Temporary residence of foreigners and stateless persons in the territory of the Republic of Azerbaijan
Foreigners and stateless persons intending to reside temporarily on the territory of the Republic of Azerbaijan should get a relevant permit for it.
Permit for temporary residence on the territory of the Republic of Azerbaijan is issued to foreigners and stateless persons by the State Migration Service of the Republic of Azerbaijan.
In case temporary residence permit is issued to foreigners and stateless persons, those persons are provided with a permission card for temporary residence in the territory of the Republic of Azerbaijan by the State Migration Service of the Republic of Azerbaijan.
Permission card for temporary residence in the territory of the Republic of Azerbaijan is a document authorizing foreigners and stateless persons to reside in the Republic of Azerbaijan temporarily and exit from the Republic of Azerbaijan and return back to the Republic of Azerbaijan under visa-free regime during its validity period, and certifying the identities and registration of those persons upon the place of residence.
Except the cases set forth in Article 50 of this Code, foreigners and stateless persons are issued (extended) permit for temporary residence in the Republic of Azerbaijan in the following cases:
- In case they are in close relationship with a citizen of the Republic of Azerbaijan;
- When they invest at least AZN 500,000 in the country’s economy, considering the cases provided for in Articles 45.1.3-45.1.3-2 of the Migration Code;
- In case they possess real estate which is worth at least 100 000 manats on the territory of the Republic of Azerbaijan;
- In case they invest at least AZN 100,000 on the basis of a fixed-term deposit agreement with banks operating in the Republic of Azerbaijan;
- When owning government securities with a nominal value of at least AZN 100,000 or investment securities of legal entities, 51 percent or more of the share (interest) in which belong to the state;
- In case they are highly qualified specialists in the spheres of economy, industry, military, science, culture, sports, etc.;
- In case they are specialists envisaged in 64.0.8-1 of the Migration Code;
- In case they are family members of foreigners and stateless persons temporarily or permanently residing on the territory of the Republic of Azerbaijan;
- In case they hold positions of head or deputy head in the branch or representation of a foreign juridical person in the Republic of Azerbaijan;
- If they hold the position of the head of a legal entity established in the Republic of Azerbaijan, the paid authorized capital of which is not less than the amount approved by the Ministry of Economy of the Republic of Azerbaijan, the founder or at least one of the founders of which is a foreign legal entity or individual, or own at least 51 percent of the shares (interests) in that legal entity;
- In case they engage in entrepreneurship activity in the Republic of Azerbaijan;
- In cases provided for in Articles 64.0.6, 64.0.6-1, 64.0.7, 64.0.9, 64.0.10, 64.0.11, 64.0.17, 64.0.18, and 64.0.19 hereof;
- In case they obtain work permit in a way envisaged by this Code to carry out paid labor activity on the territory of the Republic of Azerbaijan;
- In case they get full-time education at institutions of higher education and technical schools and in case they get education at secondary schools in the Republic of Azerbaijan;
- In case they are engaged in professional religious activity at officially registered religious institutions;
- In case a person is considered a victim of human-trafficking;
- In case providing assistance to criminal prosecution authorities;
- In case there are grounds envisaged by the international agreements of the Republic of Azerbaijan.
Within 3 working days, the State Migration Service of the Republic of Azerbaijan shall send to the appropriate bank a list of persons who have received permission to temporarily reside in the territory of the Republic of Azerbaijan by investing money on the basis of a fixed-term deposit agreement with a bank operating in the Republic of Azerbaijan. If the amount of the term deposit of the persons indicated in the list falls below 100.000 manats or the term deposit agreement is terminated, the bank shall notify the State Migration Service of the Republic of Azerbaijan about it within 3 business days.
The State Migration Service of the Republic of Azerbaijan shall send the list of persons who have received permission to temporarily reside in the Republic of Azerbaijan and hold government securities or investment securities of legal entities, 51 percent or more of share (interest) in which belong to the state, to the National Depository Center within 3 business days. If the total nominal value of the investment securities, including government securities, owned by the persons included in the aforementioned list falls below AZN 100,000, or these securities are expropriated, the National Depository Center shall notify the State Migration Service of the Republic of Azerbaijan accordingly within 3 business days.
NOTE:
- The case set forth in Articles 45.1.7 and 52.1.11 hereof shall only be considered a basis ground for the issuance of, respectively, a permit for temporary or permanent residence in the territory of the Republic of Azerbaijan when those persons act factually full time in a group of at least 5 persons or part-time in a group of at least 10 persons. In this case, at least 80 percent of the employees are required to be citizens of the Republic of Azerbaijan or persons specified in Articles 64.0.1, 64.0.14, 64.0.15, 64.0.15-1, and 64.0.16 of the Migration Code.
- In cases set forth in Articles 45.1.6-1 or 45.1.7 hereof, for a foreigner or a stateless person who has temporarily resided in the Republic of Azerbaijan for at least 1 year, these cases shall serve as a ground for issuing a temporary residence permit (or its extension) if their turnover meets the requirements established by the Ministry of Economy of the Republic of Azerbaijan.
- The requirements related to the authorized capital, specified in Article 45.1.6-1 of the Migration Code, as well as those set forth in paragraphs 1 and 2 of this Note, shall not apply to business entities holding an investment promotion document or a Startup certificate and operating in economic regions determined by the President of the Republic of Azerbaijan, as well as non-profit legal entities and residents of industrial parks, industrial districts, and agroparks.
Foreigners and stateless persons should submit the following documents for obtaining (extending) permit for temporary residence in the territory of the Republic of Azerbaijan:
- Application form sample of which approved by the Cabinet of Ministers of the Republic of Azerbaijan;
- Copy of the passport or other border crossing document (validity period of passport or other border crossing document should be more than 3 months of the expiry date of the temporary residence permit to be issued);
- Notarized copy of the birth certificate or other document equal to it (for persons under the age of 18, without passport);
- Notarized or equally certified document confirming existence of cases justifying issuance of temporary residence permit;
- A notarized statement of consent of a family member or close relative, provided for in Articles 45.1.1 and 45.1.5 of the Migration Code, in connection with the issuance of a temporary residence permit to foreigners and stateless persons on the grounds specified in these articles;
- Reference certifying that the person is not carrier of a virus of any disease included in the list of dangerous infectious diseases approved by the Cabinet of Ministers of the Republic of Azerbaijan;
- Copy of the document authorizing to stay or temporarily reside on the territory of the Republic of Azerbaijan;
- Justified application by an authority, enterprise or organization inviting foreigners and stateless persons who are highly qualified specialists in the spheres of economy, industry, military, science, culture, sports, etc., to the Republic of Azerbaijan;
- Two photos sized 3.5 x 4.5 cm;
- The document of a residential area-where the person shall be registered on (extract on the state registration of the property right from state registry of real estate, warrant for accommodation, rent or tenancy agreement or other document set forth in the legislation of the Republic of Azerbaijan);
- Application of the person providing a foreigner or stateless person with a residential area (except the cases when there is a residential area in possession of the foreigner or stateless person);
- Copy of the passport of the person providing the foreigner or stateless person with a residential area (except the cases when there is a residential area in possession of the foreigner or stateless person);
- Receipt certifying payment of the state fee.
Receipt certifying payment of the state fee is submitted by foreigners and stateless persons when the permission card for temporary residence on the territory of the Republic of Azerbaijan is presented to them. If the state fee is not paid within 30 days from the last day of the period provided for in Article 47.5 of the Migration Code, the State Migration Service shall cancel the temporary residence permit.
A temporary residence permit on the territory of the Republic of Azerbaijan to foreigners or stateless persons recognized as victims of human-trafficking, or to persons assisting the criminal prosecution bodies, is issued on the basis of a petition from the criminal prosecution body. In this case, to submit the documents referred to in Articles 46.1.4, 46.1.6, 46.1.9, 46.1.10 and 46.1.11 of the Migration Code is not required. Registration of these persons at the place of residence is carried out at the address of the criminal prosecution authority.
Persons specified in Article 64.0.18 hereof and their family members shall be granted a permit for temporary residence in the Republic of Azerbaijan based on an application from the authorized body or administrative institution of the Alat Free Economic Zone. In such cases, submission of the documents listed in Articles 46.1.9, 46.1.10, and 46.1.11 of the Migration Code is not required. Their place of residence shall be registered at the address provided by the authorized body or administrative institution of the Alat Free Economic Zone.
In the cases of application as provided for in p. 2 of the Note to Article 45 of the Migration Code, along with the documents listed in Article 46.1 of the Migration Code, a document obtained from the tax authority based on the turnover declaration for the last 1 year of the individual engaged in entrepreneurial activity or the legal entity related to the application shall be submitted.
Note:
Copies of documents set forth in Articles 46.1.2, 46.1.9 and 41.1.11 are submitted together with original documents and after collation the original documents are returned to the person by whom they have been submitted.
In case there are grounds for issuance of a permit for temporary residence on the territory of the Republic of Azerbaijan, foreigners and stateless persons should apply to the State Migration Service of the Republic of Azerbaijan to obtain a permit in this regard at least 30 days before the expiry of the temporary staying or temporary residence period.
Foreigners and stateless persons apply in person or through their legal representatives for obtaining permit for temporary residence on the territory of the Republic of Azerbaijan.
Temporary residence permit for a child under the age of 18 is obtained upon the application of his/her parent or other legal representative.
Applications of foreigners and stateless persons for the issuance of a temporary residence permit on the territory of the Republic of Azerbaijan are proceeded within the period provided for by the Law of the Republic of Azerbaijan "On State Fee", in accordance with the amount of state fee, paid in accordance with mentioned law, taking into account the opinion of the relevant executive authority.
When validity period of a permit is not extended by the relevant executive authority until the date of expiry of the permit for temporary residence on the territory of the Republic of Azerbaijan or any application is not submitted for extension, foreigners and stateless persons should exit from the territory of the Republic of Azerbaijan.
Permit for temporary residence on the territory of the Republic of Azerbaijan is issued for the period mentioned on the application of an applicant, but for the period not exceeding 1 year, except the cases set forth in Article 45.1.2 of this Code, and it can be extended each time for the period not exceeding 2 years, if there is a relevant basis.
Permit for temporary residence on the territory of the Republic of Azerbaijan is issued for foreigners and stateless persons set forth in Article 45.1.2 of this Code for the period mentioned on the application of an applicant, but for a period not exceeding 3 years and can be extended each time for the period not exceeding 3 years, if there is a relevant ground.
Permanent residence of foreigners and stateless persons in the territory of the Republic of Azerbaijan
Foreigners and stateless persons temporarily residing at least 2 years on the territory of the Republic of Azerbaijan on the grounds set forth in Articles 45.1.1-45.1.7 of the Migration Code of the Republic of Azerbaijan (except for persons who have received a temporary residence permit due to the fact that they are a member of the family of a foreigner or stateless person who received a temporary residence permit on the territory of the Republic of Azerbaijan on the grounds set forth in Articles 45.1.8-45.1.11 of the Migration Code and cases specified in Article 55 of the Migration Code), are granted a permit for permanent residence in the Republic of Azerbaijan in the following cases:
- In case their father, mother, spouse, child, sister, or brother is a citizen of the Republic of Azerbaijan;
- In case they invest at least AZN 500,000 in the country’s economy, considering the cases provided for in Articles 52.1.3-52.1.5 of the Migration Code;
- In case they possess real estate, which is worth at least AZN 200,000 in the Republic of Azerbaijan;
- In case they invest at least AZN 200,000 on the basis of a fixed-term deposit agreement with banks operating in the Republic of Azerbaijan;
- In case owning government securities with a nominal value of at least AZN 200,000 or investment securities of legal entities, 51 percent or more of the share (interest) in which belong to the state;
- In case they are highly qualified specialists in the spheres of economy, industry, military, science, culture, sports, etc.;
- In case they are specialists envisaged in 64.0.8-1 of the Migration Code;
- In case they are family members of foreigners and stateless persons permanently residing on the territory of the Republic of Azerbaijan;
- In case they hold positions of head or deputy head in the branch or representation of a foreign juridical person in the Republic of Azerbaijan;
- If they hold the position of the head of a legal entity established in the Republic of Azerbaijan, the paid authorized capital of which is not less than the amount approved by the Ministry of Economy of the Republic of Azerbaijan, the founder or at least one of the founders of which is a foreign legal entity or individual, or own at least 51 percent of the shares (interests) in that legal entity;
- In case they engage in entrepreneurship activity in the Republic of Azerbaijan, providing that their turnover meets the volume determined by the Ministry of Economy of the Republic of Azerbaijan.
Permit for permanent residence on the territory of the Republic of Azerbaijan is issued to foreigners and stateless persons by the State Migration Service of the Republic of Azerbaijan.
When foreigners and stateless persons are issued a permit for permanent residence on the territory of the Republic of Azerbaijan, those persons are provided with permission card for permanent residence on the territory of the Republic of Azerbaijan by the State Migration Service of the Republic of Azerbaijan.
Permission card for permanent residence on the territory of the Republic of Azerbaijan is a document authorizing foreigners and stateless persons to reside on the territory of the Republic of Azerbaijan permanently and exit from the Republic of Azerbaijan and return back under visa-free regime within its validity period, and certifying identity and registration of those persons upon place of residence in the territory of the country.
Note:
- The period of temporary residence in the territory of the Republic of Azerbaijan is considered continuous if the person has not left the territory of the Republic of Azerbaijan for a period of more than 90 days within 180 days.
- The State Migration Service of the Republic of Azerbaijan sends a list of individuals who have received a permit for permanent residence in the Republic of Azerbaijan based on the ownership of funds amounting to at least AZN 200,000 in banks operating in the Republic of Azerbaijan under a term deposit agreement to the respective bank within 3 business days. If the term deposit amount of the individuals specified in that list falls below AZN 200,000, or the deposit agreement is terminated, the bank shall notify the State Migration Service of the Republic of Azerbaijan accordingly within 3 business days.
- The State Migration Service of the Republic of Azerbaijan sends a list of individuals who have received a permit for permanent residence in the Republic of Azerbaijan based on the ownership of government securities or investment securities of legal entities, 51 percent or more of the share (interest) in which are owned by the state, to the National Depository Center within 3 business days. If the total nominal value of the investment securities, including government securities, owned by individuals listed in that register falls below AZN 200,000 or such securities are alienated, the National Depository Center shall notify the State Migration Service of the Republic of Azerbaijan accordingly within 3 business days.
- The cases specified in Articles 52.1.9-52.1.11 of the Migration Code are considered the ground for issuing a permit for permanent residence in the Republic of Azerbaijan only if these individuals have resided in the Republic of Azerbaijan for the past two years under the relevant permit on the grounds set forth in Articles 45.1.6–45.1.7 of the Migration Code.
- The requirements regarding the size of the authorized capital and the volume of turnover specified in Article 52.1.10 of the Migration Code do not apply to non-commercial legal entities.
Foreigners and stateless persons should submit the following documents to obtain (extend) permit for permanent residence on the territory of the Republic of Azerbaijan:
- Application form, sample of which approved by the Cabinet of Ministers of the Republic of Azerbaijan;
- Copy of the passport or other border crossing document;
- Notarized copy of the birth certificate or a document equal to it (for persons without passport who are under the age of 18);
- Reference certifying that the person is not carrier of a virus of any disease included in the list of dangerous infectious diseases approved by the Cabinet of Ministers of the Republic of Azerbaijan;
- A document certifying the existence of necessary funds to support minimal needs of foreigners and stateless persons and their family members (except the cases where a person has a close relative who is a citizen of the Republic of Azerbaijan or where that citizen undertakes supporting them when the person holding a permanent residence permit in the Republic of Azerbaijan are in the country);
- Copy of the permission card for temporary or permanent residence on the territory of the Republic of Azerbaijan;
- A notarized copy or a copy certified in an equivalent manner, of a document confirming one of the grounds set forth in Article 52.1 of the Migration Code;
- A notarized statement of consent of a family member or close relative, set forth in Articles 52.1.1 and 52.1.8 of the Migration Code, in connection with the issuance of a permanent residence permit to foreigners and stateless persons on the grounds specified in these articles;
- Two photos sized 3.5 x 4.5 cm;
- A notarized consent of children aged 14 to 18;
- The document of a residential area, where the person will be registered on (extract on the state registration of the property right from state registry of real estate, warrant for accommodation, rent or tenancy agreement or other document set forth in the legislation of the Republic of Azerbaijan);
- Application of the person providing a foreigner or stateless person with a residential area (except the cases when there is a residential area in possession of the foreigner or stateless person);
- Copy of the identification document of the person providing residential area to a foreigner or stateless person (except the cases when there is a residential area in possession of the foreigner or stateless person);
- Receipt certifying payment of the state fee;
- Receipt certifying payment of the state fee is submitted by foreigners and stateless persons when the permission card for permanent residence on the territory of the Republic of Azerbaijan is presented to them. If the state fee is not paid within 30 days from the last day of the period provided for in Article 54.9 of the Migration Code, the State Migration Service shall cancel the temporary residence permit.
Persons who have invested at least AZN 200,000 in banks operating in the Republic of Azerbaijan under a term deposit agreement, or own government securities with a nominal value of at least AZN 200,000, or investment securities of legal entities, 51 percent or more of the share (interest) in which are owned by the state, or, considering the cases set forth in Article 52.1.2 of the Migration Code, have invested at least AZN 500,000 in the economy of the Republic of Azerbaijan, are not required to provide the document specified in Article 53.1.7 of the Migration Code.
When applying on the grounds set forth in Articles 52.1.10 and 52.1.11 of the Migration Code, along with the documents listed in Article 53.1 of the Migration Code, a document obtained from the tax authority regarding the turnover for the last year, based on the declaration submitted by the individual engaged in entrepreneurial activity or the legal entity related to the application, are provided.
Note:
Copies of documents set forth in Articles 53.1.2, 53.1.13 and 53.1.15 are submitted together with original documents and after collation the original documents are returned to the person by whom they have been submitted (taking into account the requirements of Article 53.4 of the Migration Code).
Foreigners and stateless persons should apply to the State Migration Service of the Republic of Azerbaijan in case of existence of grounds for issuance of permanent residence permit to them, at least 3 months before the expiry date of their permits for temporary residence on the territory of the Republic of Azerbaijan.
Foreigners and stateless persons should apply for permanent residence in the Republic of Azerbaijan in person or through their legal representatives.
Permit for permanent residence in the Republic of Azerbaijan is obtained for a minor under the age of 14 upon application of his/her parent or other legal representative, for a minor between age of 14-18 upon application of his/her parent or other legal representative with the consent of the minor.
Application form for issuance of permit for permanent residence on the territory of the Republic of Azerbaijan and other required documents can be submitted in the form of an electron application.
While reviewing the applications of foreigners and stateless persons for issuance of a permanent residence permit in the Republic of Azerbaijan, their knowledge of the rights and obligations, set forth by the laws of the Republic of Azerbaijan, as well as the national language shall be tested by a commission consisting of experts from the State Migration Service of the Republic of Azerbaijan, the Ministry of Justice of the Republic of Azerbaijan, and the Ministry of Science and Education of the Republic of Azerbaijan. This condition shall not apply to children under the age of 18, foreigners or stateless persons who have reached the age of 65 or persons with an established disability due to 81-100 percent impairment of body functions (if the relevant supporting document is submitted).
Applications of foreigners and stateless persons for the issuance of a permanent residence permit on the territory of the Republic of Azerbaijan are proceeded within the period provided for by the Law of the Republic of Azerbaijan "On State Fee”, in accordance with the amount of state fee, paid in accordance with mentioned law, and relevant decision is made by the State Migration Service of the Republic of Azerbaijan.
Permit for permanent residence in the Republic of Azerbaijan is issued for the period of 5 years. At least 3 months before the expiration of this period the permit issued for permanent residence can be extended for 5 years upon application of foreigner or stateless person. The number of extensions is not limited. In this case, the documents set forth in Article 53 of this Code are re-submitted.
Sample of the application form: