Blog / Work permit in Azerbaijan
Work permit in Azerbaijan
- Emil Khudiyev (Lawyer)
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Rapidly changing demand and the general increase in the flow of foreign specialists in the labor market of Azerbaijan dictates its own trends, especially in the field of migration regulation.
Foreigners who arrive to Azerbaijan and wish to work here often face the question “How to get a work permit?” and “How to get everything done legal?”. And since you also wandered into this page, you are also probably interested in this question.
So, first of all…
What is work permit?
Work permit — permission issued to foreigners and stateless persons to engage in paid labor activity in the territory of Azerbaijan.
State Migration Service of Azerbaijan is a responsible state authority for issuing work permits in Azerbaijan.
Every able-bodied foreigner who has reached the age of 18 can work in the Republic of Azerbaijan after obtaining a work permit by a company (including a branch / representative office of a foreign company) or an private entrepreneur who attracted him to work.
Main terms of issuance of work permit
To be engaged in paid labor activity in Azerbaijan, several factors must be matched:
1. Vacant places, that are not claimed by an Azerbaijani citizen who has the appropriate professional qualifications and experience;
2. Lack of qualified local staff.
In short, in case foreigner and local Azerbaijani citizen have the same qualifications and they both apply for the same job position, Azerbaijani citizen prevails.
What documents are required to apply for work permit?
To apply for work permit in Azerbaijan the following documents should be submitted to Migration Service:
1) Application form;
2) Copy of passport;
3) Notarized copy of diploma, certificate or other document confirming that a foreigner has the required qualification.
4) Reference justifying the necessity to employ the foreigner and stateless person in the considered job;
5) If employer is:
– a juridical person – notarized copies of the charter of juridical person and certificates of state registration;
– a physical person – notarized copies of ID of the person and certificate of taxpayer’s registration.
6) Medical reference certifying that a foreigner is not a carrier of virus of a disease included in the list of dangerous infectious diseases (HIV, Hepatitis B and C).
As you can see from the above list, employer should receives apply for work permit.
Who doesn't need a work permit?
The following persons don’t need to obtain a work permit in Azerbaijan:
1) Holders of permanent residence in Azerbaijan;
2) Persons engaged in entrepreneurship activity in the territory of the Republic of Azerbaijan;
3) Employees of diplomatic representations and consulates;
4) Employees of international organizations;
5) Heads of the organizations established under international agreements and their deputies;
6) Persons employed by relevant executive authorities;
7) Military servicemen and experts invited to serve or work for the Armed Forces of the Republic of Azerbaijan and other armed units, established according to the legislation of the Republic of Azerbaijan;
8) Employees of Media accredited in Azerbaijan;
9) Persons dispatched for a business trip for not more than 90 days within a year to the Republic of Azerbaijan in the activity fields defined by the Cabinet of Ministers in consultation with the President of the Republic of Azerbaijan;
10) Specialists included to the category defined by the relevant executive authority who have been invited by the citizens of the Republic of Azerbaijan or juridical persons established in the Republic of Azerbaijan for the purpose of doing works or rendering services in the activity fields determined by the relevant executive authority;
11) Seamen;
12) Professors, teachers and lecturers invited to deliver lectures at higher education institutions;
13) Art workers, coaches and athletes invited to work for sport clubs officially registered by the relevant executive authority;
14) Persons engaged in professional religious activity at the officially registered religious institutions;
15) Heads and deputy heads of branches and representations of foreign companies in Azerbaijan;
16) Heads and deputy heads of a company (commercial/non-commercial) founded in Azerbaijan when its founder or at least one of its founders is a foreign juridical or physical person;
17) Persons married with the citizen of the Republic of Azerbaijan provided that the citizen is registered at the place of residence in the territory of the Republic of Azerbaijan;
18) Persons applied for, obtained refugee status or were granted political asylum;
19) Persons considered a victim of human trafficking or assists to criminal investigation bodies;
20) Persons having in their custody citizens of the Republic of Azerbaijan who are under the age of 18 or disabled persons of group I;
21) Persons involved in labour activity in cases defined by the President of the Republic of Azerbaijan.
Where to apply?
To obtain a work permit you need to apply to Migration Service and submit relevant documents.
It also can be done by applying to relevant Regional migration departments, ASAN service, or use online services through the eservice.migration.gov.az website.
FAQ
Can I get work permit for more than 1 year?
No. Work permit can be issued for no longer than 1 year. Nn case the labour contract is concluded for less than 1 year, then work permit is issued for that period. Work permit can be extended each time for no more than 1 year (Article 69.1 of Migration code of Azerbaijan).
How to extend work permit?
Employer must submit an application and relevant documents specified in this article to the State Migration Service no later than 30 days before the expiration of the work permit.
Is it possible to apply for another job, while having a valid contract with employer?
Yes. In this case new employer have to apply to the Migration Service with your valid work permit and other relevant documents.
What is the amount of state duty for issuance of work permit?
You can check the state duty fees here.
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.
Need a Lawyer in Azerbaijan? Just Call Emil!
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