Azerbaijani nationality law
Encyclopedia
Nationality law
Nationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...
which determines who is a citizen of Azerbaijan
Azerbaijan
Azerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...
.
Current law
The current citizenship law is guided by the 1995 Constitution of AzerbaijanConstitution of Azerbaijan
The Constitution of Azerbaijan was adopted on 12 November 1995 by popular referendum and amended on 24 August 2002. It carries the "highest legal force" in Azerbaijan as per article 147.-Preamble:...
and, more importantly, the Law of Azerbaijan on Citizenship of the Republic of Azerbaijan, which was adopted on September 30, 1998. It is based primarily on the principle of jus sanguinis
Jus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
. It includes the right of citizenship for Azerbaijani refugees from Armenia and for ethnic Azerbaijanis from the rest of the world. Dual citizenship is not recognized by the Republic of Azerbaijan.
Nationality by birth
AzerbaijanAzerbaijan
Azerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...
is a jus sanguinis
Jus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
state as opposed to jus soli
Jus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
state, meaning that it attributes citizenship by blood but not by location of birth. However, Azerbaijani nationality is also defined by citizenship and not only by descent. The birth of a foreign person within the territory of Azerbaijan does not automatically confer Azerbaijani citizenship on him or her, even though there is a provision that provides them the right to obtain Azerbaijani citizenship.
The Azerbaijani nationality law provides provisions in which a person can automatically become a Azerbaijani citizen at birth:
- When at least one of the parents is a citizen of Azerbaijan.
- When the person born abroad is of an Azerbaijani father and foreign mother, and if the mother does not object.
- When the person is born within the territory of Azerbaijan and both parents are unknown or stateless.
Dual nationality
Azerbaijan does not allow dual citizenship, and anyone who voluntarily applies and obtains foreign citizenship automatically loses Azerbaijani citizenship. However Azerbaijani immigrants wishing to renounce their citizenship in order to acquire citizenship in another country (such as German, which requires denunciation of previous citizenships) must apply for denunciation. That process can last up to a year.The only exception is that the President of Azerbaijan
President of Azerbaijan
The country of Azerbaijan is a presidential republic, with the President of Azerbaijan as the head of state, and the Prime Minister of Azerbaijan as head of government...
may grant dual citizenship to persons of special importance, and that person will not lose Azerbaijani citizenship by retaining the foreign citizenship obtained by him or her, or lose his or her original foreign citizenship while being granted Azerbaijani citizenship.