New Changes to the Law of Georgia on the Legal Status of Aliens and Stateless Persons

From May 12, 2021, significant amendments to the Law of Georgia on the Legal Status of Aliens and Stateless Persons came into force. These changes, initiated by Member of Parliament Mikheil Sarjveladze on February 4, 2021, were approved after three parliamentary hearings and bring considerably stricter conditions for obtaining residence permits in Georgia.

Redefinition of “Family Member”

The term "family member" now only includes minor children. Adult children are excluded, meaning they can no longer apply for a residence permit through family reunification with a foreign parent living in Georgia.

Narrowed Scope of D5 Visa

The D5 visa, issued to property owners with real estate worth over USD 100,000, is now limited to the spouse and minor children of the property owner. Parents are no longer eligible under this category.

Stricter General Residence Permit Requirements

Asylum seekers are no longer deemed legally residing and cannot apply for residence permits based on their asylum identification document.
Foreigners whose legal stay was extended temporarily due to expired grounds cannot apply for residence permits.
C category visa holders (tourists, business travelers, etc.) cannot apply for residence permits, with exceptions for investors and victims of violence or trafficking.
Foreigners from countries listed under Decree N 256 (June 5, 2015) who enter Georgia visa-free for 90 days within 180 days are not eligible for residence permits.

Permanent Residence Requirements Extended

The requirement to obtain a permanent residence permit has increased from 6 years to 10 years of legal residence in Georgia. For children of foreign nationals married to Georgian citizens, only minor children are eligible under this basis.

Real Estate-Based Residence Permits

Only spouses and minor children of the property owner are eligible for permits; parents are excluded.
The permit is valid for 1 year and can only be renewed for 1 year at a time.
Maximum duration of temporary residence permits is extended from 6 to 12 years.

New Timeframes for First-Time Residence Permits

Work, study, family reunification, and special permits will now initially be granted for 6 months or 1 year, instead of longer periods as previously allowed.
In exceptional cases, first-time permits may be granted for up to 5 years.
Residence permits for former Georgian citizens: valid for 6 years.
Permits for stateless persons: valid for 3 years upon first issuance.

Verification Powers for the Public Service Development Agency

The Public Service Development Agency is granted authority to verify information in residence applications by inspecting premises and interviewing persons involved. This is aimed at detecting fictitious applications.

Expanded Grounds for Refusal

Applicants with any criminal conviction in the past 5 years may be denied a residence permit (previously limited to aggravated crimes).
Legal stay may be terminated if the applicant is convicted of any offense.
An existing expulsion decision is now a ground for automatic denial of a residence permit or extension of legal stay.

Regulations on Extension of Legal Stay

Applicants involved in court proceedings must apply for stay extension at least 14 days before expiry of current legal stay.
When a residence permit application is under review, the Agency alone may extend stay for the applicant during administrative proceedings. The applicant may not request the extension independently.

Discriminatory Enforcement and Statistics

The new amendments continue a trend of increasingly restrictive immigration policies. Foreigners from African and Asian countries have faced **disproportionate rejection rates**, often without transparent reasons.

In 2020, out of 2,018 rejected residence permit applications, a staggering 1,907 (94%) were refused on vague “state security” grounds. This practice has raised concerns of discriminatory enforcement and misuse of state security justifications to block immigration from certain regions.

The 2021 amendments reflect a significant tightening of immigration rules in Georgia. Foreign nationals, especially those from Africa and Asia, face heightened barriers to legal residency. The law increases scrutiny, limits eligibility, and imposes restrictive timeframes and conditions. Given the complexity and implications of the new regulations, professional legal advice is strongly recommended for those seeking residence in Georgia.