Concept

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

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