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Azerbaijan Temporary Residence Permit by Acquiring Real Estate

July 4, 20220

As it is known, foreigners and stateless persons who want to live temporarily in the territory of the Republic of Azerbaijan must obtain an appropriate permit for this. This type of permit is called a temporary residence permit. One of the grounds for obtaining a temporary residence permit (TRP) for foreigners in the territory of the Republic of Azerbaijan is purchasing property (real estate here).

A temporary residence permit (TRP) is issued for no more than 1 year and can be extended for no more than 2 years each time. Those who invest at least 500,000 manats in the country’s economy are granted for no more than 3 years and can be extended for no more than 3 years each time.

I. Legal grounds for obtaining a Temporary Residence permit in Azerbaijan by purchasing property  (real estate).

According to Article 45 of the Migration Code of the Republic of Azerbaijan, foreigners and stateless persons may receive a temporary residence permit (TRP) in the territory of the Republic of Azerbaijan if one of the following grounds exists. To learn more about these basics, you can link to the blog post about obtaining a temporary residence permit (TRP). Two of the reasons that foreigners are most interested in obtaining a temporary residence permit are as follows:

  • investing in the country’s economy in the amount of at least 500,000 manats;

In this regard, it should be noted that the purchase of non-residential plots by foreigners and stateless persons with a value above 500,000 manats is considered an investment. As indicated above, foreigners and stateless persons, as well as their family members, who invest in the country’s economy in the amount of at least 500,000 manats, are granted a temporary residence permit in the territory of the Republic of Azerbaijan for the period specified in the applicant’s application, but not exceeding 3 years, and if there is a relevant reason, each time may be extended for a period not exceeding 3 years. Also, a permit for temporary residence in the territory of the Republic of Azerbaijan to foreigners and stateless persons, as well as to their family members, who have purchased residential and non-residential plots with a value of more than 100,000 manats but less than 500,000 manats, initially specified in the applicant’s application, but 1 it is granted for no more than one year and, if there is a relevant reason, it can be extended for no more than 2 years each time.

In addition, foreigners and stateless persons who have been temporarily living in the territory of the Republic of Azerbaijan for the past 2 years without interruption can apply for a permanent residence permit (PR) in the territory of the Republic of Azerbaijan. It should be noted that at this time, persons who received a temporary residence permit due to being family members of foreigners or stateless persons who received a temporary residence permit in the territory of the Republic of Azerbaijan constitute an exception. At the same time, foreigners who have invested at least 500,000 manats in the country’s economy can apply to the government for a permanent residence permit.

  • If he/she has real estate worth at least 100,000 manats in the territory of the Republic of Azerbaijan;

The rights of foreigners and stateless persons during the purchase and sale of real estate, as well as other types of contracts on real estate, have equal force with the rights of citizens of the Republic of Azerbaijan. However, it is important to pay attention to one nuance here. So, we noted that land plots, buildings, facilities, etc. are considered real estate. Unlike other types of real estate, there is an exception rule for foreigners and stateless persons when buying and selling land. According to the Law of the Republic of Azerbaijan “On the Land Market” dated May 7, 1999, foreigners, stateless persons, foreign legal entities, international associations, organizations, and foreign states can enter into other contracts within their powers determined by legislation in the land market, except for the acquisition of land. As it can be seen, the transfer of land plots to the ownership of foreigners and stateless persons is not allowed by legislation.

II. Ownership of real estate as a basis for granting a temporary residence permit (TRP)

As mentioned above, one of the grounds for issuing a temporary residence permit (TRP) is related to the fact that foreigners and stateless persons have the immovable property (real estate) in the territory of the Republic of Azerbaijan. However, one nuance should be noted here. Thus, according to the migration legislation, the value of real estate owned by foreigners and stateless persons should be at least 100,000 manats to be able to obtain temporary residence permit (TRP) in Azerbaijan. In this regard, it is necessary to clarify what is meant by real estate in the legislation.

Thus, according to the civil legislation, the rights over real estate must be state registered: land plots, buildings, facilities, and other things firmly connected to the land (which cannot be separated from it), that is, objects that cannot be changed without causing disproportionate damage to their purpose. From this definition given to immovable property (real estate), its most important feature emerges: it is the impossibility of changing its location without causing disproportionate damage to its purpose. In general, it should be noted that according to civil legislation, things are divided into two parts: movable and immovable things. As indicated above, real estate includes land plots, underground plots, separate water bodies, forests, perennial plantings, buildings, facilities, etc. All things that cannot be attributed to immovable things are considered movable things.

Another important feature of immovable objects is that their rights over them must be state registered. It should be noted that for state registration of immovable property (real estate), it is sufficient to have one of the grounds specified by the legislation. To familiarize yourself with these principles, you can refer to the Law of the Republic of Azerbaijan “On the State Register of Real Estate”.

The state registration of rights on immovable property (real estate) is carried out by the State Cadastre and Register of Immovable Property of the State Service of Real Estate Affairs under the Ministry of Economy of the Republic of Azerbaijan.

III. Sale-purchase of the real estate

As mentioned, there are several grounds for acquiring rights over real estate, one of which is notarially approved contracts on real estate, the right of inheritance, the right to ownership of a share in the common property (real estate) of spouses, certificates on the acquisition of residential houses and apartments at public auctions, housing certificate.

One of the contracts approved by the notary public is the real estate purchase and sale contract. In general, according to the sales contract, the seller undertakes to transfer the item to the buyer, and the buyer undertakes to accept the item and pay a specified amount of money (price) in return. According to its legal nature, the purchase and sale contract is a type of contract of a multilateral, reciprocal, gratuitous, and consensual nature.

According to the contract of sale of immovable property (real estate), the seller undertakes to transfer the plot of land, house, building, facility, apartment, or other immovable property (real estate) to the ownership of the buyer. It should be noted that the costs of notarizing the purchase agreement and registering the real estate in the state register are borne by the buyer. In addition, the real estate purchase agreement must be notarized.

As the ACON team, we can assist you with various actions on real estate – purchase, sale, lease, rental, etc. providing legal assistance on implementation, as well as in the field of migration – obtaining temporary, permanent, and work permits, etc. We would be pleased to provide services!

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