Revocation & deprivation of Azerbaijani citizenship
- Emil Khudiyev (Lawyer)
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Getting Azerbaijani citizenship through a permanent residence permit is a big deal. But, it’s important to know that it can be taken away for certain reasons. The Law “On Citizenship” says when citizenship can be revoked.
Citizenship is a kind of relationship between a person and a state. If a person meets the legal requirements for obtaining citizenship, then state gives him certain rights and privileges. In return, a person has certain obligations before the state.
Getting Azerbaijani citizenship through a permanent residence permit is a big deal. But, it’s important to know that it can be taken away for certain reasons. The Law “On Citizenship” says when citizenship can be revoked.
We already researched about the procedure of obtaining of Azerbaijani сitizenship. Now let’s review how to revocate or deprive of Azerbaijani citizenship?
Reasons for citizenship revocation
The procedure of revocation of citizenship is regulated by the Law “On Citizenship” and the Decree of the President “On approval of the provisions on consideration of citizenship issues of the Republic of Azerbaijan and the rules for their decision“.
Azerbaijani citizenship can be taken away if you got it by lying or using fake documents. If you do something that threatens Azerbaijan’s security, you could lose your citizenship too. Other reasons might be in international treaties or the law.
Application process for citizenship revocation
To have your Azerbaijani citizenship revoked, you must apply yourself. The process is different if you’re in Azerbaijan or outside the country. You need submit your application and other relevant documents to us.
When applying to have your citizenship revoked, you have to do submit the following documents:
1) Application-form (in 2 copies);
2) Application addressed to the President of the Republic of Azerbaijan (indicating the reason) (in 2 copies);
3) CV (in 2 copies);
4) 4 photos sized 3×4 cm;
5) Copy of an identity document;
6) Document confirming the absence of credit obligations (from the Azerbaijan Credit Bureau);
7) Document on the absence of tax obligations to the state (from the State Tax Service);
8) Document from the Main Executive Department of the Ministry of Justice of the Republic of Azerbaijan on the absence of payment of alimony in relation to the person and other executive documents;
9) A document on the absence of military duty (a notarized copy of a military ID or a certificate from the local branch of the State Service for Mobilization and Conscription for Military Service, where the person is registered);
10) Certificate from the housing maintenance site at the place of residence on the absence of debt for housing and communal services;
11) Certificate of absence of debts for gas, water use and wastewater discharge, electricity, telephone conversations.
12) Check for payment of state duty.
Application process for citizenship revocation
If a person is abroad, then it is necessary to apply to the nearest embassy or consulate of the Republic of Azerbaijan. You can find the list of Azerbaijani embassies/consulates in foreign countries at this link.
So, after submitting the documents, the Migration Service or the Ministry of Foreign Affairs of Azerbaijan submits these documents for consideration to the relevant law enforcement agencies (State Security Service, Foreign Intelligence Service and the Ministry of Internal Affairs). After they provide their conclusions, the Migration Service or the Ministry of Foreign Affairs of Azerbaijan sends the collected material for consideration by the Presidential Administration for subsequent submission to the Citizenship Commission under the President of Azerbaijan.
How to deprive of citizenship of Azerbaijan?
You probably heard the phrase “deprivation of citizenship”? So, quite often the deprivation of citizenship is called loss.
Unlike withdrawal from citizenship, deprivation occurs at the initiative of the relevant state authorities, and the decision on deprivation of citizenship is taken by the court.
The procedure for deprivation of citizenship is regulated by the Law “On Citizenship” and the Decree of the President “On approval of the provisions on consideration of citizenship issues of the Republic of Azerbaijan and the rules for their decision“.
Grounds for loss of Azerbaijani citizenship
According to Clause 18 of Law “On citizenship” of the Republic of Azerbaijan ground of deprivation of loss of Azerbaijani citizeship are the follows:
1) if a citizen of the Republic of Azerbaijan voluntarily acquires citizenship of another state;
2) if a citizen of the Republic of Azerbaijan voluntarily serves in state or municipal bodies, armed forces or other military units of a foreign state;
3) if a behavior of a citizen of the Republic of Azerbaijan causes serious damage to a state security;
4) participation of a citizen of the Republic of Azerbaijan in terrorist activity or carrying out actions aimed at forcibly changing the constitutional structure of the Republic of Azerbaijan;
5) Participation of a citizen of the Republic of Azerbaijan in religious extremist activity;
6) if a person who acquired a citizenship of the Republic of Azerbaijan intentionally falsified necessary information for obtaining a citizenship or submitted a false document.
FAQ
Under what circumstances can Azerbaijani citizenship be revoked?
Azerbaijani citizenship can be taken away if it was gained falsely or if actions threaten the country’s safety or interests. Those who lose citizenship may have to leave the country and could face more penalties.
How long does the renunciation procedure takes?
In practice, renunciation of citizenship takes at least 6 months. Depends on each specific case separately.
How long does the deprivation procedure takes?
In practice, deprivation of citizenship takes 5-6 months, but it can take more time. Depends on each specific case separately.
Why can I be refused to renounce of citizenship?
1) If a person has unfulfilled obligations before the state or property obligations before legal entities and individuals.
2) If a person is involved as an accused in a criminal case, or there is a court sentence that has entered into legal force and is subject to execution.
3) If the withdrawal of a person from citizenship contradicts to the interests of the state security of Azerbaijan.
If there is any of the above cases, then the exit of a person from citizenship is not allowed until they are eliminated.
What should I do if there is no Azerbaijani embassy/consulate in my country?
In this case, you should contact the Azerbaijani embassy/consulate in the country closest to you.
You can find the list of Azerbaijani embassies/consulates in foreign countries at this link.
How EMZE can help you?
As an immigration lawyer from Azerbaijan, I’m always ready to help you and provide you legal aid in obtaining of a temporary residence, permanent residency and work permit in Azerbaijan, provide you with legal consultancy on different matters, like how to open a company in Baku and start business in Azerbaijan, how to open bank accounts and etc.
Other legal services in the field of migration law, you can find in “My Services” section.
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