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. Unlike some developing countries, there is no program or accelerated route to citizenship of Azerbaijan via investment.
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 () 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 their nationality, provided that comply with registration processes. The government may oppose if the applicant has outstanding civic obligations to the state, persons, or legal entities, or is involved in a criminal proceeding. Nationals can be denaturalized for obtaining other nationality; for serving in the government administration or armed services of a foreign country; for committing crimes against the state or state security; for actions related to religious extremism or terrorism including recruitment; or for fraud, misrepresentation, or concealment in acquiring nationality. Loss of nationality involves a legal proceeding in Azerbaijan, rather than being a process of the operation of law. Persons who have previously lost their Azerbaijani nationality may repatriate as long as they meet the requirements to naturalize.
Dual nationality Azerbaijan does not recognize dual nationality and it used to constitute grounds for criminal prosecution. Persons who acquire another nationality are required to notify the authorities within thirty days or risk denaturalization and/or payment of fines under the Criminal Code. However, the criminal liability was abolished in 2020.
Visa requirements
In 2017, Azerbaijani citizens had visa-free or visa on arrival access to 62 countries and territories, ranking the Azerbaijani passport 74th in the world according to the Visa Restrictions Index.
History Humans have been present in the territory now known as Azerbaijan since Paleolithic times. From the ninth century BC semi-nomadic Scythian peoples began settling in the region and within a century, the Medes, an ancient Persian people, had conquered the southern part of what is Azerbaijan. For much of the history of the territory, was ruled by successive Persian Empires. The Median Empire was defeated in the region by Cyrus the Great in the sixth century BC and then in the fourth century BC by Alexander the Great, who called the area Caucasian Albania (or Albanoi) and retained the Persian satraps as governors. In ancient Persia the king had absolute authority as the administrator of his subjects and armies, the giver of law, and the supreme judge of the empire. The centralized government of the empire was divided into satrapies, or provinces, for ease of management and taxation. Local satraps had no control over the military forces in their region to prevent them diluting the power of the ruler, but they managed the civilian administration over the areas for which they governed. Ethnic groups had legal autonomy to regulate their own internal conflicts. Rulers were responsible for security in the realm and management of the economy. In exchange for protection, Persian subjects paid taxes and owed loyalty to the king and his leadership. Marriage in the period was cum manu meaning the wife was legally incapacitated and under the control of her husband.
When Alexander's Macedonian Empire collapsed, Caucasian Albania became a vassal state of the Seleucid Empire in the second century BC. Between the fourth and third centuries BC the union of tribes throughout the Caucasus formed the Kingdom of Albania. Roman annexation of Albania occurred between the first and third centuries AD, but as Rome declined, Persia re-established vassalage over the kingdom, first through the Parthian Empire and then its successor, the Sasanian Empire. By the fourth century, the Sasanians and Byzantine Empire, successor state to Rome, were in conflict which caused a gradual decline and the eventual collapse of the Sassanid empire in the last half of the seventh century. At that time, Arabs brought Islam to the area and annexed Arran, as they called the former territory of Caucasian Albania, to the Abbasid Caliphate. Arabic rule continued through the eleventh century. In the Islamic state, subjects were defined by religious allegiance and loyalty to a ruler was as a result of his membership in the confessional community and his religious position, meaning that religious and political principles and offices were inseparable. Leaders served as religious and administrative authorities, teaching doctrine and acting to settle disputes, maintain order, and provide economic benefits to their communities. In exchange, subjects were committed to the leader and the defense of Islam. Women were required to have a guardian, either their father, a relative, or the sultan, who gave her in marriage. After marriage, she was required to be obedient to her husband's authority over her.
From the ninth century, the Shirvanshah Kingdom became dominant in the northeastern region of the territory lasting through the sixteenth century. The Kingdom was strongly influenced by the Turko-Persian Seljuk Empire, which had invaded in the eleventh century from Central Asia and ended the dominance of Arab rule. The Mongol Empire invaded in the thirteenth century, subjugating the Shirvanshah Kingdom to the Il Khanate, when the Mongols divided their empire in 1256. The Il Khanate returned the region to Islamic practices but with predominant Persian cultural influences, which were retained by the Turko-Mongol Timurid Empire which was dominant between 1370 and 1405. Upon the collapse of the Timurids, two successive Turkic tribes ruled the area until it was returned to Persian dominance under the Safavid Empire in 1501. The Safavids were the predominant power in the area until 1722.
Persian, Ottoman, and Russian conflicts (18th–19th centuries) From the beginning of the eighteenth century, conflict emerged between the Safavids and Ottoman Empire for control of the territory. These struggles weakened the Safavid Empire, which then came under attack by the Russian Empire. In 1722, Peter the Great led a campaign that established Russian dominance in the Northern Caucasus, including the northern part of Arran. Though the Persians retained control over the southern regions of Arran successive wars resulted in continuous loss of territory to the Russians and by 1828 all remaining Persian possessions in the Caucasus had been ceded to Russia. In Russia, persons residing in the territory of the empire were known as "poddanstvo" (subjects) and were under obligation of absolute subjection to the Tsar until 1917. Subjects were neither allowed to emigrate nor naturalize in a foreign state. The policy emphasized the collective nature of the community, which was jointly responsible to pay tax, provide labor, and share in the harvest to the landlord and state. Foreigners could not enter the country without the approval of the Tsar and were restricted to reside in specific areas and wear identifying clothing.