WORK AND VISITOR VISAS
According to the Migration Code of the Republic of Azerbaijan, dated 2 July 2013, in addition to diplomatic and service visas intended for official visits, there are several types of entry visas provided, including for labor, work, tourism, sports and other types of activity. Entry visas are divided into single entry-exit (valid from three days to three months), double entry-exit and multiple entry (valid from 6 months to two years). Currently, with few exceptions, visitors must obtain visas from the country of departure prior to arrival in Azerbaijan. It is also a good idea to have an invitation letter from a business in Azerbaijan available for presentation.
In order to obtain a multiple-entry visa, an invitation letter from a business in Azerbaijan is required
by the embassy granting the visa. Formalities for submitting invitation letters differ from one embassy to another—sometimes these may be delivered by fax or e-mail from the enterprise (or even by hand by the applicant) directly to the embassy, but in other cases the embassy may require that the invitation letter be sent to the visa-issuing embassy via the Azerbaijani Ministry of Foreign Affairs. In still other cases, the Ministry of Foreign Affairs advises that the applicant must arrive in Azerbaijan using a single-entry visa and then apply personally to the Consular Department of the Ministry in Baku to be issued a multiple-entry visa.
According to the Migration Code, a foreign national hired by an employer must arrive in Azerbaijan with a work visa (valid up to 180 days) or a labor visa (valid up to 90 days).
All of the following documents must be filed with the Embassy of Azerbaijan in the employee’s country of residence in order to obtain a multiple entry visa:
- a letter of invitation on the employer’s letterhead;
- a standard application form;
- two color photographs of the employee;
- a copy of the original medical insurance certificate (where an inviting party does not undertake medical services);
- the employee’s passport;
- state duty (Normally, US$250 for a one-year multiple entry visa; however, for nationals of countries which charge higher visa fees to citizens of the Republic of Azerbaijan, the amount of the state duty may be higher.)
A relatively new ASAN e-visa procedure exists for visitor visas processed through ASAN Services. Now it is possible to obtain single entry tourist, labor and work visas for 30 days online by providing a scanned copy of the foreigner’s passport and information about arrival and departure dates.
Taking into account the COVID- 19 pandemic, several additional rules and visa restrictions might apply. You may become familiar with the rules and restrictions on the official web site of the State Migration Service (migration.gov.az)
WORK PERMITS
Each foreign employee planning to work in Azerbaijan must obtain an individual work permit for such purposes. The decision on issuing a work permit is made by the State Migration Service in accordance with a “single window” or “one stop shop” principle, considering the opinion of the Ministry of Labor and Social Protection of the Population. All of the documents required to obtain a work permit must be filed with the State Migration Service. The delivery of the work permits is also carried out by this body.
An employment contract with the foreign employee may not be concluded prior to the obtaining of the work permit and may not be for a period exceeding the duration of the work permit, which itself may not exceed one year. An application for the renewal (extension) of a work permit must be filed with the State Migration Service at least 30 days prior to expiration. The state duty payable for obtaining a work permit for a period of one year is AZN 1,000. The fee payable for the renewal of a permit for a period of one year is also AZN 1,000.
A work permit is not needed for the following:
- A person on a business trip for a period not exceeding 90 days per year carrying out types of activities determined by the relevant executive authority
- A person engaging in independent entrepreneurial activity
- A director and any deputy of a representative office or branch of a foreign legal entity
- A director and any deputy director of a legal entity incorporated in the Republic of Azerbaijan and having a foreign legal entity or a foreign individual as at least one of its shareholders
The employer must file the following documents with the State Migration Service:
- An application for an individual work permit (stating the name, organizational-legal form and legal address of the employer, as well as the full name, citizenship, mailing address of the employee’s permanent place of residence, date and place of birth, sex, specialization, details of employment within the last five years and the anticipated position and address of the place of work of the employee in Azerbaijan)
- Two photos on a red background (3 x 4)
- A notarized copy of the qualifications of the foreign employee for the position for which he or she is being hired (a copy of a diploma/degree; professional qualifications/certifications)
- Justification for employment of the foreign individual in the particular position
- A copy of the document authorizing the foreigner’s stay in Azerbaijan if such person is present in Azerbaijan on other grounds (i.e., a copy of the visa); this condition presumably has effect only in respect of employees who are already legally in Azerbaijan but do not have a work permit.
- A copy of the foreigner’s identification document
- A medical certificate on the foreigner’s health condition issued by a medical institution approved by the State Migration Service
- Notarized registration documents of the employer
- Documents confirming the foreigner’s address in Azerbaijan (e.g., notarized consent of the landlord, notarized copy of the landlord’s national ID card; notarized copy of an extract from the Register of Immovable Property in respect of the premises)
A work permit becomes void if the employment contract concluded between the employer and foreign employee is terminated or revoked. In cases where an employment contract has been terminated,
the employer must notify the State Migration Service within five days.
REGISTRATION AT PLACE OF RESIDENCE AND STAY
Foreign nationals planning to remain in Azerbaijan for more than 15 days must be registered at their place of residence and stay in Azerbaijan. For this purpose, within 15 days from the date of the arrival of the foreign national at a hotel, sanatorium, rest home, boarding house, campground, tourist base, apartment or other living space, the administration or owner of such living space (the receiving party) should submit to the State Migration Service an application on the registration of the foreign national at the place of residence and stay, together with a scanned copy of the foreign national’s passport. No state duty is payable for the registration of foreign nationals at their place of residence and stay.
The application must be submitted by e-mail (qeydiyyat@migration.gov.az), and an electronic application form is available on the website of the State Migration Service (www.migration.gov.az). After receipt of the application form, the State Migration Service shall register the foreign national at the place of residence and stay and shall provide written notification to the receiving party within one working day.
Foreign nationals are registered for the following periods:
• Persons arriving under a visa — for the period indicated in the visa
• Persons arriving under a visa-free regime—for 90 days. However, the receiving party or the foreign national must inform the State Migration Service upon the foreign national’s departure, where upon the State Migration Service shall cancel the registration.
Whenever a foreign national changes his or her place of residence and stay he/she should be registered at the new place of residence and stay according to the procedure above.
Useful websites:
- Ministry of Foreign Affairs – www.mfa.gov.az
(English version available)
- State Migration Service – www.migration.gov.az (English version available)
