Migration Code Changes Immigration Fines, Other Rules

At a Glance

The Azerbaijani government announced changes to the Migration Code which affect the following topics:

• Registration requirements;
• Permanent residence applications;
• Immigration bans; and
• Interest penalties on fines.

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The situation

Multiple changes were announced to the Migration Code which affect foreign nationals, effective immediately.

Relaxed requirements

• Registration requirements. All foreign nationals seeking to stay for more than 15 days in Azerbaijan can now register with the State Migration Service within 15 days of arrival.
  • Previous rule. Previously, foreign nationals and stateless persons visiting the country with the intent to stay for more than 10 days were required to register within 10 days of arrival.
  • Impact. Foreign nationals can stay for up to two weeks in Azerbaijan without registering with the State Migration Service.
     
• Permanent residence applications. Foreign nationals whose permanent residence permit applications have been rejected can apply for a temporary residence permit through the State Migration Service.
  • Previous rule.  Permanent residence applicants with rejected permanent residence permit applications had to leave Azerbaijan.
  • Impact. Foreign nationals can now remain in Azerbaijan even if their permanent residence permits have been rejected.
     
• Immigration ban abolished. Under the new law, only foreign nationals who have been held liable by the State Migration Service for violating immigration rules who have not paid their fine are prohibited from entering Azerbaijan for five years. Those who paid their fine will have their ban cancelled.
  • Previous rule. Previously, foreign nationals held liable by the State Migration Service for violating immigration laws two or more times in the last three years were banned from entering Azerbaijan for five years.
  • Impact. Foreign nationals who are subject to fines should ensure full payoff so they can benefit from the new rule, which will cancel their ban.

Stricter requirements

• Interest penalty imposed. A foreign national who fails to pay a fine within 30 days of the imposition of the fine will owe a 1% interest payment for each day of delay. The amount of the fine will be applied to the whole period of delay, up to a maximum of two months. Additionally, if a penalty is not paid within 30 days from the date it was imposed, work and temporary residence permit applications will be rejected.
  • Previous rule. There was no previous interest penalty.
  • Impact. Foreign nationals should pay off any fines immediately to avoid further payment for any past-due fines.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].