Requirements for obtaining Georgian Residency (Georgian Residence Permit)
“Everyone lawfully staying in Georgia shall have the right to move freely within the territory of the country, to choose a place of residence freely and to leave Georgia freely” – states the Constitution of Georgia. So, Georgian legislation establishes the right to reside in Georgia, for a long period, on different lawful basis.
Rules on immigration change almost every year in Georgia, so, it is important to stay informed about the requirements for your stay in the country.
In this article, we discuss the grounds for entering Georgian territory and obtaining the right to reside in Georgia.
General Requirements for getting Georgian Residence Permit
The application has to be made with the presence of the applicant, at least 40 days before the term of your lawful stay expires. Тhe limitation period may be disregarded in some cases, but generally, you will have to keep this rule in mind.
Georgian residency applicant must be legally present in Georgia in all cases, meaning, the person will have to show the document of its legal entrance / stay in Georgia.
Keep in mind, also, that it is possible to apply for prolongation of your residence permit remotely - via Power of Attorney, but it is not possible to apply for the residence permit remotely, if you’re the first-time applicant.
Having Georgian residence permit will also help you with getting Georgian Tax residency as a High Net Worth Individual, as the HNWI having the residence permit, is not required to have 25,000 GEL yearly income from Georgian Source.
The timeline
The timeline for the decision on the residence permit, after applying all documents is 30 days. This 30-day period can be accelerated to 20 or 10 days by paying additional fees. No 10 days acceleration possibility in case of application for Georgian permanent residence.
Entrance and residence
Entering Georgian territory is possible on the following lawful basis:
· Visa Free Georgian Entry
Depending on where you are from, you get a visa free entry to Georgia for 1 year or 90 days. The longevity is defined by treaties between Georgian Government and your country. The list of countries, whose citizens may enter Georgia without a Visa is approved by the Government of Georgia (Ordinance No. 255, 5.06.2015). 1 year visa-free regime gives you a possibility to stay in Georgia 365 days, then leave it for couple of hours - go back to Georgia and your 365 days-period starts again.
· On the Basis of Georgian Visa
Information about whether you need visa to enter Georgian territory and the respective conditions can be found on the following webpage.
Residing in Georgia is possible on the following lawful basis:
· On the basis of Georgian Residence Permit
After the duration of your legal stay is through, the person residing on the territory has to apply for the permit of residence of Georgia, to further residence (stay) on the territory.
Types and Terms of Georgian Residence Permits
The following types of Georgian residency can be issued:
Temporary residencies (normally first time are issued on 6 months - 1 year period, in special cases for up to 5 years) can be prolonged each year for up to 12 years, depending on residency type:
- 1. Residence permit for Labor reasons (first time: 6 month - 1 year)
- 2. Residence permit for Educational reasons (first time: 6 month - 1 year)
- 3. Residence permit for family reunification (first time: 6 month - 1 year)
- 4. Special residence permit (first time: 6 month - 1 year)
- 5. Temporary residence permit (for victims of family violence) (first time term depends on variables)
- 6. Short-term residence permit (always issued for 1 year period);
- 7. Investment residence permit (can be issued up to 5 year period);
- 8. Residence permit of a former citizen of Georgia (issued for up to 6 year period)
- 9. Residence permit of a person with no citizenship (issued for up to 3 year period)
Georgia Permanent residencies:
10. Residence permit for indefinite stay (qualified relatives of Georgian citizen or qualified person residing in Georgian for 10 years on the temporary residence basis);
11. Permanent residence permit (for qualified investment residence permit holders).
We will touch on the most requested residence permits in this article. If you have questions regarding any of it, please contact us additionally.
Georgian Temporary Labor Residency (Georgian Work Residence Permit)
Labor residence permit can be issued for a person, pursuing entrepreneurial or labor activities, as well as to freelancers in Georgia, so, the person seeking the permit, must be a business owner in Georgia, or be employed, or self-employed.
Some people like to register a company in Georgia, in order to get a residence permit in an easy form, but the authorities have been paying attention to the false actions of some applicants, thus, requirements have become stronger and the process of examination has become stricter recently.
The advantage of this path though, is that the company in which the applicant works or which the applicant owns, would have to have the annual turnover of only GEL50,000 per person. GEL50k is approximately USD16k as per today. This amount is sufficiently lower than USD100k needed in case of the path of Real Estate (discussed below).
So, the enterprise itself, in which the applicant works, or which is owned by the applicant, should have a turnover of at least 50,000 GEL per foreigner (35,000 GEL in the case of educational and medical business) employed in it.
In case of a one-person LLC, or if an applicant is an Individual Entrepreneur, the turnover of said company, should also reach GEL50,000.
The document issued by the Revenue Service is required to proof a turnover of GEL 50,000 for the company. In turn, the Revenue Service issues a document on VAT turnover, and not on the company turnover in general. This poses a problem for companies that do not pay VAT (for example, if the company provides services to businesses abroad electronically). In such cases, in practice it is recommended to obtain a document from the Revenue Service that the company is not registered as a VAT payer and at the same time submit the turnover statement from the bank, showing the last 1 year movements.
The Bank Statement showing sufficient financial movement of the company may also be accepted by the authorities, but they may demand additional papers too, which we cannot define beforehand.
Apart from the turnover requirement, the law demands that the monthly salary requirement shall also be met.
Monthly income of an applicant should be five times the subsistence minimum stated by the authorities in Georgia. The subsistence minimum is established by the National Statistics Office of Georgiai. Therefore, by the moment of writing this article, the minimum salary of the applicant must be at least GEL1,121 (approximately EUR 300)ii.
A statement from the employer stating the salary of the applicant, or an amount equal to his / her annual salary (at least 12 times the subsistence minimums) on an applicant’s personal bank account (GEL13,452 in this case) can be used as evidence showing that the person is compliant with this requirement.
The downside to this path is that the residence permit in this case cannot be issued to the family members of the applicant as well. However, obtaining this residence permit can be the basis for obtaining family reunification temporary residence permit for the qualified family members (see below “Georgian Family Reunification Residence Permit”).
The following main list of documents is required to obtain any type of residence:
- 1) a statement of the prescribed form;
- 2) a copy of the foreigner’s travel document;
- 3) A copy of the document certifying legal presence in Georgia; (eg visa, residence permit if applicable);
- 4) Photograph, size 3/4;
- 5) Receipt confirming the payment of the service fee;
Documents to be submitted for Georgian work residence permit, in addition to the above (main list) documents:
- 1. Passport;
- 2. Certificate confirming that the monthly income of the employee / entrepreneur is 1,121 GEL and the turnover of the enterprise is 50,000 GEL per foreigner (in the case of an educational or medical institution not less than 35,000 GEL);
- 3. Document certifying work and entrepreneurial activities (employment contract or other document certifying employment); If these documents do not prove the foreigner’s legal income, the funds credited on the foreigner’s personal bank account will be sufficient. The evidence of the latter activity shall be a stamped certificate issued by the bank.
Investment residence permit
Investment residence permit can be issued to a foreign citizen, who invests at least USD 300,000 (three hundred thousand) equivalent in GEL in Georgia or to a foreign citizen, who purchases real estate worth at least USD300,000 on the territory of Georgia.
This type of residence permit is appealing especially to applicants who wish to obtain the permits for their family members, as permits can also be issued to the investor’s family membersiii too, on the same legal basis (the same investment); This permit is even more appealing as it gives path to Georgia permanent residence permit after 5 years.
According to the Law of Georgia on Promotion and Guarantees of investment, all types of property and intellectual values or rights that will be invested and used in entrepreneurial activity, carried out on the territory of Georgia to gain potential profit, are considered to be investments.
Thus, investment in any kind of permitted economic activity, that brings profit to the applicant, exceeding the value of USD300,000 will make you eligible for the permit to reside on the territory.
You will also need letter from three recommenders (representatives of Georgian Businesses) in this case, unless you have a recommender from the Georgian Government member, in which case, one recommendation will be enough.
Note here, that it is required that you invest in such a business activity, that has sufficient turnovers, demanded by law (discussed below), as not having sufficient turnovers, will result in termination of the validity of the permit issued.
The annual turnover from the entrepreneurial activity of the person holding investment residence permit, should be as follows (by years):
- 1. First year from receiving an investment residence permit: $ 50,000 or more;
- 2. Second year - $ 100,000 or more
- 3. Third year - $ 120,000 or more
- 4. Fourth year - $ 120,000 or more
- 5. Fifth year - $ 120,000 or more
Documents to be submitted, in addition to the main list of documents:
To obtain an investment residence permit, together with the main list of documents listed above, you must submit the following evidences:
- A document proving that you have made an investment of at least $ 300,000 in Georgia (audit report)
- A written recommendation issued by a member of the Government of Georgia OR written recommendations from three citizens of Georgia, having the authority to represent a Georgian-based business entities.
Short-term residence permit
Short-term residence permit is issued to a foreigner who has the right of ownership on immovable property on the territory of Georgia.
This type of residence is considered to be the most common and easiest way to obtain a residence permit in Georgia as there is only one requirement to follow: the market value of the property should exceed the equivalent in GEL of USD100,000.
This type of residence permit can also be issued to the family members of the applicant.
The market value of the real estate should be determined by a certified appraiser of the accredited body.
Documents to be submitted, in addition to the main list of documents:
- A document certifying the ownership of immovable property on the territory of Georgia (except for agricultural land) with a market value exceeding USD 100,000 equivalent in GEL;
- A document certifying the market value of the item (the valuation shall be made by the accredited assessor);
Educational residence permit
A study residence permit is issued for the purpose of studying in an authorized educational institution in Georgia - for school, university, college.
Documents to be submitted, in addition to the main list of documents:
To obtain educational residence permit, a foreign citizen must submit the following documents to the agency:
- - a copy of the document evidencing the alien’s lawful stay in Georgia (immigration visa D3);
- - a certificate issued by an authorized Georgian educational institution confirming that the alien is studying at that institution (indicating the anticipated duration of study);
- - a document evidencing legal income earned in Georgia by the alien and/or by a Georgian citizen or by his/her relative having the right of residence in Georgia and a document confirming kinship relationship with this person. Funds on the alien’s personal bank account may also be considered as income. Monthly amount of money, taking into account the duration of the residence permit, shall not be less than double the amount of the minimum subsistence level for average consumers in Georgia (approximately GEL400).
Residence Permit for Family Unification Reasons
This type of permit is most convenient when a foreigner has a residence permit in Georgia and wants his / her family members to have a residence permit and thus reunite the family. Family member is determined as the spouse of a foreigner or a stateless person with the status of Georgia, a minor child, a minor under guardianship or custody and / or fully under support, receiving support or incapable of work; Parent of a minor alien or a minor without citizenship in Georgia; Foreign spouse of a citizen of Georgia, minor child, minor or parent of a minor citizen of Georgia under guardianship or custody.
Documents to be submitted, in addition to the main list of documents:
In order to obtain a residence permit for family reunification, a foreigner must submit to the foreign agency:
- 1. To obtain a Georgian residence permit for family reunion, an alien shall submit to the Agency:
- - a document evidencing family relationship;
- - document evidencing legal income earned in Georgia by the alien and/or by a Georgian citizen or by his/her relative having the right of residence in Georgia. Funds in the alien’s personal bank account may also be considered as income. The monthly amount credited on the account, taking into account the duration of the residence permit, shall not be less than double the amount of the minimum subsistence level for average consumers in Georgia.
Georgia Permanent residence permit
Permanent residence permit allows you to stay in Georgia for an indefinite period. It also legally equates such a person with a citizen of Georgia. The right a permanent resident of Georgia will NOT have is the right to participate in elections and will also not be subject to compulsory military service. Also, it is important that such person is not granted a right to visit Schengen countries without visa.
Permanent residence permit can be issued in the following circumstances:
1. to a spouse, parent and child of citizen of Georgia;
2. to a foreign citizen who, holding a temporary residence permit, has resided in Georgia during the preceding 10 (ten) years.
Thus, if you legally reside in Georgia for ten years on the basis of any kind of temporary residence permit (listed above) you will be eligible for permanent residence permit, which will be in force indefinitely.
Note here, that living in Georgia for educational purposes or for medical treatment or for diplomatic mission work, will not count as compliant to the ten-year requirement.
Documents to be submitted for Permanent Residence Permit, for issuing a permanent residence permit to a Georgian citizen’s spouse, parent or child:
- o an application in the established form
- o a copy of the alien’s travel document
- o a copy of the document evidencing the alien’s lawful stay in Georgia (immigration visa D4)
- o a document certifying kinship with a Georgian citizen
- o a document evidencing legal income earned in Georgia by the alien and/or by a Georgian citizen or by his/her relative having the right of residence in Georgia; if the Georgian citizen is of retirement age or receives social security benefits – a document evidencing the receipt of a state pension or social security benefits; the money in the alien’s personal bank account may also be deemed as income.
- o a 3x4cm photo
- o a receipt evidencing payment of the service fee of the Justice House;
Documents to be submitted for Permanent Residence Permit for obtaining a permanent residence permit for an alien who has lived in Georgia under a temporary Georgian residence permit for the past ten years:
- o an application in the established form
- o a copy of the alien’s travel document
- o a document evidencing that the alien has lived in Georgia under a temporary Georgian residence permit for the last ten years (copy of a temporary Georgian residence card/permit)
- o a document evidencing legal income earned in Georgia by the alien and/or by a Georgian citizen or by his/her relative having the right of residence in Georgia and a document confirming kinship relationship with this person; if the Georgian citizen is of retirement age or receives social security benefits – document evidencing the receipt of a state pension or social security benefits; the money in the alien’s personal bank account may also be deemed as income
- o a 3x4cm photo
- o a receipt evidencing payment of the service fee of the Justice House.
Residence permit for indefinite stay
The residence permit for indefinite stay is given to the foreigner (and his/her family members) who holds an investment residence permit issued on the basis of making a USD 300.000 (equivalent in GEL) worth investment, and who has shown an annual turnover received from the entrepreneurial activity for the minimum amount, with the following schedule:
The annual turnover from the entrepreneurial activity of the person holding investment residence permit, should be as follows (by years):
- 1. First year from receiving an investment residence permit: $ 50,000 or more;
- 2. Second year - $ 100,000 or more
- 3. Third year - $ 120,000 or more
- 4. Fourth year - $ 120,000 or more
- 5. Fifth year - $ 120,000 or more
The residence permit for indefinite stay can also be given to the foreigner (and his/her family members) who holds an investment residence permit issued on the basis of owning an USD 300.000 (equivalent in GEL) worth property and has had an ownership right on this property for at least 5 years since receiving an investment residence permit.
This requirement means, that the applicant should not have alienated the property worth $300,000 he/she has owned during these 5 years.
To obtain Residence permit for indefinite stay, together with the main list of documents you must submit:
- A copy of the investment residence certificate / residence permit issued on the basis of an investment of GEL 300,000 equivalent in Georgia;
- Information confirming that in the 5th year after the acquisition of investment residence, the turnover as a result of the implementation of entrepreneurial activities amounted to a turnover of at least 120,000 USD equivalent in GEL;
i https://www.geostat.ge/en
ii https://www.geostat.ge/en/modules/categories/49/subsistence-minimum
iii A family member of a foreigner is: a spouse, a minor child and a person receiving full support or incapacity for work of a foreigner, as well as a person of full satisfaction of an foreigner who is declared incapacitated in accordance with the legislation of the respective country.
iV his / her spouse and child / children (a family member of a foreigner is: a spouse, a minor child and a person receiving full support or incapacity for work of a foreigner, as well as a person of full satisfaction of an foreigner who is declared incapacitated in accordance with the legislation of the respective country).
DISCLAIMER: This is not a legal or tax advice. Our opinion is not binding for any court or tax authorities. Any kind of investments bears risks.
