Many foreigners are interested in Azerbaijan for job hunting purposes and nowadays this topic became very important thus it deserves a serious coverage to make their life easier. As stated in the article 61 of Migration Code (henceforth refers to as MC) of Azerbaijan Republic, each able-bodied foreigner or stateless person can get employed in the Republic of Azerbaijan after obtaining work permit through legal entities, natural persons dealing with entrepreneurship activity without establishing legal entities, branches and representative offices of foreign legal entities employing him/her in a way and in compliance with conditions envisaged by this Code. According to article 64 of MC in following cases foreigners and stateless persons are exempt from obtaining a work permit:
- Persons possessing permit for permanent residence in the territory of the Republic of Azerbaijan;
- Persons engaged in ownership activity in the territory of the Republic of Azerbaijan;
- Employees of diplomatic representations and consulates;
- Employees of International Organizations;
- Heads of the organizations established based on the international agreements and their deputies;
- Persons employed by relevant executive authorities;
- Military servants and specialists invited to work or service for The Armed Forces of Azerbaijan Republic or other armed units established in accordance with the legislation of Azerbaijan Republic;
- Partners of mass media accredited in the Republic of Azerbaijan;
- Persons traveling to the Republic of Azerbaijan for a period not exceeding 90 days per year in the fields of activity determined by the relevant executive authority;
- The specialists of the category defined by the relevant executive authority invited by the citizens of the Republic of Azerbaijan or legal entities established in the Republic of Azerbaijan for works or services rendered by the relevant executive authority;
- Academic staff and lecturers invited to institutes of higher education for delivering lectures;
- Art workers, trainers and sportsmen invited to work in sport clubs registered at relevant executive authority;
- Persons engaging in professional religious activity in the officially registered religious institutions;
- Heads of branches and representative offices of foreign legal persons in the Republic of Azerbaijan and their deputies;
- Heads of legal entities in which the founder or at least one of the founders is foreign natural/legal person, even so founded in Azerbaijan Republic and their deputies;
- Persons married with the citizen of the Republic of Azerbaijan, provided that the citizen is registered on the territory of the Republic of Azerbaijan upon place of residence;
- Persons submitted application for obtaining refugee status, obtained refugee status or granted political asylum;
- Persons having someone under 18 year-old or I group disabled citizen of Azerbaijan Republic in custody;
- Persons involved in labor activity in cases defined by relevant executive authority.
The rest of the foreigners and stateless persons in the territory of Azerbaijan Republic who don’t embody any of the features pointed out above are obliged to obtain a work permit before getting employed.
Below mentioned is the list of documents required to obtain a work permit:
- Application form, sample of which approved by relevant executive authority;
- A copy of passport or other border crossing document of a foreigner and stateless person;
- A notarized copy of a document confirming that a foreigner and stateless person has the qualification required for fulfilling the considered job;
- Reference justifying the necessity to employ that foreigner and stateless person in the considered job;
- Besides them employer:
In case of legal person – notarized copies of the charter of legal person and certificates regarding on state registration;
In case of natural person – notarized copies of identification document of the person and certificate of taxpayer’s registration issued to the natural person;
- Reference certifying that foreigner or stateless person is not a carrier of virus of a disease included in the list of dangerous infectious diseases approved by relevant executive authority.
Applications for obtaining a work permit are processed within 20 work days. Work permit is presented to the employer within 3 days after the relevant resolution is made and after receiving the document certifying payment of the state fee for such permit’s submission.
In addition, work permit is subject to be revoked in case if the state fee is not paid by an employer within 30 days or if issuance of a permit for temporary residence in the territory of the Republic of Azerbaijan to a foreigner or stateless person is rejected. Duration of work permit is restricted to one year. In case the labor contract is signed for the period of less than 1 year Work permit is issued for that period. Validity of the work permit can be extended each time for not more than 1 year. When a labor contract is prematurely terminated, a work permit issued to a person loses its force along with such contract. In case of an early termination of a labour contract and lack of other grounds for labor migrant to stay in the Republic of Azerbaijan, she/he should leave the territory of the Republic of Azerbaijan within 10 work days.
Consequently, at the Reference justifying the necessity to employ that foreigner and stateless person in the considered job, employer shall show evidence that it was impossible to find a relevant employee from local labor market and hiring of such employee is crucial for the employer. For example, if foreigner is a lawyer or an economist, there are many lawyers and economists at local market. In such case the application will most probably be rejected. It shall be justified that the lawyer you intend to hire from abroad possess skills and capabilities that crucial for employer and very hard to find from local labor market.
Azerbaijani law firm Baku Attorneys & Consultants, a team of highly experienced attorneys, is strongly specialized in rendering various expert services to foreign natural persons and legal entities in Azerbaijan, including migration registration and establishment of businesses. Please, feel free to reach us via www.batco.az to further discuss your case and provide a cutting-edge advice to ensure and protect your future presence and business in Azerbaijan.