1. Grounds for Recognition of Citizenship of the Republic of Azerbaijan
In accordance with the Law of the Republic of Azerbaijan “On Citizenship of the Republic of Azerbaijan,” the following persons are recognized as citizens of the Republic of Azerbaijan:
- persons who held citizenship of the Republic of Azerbaijan prior to the entry into force of the aforementioned Law (based on their registration at a place of residence in the Republic of Azerbaijan before the Law entered into force);
- persons who, as of 1 January 1992, were not citizens of the Republic of Azerbaijan or of another state but were registered at their place of residence in the territory of the Republic of Azerbaijan;
- refugees who settled in the territory of the Republic of Azerbaijan between 1 January 1988 and 1 January 1992;
- persons who acquired citizenship of the Republic of Azerbaijan in accordance with the provisions of the said Law.
The following documents confirm citizenship of the Republic of Azerbaijan:
- a birth certificate;
- the identity card of a citizen of the Republic of Azerbaijan;
- the passport of a citizen of the Republic of Azerbaijan (ordinary, service, or diplomatic).
2. Admission to Citizenship of the Republic of Azerbaijan
A foreign citizen or a stateless person who has permanently resided in the territory of the Republic of Azerbaijan for the last five years and who submits a document confirming knowledge of the state language of the Republic of Azerbaijan may, upon petition, be admitted to the citizenship of the Republic of Azerbaijan.
A person wishing to acquire citizenship of the Republic of Azerbaijan must submit an application addressed to the President of the Republic of Azerbaijan through the Ministry of Internal Affairs of the Republic of Azerbaijan, using the application form approved by the President of the Republic of Azerbaijan.
The following documents must be attached to the application:
- four photographs (3 × 4 cm);
- a certificate on family composition issued at the place of residence;
- a document confirming payment of the state fee;
- a certificate confirming residence in the Republic of Azerbaijan during the last five years;
- a certificate issued by the Ministry of Science and Education confirming knowledge of the state language of the Republic of Azerbaijan.
If the applicant is a citizen of a state with which the Republic of Azerbaijan has concluded an international treaty on the prevention of dual citizenship, the applicant must submit a document issued by the competent authority of that state confirming its position regarding the applicant’s intention to acquire citizenship of the Republic of Azerbaijan.
If it is impossible to submit such a document for reasons beyond the applicant’s control, this must be clearly indicated in the application.
A petition for admission to or restoration of citizenship of the Republic of Azerbaijan shall be rejected if the applicant:
- calls for the violent change of the constitutional order established by the Constitution of the Republic of Azerbaijan;
- calls for violation of the territorial integrity of the Republic of Azerbaijan;
- engages in activities harmful to state security, public order, or public health and morality;
- promotes racial, religious, or national exclusivity;
- is involved in terrorist activities.
Petitions related to citizenship matters are examined by the Commission on Citizenship Matters under the President of the Republic of Azerbaijan.
3. Renunciation of Citizenship of the Republic of Azerbaijan
A person wishing to renounce citizenship of the Republic of Azerbaijan shall submit an application addressed to the President of the Republic of Azerbaijan through the Ministry of Internal Affairs of the Republic of Azerbaijan, using the application form approved by the President of the Republic of Azerbaijan.
Applications from citizens residing abroad are accepted by the diplomatic missions and consular offices of the Republic of Azerbaijan accredited in foreign countries.
A petition for renunciation of citizenship may be rejected if the applicant has:
- outstanding obligations to the state; or
- property-related obligations toward legal entities or individuals in the Republic of Azerbaijan.
Renunciation of citizenship shall not be permitted if the applicant:
- has been charged as an accused person in criminal proceedings;
- is subject to a court judgment that has entered into legal force and is subject to enforcement; or
- if renunciation contradicts the interests of the state security of the Republic of Azerbaijan.
In such cases, renunciation may be considered only after the relevant circumstances have been resolved.
The following documents must be attached to the application:
- four photographs (3 × 4 cm);
- a certificate on family composition from the place of residence;
- a document confirming payment of the state fee;
- if the applicant has children under the age of 18, their details must be indicated in paragraph 14 of the application form;
- written consent of children aged 14–18 (certified by a notary or at a consulate);
- consent of the other parent;
- four photographs (3 × 4 cm) of each child under the age of 18;
- a document confirming the applicant’s statelessness or a guarantee of acquisition of citizenship of another state.
Petitions related to citizenship matters are examined by the Commission on Citizenship Matters under the President of the Republic of Azerbaijan.
Applicants whose petitions have been rejected may reapply after eliminating the circumstances that led to the rejection.
4. Restoration of Citizenship of the Republic of Azerbaijan
A person who previously held citizenship of the Republic of Azerbaijan or whose citizenship has been terminated may apply for restoration of citizenship upon his or her own petition.
For this purpose, an application addressed to the President of the Republic of Azerbaijan must be submitted.
The following documents must be attached to the application:
- four photographs (3 × 4 cm);
- a document confirming termination of citizenship of the Republic of Azerbaijan;
- a certificate on family composition from the place of residence;
- a certificate confirming that the applicant has undergone an HIV test, along with a health certificate (this document is not required if the applicant has not left the Republic of Azerbaijan).
Applications for restoration of citizenship addressed to the President of the Republic of Azerbaijan shall be submitted:
- by persons residing in the territory of the Republic of Azerbaijan — to the Ministry of Internal Affairs;
- by persons residing abroad — to the diplomatic missions or consular offices of the Republic of Azerbaijan.
If one of the parents of a child residing in the Republic of Azerbaijan has acquired citizenship of the Republic of Azerbaijan and the other parent is a foreign citizen, or if one of the parents of a child residing abroad has acquired citizenship of the Republic of Azerbaijan and the other parent is a stateless person, the child may acquire citizenship of the Republic of Azerbaijan upon the petition of the parent who has acquired such citizenship.
The decision on acquisition, restoration, or termination of citizenship of the Republic of Azerbaijan is adopted by the President of the Republic of Azerbaijan. Written notification of the decision shall be provided to the applicant.
NOTE
Please be informed that, in accordance with the amendments to the Law of the Republic of Azerbaijan “On Citizenship of the Republic of Azerbaijan,” a citizen of the Republic of Azerbaijan who acquires the citizenship of a foreign state must notify the Ministry of Foreign Affairs of the Republic of Azerbaijan or the State Migration Service of the Republic of Azerbaijan in writing within one month, either directly or through the Embassy.
Failure to provide such notification entails liability in accordance with the Criminal Code of the Republic of Azerbaijan.