Amendments to the Migration Code
By the Law of the Republic of Azerbaijan No. 124-VIIQD dated December 29, 2024, the Migration Code (“The Code”) has been amended.
Based on this amendment, the concept of a highly qualified migrant has been added to the Code. Specifically, a highly qualified migrant refers to foreigners and stateless persons whose applications have been positively responded to within the framework of a program implemented to expand the opportunities for highly qualified specialists to engage in paid employment activities in the Republic of Azerbaijan.
The amendments to the Code regarding highly qualified migrants are as follows:
Work permit
- Highly qualified migrants will not be required to obtain a work permit when they are engaged in activities in their field of expertise.
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The refusal of a work permit due to the possibility of meeting the employer's labor force needs from local labor resources and the fulfilment of the labor migration quota will not apply to the spouse and children under 23 years of age of the highly qualified migrant.
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If the condition that serves as the basis for issuing a work permit without applying the requirement to meet the employer's workforce needs through local labor resources is no longer valid, the work permit granted to the individual will be considered invalid.
Extension of Temporary Stay Period
- If it is not possible for the highly qualified migrant to start activities in their field of expertise due to reasons beyond their control, their temporary stay period may be extended.
Temporary Residence Permit
- Highly qualified migrants have been added to the cases for obtaining a temporary residence permit for foreigners and stateless persons. It should be noted that a temporary residence permit for highly qualified specialists is intended to be issued for a period not exceeding 3 years.
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The condition of refusing a temporary residence permit if foreigners and stateless persons stay outside the Republic of Azerbaijan for more than 90 days within 180 days will not apply to highly qualified migrants.
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The issuance of a work permit to the spouse and children under 23 years of age of a highly qualified migrant will not be carried out within the framework of the labor migration quota.
Permanent Residence Permit
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Highly qualified migrants have been added to the cases for obtaining a permanent residence permit.
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The document proving that foreigners and stateless persons and their accompanying family members have sufficient funds to meet their minimum needs, which is one of the required documents for obtaining a permanent residence permit, will not be required from highly qualified migrants.
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When reviewing applications for permanent residence permits, the verification of the rights and obligations of foreigners and stateless persons as stipulated by the laws of the Republic of Azerbaijan, as well as their knowledge of the state language, will not apply to highly qualified migrants.
This amendment has entered into force on December 29, 2024.