Azerbaijan Immigration laws updated: Migration Code Amendments 2023

 

On May 16, 2023, the President of the Republic of Azerbaijan signed the Law of the Republic of Azerbaijan "On Amendments to the Migration Code of the Republic of Azerbaijan".

 

Temporary residence card (Getting TR in Azerbaijan)

 

According to the new amendment to the Migration Code, a new case has been added to the list of cases that are the basis for obtaining a temporary residence permit in the territory of the Republic of Azerbaijan. Thus, foreigners and stateless persons who own state securities with a nominal value of at least 100,000 manats or investment securities of legal entities in which 51 percent or more of their shares  belong to the state can apply for a temporary residence permit in the country.

 

The new amendment  also redefined the conditions for obtaining temporary residence permits under Article 45.1.6-1 of the Migration Code. Thus, if before the changes, a foreigner held the position of head and deputy of a legal entity established in the Republic of Azerbaijan and at least one of the founders was a foreign legal entity or natural person, he could apply for a temporary residence permit in the territory of the country. After the new law came into force, the head of a foreign-invested legal entity registered in Azerbaijan, with paid-up shared capital amount not less than the threshold to-be-approved by the Ministry of Economy, or the founder who owns at least 51 percent of the shares  of that legal entity can apply for a temporary residence permit.

 

According to Article 45.1.7 of the Migration Code (engaging in entrepreneurial activity), new concessions are established for obtaining a temporary residence permit. According to the conditions before the change, in order to obtain a temporary residence permit, a foreigner engaged in entrepreneurial activity had to sign (hire) an employment contract with at least 5 (or 10 in the case of part-time work) people, with at least 80% of his employees being citizens of Azerbaijan. After the change, at least 80% of employees shall be Azerbaijani citizens, as well as persons with permanent residence permits, persons married to Azerbaijani citizens, guardians of Azerbaijani citizens who are under the age of 18 or disabled due to 81-100% impairment of body functions, also foreigners who seek asylum, are considered victims of human trafficking, or provide assistance to law enforcement agencies.

It should be noted that Articles 45.1.6-1 of the Migration Code (the right of the founder or head of legal entities to obtain a temporary residence permit) and Article 45.1.7 (obtaining residence permit on the ground of doing business in Azerbaijan) are considered as acceptable the basis for obtaining a temporary residence permit (extending the period) for a foreigner or stateless person who have lived in Azerbaijan for at least 1 year on the said grounds, provided that their annual turnover (revenue) is not lower than the prescribed (to be determined) limit.

 

Permanent residence card (getting PR in Azerbaijan)

 

According to the changes, a number of grounds for obtaining a permanent residence permit in the territory of Azerbaijan have been revised. Thus, the value (amount) of real estate and cash in banks, which gives the right to apply for a permanent residence permit, is set at 200,000 manats, while the amounts on the relevant grounds, which give the right to apply for a temporary residence permit, remain unchanged (100,000 manats). Also, foreigners owning state securities with a nominal value of at least 200,000 manats or investment securities of legal entities whose shares (shares) are 51 percent or more owned by the state, and legal entities with foreign investment whose paid-up charter capital is not less than the amount approved by the Ministry of Economy head and founder who owns at least 51 percent of its shares (the turnover of a legal entity with foreign investment must be in the volume determined by the Ministry of Economy) will be able to apply for a permanent residence permit. The requirements for the amount of the charter capital and the volume of turnover do not apply to non-commercial legal entities.

 

Also, the circle of close relatives who have the right to apply for a permanent residence permit has been redefined (father, mother, husband (wife), child, sister or brother). No changes have been made in the circle of close relatives who have the right to apply for a temporary residence permit.

 

When the basis for obtaining a permanent residence permit is changed (transition from one basis to another basis) and the circumstances that are the basis for obtaining a permanent residence permit disappear, the permit cancellation mechanism has been improved in accordance with the interests of foreigners. Before the changes, in order to obtain a permanent residence permit on one basis, it was required to live in the country on the basis of a temporary residence permit for at least 2 years without interruption on that basis. With the changes, a foreigner will be able to apply for a permanent residence permit on another appropriate basis after living in the country for 2 years without interruption on the appropriate basis (close family, investment, etc.). For example, a foreigner lives in the country continuously for 2 years on the basis of a temporary residence permit on the basis of having real estate, but he applies for a permanent residence permit on the basis that his brother or sister is a citizen of Azerbaijan. An exception to this rule is provided only on 3 grounds (holding the position of head or deputy head of a branch or representative office of a foreign legal entity, being the head or founder of a foreign-invested legal entity with a 51% share, engaging in entrepreneurial activity). In order to obtain a permanent residence permit on these grounds, the requirement of 2 years of continuous temporary residence on those grounds remains. Also, before the changes, when the reason for obtaining a permanent residence permit disappeared (for example, when the marriage was terminated), this permit was supposed to be canceled. If the relevant ground is eliminated by the changes, it will be checked whether there is another ground, if there is another ground, the residence permit will not be revoked.

 

It should be noted that persons who have obtained permanent residence permits before the date of entry into force of the law will be able to extend these permits under the same conditions.

 

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