Azerbaijan: Requirements and procedures for individuals born in the country in the late 1970s to obtain citizenship, if they departed the country in the early 1990s (2015-November 2016)
The Law on Citizenship of the Azerbaijan Republic was enacted in 1998 and amended in 2014 (Azerbaijan 1998, 9; ODIHR n.d.). An unofficial translation of the law is attached to this Response.
Article 5 of the Law on Citizenship of the Azerbaijan Republic provides the following regarding "Affiliation to the Citizenship of the Azerbaijan Republic":
The following persons shall be considered citizens of the Azerbaijan Republic:
- Persons who had citizenship of the Azerbaijan Republic by the day of enactment of this Law provided that they have been registered in a place of residence in the Azerbaijan Republic up to the day of entry into force of this Law. [emphasis in the original]
- Persons who are not citizens of the Azerbaijan Republic or other state and had a registered residence in the Azerbaijan Republic by January 1, 1992;
- Refugees who have been settled in the territory of the Azerbaijan Republic from January 1, 1988 until January 1, 1992;
- Persons who obtained the citizenship of the Azerbaijan Republic in accordance with this Law.
- Affiliation to the citizenship of the Republic of Azerbaijan shall be determined by the relevant executive body. The rules for determination of person’s affiliation to the citizenship of the Republic of Azerbaijan shall be adopted by the relevant executive body [emphasis in the original]
Persons envisaged in Paragraph 2 of the first part of this Article may acquire the citizenship of the Azerbaijan Republic in case if they applied for citizenship of the Azerbaijan Republic within one year from the day of enactment of this Law.
In accordance with Paragraph 3 of the first part of this Article, refugees who obtained the citizenship of the Azerbaijan Republic shall not lose their right to return to the countries they left. Privileges provided for internally displaced people by the legislation of the Azerbaijan Republic shall also apply to these persons. (Azerbaijan 1998)
In correspondence with the Research Directorate, a lawyer for the International Organization for Migration (IOM) in Baku, who is also a consultant for this organization, stated the following regarding the rights, requirements and procedures to obtain the citizenship of the Azerbaijan Republic for a person who never officially registered as a citizen:
In this case, regulation will be in the framework of the Law of Azerbaijan Republic Article 5, paragraph 2. According to this paragraph persons who were not citizens of the Republic of Azerbaijan or of other states by January 1, 1992, but were registered in the Republic of Azerbaijan can be considered citizens of the Republic of Azerbaijan: There is one issue, that such [a] person can be granted with the citizenship only if he/she applied for citizenship before 30.09.1999 [within one year of the enactment of the citizenship law of 30 September 1998]. (Lawyer 22 Nov. 2016)
The IOM lawyer in Baku also indicated that if a person left Azerbaijan as a minor and was granted citizenship of another country, the "general rules (the same as foreigners)" are applicable regarding citizenship, as set out in Article 14 of the Law on Citizenship of the Republic of Azerbaijan (22 Nov. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Article 14 of the Law on Citizenship of the Azerbaijan Republic provides the following regarding "Admission to the citizenship of the Azerbaijan Republic":
A foreigner or a stateless person who legally resides on the territory of the Azerbaijan Republic uninterruptedly and permanently for the last 5 years, who has legal source of income and undertakes to abide by the Constitution and Azerbaijani legislation, as well submits a document certifying his/her knowledge of the state language, may be admitted to the citizenship of the Azerbaijan republic upon his/her own application consistent with this Law, regardless of his/her origin, social and property status, race and nationality, sex, educational background, language, religious views, political and other convictions.
The term of permanent residence on the territory of Azerbaijan Republic of foreigner or stateless person is being calculated from the date of issuance of permanent residence permit in established order.
The term of uninterrupted stay on the territory of Azerbaijan Republic is recognized to be uninterrupted only if person has been outside Azerbaijan for not more than 3 months in a year.
Foreigners and stateless persons can be admitted to the citizenship of Azerbaijan Republic regardless of the term indicated in the first part of this article in the following cases:
- possession of high achievements in the sphere of science, technics, culture or sport;
- in exceptional cases, if persons represents special interest for the Republic of Azerbaijan
In these cases, the relevance of admittance of foreigners and stateless persons to the citizenship of the Republic of Azerbaijan is being substantiated by the appropriate body of executive power.
Person who has rendered great service for Azerbaijan Republic can be admitted to the citizenship of the Republic of Azerbaijan regardless of the conditions stipulated in the part 1 of this article.
If a person applying for the citizenship of the Azerbaijan Republic calls for forcible change in the state structure set by the Constitution of the Azerbaijan Republic, for disturbing its territorial integrity; performs activities that cause damage to state security, public order, the health and morality of the population; propagandizes racial, religious and national hatred; has relations with terrorist activities, then such application for citizenship shall be rejected.
Decision on admission to the citizenship of the Azerbaijan Republic shall be adopted in accordance with Article 109 of Paragraph 20, of the Constitution of the Azerbaijan Republic.
A person applying for the citizenship of the Azerbaijan Republic shall pay official fee in a manner and amount determined by the legislation of the Azerbaijan Republic. (Azerbaijan 1998, emphasis in the original)
In correspondence with the Research Directorate, a Partner at Caspian Legal Center, an Azerbaijani law firm that offers, among other services, legal support in immigration to Azerbaijan, explained that, regarding obtaining citizenship by birth, the July 2014 amendments to the Law on Citizenship introduced conditions to citizenship under Article 11, namely that "a person born in Azerbaijan may only be conferred citizenship if one of his/her parents is Azerbaijani citizen" (Partner 16 Nov. 2016). According to the same source, this requirement about the citizenship of a parent would not be applied retrospectively if a person was born before 1 July 2014 (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Articles 11 and 12 of the Law on Citizenship of the Azerbaijan Republic provide the following:
Article 11. Grounds for acquisition of the citizenship of the Azerbaijan Republic
A person shall obtain the citizenship of the Azerbaijan Republic in the following cases:
- by birth in the territory of the Azerbaijan Republic (except for cases envisaged in parts 1 and 2 of article 12 of the present Law) or being born by a citizen of the Azerbaijan Republic;
- by admission to the citizenship of the Azerbaijan Republic;
- by grounds foreseen under the international treaties of the Azerbaijan Republic;
- by other grounds foreseen under this Law.
Article 12. Citizenship of children of foreigners and stateless persons born in the territory of the Republic of Azerbaijan
A child born in the territory of the Republic of Azerbaijan both parents of whom are foreigners shall not be a citizen of the Republic of Azerbaijan.
A child born in the territory of the Republic of Azerbaijan one parent of whom is a foreigner and the other one is a stateless person shall not be a citizen of the Republic of Azerbaijan.
A child born in the territory of the Republic of Azerbaijan both parents of whom are stateless persons shall be a citizen of the Republic of Azerbaijan." (Azerbaijan 1998)
Azerbaijan's Cabinet of Ministers approved the "Rules for establishment of the citizenship of the Republic of Azerbaijan" on 18 March 2015 (Azerbaijan 13 Mar. 2016; ABC.AZ 10 Apr. 2015; Partner 16 Nov. 2016). An article posted on the website of the State Migration Service states that
… Item 4.3 of the Rules [for establishment of the citizenship of the Republic of Azerbaijan] envisages such a significant provision that in case the absence of registration upon place of residence of persons, who were citizens of the Republic of Azerbaijan (or SSR [Soviet Socialist Republic] of Azerbaijan) until the date when the Law “On citizenship of the Republic of Azerbaijan” came into force (until October 7, 1998) and have not left the territory of the country, results in their statelessness, then their affiliation to citizenship of Azerbaijan is recognized. (Azerbaijan 13 Mar. 2016)
The Partner at Caspian Legal Center explained the following:
The Law on [C]itizenship does not expressly regulate the situation where both parties have renounced their citizenship before their child obtains citizenship of the Republic of Azerbaijan. This law specifies that where a child's parent renounces Azerbaijani citizenship, the Azerbaijani citizenship of the child may be kept [as Azerbaijani] or the child may change the citizenship with the approval of the other parent. However, the Rules on the Determination of a Person's Belonging to Azerbaijani citizenship … specifics situation[s] where the citizenship may be recognized. One of these situations is where the parents of the child have renounced their Azerbaijani citizenship. This is one of the grounds to submit [an] application for the determination of belonging to Azerbaijani citizenship. Under Article 4.1.1. of the said Rules [for establishment of the citizenship of the Republic of Azerbaijan], in this case, the child's belonging to Azerbaijani citizenship may be recognized when one of the parents of the child continues to be Azerbaijani citizen. Since the Law on Citizenship and the Rules regulate qualification for citizenship and recognition of belonging to Azerbaijani citizenship via administrative procedure, it may be concluded that any other situation not expressly specified as the ground for recognition of belonging to Azerbaijani citizenship is considered as ground for refusal. Therefore, from this perspective the situation where both parents have renounced the citizenship may be refused from recognition. This specific administrative procedure is applicable in cases where the person generally qualifies for the citizenship, but has not obtained any document confirming the citizenship (domestic ID or national passport). (16 Nov. 2016.)
Similarly, a 2015 article about the Rules for establishment of the citizenship of the Republic of Azerbaijan, which was published on ABC.AZ, an Azerbaijani business information and news portal (ABZ.AZ n.d.), indicates the following:
[c]itizenship should be established in the case [that the] person's documents are absent of authenticity [or] [sic] the authenticity of such documents is questionable. Establishment of citizenship can be based on the following facts: a person was a citizen of Azerbaijan (or Azerbaijan SSR) before the law 'on Azerbaijan citizenship' came into force (before October 7 19[9]8); a person was born at the territory of Azerbaijan; both parents of a person are citizens of Azerbaijan; only one parent is a citizen of Azerbaijan; one or both parents [changed to] Azerbaijan citizenship or [renounced] it; one of parents adopted a foreign child or a child without citizenship: a person is a forced migrant (from January 1, 1988 until January 1, 1992), parents of a child living at the territory of Azerbaijan are not known. (ibid. 10 Apr. 2015)
The Migration Policy Centre (MPC) [1], a centre co-financed by the European Union that "conducts advanced policy-oriented research on global migration, asylum and mobility" (MPC n.d.), states, in a 2013 Migration Profile report on Azerbaijan, that
[t]he Law 'On State Policy Concerning Citizens Residing Abroad' provides the definition of a citizen residing abroad: citizens of AR [Azerbaijan Republic] and their children, former USSR citizens or former citizens of Azerbaijan and their children. This Law stipulates that residence of an AR citizen in another country shall not serve as a pretext for termination of his or her citizenship. (ibid. June 2013, 12)
Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The State Migration Service's website states that "a person who desires to obtain citizenship … should apply with the application form addressed to the President of the Republic of Azerbaijan" and that "documents required for the acquisition of citizenship of Azerbaijan by foreign and stateless persons" are attached to the application (Azerbaijan n.d.). The same source lists the documents required as:
- four photos sized 3x4 cm;
- reference from the place of residence on family members;
- receipt certifying payment of the state fee;
- reference from the place of residence on living last five years in the Republic of Azerbaijan;
- reference from the Ministry of Education about knowledge on official language of the Republic of Azerbaijan;
- copy of the permission card for permanent residence in the territory of the Republic of Azerbaijan;
- copy of the identity document;
- document certifying existence of legal source of income (one of the following documents: reference from work place, reference on getting pension, grant or social assistant, reference from tax collecting body on income of physical persons, reference on receipt of alimony, inheritance certificate, etc);
- for highly qualified specialists in the fields of science, technology, culture or sport stipulated in 1st item of the fourth paragraph of Article 14th of Azerbaijani Republic Law “On citizenship of the Republic of Azerbaijan”, justified application of state body inviting him/her to Azerbaijan Republic. (Azerbaijan n.d.)
The same website also provides a list of "documents required for the establishment of [a] person's citizenship" (ibid.). The source states that "[u]pon individual request of the person, the following documents are attached to the relevant application form" (ibid.):
- Two photos sized 3x4 cm;
- Autobiography;
- In relation to the persons envisaged in Item 2.2.1 of “Rules on establishment of person’s citizenship of the Republic of Azerbaijan” document issued by the Ministry of Interior Affairs of the Republic of Azerbaijan on registration upon place of residence in the Republic of Azerbaijan until the date of entry into force of the Law of the Republic of Azerbaijan “On Citizenship of the Republic of Azerbaijan” (with date of registration upon place of residence and deregistration indicated);
- copy of the passport or other identity document (in case this document is not available, relevant document which indicates such information);
- copy of the birth certificate (in case this document is not available, relevant document which indicates such information);
- copy of the identity documents of the minor’s parents;
- in case the person is a refugee resided in the Republic of Azerbaijan from January 1, 1988 till January 1, 1992, copy of the relevant certifying document about the case (in case this document is not available, relevant document which indicates such information);
- in case of adoption, copy of the document on adoption of the foreign or stateless child (in case this document is not available, relevant document which indicates such information);
- in cases envisaged in Item 4.2 of “Rules on establishment of person’s citizenship of the Republic of Azerbaijan”, relevant statements of consent;
- if the person, envisaged in Item 2.1 of “Rules on establishment of person’s citizenship of the Republic of Azerbaijan”, was born in the territory of another state (except the person whose birth has been officially registered by the Republic of Azerbaijan) or one of his/her parents is a citizen of another state or that person has lived in other states, copy of the document confirming that he/she is not a citizen of that state. (ibid.)
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Note
[1] The Migration Policy Centre is part of the Robert Schuman Centre at the European University Institute (EUI 1 Apr. 2016).
References
ABC.AZ. 10 April 2015. "Rules for Establishment of Nationality Adopted in Azerbaijan." [Accessed 7 Nov. 2016]
ABZ.AZ. N.d. "About Us." [Accessed 24 Nov. 2016]
Azerbaijan. 13 March 2016. State Migration Service. "Eradication of Statelessness as a Priority of State Migration Service." [Accessed 7 Nov. 2016]
Azerbaijan. 1998 (amended 2014). The Law of the Azerbaijan Republic on Citizenship of the Azerbaijan Republic. [Accessed 28 Oct. 2016]
Azerbaijan. N.d. State Migration Service. "Required Documents." [Accessed 7 Nov. 2016]
Lawyer, International Organization for Migration (IOM), Azerbaijan. 22 November 2016. Correspondence with the Research Directorate.
European University Institute (EUI). 1 April 2016. "Research Themes." [Accessed 14 Nov. 2016]
Migration Policy Centre (MPC). June 2013. MPC Migration Profile - Azerbaijan. [Accessed 7 Nov. 2016]
Migration Policy Centre (MPC). N.d. "About." [Accessed 14 Nov. 2016]
Office for Democratic Institutions and Human Rights (ODIHR), a specialized institution of the Organization for Security and Co-operation in Europe (OSCE). N.d. Legislationline. 2016. "Azerbaijan Citizenship." [Accessed 31 Oct. 2016]
Partner, Caspian Legal Center, Azerbaijan. 16 November. 2016. Correspondence with the Research Directorate.
Additional Sources Consulted
Oral sources: Azerbaijan – Embassies in Ottawa, London, and Washington, DC, Ministry of International Affairs, State Migration Service; Center for Legal Assistance to Migrants; Forum of Azeri NGOs on Migration "FANGOM"; Legal Education Society; Society for Humanitarian Research; Three law firms in Azerbaijan; UN – UNHCR Canada.
Internet sites, including: Amnesty International; Azerbaijan – Ministry of International Affairs; Council of Europe; ecoi.net; Factiva; Human Rights Watch; UN – Office of the High Commissioner for Human Rights, Refworld; US – Department of State.
Attachment
Azerbaijan. 1998 (amended 2014). The Law of the Azerbaijan Republic on Citizenship of the Azerbaijan Republic. [Accessed 28 Oct. 2016]