On April 4, 2023, the Law of the Republic of Azerbaijan on Amendments to the Migration Code of the Republic of Azerbaijan was adopted. The law entered into force on May 16, 2023. The amendment envisages changes to the rules for obtaining and extending the term of a temporary residence permit (TRP) and a permanent residence permit (PRP).
Changes related to criteria for obtaining and extending temporary residence permit:
- The criteria for investing in the country’s economy in the amount of at least 500,000 manats has been expanded, and the total amount includes the limit of state securities, real estate, and savings.
- A new basis has been added: To have state securities with a nominal value of at least 100,000 manats or investment securities of legal entities whose 51 percent or more shares (stocks) are owned by the state. On this basis, the list of persons who received TRP must be sent to the National Depository Center by the State Migration Service within 3 working days. When the total nominal value of such securities falls below 100,000 manats or when these securities are expropriated, the State Migration Service must be informed about this.
- In accordance with the new revision, Article 45.1.6-1 of the Migration Code’s requirements for obtaining temporary residence permits were redefined. Thus, before the changes, a foreigner could apply for a TRP in the territory of the country if he held the position of head and deputy of a legal entity established in the Republic of Azerbaijan and at least one of the founders was a foreign organization or foreign natural person.
- After the new law went into effect, a person holding a management position of a legal entity or owning at least 51 percent of the shares (stocks) of an organization has the right to be granted a temporary residence permit if (i) the organization is established in the Republic of Azerbaijan, (ii) the founder or at least one of the founders is a foreign legal entity or a natural person, and (III) the paid-up charter capital is not less than the amount approved by the Ministry of Economy.
Changes related to criteria for obtaining and extending permanent residence permit:
In accordance with the latest adaptation, a few conditions for obtaining permission to stay to stay on Azerbaijani territory have been changed.
- The value (amount) of real estate and cash in banks, which gives the right to apply for a PRP, is determined at 200,000 manats.
- Foreigners who own government securities with a nominal value of at least 200,000 manats or investment securities of legal entities in which 51 percent or more of their shares (stocks) belong to the state and the head of a legal entity with foreign investment whose paid-up charter capital is not less than the amount approved by the Ministry of Economy, and the founder who owns at least 51 percent of the shares (stocks) of the foreign-invested legal entity will be able to apply for a permanent residence permit.
- The circle of close relatives who have the right to apply for this has been redefined (father, mother, husband (wife), child, sister, or brother).
- The permit cancellation mechanism has been improved in favour of foreigners in situations as follows: if the basis of obtaining a permanent permit to stay is changed (transition from one basis to another basis) or if the circumstances that are the basis for obtaining it are no longer present. Before the changes, the disappearance of the basis for obtaining a permanent permit to stay led to the cancellation of the permission. After the changes, in such situation, it will be checked whether there is another reason for obtaining permanent permission to stay. If there is another reason, the permission to stay will not be revoked.