A Work Permit in Azerbaijan is an official certificate of permission granting local business entities the right to engage foreign employees in their business operations in the country. Therefore, local companies or Individual Entrepreneurs must apply for and obtain a work permit for the foreigners they intend to employ before entering into a labor contract with them. Additionally, it is important to note that business entities must also apply for the Residence Permit on the relevant basis if the foreign employees are physically present in the country.
We believe that this blog post will provide detailed information about the requirements and application process of obtaining a work permit in Azerbaijan and obtaining a Residence Permit on a relevant basis. Additionally, if you require legal services to obtain and extend the validity period of work permits in Azerbaijan for your foreign team members, you can contact DLB Consulting.
Eligibility Criteria to Apply and Obtain a Work Permit in Azerbaijan
It’s important to note that foreign individuals do not have the right to apply for a work permit by themselves in Azerbaijan. This right is exclusively for the companies and Individual Entrepreneurs operating in Azerbaijan. To clarify, only employers have the right to apply for and extend a work permit in Azerbaijan for the employees they intend to employ. Consequently, the foreign employee can only work at the specific workplace and for the designated vacancy.
According to the legislation, any able-bodied foreigner over 18 years old can work in Azerbaijan only after local employers obtain a work permit for them. However, this does not imply that businesses can easily obtain a work permit for every foreigner they plan to hire. Furthermore, the legislation includes additional requirements for businesses to apply and obtain a work permit for the foreigners they intend to employ. Therefore, the foreigners whom the businesses are going to employ must be educated and possess qualifications for the relevant position. Moreover, the intended vacancy should be one that is challenging to fill with citizens due to the limitations of local labor resources. For instance, based on our experience, we can mention that in the IT field, it is somehow challenging to find local experts to hire. Additionally, for international restaurants, it might be challenging to find citizens for the position of master chef.
Application Process to Obtain and Extend a Work Permit in Azerbaijan. The Validity Period of Work Permits
The State Migration Service issues a work permit in Azerbaijan and extends its validity period. It’s important to note that employers can submit applications for work permits either offline or online. To apply, employers or their legal representatives need to collect the required documents and submit them accordingly. The processing time for work permit applications typically ranges from 10 to 20 business days, and accordingly, the state fee can vary from 1000 AZN to 1400 AZN.
A work permit in Azerbaijan is generally issued for a period of 1 year. However, in cases where employers plan to conclude the labor contract for less than 1 year, the work permit can be issued for a shorter duration. The validity period of the work permit can be extended each time for not more than 1 year. For your information, it is important to apply for an extension of the work permit’s validity period at least 30 days before its expiration.
The legislation also grants business entities the right to apply for a work permit for foreigners they intend to employ, even if the individuals are not physically present in Azerbaijan. In this case, once the business entity has obtained a work permit, the foreigners can immediately start working upon their arrival in the country and can apply for a residence permit. It is particularly important to note that, in order to obtain a residence permit on the basis of a work permit, the foreigner must arrive in Azerbaijan on a work visa (labor visa).
Required documents for obtaining a work permit in Azerbaijan and extending its validity period
To apply for and extend a work permit in Azerbaijan, employers must collect and submit the following documents:
- Application form;
- A copy of the foreign employee’s passport;
- A reference letter justifying the need for the foreign employee’s services;
- A notarized copy of a document confirming the foreign employee’s qualifications for the relevant position;
- Notarized copies of founding documents of the company;
- Work Permit Certificate (for extension only).
How to Apply for Obtaining and Extending a Work Permit in Azerbaijan
To get a work permit in Azerbaijan or extend its validity period, companies and individual employers should follow these practical steps:
- Firstly, ensure that finding a local employee for the relevant vacancy is challenging. Employers can only hire foreigners or stateless persons when it is difficult to find a suitable local team member for the specific vacancy.
- Secondly, prepare and collect all necessary documents. You will need to gather the required documents and have those necessary notarized for the application. Pay special attention to the details mentioned in the application form and in the justification letter to explain why you need to hire a foreign employee. When deciding on the exact type of vacancy, ensure to clearly specify it in your application.
- Thirdly, you can now apply for a work permit in Azerbaijan. Once you’ve completed all necessary documents and filled out the required forms, submit your application to the State Migration Service. As previously noted, the application process typically takes between 10 to 20 business days. Upon approval, you will receive a Work Permit Certificate.
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Lastly, sign a labor contract. After obtaining a work permit, proceed with the labor contract, allowing your new team member to start working with your team. We strongly advise against hiring a foreigner without a work permit. It is crucial to note that employing a foreigner without a work permit is illegal, and can result in substantial fines. According to the Code of Administrative Offenses, business entities that employ foreigners without a work permit may face fines of up to AZN 20,000.
Cases when foreigners can work in Azerbaijan without a Work Permit
According to Article 64 of the Migration Code of the Republic of Azerbaijan, the following categories of foreigners are not required to obtain a work permit to work in Azerbaijan:
- Permanent Residence Permit holders;
- Foreigners married to citizens of the Republic of Azerbaijan;
- Persons engaged in business activity in Azerbaijan;
- Employees of international organizations;
- Employees of diplomatic representations and consulates;
- Heads of the organizations established under international agreements and their deputies;
- Persons employed by relevant executive authorities;
- Persons applied for or obtained refugee status or were granted political asylum;
- Persons considered a victim of human trafficking or assists to criminal investigation bodies, etc.
Legal Services for Obtaining and Extending a Work Permit in Azerbaijan
We hope this blog post has provided detailed insights into the requirements and the process of obtaining and extending the validity period of a work permit in Azerbaijan. If you require legal services relevant to this matter, please feel free to reach out to DLB Consulting.