Approved by the Law of the Azerbaijan Republic of July 2, 2013, No. 713-IVQ

MIGRATORY CODE OF THE AZERBAIJAN REPUBLIC

The migratory Code of the Azerbaijan Republic determines regulations of implementation of state policy in the sphere of migration, regulation of migratory processes and the relations arising in this sphere in the Azerbaijan Republic, and also legal status of foreigners and stateless persons in the Azerbaijan Republic.

Part I. General provisions

Chapter 1. Migratory legislation of the Azerbaijan Republic

Article 1. Migratory legislation of the Azerbaijan Republic

The migratory legislation of the Azerbaijan Republic consists of the Constitution of the Azerbaijan Republic, of this Code, the laws of the Azerbaijan Republic, international treaties which participant is the Azerbaijan Republic, and other regulatory legal acts adopted according to them.

Article 2. Principles of the migratory legislation of the Azerbaijan Republic

The migratory legislation of the Azerbaijan Republic is based on the principles of respect of rights and freedoms of man and citizen, legality, equality before the law and justice, ensuring compliance of the migratory legislation of the Azerbaijan Republic to the universally recognized norms of international law, application of innovative methods and ensuring transparency in regulation of migratory processes.

Article 3. Basic concepts

3.0. In this Code it is used the following basic concepts:

3.0.1. the foreigner - the person who is not the citizen of the Azerbaijan Republic and having nationality of other state;

3.0.2. the stateless person - person who is not considered as the citizen of any state according to its law;

3.0.3. the minor - person who did not reach 18 years;

3.0.4. the passport - the document issued to person by the country of his nationality, granting to it the right to departure from the country and entry into the country, and also proving his identity and nationality;

3.0.5. the identity certificate - the identity document in the territory of the Azerbaijan Republic;

3.0.6. the foreigner who is temporarily staying in the Azerbaijan Republic or the stateless person which does not have the residence permit in the Azerbaijan Republic and arrived to the Azerbaijan Republic legally in connection with tourism, the personal record, official journey and other similar circumstances of temporality;

3.0.7. the foreigner who is temporarily living in the Azerbaijan Republic or the person without citizenship who got permission to temporary residence in the Azerbaijan Republic according to the procedure, established by this Code;

3.0.8. the foreigner who is constantly living in the Azerbaijan Republic or the person without citizenship who got permission to permanent residence in the Azerbaijan Republic according to the procedure, established by this Code;

3.0.9. labor migration - change of the residence by physical person by migration on legal causes from one country in another for occupation paid labor activity;

3.0.10. the toiler migrant - the physical person migrating on legal causes from one country in another for occupation paid labor activity;

3.0.10-1. highly skilled migrants are foreigners and stateless persons on which statements it was answered in the affirmative within the program realized on expansion of opportunities of highly qualified specialists to be engaged in paid labor activity in the Azerbaijan Republic;

3.0.11. members of the family of the foreigner or the stateless person - the wife (husband) of the foreigner or the stateless person, his children who did not reach 18 years, the disabled children who reached 18 years, and being on its care parents;

3.0.12. the close relative - the father, mother, the husband (wife), the child, the brother, the sister and their children, the grandfather, the grandmother, the father and mother of the grandfather (grandmother), the grandson (granddaughter), the father-in-law (mother-in-law), the father-in-law (mother-in-law), the brother-in-law (brother-in-law), the sister-in-law (sister-in-law);

3.0.13. the work permit - the permission issued to foreigners and stateless persons according to the procedure, established by this Code, for occupation paid labor activity in the territory of the Azerbaijan Republic;

3.0.14. the residence - the apartment house, the apartment, office premises, hotel, the hostel, organizations of social servicing for aged both persons with disability and other similar premises where person permanently or mainly lives based on the statement from the state real estate register about state registration of the property right, the order, employment contract or lease, or on other bases, stipulated by the legislation the Azerbaijan Republic;

3.0.15. the place of stay - the hotel which is not considered as the residence, sanatorium, rest house, boarding house, camping, tourist base, hospital and other similar public places, and also the apartment, other premises (the, the relative, the acquaintance, etc.) where person temporarily lives;

3.0.16. the visa - the official document granting the right to foreigners and stateless persons, having in accordance with the established procedure passed through check points of frontier, on entry into the Azerbaijan Republic and departure from the Azerbaijan Republic, temporary stay in the country for the term specified in the visa;

3.0.17. the document for crossing of border - the foreign passport, the document issued to stateless persons for departure out of country limits, the identity certificate of the seaman, the traveling certificate issued to the refugee, the certificate on homecoming, the travel document which is issued to the foreigners and stateless persons expelled out of limits of the Azerbaijan Republic, other documents in the cases provided in international treaties.

Article 4. Scope of the Migratory code of the Azerbaijan Republic

4.1. This Code governs the relations in the sphere of departure of citizens of the Azerbaijan Republic from the country, their entry into the country, entry of foreigners and stateless persons into the Azerbaijan Republic and their departure from the Azerbaijan Republic, temporary stay in the Azerbaijan Republic, issue of permissions to them for temporary and permanent residence, their registration, the rights and obligations of participants of migratory process, labor migration, and also the state control of migration and fight against illegal migration.

4.2. The rules established by this Code are not applied to internal labor migration.

4.3. Provision of the status of the refugee, loss of the status of the refugee, deprivation of the status of the refugee, and also the documents issued to persons which received the status of the refugee and bases of legal status of these persons in the Azerbaijan Republic are regulated by the relevant law.

4.4. Special rules of entry into the Azerbaijan Republic and departure from the Azerbaijan Republic during mobilization are established by relevant organ of the executive authority.

4.5. The relations arising in the Alyatsky free economic zone taking into account the regulation established by this Code in the field of migration are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 5. Participants of migratory process

5.0. Participants of migratory process is the following:

5.0.1. the state bodies participating in management and regulation of migratory processes, and also exercising the state control of the specified processes;

5.0.2. the citizens of the Azerbaijan Republic who are going to the foreign country, temporarily or constantly living there, and also engaged in paid labor activity;

5.0.3. the persons inviting foreigners and persons without citizenship to the Azerbaijan Republic, and participating in the course of their registration in the Azerbaijan Republic;

5.0.4. the foreigners and stateless persons which are driving to the Azerbaijan Republic based on the visa or in visa-free procedure, temporarily staying here whose term of temporary stay is extended, the got permission to temporary or permanent residence, the work permit for the purpose of occupation by paid labor activity in the territory of the Azerbaijan Republic;

5.0.5. irrespective of form of business, the companies, organizations and the organizations, branches and representations of foreign legal entities, physical persons who are engaged in business activity who invited foreigners and persons without citizenship to the Azerbaijan Republic, participating in processes of their temporary stay in the country, prolongation of term of temporary stay, registration and labor migration, issue of permissions to temporary and permanent residence.

5.0.6. the legal entities who underwent state registration in the Azerbaijan Republic performing intermediary activities in employment of citizens of the Azerbaijan Republic in foreign countries.

Chapter 2. Migration registration of foreigners and stateless persons

Article 6. Purposes of migration registration

6.1. Migration registration of foreigners and stateless persons (further migration registration) is activities in the sphere of registration and generalization of the information about foreigners and persons without citizenship provided by this Code, and also data on their movement.

6.2. Migration registration is one of the forms of government migratory processes and is aimed at providing each foreigner staying on legal causes in the territory of the Azerbaijan Republic and the stateless person with the rights to free movement, stay to territories of the country and the choice of the residence and other rights and freedoms, and also to implementation of national interests of the Azerbaijan Republic established by the Constitution of the Azerbaijan Republic in the sphere of migration and prevention of illegal migration.

6.3. Migration registration is kept in the following purposes:

6.3.1. creations of necessary conditions for realization by foreigners and persons without citizenship of the rights and freedoms, and also execution of the obligations assigned to them;

6.3.2. development and implementation of state policy in the sphere of migration;

6.3.3. forecasting of results of movement of foreigners and stateless persons, forming of complete, exact and operational information about this movement, and also conducting statistical observation in the sphere of migration;

6.3.4. ensuring management in cases of the elements, emergency situation, the extraordinary circle of social nature, warlike situation and other circumstances of similar nature;

6.3.5. ensuring public order and homeland security of the Azerbaijan Republic by conducting fight against illegal migration and other illegal actions;

6.3.6. systematization of information about the foreigners and persons without citizenship staying in the Azerbaijan Republic and also about their movements.

Article 7. Bases for conducting migration registration

7.1. The bases for capture of person on migration registration are following:

7.1.1. entry of the foreigner or stateless person into the Azerbaijan Republic;

7.1.2. registration of the fact of the birth of the foreigner in the Azerbaijan Republic;

7.1.3. deprivation of person staying in the territory of the Azerbaijan Republic, citizenship of the Azerbaijan Republic;

7.2. The bases for removal of person from migration registration are:

7.2.1. the death of the foreigner or stateless person in the Azerbaijan Republic;

7.2.2. the introduction in legal force of the judgment about recognition of the foreigner or stateless person staying in the Azerbaijan Republic, the dead or the missing person;

7.2.3. obtaining by the foreigner or stateless person staying in the Azerbaijan Republic, citizenship of the Azerbaijan Republic.

Article 8. Conducting migration registration

8.1. During conducting migration registration collection, registration, generalization and use of the following information about foreigners and persons without citizenship is performed:

8.1.1. type and details (the name of the document, its series, number, date and the place of issue, effective period, and also in the presence - the biometric data containing in this document) the identity document of foreigners and stateless persons;

8.1.2. type and details of the document confirming the right of stay or residence in the Azerbaijan Republic;

8.1.3. surname, name, middle name (in the presence in the document of information about the last);

8.1.4. birth date and birth place;

8.1.5. floor;

8.1.6. nationality;

8.1.7. purpose of arrival to the Azerbaijan Republic;

8.1.8. occupation sort (in the presence);

8.1.9. the announced terms of stay or residence in the Azerbaijan Republic;

8.1.10. registration date and the address at the last place of residence or in the place of stay in the Azerbaijan Republic;

8.1.11. information about legal representatives (parents, adoptive parents and custodians, guardians);

8.1.12. data on expulsion out of country limits (whether it was applied or not if it was applied - that by whom and when);

8.1.13. data on recognition of its stay in the country undesirable;

8.1.14. data on attraction it to the criminal or administrative responsibility in the Azerbaijan Republic;

8.1.15. date of death, or the introduction in legal force of the judgment about recognition by the dead or missing person in the Azerbaijan Republic, the name and the place of court.

8.2. Migration registration is kept by relevant organ of the executive authority by means of the Single Migratory Information System.

8.3. The relevant state bodies for the purpose of conducting migration registration transfer the relevant data by means of the information resources and systems which are in their use to relevant organ of the executive authority.

8.4. Rules of forming of information resources of the Single Migratory Information System and its use are determined by the provision approved by relevant organ of the executive authority.

Part II. Entry into the Azerbaijan Republic and departure from the Azerbaijan Republic

Chapter 3. Departure of citizens of the Azerbaijan Republic from the country and their entry into the country

Article 9. Right of citizens of the Azerbaijan Republic to departure from the country and entry into the country

9.1. The citizen of the Azerbaijan Republic (further - the citizen) has rights to free departure from the country and entry into the country through check points of frontier.

9.2. The citizen cannot be deprived of the right to departure from the country and entry into the country.

9.3. The citizen's right to departure from the country can be temporarily limited only in the following cases:

9.3.1. in case of his arrest or application to it any measure of restraint according to the Code of penal procedure of the Azerbaijan Republic - before release, the expiration of measure of restraint or cancellation of measure of restraint;

9.3.2. in case of his condemnation - before complete serving of the primary punishment established by the Criminal Code of the Azerbaijan Republic or before release from punishment, except for case, stipulated in Article 9.3.4 of this Code;

9.3.3. in case of application to it enforcement powers of medical nature according to the Code of penal procedure of the Azerbaijan Republic - before cancellation of application of enforcement powers of medical nature;

9.3.4. in case of conditional condemnation with assignment of the obligations provided in the Criminal Code of the Azerbaijan Republic or conditionally early release from punishment - respectively before the expiration of probation period or unexpired part of punishment, or complete early cancellation of conditional condemnation or the obligations assigned to it;

9.3.4-1. in case of delay of serving sentence concerning the expectant mothers and persons having juvenile children - before release by court of the punishment condemned from unexpired part or before departure by the convict of the rest of primary punishment;

9.3.5. in case of appeal on the valid compulsory military service - before passing of the valid compulsory military service or release from it according to the law;

9.3.5-1. in case of draft evasion on active duty and mobilization - before decision making about appeal;

9.3.6. in the presence of taken legal effect of decisions, orders of court and administrative acts of tax authorities in connection with repayment of monetary claims about temporary restriction of the right of the citizen to departure from the country in connection with non-execution for the disrespectful reason in the time of the writ of execution issued based on the judgment established for voluntary execution - before decision making about restriction cancellation;

9.3.6-1. in the presence of the judgment which took legal effect about temporary restriction of the right of the citizen to departure from the country out of failure to carry out of the obligations on taxes, fees on compulsory national social insurance, compulsory medical insurance and unemployment insurance in cases and the terms established by the law, for failure to pay debt and percent on the accrued taxes, fees on compulsory national social insurance, compulsory medical insurance and unemployment insurance, the applied financial sanctions on taxes and fees on compulsory national social insurance - before decision making about lifting of restriction;

9.3.7. during entry into the countries where according to the international medical health regulations or international treaties which participant is the Azerbaijan Republic preventive inoculations are required, and departure from them - before carrying out preventive inoculations.

9.4. The military personnel serving in Armed Forces of the Azerbaijan Republic and other stipulated by the legislation army connections (except for military attaches, military representatives and their assistants), and also the military personnel involved to the international military exercises, anti-terrorist, rescue and other connected with office need, to actions or transactions outside the Azerbaijan Republic, and bringing the valid compulsory military service can leave the Azerbaijan Republic in the presence at them the formal permission of relevant organ of the executive authority.

9.5. The right of persons allowed to work with the state secret to departure to the foreign country on permanent residence, can be temporarily limited before the expiration of privacy of data to which they were allowed, however for the term of no more than 5 years.

9.6. The information about citizens, the right to departure from the country and entrance in which country is limited, shall be entered in restrictive lists of the interdepartmental automated "Entrance Departure and Registration" information retrieval system, and after elimination of the corresponding bases their active status shall be changed.

9.7. In case of origin in any country of emergency situation, the extraordinary circle of social nature or danger to life, health and human freedom, relevant organ of the executive authority, having without delay notified the population of the Azerbaijan Republic, can recommend to citizens to refrain from trip to this country temporarily.

9.8. In the period of warlike situation according to the Law of the Azerbaijan Republic "About warlike situation" special rules for entry of citizens into the country and their departure from the country can be applied.

Article 10. Implementation of the right of the citizen to departure from the country and entry into the country

10.1. The citizen's right to departure from the country and entry into the country is performed based on the passport of the citizen of the Azerbaijan Republic. The procedure for issue of the passport is regulated by the relevant law. In the presence of the corresponding international treaty signed with foreign states, the identity certificate of the citizen of the Azerbaijan Republic can be also used as the document provided for implementation of the right of the citizen to departure from the country and entry into the country.

10.2. The right to departure from the country and entry into the country of the citizen who is working or doing practical training on the vessel used for the purpose of mercantile shipping is performed based on the document of the identity of the seaman. The citizen leaving in individual procedure the country to reach the ship which is used for the purpose of mercantile shipping and at which it works abroad when passing border control along with the document of the identity of the seaman shall submit the document confirming its entry into structure of crew of the vessel (the statement from the constituted ship list of the vessel). The procedure for issue of the document of the identity of the seaman is regulated by the relevant law.

10.3. Became useless the right to return to the country of the citizen of the Azerbaijan Republic who lost the passport in the foreign country from which stole the passport or the passport, effective period of the passport expired, and his child returning to the Azerbaijan Republic with it who did not reach 18 years or reached 18 years in the foreign country and being the citizen of the Azerbaijan Republic is performed based on the certificate on return to the Azerbaijan Republic. The procedure for issue of the certificate on return to the Azerbaijan Republic affirms the relevant law.

Article 11. Procedure for departure from the country of the minor

11.1. Except as specified, provided in Article 11.2 of this Code, the minor citizen can leave their countries with parents, the adoptive father, the guardian or the custodian.

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