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IMPACT — MEDIUM
The Azerbaijani government has reminded employers to submit their foreign worker quota reports by May 1.
Key Points:
Additional Information: Azerbaijani authorities use the projection reports to determine the work permit quota it will set for 2024.
BAL Analysis: Companies should plan to submit their projections as soon as possible to avoid possible delays.
This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
IMPACT – MEDIUM
What is the change? Employers in Azerbaijan have until May 1 to provide the State Migration Service with estimates on how many foreign workers they plan to hire in 2019.
What does the change mean? Companies should begin to prepare their foreign worker estimate for 2019.
Background: Authorities have asked for foreign worker projections since 2009. Azerbaijan bases its overall foreign worker quota largely on the estimates that employers provide.
BAL Analysis: Employers who need help in preparing foreign employee estimates should contact BAL.
This alert has been provided by the BAL Global Practice group and our network provider located in Azerbaijan. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Employers in Azerbaijan have until May 1 to submit estimates on how many foreign workers they plan to hire in 2018.
What does the change mean? There is no guarantee that work-permit applications will be approved for companies that submit their foreign worker estimates, nor is there a guarantee that they will be rejected for companies that fail to do so. That said, the State Migration Service of Azerbaijan (SMS) has urged companies to provide a foreign worker estimate by the May 1 deadline. Companies that have not already done so should prepare an estimate as soon as possible.
Background: Authorities have asked for foreign worker projections since 2009. While there is currently no express requirement that employers submit foreign worker estimates in order to have work permits approved, companies are urged to do so based on recent statements from SMS and in order to avoid complications in obtaining work permits later in the year.
BAL Analysis: Employers who need help in preparing foreign employee estimates should contact BAL as soon as possible.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Azerbaijan has announced an electronic visa system for nationals of 81 countries to apply online and receive their visitor visas within three working days. The visa is valid for 30 days and the government fee is US$20.
What does the change mean? The “ASAN” visa system will speed processing and allow eligible nationals to avoid applying through an embassy or consulate.
Next steps: Additional details are available on the government’s e-visa website.
Background: E-visas will be valid for 30-day stays and may be used for business trips. Nationals of the following 81 countries are eligible:
BAL Analysis: The e-visa system is consistent with a worldwide trend toward online visa applications for short-term visitor visas. While business activities are allowed on the Azerbaijan e-visas, travelers are reminded that productive work activities are not permitted and would require a work permit.
What is the change? The State Migration Service has shortened the accepted period of validity of notarized documents.
What does the change mean? Applicants must submit notarized supporting documents within three months of the dates when they are notarized. Previously, they were allowed up to six months.
Background: The State Migration Service has changed its policy as an internal rule. It has not been announced or published and is subject to change.
BAL Analysis: Companies sponsoring foreign nationals and submitting notarized documents should be aware of the greater time sensitivity of document validity.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP
What is the change? Under an existing Azerbaijani presidential decree, foreign nationals may apply for a 30-day visa at an airport in Azerbaijan if their home country does not have a diplomatic mission and if they are flying directly from their home country to Azerbaijan.
What does the change mean? As direct flights are introduced, more foreign nationals are able to use the simpler visa procedures upon arrival rather than having to apply overseas beforehand. All U.S. nationals taking the direct flight from New York to Baku are eligible. (In the case of U.S. nationals, this is true even though Azerbaijan has an embassy in Washington and a consulate in Los Angeles.)
Background: This provision for visas on arrival is contained in Presidential Decree 326, issued Sept. 13, 2010.
Foreign nationals who do not have an available embassy or consulate and who are flying directly into Baku may apply for a visa on arrival at Heydar Aliyev International Airport. Applicants must show a valid passport and two passport-size photos, complete a visa application, and pay the state duty based on the country of origin ($160 for U.S. nationals).
As new direct flights are offered from various countries, more travelers will be able to avail themselves of visas on arrival. Azerbaijan Airlines introduced direct flights from New York to Baku in 2014.
BAL Analysis: Visas on arrival provide a flexible option for some travelers, but they cannot be renewed in country and the visitor must leave at the end of the 30 days. Seconded employees intending to apply for a business visa on arrival and perform work that is exempt from work permits in certain industries, such as mining and energy, should contact their BAL team for assistance regarding the required documents needed to secure a visa on arrival.
What is the change? Azerbaijan has simplified visa procedures for five Asian countries and all Gulf Cooperation Council member states, allowing their citizens to apply for visas upon arrival.
What does the change mean? Nationals of Bahrain, China, Japan, Kuwait, Malaysia, Oman, Qatar, Saudi Arabia, Singapore and South Korea may apply for single-entry visas that are valid for 30 days upon arrival at the airport. This procedure already applies to citizens of the United Arab Emirates.
Background: The Foreign Ministry announced the change to increase business contacts and promote tourism to the country.
BAL Analysis: Business travelers should indicate the purpose of their visit when applying for a visa on arrival, and will be issued a business visa valid for a single entry of 30 days. Employees in certain industries, such as mining, manufacturing, IT, and others, are allowed to perform work on a business visa if they have documentation confirming secondment by an employer.
IMPACT – LOW
What is the change? Azerbaijan will simplify its visa process when it hosts the European Games in June.
What does the change mean? Beginning June 2, foreign nationals traveling to Azerbaijan can obtain a single-entry visa by presenting a ticket for one of the events, a passport valid for at least three months and two passport photos. Visa fees, which vary depending on nationality, must be paid upon arrival. Processes for business visas will remain the same.
Background: The first-ever European Games will be held in Baku June 12-28. More than 6,000 athletes are expected to participate. In order to facilitate spectator attendance, Azerbaijan has moved to simplify its visa regime. Visa applications will be available on flights to Azerbaijan and at the airport.
Foreign nationals accredited by the European Games Operations Committee will be able to enter and exit Azerbaijan with their accreditation cards beginning 60 days before the event begins until 30 days after its conclusion. Those directly involved in preparation for the Games will be exempt from work permit requirements.
BAL Analysis: The simplified visa processes will save time for those attending the European Games and could help Azerbaijan’s tourism industry.
IMPACT – HIGH
What is the change? Azerbaijan has passed a law that exempts foreign business visitors in most industries from having to obtain work permits.
What does the change mean? Foreigners working in eight enumerated industries may enter on a business visa and stay for up to 90 days per year.
Background: On Dec. 14, the Azerbaijan Cabinet of Ministers passed a resolution approving a list of activities which will no longer require work permits. The exemption is valid for business trips not exceeding 90 days per year. The list includes the following industries:
Foreign nationals who require a visa may enter on a business visa and must apply for temporary registration with the State Migration Service upon arrival. Visa-exempt nationals most likely will not be required to apply for business visas. However, all applicants should carry written confirmation, secondment letter or relevant certification from their employers confirming the nature of their activities in the country.
BAL Analysis: Earlier this year, Azerbaijan implemented short-term work permits. The exemption for business visits for 90 days per year is a further liberalization of regulations that will increase business activity in nearly all industries in Azerbaijan.
What is the change? Under recent changes, Azerbaijan has introduced short-term work permits for foreign workers.
What does the change mean? Foreign nationals may now apply for permits with durations of three or six months.
Background: The new three-month and six-month work and residence permits were introduced in May 2014 even though the measure has not been officially passed as law. Legislation incorporating the changes into Azerbaijan’s Migration Code is pending.
The documentation requirements and the processing times are the same for the shorter-term permits as for one-year permits.
BAL Analysis: Previously, foreign nationals could apply for 90-day business visas for short-term work. However, employers should be aware that business visas are no longer valid for conducting work and that the new work permits with shorter validity must be used for short-term work assignments.