Responsibilities and restrictions defined by legislation

In accordance with Article 16 of the Migration Code, entry of foreigners and stateless persons into the Republic of Azerbaijan is prohibited in the following cases:

16.1. Foreigners or stateless persons are deemed inadmissible to the Republic of Azerbaijan in the following cases;

16.1.1. it is required for protection of national security or public order, rights and legal interests of citizens of the Republic of Azerbaijan and other persons;

16.1.2. there is information that a person has been involved in terrorism, financing terrorism, has committed war crimes, crimes against peace and humanity or he/she is a member of a transnational organized criminal group;

16.1.3. he/she has been sentenced for committing a crime against citizens of the Republic of Azerbaijan or interests of the Republic of Azerbaijan, if his/her imprisonment has not been served or annulled in a manner defined by the law;

16.1.4. he/she has been expelled from the Republic of Azerbaijan previously, if the restriction period to his/her entry to the country has not ended;

16.1.5. he/she is considered undesirable in the Republic of Azerbaijan;

16.1.6. he/she has violated declared purposes of visit during his/her previous stay in the Republic of Azerbaijan;

16.1.7. he/she had provided false information about himself/herself or the purpose of his/her travel, when submitted an application for entry into the Republic of Azerbaijan;

16.1.8. he/she has been called to administrative responsibility for violation of migration legislation twice or more within the last 3 years;

16.2. in cases defined in Articles 16.1.6 – 16.1.8 of the present Code entry of foreigners and stateless persons to the Republic of Azerbaijan is prohibited for 5 years;

16.3. in cases defined in Article 16.1 of this Code, information about foreigners and stateless persons should be downloaded to a watch list of “Entry-Exit and Registration” Interagency Automated Data-Search System and an active status of that information should be updated when the relevant grounds are removed.

Foreigners or stateless persons who have violated the requirements of the Migration Code by trying to cross borders of the Republic of Azerbaijan without a passport, a visa or with an invalid passport or other invalid documents are not allowed to enter into the Republic of Azerbaijan and are sent back to a country of  his/her residence.

Foreigners and stateless persons who have tried trying to cross borders of the Republic of Azerbaijan with forged documents or with documents belonging to another person are called criminally liable. 

Exit of foreigners and stateless persons from the Republic of Azerbaijan can be temporarily restricted in the following cases:
 
17.1. Foreigners and stateless persons are denied exit from the Republic of Azerbaijan if:

17.1.1 their leave is considered to a be a threat to national security, until that ground is removed;
 
17.1.2. they are arrested or any restriction is imposed on them in compliance with the Code of Criminal Procedure of the Republic of Azerbaijan until they are released, their term of imprisonment ends or sentence is lifted;

17.1.3. they are sentenced - until serving their sentence defined by the Criminal Code of the Republic of Azerbaijan or if a sentence has been lifted as an exception set forth in Article 17.1.5 of this Code;
 
17.1.4. obligatory medical measures are implied in accordance with the Code of Criminal Procedure of the Republic of Azerbaijan until the end of these measures;

17.1.5. a suspended sentence imposed on them by fulfilling obligations set forth in the Criminal Code of the Republic of Azerbaijan or if she/he has been released on parole, respectively till the end of a probation period or till the end of a non-served part of the punishment, or till a suspended sentence or imposed obligations are lifted;

17.1.6. has been refused to live his/her country because of the failure to fulfill (for unexcused reason within an established period of time) obligations imposed by a court unless the court decides otherwise;

17.1.7. they have committed an administrative transgression. They shall not enter the country until they serve a legally effective punishment;

17.2. failure in provision of prophylactic vaccination of foreigners and stateless persons residing in the Republic of Azerbaijan in accordance with legislation results in limitation of entry and exit to countries requiring prophylactic vaccination in compliance with international medical sanitary rules and the international agreements the Republic of Azerbaijan is a party.

17.3. According to Articles 17.1 and 17.2 of this Code, information about foreigners and stateless persons should be downloaded to a watch list of “Entry-Exit and Registration” Interagency Automated Data-Search System and an active status of that information should be updated when the relevant grounds are removed.

 

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