In Azerbaijan, migration policy is handled by the State Migration Service, and appropriate departments of Ministry of Labor and Social Protection of Population, Ministry of Healthcare, Ministry of Foreign Affairs, Ministry of İnternal Affairs, State Border Service, State Committee of Republic of Azerbaijan for Refugees and IDPs and State Security Service. Migration Code, Law on Citizenship, Law on Immigration are the foundations of migration policy in Azerbaijan. An independent migration office, the State Migration Service, was established on March 19, 2007 to regulate fast-paced migrants and prepare comprehensive and efficient migration policies.
Background After gaining independence in 1991, Azerbaijan faced with the significant wave of emigration of its citizens abroad because of the hardships the country was hit by, such as unstable political situation, economic slowdown and internal movement of refugees and IDPs due to Nagorno Karabakh conflict. As years passed, increasing role of the country as a transit country, economic development and implementation of large-scale projects in the fields of energy and transport enabled Azerbaijan to attract growing number of immigrants. Azerbaijan confronted with many-sided problems in the migration processes, therefore a number of actions have been carried out in this field to handle them. Adopting Stated Migration Policy Concept, approving State Migration Program for 2006-2008, establishing State Migration Service were among those actions. Moreover, a Task Force composed of representatives of public bodies was formed to work on the introduction of bio-metric identification. State Program on Bio-metric Identification in the Republic of Azerbaijan was compiled on their recommendations and approved by Ilham Aliyev on February 13, 2007. The Law on National Identity Card of the Republic of Azerbaijan was amended in December 2011 to provide identity cards carry electronic chips containing personal information. Azerbaijan joined he UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families and Palermo Protocols related to trafficking in persons and smuggling of migrants. Decree on the development of migration management system dated 5 August 2008, Order on Integrated Migration Information System dated 6 February 2009, implementation of “Single Window” system on State Migration Service’s activities starting from 4 March 2009, issuing law-enforcement body status to State Migration Service on 8 April 2009 are among the core activities to improve migration management system.
State Migration Concept State Migration Management Policy Concept of the Republic of Azerbaijan was approved by the Cabinet of Ministers on 13 July 2004 taking into account the necessity of defining state policy on migration issues for the preparation of the State Migration Program. The concept contains 4 sections: in addition to general provisions and migration related situation in Azerbaijan, these include goals, principles and objectives of migration policy, as well as the mechanism for implementation of Azerbaijan’s state migration policy.
The main directions for Azerbaijan’s state migration policy are: ensuring control over migration processes in Azerbaijan and preventing illegal migration; stimulating Azerbaijani compatriots living abroad to resettle in Azerbaijan and facilitating the return of emigrants, as well as promoting the immigration of qualified specialists and other foreign workers needed on the Azerbaijani labour market; and simplifying entry and residence in Azerbaijan for foreign citizens doing business in Azerbaijan.
The main mechanisms for implementing the concept are: improving the legislation of the Republic of Azerbaijan on migration; advancing the migration management system and coordinating the activities of migration management bodies; establishing unified state information system on migration issues; developing cooperation with international organizations and relevant government agencies of foreign countries to regulate migration processes.
State Migration Program The State Migration Policy Concept of Azerbaijan was followed by the State Migration Program of the Republic of Azerbaijan for 2006-2008. The Program was approved by the President of Azerbaijan on 25 July 2006. This Program was set up to implement required actions in order to achieve the objectives mentioned in the Migration Policy Concept.
The Program contains 3 sections - general information and characteristics of migration related processes of Azerbaijan, main directions of state migration policy of Azerbaijan and international cooperation in this area. In addition, measures to be implemented within the framework of the State Migration Program are also defined.
According to the Program, the main purpose of state migration policy of Azerbaijan is to regulate migration flows while ensuring national security and interests of Azerbaijani Republic and prevent negative consequences of uncontrolled migration processes. The main objectives of migration policy of Azerbaijan are defined in the Program as efficient use of migration processes for the country’s development; implementation of state programs and measures related to migration in comply with the interests of society and people; prevention of illegal migration; establishing necessary condition to accelerate adaptation process of migrants to existing socioeconomic situation; protection of rights of migrants.
Implementation of the state migration policy implies the activities of the relevant state bodies in the following main directions within the framework of this State Program:
improving the migration management mechanism; establishing legal basis for identification of mutual rights and obligations of migrants and the state; increasing the effectiveness of state regulation of migration, announcing quotas for receiving immigrants, taking into account the needs of the domestic labor market; taking relevant measures to eliminate negative cases in relevant state bodies dealing with migration issues; implementation of complex measures to prevent illegal migration; cooperation with foreign countries' migration services and international organizations for the solution of migration related problems.
Government agencies responsible for migration processes However State Migration Service is fully responsible for migration processes, other state bodies - Ministry of National Security, Ministry of Internal Affairs (MIA), Ministry of Foreign Affairs (MFA), State Border Service, Ministry of Labour and Social Protection of the Population, State Committee on Refugees and Internally Displaced Persons – also handles migration related issues in the framework of their activities.
New department related to migration service - Chief Passport and Registration and Migration Department - inside the Ministry of Internal Affairs was established by the Presidential Decree on June 29, 2005, which came into force on May 16, 2006. It is a detached structural fraction within MIA and registers nationals of Azerbaijan or other states, and stateless persons, issues identity documents to foreign citizens, as well as national passports to Azerbaijani citizens, and conducts immigration matters within the MIA’s authorities.
State Migration Service
In order to fulfill state policy on migration, improve the management system of migration processes, and coordinate activities of different state bodies on migration processes, State Migration Service of the Republic of Azerbaijan was formed on March 19, 2007 according to the Decree issued by the President of Azerbaijan. State Migration Service deals with citizenship applications, Issuing permits for foreigners and stateless persons to live temporarily in Azerbaijan, prolonging temporary residence permit of foreigners and stateless persons, conferring immigrant or refugee status to foreigners.
Ministry of Foreign Affairs Ministry of Foreign Affairs is responsible for processing visa requests of foreigners through more than 60 embassies and consulates of Azerbaijan; rendering consular services to Azerbaijani citizens living abroad; registering Azerbaijani citizens residing permanently or temporarily abroad; promoting and ensuring co-operation with international organizations and partner countries on migration issues.
The main partner of Azerbaijan for cooperation on migration issues is the International Organization for Migration (IOM). Azerbaijan received different kinds of assistance from IOM since 1996 and became the member of IOM in 2001. Azerbaijan also cooperates with the European Union and OSCE on migration activities. In the framework of European Neighborhood Policy, Action Plan was adopted between Azerbaijan and EU in November 2006. The Action Plan covers various matters like border management, asylum issues, migration management, prevention of illegal migration, readmission dialogue, reintegration of returned migrants, and simplification of visa procedures.
Legal framework Legislation concerning migration includes the Constitution, international treaties Azerbaijan is a party to, national laws and other legal acts. The Constitution provides equal rights for foreigners to fulfill the same duties as Azerbaijani citizens, unless otherwise provided by law or international agreements that have been ratified by Azerbaijan.
Legal acts adopted to manage migration processes in Azerbaijan include:
Law on entry, exit and passports (14 June 1994); Law on the state border of the Republic of Azerbaijan; Law on the identity card of citizens of the Republic of Azerbaijan (14 June 1994); Law on the legal status of foreigners and stateless persons (March 13, 1996); Law on registration based on residence and actual address (4 April 1996); Law on the citizenship of the Republic of Azerbaijan (September 30, 1998); Law on Immigration (22 December 1998); Law on labor migration; 1999 Law On the Legal Status of Refugees and Displaced Persons; 2002 Law On State Policy Concerning Citizens Residing Abroad (amended in 2003).
Migration Code Migration Code of the Republic of Azerbaijan was approved by the President Ilham Aliyev on 2 July 2013 in order to establish norms related to implementation of state policy of Azerbaijan on migration issues, to regulate migration processes and legal status of foreigners and stateless persons in Azerbaijan.
The Code contains 6 sections. In addition to general provisions, these include entry to and exit from the territories of Azerbaijani Republic, necessary documentations related to migration processes, labor migration, legal status of foreigners and stateless persons in Azerbaijan, and expulsion of foreigners and stateless persons from the territory of Azerbaijan.
The Code provides a legal explanation of the terms of foreigner, stateless person, passport, temporarily staying in the Republic of Azerbaijan, temporary and permanent residence in the Republic of Azerbaijan, labor migration, close relatives, work permit, visa, place of residence, location and other migration related terms. In addition, the Code outlines the objectives of recording migration activities, the grounds for conducting and implementing migration record. The classification of visas is fully provided in the Migration Code for the first time in the legislation of Azerbaijan. The provision of state regulation of labor migration has been reflected in this Code. It regulates not only the legal status of foreigners and stateless persons, but also citizens of the Republic of Azerbaijan participating different kinds of migration processes.
International legal framework
Convention on the Status of Refugees (1951) and its complementing Protocol (1967); Convention relating to the Status of Stateless Persons (1954); Convention on Elimination of Statelessness (1961); UN Convention on Combating Transnational Organized Crime;