is restricted for a period of five years. According to the changes the provision of the Migration Code stipulating imposition of restriction on entry of  a foreigner or stateless person to the territory of the country for a period of five years for the relevant grounds is repealed.
4. Another issue envisaged by the draft laws is about foreigners and stateless persons’ departure and re-entry to the country who have been subjected to administrative corrective measures in the form of administrative fine for violation of migration legislation. For violating migration legislation foreigners and stateles persons who have been subjected to administrative corrective measures in the form of administrative fine without administrative expulsion will be able to leave the country without any restrictions on re-entry to the country if they do not pay the fine. In this case, their entry to the country is restricted until they  pay the fine and after paying the fine restrictions imposed on their entry to the country are immediately lifted. In this case, there will be no need to additionally apply  for lifting of the restriction. This approach will have a positive impact on increasing satisfaction in regulation of migration processes.
5. Moreover, when an application for a permanent residence permission is rejected, a mechanism that regulating the issuance of a temporary residence permit on the basis of the documents submitted by that person is being established . So that according to the change foreigners (stateless persons) who have been rejected permanent residence permission will be able to apply to the State Migration Service with an application form without submitting additional documents for obtaining a temporary residence permission.
6. Please be informed that one of the issues reflected in the draft laws is to allocate, for foreigners (stateless persons) who have been subjected to administartive corrective measure for violation of migration legislation, accurately defined time period in the Code of Administrative Offenses in order for them to eliminate the cause of administrative reproach. 10 days will be granted to eliminate case resulted in the administrative liability to foreigners (stateless persons) involved in administrative liability for violation of the rules of stay, residence on or transit through the territory of the country. 

Please bear in mind that Draft laws providing amendments to the migration legislation adopted by the Milli Majlis of the Republic of Azerbaijan on June 29, 2018 will enter into force only after the President of the Republic of Azerbaijan signes them.