Dechert OnPoint: An Overview of Georgia’s Immigration Regime

Dechert Georgia, through the contribution of partners Archil Giorgadze and Nicola Mariani, joined by senior associates Ruslan Akhalaia and Irakli Sokolovski, as well as Ana Kostava and Ana Kochiashvili, is partnering with Georgia Today on a regular section of the paper to provide updated information regarding significant legal changes and developments in Georgia. In particular, we will highlight significant issues which may impact businesses operating in Georgia.

INTRODUCTION

In 2014 Georgia introduced the Law on the Legal Status of Foreigners and Stateless Persons (the “Law”), thus establishing a new immigration regime for Georgia. This legislative change was a modification to the then-existing open visa policy and special emphasis was placed on effective border management notably due to the visa liberalization dialogue with the European Union (“EU”). However, the new rules were unpopular with many members of society as they imposed significantly stricter regulations. Despite the fact that the Law has been amended since 2014 to simplify its initial regulations, allow electronic applications and increase the period of legal stay for foreigners and stateless persons who meet certain conditions, there remains much confusion about application of the Law. This edition of Dechert OnPoint brings light to the current immigration regime, focusing on basic aspects of visa and residence permit issues.

LEGISLATIVE GROUNDS FOR ENTRY AND STAY IN GEORGIA

The Law provides for the following grounds for entry and stay in Georgia: (a) a Georgian visa; (b) a Georgian residence permit; (c) a temporary residence card for a person having refugee or humanitarian status in Georgia; (d) a temporary identity card; and (e) other cases as provided by Georgian legislation. In many cases, a foreign citizen who seeks to enter Georgia must first obtain a Georgian visa. The Ministry of Foreign Affairs of Georgia as well as Georgia’s diplomatic missions and consular offices abroad grant Georgian visas. Only in exceptional cases defined by the Government of Georgia can a visa be issued at the Georgian state border. International travelers from 144 countries are eligible to travel to Georgia without a visa if they meet the requirements for visa-free travel.

RESIDENCE PERMITS

The following types of residence permits are issued by the LEPL Public Service Development Agency within the Ministry for Justice of Georgia (the “Agency”) to foreigners (foreigners): work residence permit; study residence permit; family reunification residence permit; former citizen residence permit; stateless person residence permit; special residence permit; permanent residence permit; investment residence permit; temporary residence permit; and short-term residence permit. Work, study, family reunification, former citizen and special residence permits may be issued for a maximum of six years. A stateless person residence permit may be issued for a three-year period. Permanent residence and investment residence permits are issued with the right to permanent residence. A short-term residence permit may be issued to a foreigner for a one-year period provided that the person owns immovable property of a certain value. The validity of this residence permit is terminated if the foreigner’s right of ownership over the relevant property is terminated. The validity of a temporary residence permit and short-term residence permit may be extended with the same conditions as applied when the permit was issued.

Applications for a residence permit must be made at the Agency and at branches of the LEPL Public Service Hall. The process should take approximately 30 calendar days but the law also provides the option for an accelerated procedure with the possibility to obtain residence permit in ten calendar days. Once a residence permit has been issued, it is mandatory to get a residence certificate, except for the cases specifically provided by the Law.

VISAS

Depending on the purpose of one’s visit to Georgia, there are different categories of visas that apply. Under the Law, visas are divided into five categories depending on the purpose of the visit or stay in Georgia: (1) diplomatic visa; (2) special visa; (3) ordinary visa; (4) immigration visa; and (5) transit visa. Citizens of certain countries are eligible to apply for a Georgian visa through the E-VISA PORTAL depending on the purpose of travel. The documentation required for the application differs depending on which category of visa (and status of residence) the applicant seeks. A single entry short-term visa may be issued according to the length of stay requested on the visa application form, provided the stay is of no more than 30 days. A multiple entry short-term visa may be issued for a maximum 5-year validity period provided that the foreigner’s entry and stay in Georgia does not exceed 90 calendar days in any 180-day period. A long-term visa is issued with the right of multiple entry during an open-ended period, provided that each stay does not exceed 90 calendar days in any 180-day period.

Additionally, a stateless person holding a Georgian residence permit or temporary residence permit of a refugee or person with humanitarian status may stay in Georgia for the entire period that their relevant documents remain valid.

A short-term multiple-entry visa is issued to foreigners who, under the procedures established by Georgian legislation, have visited Georgia at least once during the previous year and who meet other requirements for requesting a short-term multiple-entry visa. The condition of having visited Georgia during the previous year is not required for the issuance of diplomatic and special visas, or of a short-term multiple-entry electronic visa on the basis of a visa application submitted through the E-VISA PORTAL.

VISA FREE REGIME

Decree #255 of the Government of Georgia dated 5 June 2015 (“Decree #255”) provides that the citizens of 94 countries can enter, reside, work and study in Georgia for a maximum of 360 days without being required to obtain either a visa or a residence permit. Decree #255 also provides that the citizens of EU member states may enter Georgia with a travel document as well as an ID card that is issued by an EU member state and contains the person’s name, surname, date of birth and photo. Entering Georgia and staying for 360 days is also permitted for citizens who hold a United Nations (the “UN”) Laissez-Passer, a travel document issued by the UN or one of its specialized agencies.

Decree #256 of the Government of Georgia dated 5 June 2015 (“Decree #256”) lists 50 countries of which a valid visa and/or residence permit allows a foreigner or stateless person to enter and stay in Georgia for 90 calendar days during any 180-day period without the requirement to obtain a visa or residence permit in Georgia.

CONCLUSION

The present article makes clear that although the requirement to obtain a visa or residence permit now apply to more categories of people since the new approach was implemented in 2014, the Law has since been amended to allow foreigners and stateless persons to apply electronically for a Georgian visa and to stay legally in the country for longer periods of time; including without a visa or residence permit in certain cases.

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Note: This article does not constitute legal advice. You are responsible for consulting with your own professional legal advisors concerning specific circumstances for your business.

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Dechert Georgia is the Tbilisi branch of Dechert LLP, a global specialist law firm that focuses on core transactional and litigation practices, providing world-class services to major corporations, financial institutions and private funds worldwide. With more than 900 Lawyers in our global practice groups working in 27 offices across Europe, the CIS, Asia, the Middle East and the United States, Dechert has the resources to deliver seamless, high quality legal services to clients worldwide. For more information, please visit www.dechert.com or contact Nicola Mariani at nicola.mariani@dechert.com.