Azerbaijani nationality law

Azerbaijani nationality law is a nationality law which determines who is a citizen of Azerbaijan.

Azerbaijani Citizenship Act
Parliament of Azerbaijan
Enacted byGovernment of Azerbaijan
Status: Current legislation

Current law

The current law is guided by the Constitution of Azerbaijan and, more importantly, the Law of Azerbaijan on Citizenship of the Republic of Azerbaijan, which was adopted on September 30, 1998.[1] The Constitution defines a citizenship as follows: "A person having political and judicial relation to the Azerbaijan Republic as well as mutual rights and obligations shall be a Citizen of the Azerbaijan Republic".[2] It is based primarily on the principle of jus sanguinis.[3] It includes the right of citizenship for Azerbaijani refugees from Armenia and for ethnic Azerbaijanis from the rest of the world. Dual citizenship is not recognized by the Republic of Azerbaijan.[3]

The Law on citizenship of the Azerbaijan Republic

The Law was adopted on 30 September 1998 by the National Assembly of Azerbaijan. By the end of March 2018, it had been amended 21 times. The Law consists of the 5 sections, and 26 articles. The first section deals with the general provisions. The second section includes articles regarding the acquisition and restoration of citizenship of Azerbaijan. The third section lays out the conditions of termination of the citizenship of Azerbaijan. The citizenship of children in cases of change in citizenship of their parents and adoption are regulated in the fourth section. The last section is about the force of international legal norms related to issues of citizenship. In case of the conflict between the Law and international treaties to which Azerbaijan is a party, international treaties prevails.[4][5]

Nationality by birth

Azerbaijan is a jus sanguinis state as opposed to jus soli state, meaning that it attributes citizenship by blood but not by location of birth.[3] However, Azerbaijani nationality is also defined by citizenship and not only by descent. The birth of a foreign and stateless person within the territory of Azerbaijan does not automatically confer Azerbaijani citizenship on him or her.[3][6]

The Azerbaijani nationality law provides provisions in which a person can automatically become an Azerbaijani citizen at birth:

  • When at least one of the parents is a citizen of Azerbaijan.[4]
  • When a child is born within the territory of Azerbaijan, unless neither parent is a citizen of Azerbaijan and at least one of the parents is a foreigner.[4]
  • When a child is born within the territory of Azerbaijan and both parents are unknown.[4]

Dual nationality

Azerbaijan does not allow dual citizenship, and anyone who voluntarily applies and obtains foreign citizenship automatically loses Azerbaijani citizenship.[3] However Azerbaijani immigrants wishing to renounce their citizenship in order to acquire citizenship in another country (such as Germany, which requires denunciation of previous citizenships, or Japan) must apply for denunciation. That process can last up to a year.

The only exception is that the President of Azerbaijan may grant dual citizenship to persons of special importance, and that person will not lose Azerbaijani citizenship by retaining the foreign citizenship obtained by him or her, or lose his or her original foreign citizenship while being granted Azerbaijani citizenship.[3]

Loss of citizenship

The Constitution does not allow to deprive a person of Azerbaijani citizenship under any circumstances.[7] However, voluntary renunciation of Azerbaijani citizenship is permitted by law. Likewise the recovery of Azerbaijani citizenship is also permitted by law, if the person renounces his or her foreign citizenship.

Visa requirements
Main article: Visa requirements for Azerbaijani citizens
Visa requirements for Azerbaijani citizens

In 2017, Azerbaijani citizens had visa-free or visa on arrival access to 62 countries and territories, ranking the Azerbaijani passport 74th in the world according to the Visa Restrictions Index.[8]

See also

References
  1. Two English translations of the law of Azerbaijan on Citizenship of the Republic of Azerbaijan: and text in Azeri: Azərbaycan Respublikasının vətəndaşlığı haqqında
  2. "Article 52 of the Constitution of Azerbaijan" (PDF).
  3. Azerbaijani law on citizenship
  4. "The Law of Azerbaijan Republic on Citizenship of the Azerbaijan Republic" (PDF).
  5. "527-IQ - Azərbaycan Respublikasının vətəndaşlığı haqqında". www.e-qanun.az. Retrieved 2018-03-30.
  6. Amendments of the Azerbaijani law on citizenship in Azeri: "Azərbaycan Respublikasının vətəndaşlığı haqqında" Azərbaycan Respublikasının Qanununda dəyişikliklər edilməsi barədə
  7. "Article 53 of the Constitution of Azerbaijan" (PDF).
  8. "Global Ranking - Visa Restriction Index 2017" (PDF). Henley & Partners. Retrieved 14 March 2017.
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