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LEGAL ALERT

GENERAL BACKGROUND


On March 5th, 2014, the Parliament of Georgia adopted a new Law on Status of Foreigners and Stateless Persons which shall completely replace the current law of December 27th, 2005. The new law is set to enter into force on September 1st, 2014. The Government of Georgia will then adopt numerous acts required to implement the new regulations including among others, new rules on granting and extending visas and residence permits.


Foreigners holding valid visas should not be obligated to re-apply for a new visa until they first exit Georgia. Once they exit however, re-entry will fall under the regulation of the new law. With regard to foreigners holding valid residence cards, they should not be subject to the new requirements until the expiry date of their residence cards. All procedures applicable to granting of residence permits should remain unchanged up to September 1st, 2014.


SUMMARY OF CHANGES

 

 Entry to Georgia
• The new law has added a temporary ID card to the basis of lawful stay.
• Foreigners not requiring a visa to enter Georgia will be entitled to stay in Georgia for no longer than 90 calendar days. throughout any 180-day period instead of 360 days.
• A list of citizens enjoying visa-free entry is no longer included in the law.
• Visa free stay is allowed for tourism purposes only.
• The new law has changed the rules on detention of foreigners being in breach of visa requirements.


Visa
• Visa categories have changed from diplomatic, service, ordinary, transit and study to diplomatic (category A), special (category B), ordinary (category C), immigration (category D) and transit visas (further divided into subcategories based on the purpose of travel to Georgia).
• The new law divides visas into long-term and short-term categories. Short term visas may be granted with the right of one or multiple entries.
• Visas may be granted at the border in exclusive cases at the decision of the Ministry of Internal Affairs of Georgia; one should apply for a Georgian visa to the diplomatic mission or a consulate of Georgia in the country of his/her citizenship or residence, or in the neighbouring country.
• Additional documents and procedures are required for obtaining a visa.
• The new law has amended the basis for refusal to grant a visa.

 
Residence Permit
• The new law has introduced new types of residence permits, including (a) labour residence permit; (b) education residence permit; (c) family reunion permit; (d) residence permit for a former Georgian citizen; (e) residence permit for stateless persons; (f) special residence permit; (g) permanent residence permit; (h) investment residence permit. Obtaining of each type of the residence permit is possible on the basis of a corresponding type of visa.
• The investment threshold for the purposes of obtaining of a corresponding permit has been increased.
• Application from abroad is no longer possible.

 

NOTE: The above is a short summary of recent changes. Therefore it does not contain exhaustive information for all scenarios. Requirements for each individual may vary on a case-by-case basis. For any further information please do not hesitate to contact our offices.

BGI is one of Georgia's leading firms in all areas of corporate law and in energy and infrastructure has acted on key projects in the oil and gas, energy, transport infrastructure areas. Previous comments have included: "Very good law firm for this jurisdiction...very knowledgeable, they get the job done on time and on budget...they are very professional and good lawyers". Thanks for universal praise from competitors and clients alike, BGI sits comfortably in the top tier... BGI is client-focused and solution-oriented... [with] excellent local counsel, not just for Georgian standards, but by international standards... [A major international client says:] "In terms of local law firms... I have a strong preference for BGI."

IFLR1000 - 2017

Zaza Bibilashvili is able to suggest winning strategies and is active across a range of contentious and non-contentious work, including real estate and intellectual property matters. Previous comments include: BGI Legal fields ‘a team of true professionals with good knowledge of law and a proper understanding of business needs`. It provides full-service support to leading multinational and Georgian clients, handling general legal matters alongside more complex financing, M&A, dispute resolution and capital markets mandates.

Legal 500 - 2016

Zaza Bibilashvili is a well-known and highly regarded figure in the Georgian legal market. One of the founding partners of the firm, he oversees projects and is a key contact for clients. Lasha Gogiberidze has been called "one of the leading lawyers in Georgia" and "a central person not just in capital markets, but in the legal market in general." Considered an expert in capital markets and project finance work, particularly in the energy sphere, he is highly respected by his peers, who say: "He`s among the top lawyers who shaped the legal market."

Chambers Global - 2016