Azernews.Az

One of the issues that foreigners treat superficially in connection with business activities in Azerbaijan is the requirements of migration legislation. Thus, if foreigners violate the requirements established by the migration legislation of Azerbaijan, they may face administrative measures such as penalties, expulsion from the country, etc.

What should foreigners pay attention to when entering into Azerbaijan?

1. Registration of a foreigner at the place of stay

First of all, foreigners temporarily staying in Azerbaijan for more than 15 (fifteen) days must be registered at the place of stay. The terms are as follows:

Persons entering the country on a visa basis – for the duration of stay indicated in the visa; Persons entering the country on a visa-free basis – for 90 (ninety) days.

The state fee for the registration procedure at the place of stay is not provided, and the application is considered within 1 (one) working day.

For this purpose, the management of the place of stay of the foreigner (hotel, sanatorium, rest home, boarding house, camping, tourist base, hospital or other similar places) or the owner of the apartment or other place of accommodation where the foreigner stays shall submit the application and a copy of the passport of the foreigner for the registration at the place of stay to State Migration Service of Azerbaijan (hereinafter referred to as the “SMS”) within 15 (fifteen) days since the date of his/her entry to the country.

2. Obtaining a temporary residence permit (hereinafter referred to as the “TRP”)

A foreigner is required to obtain a TRP and (or) a work permit in order to carry out activities in Azerbaijan in cases stipulated by the migration legislation.

Obtaining only a TRP is required in the following cases:

If a foreigner holds the position of head of a legal entity, the founder or at least one of the founders of which is a natural person or foreign legal entity established in the Republic of Azerbaijan, whose paid-up charter capital is not less than the approved amount, or owns at least 51 (fifty-one) % of the shares (stocks) of this legal entity.

It should be noted that the minimum size of the charter capital has not yet been approved;

If a foreigner holds a position of head or deputy head of the branch or representation of a foreign legal entity in the Republic of Azerbaijan.

However, for other employees, simultaneous receipt of a TRP and a work permit is required.

To obtain a TRP, the following documents must be submitted to SMS:

Application form; Passport of a foreigner (the validity period of the passport must be at least 3 (three) months longer than the expiration date of the TRP, the issuance of which is expected); A document, notarized or equivalent to it, confirming the existence of circumstances that are the basis for the issuance of a TRP:

Corporate documents of a company

If the founder of the company is a legal entity, its corporate documents must also be submitted, and if the founder is a natural person, also a document certifying his identity;

For a director - a decision on the appointment of the director must also be submitted; Certificate that the foreigner is not a carrier of the virus of dangerous infectious diseases (medical certificate); 2 (two) photos measuring 3.5 x 4.5 cm; A notarized copy of the document where a foreigner will be registered (excerpt from the state register of real estate, a leasing or renting contract or other document provided for in the legislation of the Republic of Azerbaijan) A notarized consent of the owner for the foreigner's residence (except in cases when the foreigner has his own property/place of residence); A copy of the identity document of the person who provides a foreigner with a residence (except for cases when foreigner is an owner); A document on payment of the state fee. This document is provided to the SMS when the TRP is submitted.

When cases that serve as a basis for issuance of a TRP exist, the foreigners shall apply to obtain a TRP at least 30 (thirty) days before expiration of their temporary stay or residence in the territory of Azerbaijan.

Foreigners should take into account that, if they stay outside the territory of Azerbaijan for more than 90 (ninety) days within 180 (one hundred and eighty) days, a TRP is not granted (the term is not extended), and the previously issued permit is canceled.

3. Obtaining a work permit

To obtain a work permit, the following documents must be submitted:

Application form; Passport of a foreigner; A notarized copy of the document confirming that a foreigner possess the specialty required to perform the prescribed work (diploma, certificate and etc.); A reference paper that justifies necessity to employ a foreigner for the vacant position (prepared by the employer); If the employer is a legal entity – notarized copies of the corporate documents; If the employer is a natural person – notarized copies of the identity document and certificate of taxpayer registration; Certificate that the foreigner is not a carrier of the virus of dangerous infectious diseases (medical certificate).

Please be informed that when applying for a TRP and a work permit, 1 (one) medical certificate is obtained.

In the table below you can get familiar with the terms of consideration of an application for a TRP and a work permit, as well as with the state duties:

What do we recommend to foreigners?

Before starting a business activity in Azerbaijan, foreigners are recommended to use the services of professionals and get preliminary information about the requirements of migration legislation and, thus, not face unforeseen obstacles during their activities.

About the author:

Emin Musayev graduated from the Faculty of Law at the Baku State University with a bachelor's degree in 2019 and from the Faculty of Intellectual Property Law at the Baku State University with a master's degree in 2022. He is a lawyer with over 2 years of experience in the area of law and specializes in contracts, intellectual property, corporate law, migration, public procurement. He is a lawyer at “Legalize” Law Firm. For more information about the author please see the following link:

https://www.legalize.az/en/team/emin-musayev