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:
- Persons holding permit for permanent residence in the territory of the Republic of Azerbaijan;
- Persons engaged in entrepreneurship activity in the territory of the Republic of Azerbaijan;
- Employees of diplomatic representations and consulates;
- Employees of international organizations;
- Heads of the organizations established under international agreements and their deputies;
- Persons employed by relevant executive authorities;
- Military servicemen and experts invited to serve or work for the Armed Forces of the Republic of Azerbaijan and other armed units, established according to the legislation of the Republic of Azerbaijan;
- Employees of mass media accredited in the Republic of Azerbaijan;
- Persons dispatched for a business trip for not more than 90 days within a year to the Republic of Azerbaijan in the activity fields defined by the Cabinet of Ministers in consultation with the President of the Republic of Azerbaijan;
- Specialists included to the category defined by the relevant executive authority who have been invited by the citizens of the Republic of Azerbaijan or juridical persons established in the Republic of Azerbaijan for the purpose of doing works or rendering services in the activity fields determined by the relevant executive authority;
- Seamen;
- Professors, teachers and lecturers invited to deliver lectures at higher education institutions;
- Art workers, coaches and athletes invited to work for sport clubs officially registered by the relevant executive authority;
- Persons engaged in professional religious activity at the officially registered religious institutions;
- Heads and deputy heads of branches and representations of foreign juridical persons in the Republic of Azerbaijan;
- Heads and deputy heads of a legal entity founded in the Republic of Azerbaijan when its founder or at least one of its founders is a foreign juridical or physical person;
- Persons married with the citizen of the Republic of Azerbaijan provided that the citizen is registered at the place of residence in the territory of the Republic of Azerbaijan;
- Persons applied for, obtained refugee status or were granted political asylum;
- Persons considered a victim of human trafficking or assists to criminal investigation bodies;
- Persons having in their custody citizens of the Republic of Azerbaijan who are under the age of 18 or disabled persons of group I;
- Persons involved in labour activity in cases defined by the President of the Republic of Azerbaijan.
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
Employer should submit the following documents in order to obtain a work permit:
- Application form, sample of which approved by the Cabinet of Ministers of the Republic of Azerbaijan;
- Copy of passport or other border crossing document of a foreigner and stateless person;
- 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;
Employer:
- In case of a juridical person – notarized copies of the charter of juridical person and certificates on state registration;
- In case of a physical person – notarized copies of identification document of the person and certificate of taxpayer’s registration issued to the physical person;
Reference certifying that a 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.
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: