Citizen of Azerbaijan Republic who acquired the citizenship of a foreign state should notify Ministry of Foreign Affairs and State Migration Service of Azerbaijan Republic about it in written form within a month.
According to the addendums and changes which are more on the agenda in recent days, if the citizen of Azerbaijan who acquired the citizenship of another country doesn’t notify relevant executive authority about it in written form within one month, s/he will bear responsibility in a way envisaged by Criminal Code.
Steady socio-economic development of our country necessitated establishment of legal mechanism for migration and citizenship issues. Taking this necessity into account May 30, 2014 dated Law of the Republic of Azerbaijan on “addendums to the Law of the Republic of Azerbaijan” on “Citizenship of the Republic of Azerbaijan” has been adopted. According to June 27, 2014 dated decree of the President of the Republic of Azerbaijan on application of the same Law, it is considered that the Cabinet of Ministers of Azerbaijan Republic will approve the rule on determination of Azerbaijan Republic citizenship, as well as relevant application form for providing information about acquisition of citizenship of a foreign state by the citizen of Azerbaijan Republic.
According to Article 5 of the Law of Azerbaijan Republic on “Citizenship of the Republic of Azerbaijan” the following persons shall be considered citizens of the Azerbaijan Republic:
1) Persons having citizenship of Azerbaijan Republic on the day of entry of this Law into force (on the basis of: person’s registration upon his/her place of residence in Azerbaijan Republic up to the day of entry of the present Law into force);
2) Persons who, until 1 January 1992, were not citizens of Azerbaijan Republic or any other state but have been registered upon place of residence in Azerbaijan Republic. In this case those persons should have applied for admission to the citizenship of Azerbaijan Republic within one year since the entry date of the law into force;
3) Refugees who have been accommodated in the territory of Azerbaijan Republic from1 January 1988 until 1 January1992. It should be recalled that refugees who acquired citizenship of Azerbaijan Republic don’t lose their right to return to the country of departure;
4) Persons who obtain the citizenship of the Azerbaijan Republic in accordance with the same Law.
Unlike the previous edition of the Article 10 of the Law on “Citizenship of the Republic of Azerbaijan” concrete approach to dual citizenship has been expressed in new edition. It is stipulated in the Article 10 of the Law that if the citizen of the Republic of Azerbaijan has dual citizenship (if the person is a citizen of another country (other countries) besides Azerbaijan), affiliation of that citizen to citizenship of a foreign states hall not be recognized, except in the cases envisaged by international treaties of the Republic of Azerbaijan, or in the cases dealt in accordance with paragraph 32, Article 109 of the Constitution of the Republic of Azerbaijan.
According to the second part of the Article 10 the citizen of Azerbaijan Republic who acquired the citizenship of a foreign state should notify Ministry of Foreign Affairs and State Migration Service of Azerbaijan Republic about it in written form within a month. The person who doesn’t give such information will bear responsibility in a way envisaged by the Criminal Code of Azerbaijan Republic. We assume that our citizens who are abroad of Azerbaijan borders will inform relevant state authorities about the issues of citizenship from now on.
Moreover according to the Article 12, which was edited in title and content, named as “Citizenship of foreigners’ and stateless persons’ children born on the territory of the Republic of Azerbaijan”, “the child born on the territory of Azerbaijan and whose both parents are foreigners is not a citizen of the Republic of Azerbaijan; state persons’ child born on the territory of Azerbaijan is a citizen of the Republic of Azerbaijan. The child born on the territory of Azerbaijan and whose one of parents is foreigner and another stateless person is not a citizen of the Republic of Azerbaijan. The child born on the territory of Azerbaijan and whose parents are stateless persons is a citizen of the Republic of Azerbaijan.
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