GROUNDS FOR DETERMINING THE CITIZENSHIP OF THE REPUBLIC OF AZERBAIJAN

Determination of citizenship of the Republic of Azerbaijan is regulated by the Rules for Determining the Citizenship of the Republic of Azerbaijan approved by Resolution 84 of the Cabinet of Ministers on March 18, 2015.

Citizens of the Republic of Azerbaijan residing abroad can apply to diplomatic missions or consulates of the Republic of Azerbaijan with respect to determination of citizenship.

The process of determination of citizenship is initiated when a person does not have documents confirming his/her RA citizenship, or when there are reasonable doubts that citizenship documents have been received illegally.

The following are the grounds for determining citizenship of the Republic of Azerbaijan:

• if a person was a citizen of the Republic of Azerbaijan (or the  Azerbaijan SSR) before the date of entry into force of the Law of the Azerbaijan Republic on Citizenship of the Republic of Azerbaijan (before October 7, 1998);
• if a person was born in the territory of the Republic of Azerbaijan (except for the case when both of his/her parents are citizens of the Republic of Azerbaijan);
• if both parents of a person are citizens of the Republic of Azerbaijan (except for the person who’s birth has been officially registered in the Republic of Azerbaijan);
• if one of a person’s parents is a citizen of the Republic of Azerbaijan;
• if one or both of a person’s parents have changed their citizenship and have acquired citizenship of the Republic of Azerbaijan; or their citizenship has been revoked;
• if a married couple, or, at least, one member of it, who intents to adopt a foreign-born child or a child without citizenship is a citizen of the Republic of Azerbaijan;
• if a person is a refugee residing in the territory of the Republic of Azerbaijan from January 1, 1988 to January 1, 1992;
• if a person is a child both of whose parents are unknown.

Documents accepted for implementation by diplomatic missions or consulates of the Republic of Azerbaijan are sent to the Republic of Azerbaijan State Migration Service respectively. The State Migration Service checks the compliance of the request with the requirements set out in the above-mentioned rules and makes an appropriate decision within 20 days from the date of registration of the request submitted in accordance with these requirements. If the request for determining the citizenship of the Republic of Azerbaijan is not submitted in compliance with these rules, as well as if the collected evidence is insufficient and additional evidence needs to be collected, the period may be extended to 20 days by a reasoned decision of the State Migration Service.

The citizenship of the Republic of Azerbaijan is not recognized if in the course of consideration of the request no evidence necessary to determine the RA citizenship is found.