The information of Public Relations Department of the State Migration Service.
The information about changes in migration legislation from the Public Relations Department of the State Migration Service.
On May 16, 2023, the Law of the Republic of Azerbaijan "On Amendments to the Migration Code of the Republic of Azerbaijan," as well as amendments to the Law of the Republic of Azerbaijan "On Banks" and the Law of the Republic of Azerbaijan "On the Securities Market" and the Decrees related to the application of these Laws was signed by the President of the Republic of Azerbaijan.
According to the new amendments made to the Migration Code, a new category of cases has been added to the conditions for obtaining a temporary residence permit on the territory of the Republic of Azerbaijan. Thus, those who have state securities with a nominal value of at least 100,000 manats or the same amount of shares of 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 amendments to the law have also redefined the conditions for obtaining temporary residence permits based on Article 45.1.6-1 of the Migration Code. Thus, prior to the amendments, if a foreigner could apply for a temporary residence permit in Azerbaijan who hold positions of head and deputy head of legal entity, which is established in the Republic of Azerbaijan and founder or at least one of the founders of which is a foreign legal or physical entity, after entry into force of the new law, the head of a foreign-invested legal entity who is registered in the Republic of Azerbaijan and has a paid-up share capital not less than the amount approved by the Ministry of Economy or the founder who owns at least 51 percent of the shares of that legal entity may apply for a temporary residence permit. According the Article 45.1.7 of the Migration Code (engaging in entrepreneurship activity), new privileges have been established for obtaining a temporary residence permit. Previously, foreign nationals engaged in entrepreneurship activity were required to conclude (employ) labor contracts with at least 5 (or 10 persons on part-time employment) persons on full time employment while at least 80 percent of the workers were required to be the citizens of the Republic of Azerbaijan Azerbaijani citizens.
After the amendments, at least 80% of employees, along with Azerbaijani citizens, can be foreign nationals who are spouses of Azerbaijani citizens with permanent residence permits, guardians of Azerbaijani citizens whose is under the age of 18 or whose disability has been determined due to 81-100% impairment of body functions, asylum seekers, victims of human trafficking, or those assisting law enforcement agencies.
According to Articles 45.1.6-1 and 45.1.7 of the Migration Code, in order for a foreign national, residing temporarily in Azerbaijan for at least 1 year, to obtain a temporary residence permit again based on the same cases the turnover of a legal entity or entrepreneur with foreign investment must be in the volume determined by the Ministry of Economy. In the mentioned cases, along with other required documents, a document on taxation related to turnover obtained from the tax authorities should be submitted.
According to Articles 45.1.6-1 and 45.1.7 of the Migration Code requirements regarding specified authorized capital, turnover and number of employees does not apply to business entities possessing an investment promotion document or a "Startup" certificate, operating in the economic regions (Karabakh and Eastern Zangazur economic regions) determined by the President of the Republic of Azerbaijan, as well as to non-commercial legal entities, residents of the industrial block of industrial park and residents of agricultural park.
After the amendments, 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 funds in banks, which gives the right to apply for a permanent residence permit, is set at 200,000 manats, while the amounts for temporary residency remain unchanged (100,000 manats). Moreover, foreigners who own state securities with a nominal value of at least 200,000 manats or investment securities, at the same amount, of legal entities 51 percent or more share of which is owned by the state and the head and the founder with at least 51 percent share of a legal entity with foreign investment whose paid-up charter capital is not less than the amount approved by the Ministry of Economy (the turnover of a legal entity with foreign investment must be in the volume determined by the Ministry of Economy) can apply for a permanent residence permit. The requirements regarding the amount of charter capital and the volume of operation do not apply to non-commercial legal entities.
Furthermore, the circle of close relationship eligible to apply for a permanent residence permit has been redefined (father, mother, husband (wife), children or siblings). There have been no changes to the circle of close relatives eligible to apply for a temporary residence permit.
In case of changing the basis for obtaining a permanent residence permit (substituting from one basis to another), as well as in the circumstances that are the basis of removal of the reason to obtain a permanent residence permit the cancellation of the permanent residence permit mechanism has been improved in accordance with the interests of foreigners. Before the changes, in order to obtain a permanent residence permit based on a specific basis, it was required to reside in the country continuously for at least 2 years on the basis of a temporary residence permit under the same basis. With the changes, foreigners can apply for another relevant basis for obtaining a permanent residence permit after residing continuously in the country for 2 years under a different relevant basis (such as close relationship, investment, etc.). For instance, a foreigner lives in the country continuously for 2 years on a basis of a temporary residence permit for possessing a real estate, however he/she applies for a permanent residence permit on the basis of his/her sister or brother who is a citizen of Azerbaijan. However, there are only 3 exceptions to this rule (in case of holding positions of head or deputy head in the branch or representation of a foreign juridical person, being the head of a legal entity with foreign investment or a founder with a 51% share, engaging in entrepreneurial activities). For obtaining a permanent residence permit based on these bases, the requirement of residing continuously for 2 years under those bases remains. Furthermore, before the changes, if the reason for obtaining a permanent residence permit is removed (for example, in case of marriage termination), this permit was supposed to be canceled. With the changes, when the relevant ground is removed, 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 individuals who have obtained a permanent residence permit until the day the law entered into force will be able to extend their permits under the same conditions.
Amendments to the Laws of the Republic of Azerbaijan "On Banks" and "On the Securities Market" are for adaptation. The amendments stipulate that when the amount of funds deposited in banks or the value of investment securities of foreigners who obtains residence permit by depositing money in banks or owning investment securities of legal entities owned by the state based on a term deposit agreement falls below the minimum amount required for obtaining a residence permit, banks and the National Deposit Center shall inform the migration authorities.
For detailed information, you can contact (012) 919 Call Center of the State Migration Service, official social media accounts (Facebook, Instagram), or the Public Relations Department via email@example.com.