Azerbaijani Nationality Law

Azerbaijani nationality law is regulated by the Constitution of Azerbaijan, as amended; the Citizenship Law of Azerbaijan and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, an Azerbaijani national. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Some countries use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Colloquially, as in most former Soviet states, citizenship is often used as a synonym for nationality, because nationality is associated with ethnicity. Azerbaijani nationality is typically obtained under the principle of jus sanguinis, i.e. by birth to parents with Azerbaijani nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.

Acquiring Azerbaijani nationality

Nationality in Azerbaijan is typically acquired by birth to an Azerbaijani or later in life through naturalization.

By birth

Until the 2014 amendment changed nationality requirements, jus soli, birth in Azerbaijan was the primary basis for acquiring nationality. A reversal of that policy was prompted by fears of the actions of neighboring post-Soviet spaces and challenges to Azerbaijani sovereignty. If both parents of a child born in Azerbaijan are foreigners or if one parent is a foreigner and the other is stateless or unknown, the child is not considered to be Azerbaijani. Those who can acquire nationality by birth include:

* Children born anywhere to at least one parent who is an Azerbaijani national; or
* Children born in Azerbaijan, if both parents are stateless.

By naturalization

Foreigners can apply for naturalization in Azerbaijan provided that they have continuously resided in the country, being absent no more than three months, for at least five years from the issuance of a permanent residency permit or confirmation of refugee status. General provisions are that applicants have a legal income, have sufficiency in the Azerbaijani language, and respect the laws of the country. Applications for naturalization must be submitted to the State Migration Service ( az, Dövlәt Miqrasiya Xidmәti) in Baku. Documentation must be presented to confirm that the applicant meets the residency requirements, has paid any taxes due to the state, has a certificate from the Ministry of Education verifying language proficiency, and documents which confirm the current nationality. Minor children follow the nationality of their parents, thus if a parent naturalizes and the child is under fourteen years old, the child automatically becomes Azerbaijani as long as both parents agree, or in the case that one parent is stateless. Naturalization is not allowed if the person has participated in activities that could damage the state, its territory or security, or the health, morality, or public order of the country; if they have been accused of attempting to overthrow or change the systems of the state or social order; or if they have participated in terrorism or activities that would foment hostility on the basis of race, religion, or ethnic superiority. The President of Azerbaijan is the final authority on who is admitted as a national of the country. Those who are admitted as nationals must swear that they have no civic obligations outstanding to other states and take an oath of allegiance. Other persons who can acquire nationality by naturalization include:

* Foundlings or orphans whose parents are unknown, after an administrative process;
* Adoptees of Azerbaijani nationals upon completion of a legal adoption if requested;
* Children between the ages of fourteen and eighteen who consent to be naturalized at the time that their parents are naturalized;
* Children who did not gain Azerbaijani nationality when their parent(s) nationality changed, through an administrative procedure;
* Persons who are current residents of Azerbaijan and who were nationals of Azerbaijan or the Azerbaijan SSR or who were born in the country prior to the 1998 Citizenship Act coming into force, but who did not gain nationality under the Act and have remained in the country;
* Refugees or forced migrants who entered the country between 1988 and 1992, through an administrative procedure;
* Persons with exceptional skill in the arts or culture, science, sport, or technology, whose contributions may be beneficial to the country may naturalize without meeting naturalization requirements; or
* Persons who the state deems to be of special interest or those who have rendered significant service to the nation may naturalize without meeting other requirements.

Loss of nationality

Azerbaijani are allowed to renounce