The Migration Code of the Republic of Azerbaijan


The Migration Code of the Republic of Azerbaijan

 

 

  • Article 27. Entry visa issued for the purposes of science and education

 

27.1.      A science and education visa is issued on the basis of an application submitted by government authorities, research and development institutions, education institutions officially registered in the Republic of Azerbaijan to foreigners and stateless persons entering the Republic of Azerbaijan to attend an applicable conference, seminar and another scientific event, to get education by enrolling an education institution or to get retrained.

 

27.2.      On a science or education visa, the period of stay in the country shall be determined up to 90 days.

 

27.3.      For the registration of a science or education visa, a document certifying that a person has sufficient funds to pay for his/her expenses related to his education and residence in the Republic of Azerbaijan (when the education of a foreigner or stateless person in the Republic of Azerbaijan is not financed by the country where s/he is a citizen or a permanent resident), and the documents set forth in Article 36 of this Code.

 

Article 15. Entry/exit of foreigners and stateless persons to/from the Republic of Azerbaijan

 

15.1.      Foreigners and stateless persons may enter and exit from the Republic of Azerbaijan by crossing the border checkpoints on the basis of their passports or other border crossing document.

 

15.2.      Where a visa is required to enter the Republic of Azerbaijan, foreigners and stateless persons shall obtain a visa in compliance with the order established by this Code.

 

15.3.      Foreigners and stateless persons may enter the Republic of Azerbaijan without a visa when there are applicable international agreements with foreign countries, as well as in cases, established by the relevant executive authority.

 

15.4.      Foreigners and stateless persons holding a temporary or permanent residence permit in the Republic of Azerbaijan may enter the Republic of Azerbaijan and return back to the Republic of Azerbaijan without a visa on the basis of their passports or other border crossing documents and on the temporary residence or permanent residence permits issued by the pertinent government authority of the Republic of Azerbaijan.

 

15.5.      Foreigners and stateless persons holding a refugee status in the Republic of Azerbaijan may exit from the Republic of Azerbaijan and return back without a visa on the basis of the Travel document granted to them to exit from the borders of the Republic of Azerbaijan.

 

15.6.      Travel document issued to foreigners and stateless persons to be expelled from the Republic of Azerbaijan and having not border crossing documents, in cases stipulated by international treaties of the Republic of Azerbaijan and also in case of failure to receive the documents for these persons to cross the border in the countries of origin, is recognized as the basis for their departure from the country. (12)

 

  • Article 21. Registration of place of stay of foreigners and stateless persons in the Republic of Azerbaijan

 

21.1.      Foreigners or stateless persons staying in the Republic of Azerbaijan for more than

10 days shall register at their place of stay (at the post controls of the state border,

 

respective notice to that effect in Azerbaijani, Russian and English shall be issued to foreigners and stateless persons, entering the country).

 

21.2.      For this purpose, the management of the place of stay of the foreigner or stateless person (hotel, sanatorium, rest area, guest house, camping, tourist base, hospital or other similar places) or the owner of the apartment or other residential area where the foreigner or stateless person stay (hereinafter referred to as the receiving party) shall submit the application of the foreigner or stateless person for the registration of the place of stay and a copy of the original passport (another border crossing document) of that person to the relevant executive authority through official website of the relevant executive power, an e-mail or personally within 10 days of his/her arrival to the country.

 

21.3.      After the submission of the application, the pertinent executive authority shall immediately register their place of stay by entering the information on the foreigner or stateless person into the United Migration Information System and shall inform the receiving party about it within 1 business day.

 

21.4.      Foreigners and stateless persons may be registered for the following periods:

 

21.4.1.        persons entering on a visa-basis – for the period of stay shown on the visa;

 

21.4.2.        persons entering on a visa-free basis – for 90 days.

 

21.5.      Registration of the places of stay of the foreigners and stateless persons being protected by the Representative Office of the United Nations High Commissioner for Refugees (UNHCR) in Azerbaijan for the protection period shall be conducted o the basis of the Representative Office by the pertinent executive authority.

 

21.6.      No government fee is required for the registration of the places of stay of foreigners and stateless persons.

 

21.7.      When the foreigners and the stateless persons leave their places of stay, the receiving party shall inform the pertinent executive authority of it and their places of stay are excluded from the registry on the basis of that information. When the registration period ends, the foreigners and stateless persons are considered as ones excluded from the registry.

 

21.8.      When a foreigner or stateless person moves his/her place of stay, his/her new place of stay shall be registered in the order set forth in Articles 21.2 – 21.4 of this Code. (12, 4)

 

Article 22. Foreigners and stateless persons registered by the pertinent executive authority

 

22.1.      Associates of diplomatic representative offices and consular offices of foreign countries in the Republic of Azerbaijan, including the associates of the representative offices of international organizations, their administrative and technical staffs and family

 

members, and foreigners who travel to the Republic of Azerbaijan with a special mission in the cases set forth by the international agreements where the Republic of Azerbaijan is a party to, shall be registered by the pertinent executive authority.

 

22.2.      In connection with this, they are granted a certificate which sample is approved the pertinent executive authority.

 

22.3.      The pertinent executive authority shall submit the information on persons mentioned in Article 22.1 of this Code to the pertinent executive authority for the purpose of the migration registration within 10 days.

 

  • Article 36. Documents required for visa issuance

 

36.1.      The following documents are required for issuance of a visa:

 

36.1.1.        An application form, which samples have been approved by the pertinent government authority;

 

36.1.2.        A passport or other border crossing document (the validity period of a passport or other border crossing document shall be at least 3 months more than the expiry date of the visa to be issued)and the copies of their original main pages;

 

36.1.3.        Two coloured photos (3 x 4 cm) in complying with biometric identification requirements;

 

36.1.4.        a copy of the original medical insurance certificate (where an inviting party does not undertake medical services);

 

36.1.5.        a document certifying the payment of the state duty for the issuance of the visa;

 

36.1.6.        an application, which sample is approved by the pertinent government authority, of a party inviting the foreigner or stateless person to the Republic of Azerbaijan, a copy of the original certificate of state registration (for non- government organizations), a document certifying the reason for the invitation (these documents are not required for transit and tourism visas, and business and individual travel visas).

 

36.1.7.        applicable documents set forth in Articles 25-34 of this Code, depending on the purpose of a travel.

 

36.2.      For the registration of a visa for foreigners and stateless persons who are under 18, but are holders of a passport or do not travel with accompaniment of their legal representatives, in addition to the documents set forth in Article 36.3 of this Code, a copy of the original certificate of birth, a permission of parents or a legal representative and copies of the original documents certifying their identities are also required.

 

36.3.      The amount of the state duty received for the issuance of a visa is determined by the pertinent law of the Republic of Azerbaijan. The state duty paid for the issuance of a visa is not reimbursed, not depending on the result of the consideration of an application.

 

Article 37. Registration of visas

 

37.1.      Foreigners and stateless persons shall submit an application for visa issuance to obtain a visa to the diplomatic representative offices and consular offices of the Republic of Azerbaijan, or shall apply through their representatives.

 

37.2.      In cases determined by the pertinent executive authority, foreigners and stateless persons may obtain a visa in the territory of the Republic of Azerbaijan.

 

37.3.      An application for issuance of a visa shall also be submitted in the form of an electron application.

 

37.4.      The list of the documents required for issuance of a visa, a sample of an application form, the amount and the payment form of a state duty, and information on the diplomatic representative offices and consular offices of the Republic of Azerbaijan in the countries where there are not any diplomatic representative offices and consular offices of the Republic of Azerbaijan to obtain a visa for foreigners and stateless persons residing in those countries, shall be posted on the websites of the diplomatic representative offices and consular offices of the Republic of Azerbaijan in foreign countries and in front of their buildings on boards obviously visible for everybody.

 

37.5.      The registration of a visa shall be implemented through the Interoffice Automatized Information and Research System for Entry/Exit and Registration.

 

37.6.      Applications of foreigners and stateless persons for the issuance of a visa shall be reviewed within fifteen days from the date of application in cases defined by relevant executive authority. As well as when the travels of foreigners and stateless persons are related to an immediate medical treatment or a serious disease or death of their relatives residing in the Republic of Azerbaijan, their applications shall be reviewed within maximum two days (with the submission of a document certifying these facts).

 

37.7.      After review of the accuracy and completeness of an application for issuance of a visa by a diplomatic representative office or consular office, this information shall be included in the Interoffice Automatized Information and Research System for Entry/Exit and Registration and shall be approved by a strengthened electronic signature.

 

37.8.      While reviewing the issuance of a visa, the pertinent executive authority shall verify the accuracy and completeness of the information; that information is checked against the limited lists of the Interoffice Automatized Information and Research System for Entry/Exit and Registration; an opinion of the pertinent executive authority is obtained for the purpose of negotiation; and a final decision made depending on the results of these actions is submitted to a diplomatic representative office or consular office.

 

37.9.      Where the issuance of a visa is considered as rational, a diplomatic representative office or consular office shall ensure the individualization of the visa application form, and its issuance and registration.

 

37.10.       In the cases set forth in Article 16.1 of this Code, an application for the issuance of a visa is rejected and a visa issued previously is cancelled. Any repeated application may be reviewed after removal of the grounds caused by the rejection.

 

37.11.       Foreigners and stateless persons may submit an application against bureaucracy in the review of an application or against the rejection of an application to courts in an administrative order or in compliance with the laws and regulations of the Republic of Azerbaijan.

 

37.12.       The issuance of electronic visas to foreigners and stateless persons, arriving in the Republic of Azerbaijan shall be established by Article 38 of this Code. (10)

 

Article 38. Electronic visas

 

38.1.      Foreigners and stateless persons arriving in the Republic of Azerbaijan will be able to obtain e-visas through the “ASAN Visa” system. The period of stay with a single-entry visa is up to 30 days.

 

38.2.      Organization of “ASAN Visa" system activity, information that should be entered in the form of electronic application for e-visa, description and sample of an e-visa form are established by regulations, approved by the relevant executive authority.

 

38.3.      E-visa is issued to citizens of the countries, the list of which is approved by the relevant executive authority and to citizens and stateless persons permanently residing in these countries.

 

38.4.      Foreigners and stateless persons, who wish to receive an e-visa, must enter information specified in the form, placed in e-visa application, into the system of "ASAN Visa", and after receipt of application confirmation pay online a state fee in the amount prescribed by the law of the Republic of Azerbaijan "On state duty".

 

38.5.      The system of "ASAN Visa" sends received electronic appeal for an electronic visa in real time to the interagency automated retrieval system "Entry-exit and registration".

 

38.6.      The application for electronic visa is checked on the list of restrictions of the interdepartmental automated information retrieval system "Entry-exit and registration" not later than within 3 business days upon submission and not later than within 3 hours in case of applying for an electronic visa as a matter of urgency, and in the absence of grounds for refusal, the visa is issued and sent to the e-mail address of the applicant. The information on the refusal of visa issuance shall be sent to the e-mail address of the applicant.

 

38.7.      The "ASAN Visa" system sends information in connection with the issuance or refusal to issue electronic visas, as well as the information provided in the form of electronic circulation, to the relevant executive authority by the "Visa" subsystem of interdepartmental automated information retrieval system "Entry-exit and registration".

 

38.8.      The electronic visa is not stuck in the passport, a foreigner or a stateless person presents a printed electronic visa or data of this visa along with a document for passing the border while crossing the state border checkpoint of the Republic of Azerbaijan. While crossing the state border checkpoint, a note on the entry into the territory of the Republic of Azerbaijan and exit from the territory of the Republic of Azerbaijan is entered in the passport. Information about this is transmitted in real time to "ASAN visa" system through interagency automated retrieval system "Entry-exit and registration".

 

38.9.      If there are cases prohibiting entry of foreigners and stateless persons to the Republic of Azerbaijan as envisaged in the article 16.1 of this Code, the appeal for e-visa is rejected, issued visa is cancelled and a person is prohibited from entering the country. A new appeal can be checked after elimination of these cases, caused the refusal.

 

38.10.       Foreigners or stateless persons may apply for a new e-visa only after they will leave the territory of the Republic of Azerbaijan.

 

38.11.       Foreigners or stateless persons (except for persons, a period of temporary stay in the Republic of Azerbaijan of which has been prolonged or which have received a temporary residence permit) must leave the territory of the Republic of Azerbaijan on the basis of an electronic visa, which they presented at the entry to the country. (57101213)

 

 

  • Article 41. Documents required for prolongation of the temporary stay of foreigners and stateless persons in the Republic of Azerbaijan

 

41.1.      Foreigners and stateless persons desiring to prolong their temporary stay period in the Republic of Azerbaijan shall submit the following documents:

 

41.1.1.        an application form, which sample is approved by the pertinent executive authority;

 

41.1.2.        a copy of the original passport or other border crossing document;

 

41.1.3.        a copy of the original birth certificate or another document equal to it, approved by a notary office (for persons under the age of 18, not having a passport);

 

41.1.4.        a document certifying the existence of any cases justifying the prolongation of the temporary staying period set forth in Article 40 of this Code;

 

41.1.5.        Two photos of 3.5 x 4.5 cm sizes;

 

41.1.6.        the document of a residential area where a person is to be registered (an extraction from the official registry of real estate on the official registration of ownership right, a leasing or renting contract or other document set forth in the applicable laws and regulations of the Republic of Azerbaijan);

 

41.1.7.        an application of the person providing a place of residence to a foreigner or stateless person (except the cases where there is a residential area under the possession of the foreigner or stateless person);

 

41.1.8.        a copy of the original identification card of the person granting a place of residence to a foreigner or stateless person (except the cases where there is a residential area under the possession of the foreigner or stateless person);

 

41.1.9.        a document certifying the payment of the state duty.

 

41.2.      The document certifying the payment of the state duty shall be provided when the decision on a prolongation of the temporary stay period of a foreigner or stateless person is presented to them.