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LAW OF THE REPUBLIC OF GEORGIA

ON IMMIGRATION

Chapter 1. General Provisions

Article 1. The purpose of the Law of the Republic of Georgia on immigration

The purpose of the Law of the Republic of Georgia On Immigration consists in determining the order and terms of arrival in or immigration into the Republic of Georgia of citizens of a foreign country, as well as apartides (hereinafter called foreigners) for permanent residence without infringing upon the interests of citizens of Georgia, as well as regulating other relations arising in connection with this issue.

Article 2. The legislative acts regulating immigration

In the Republic of Georgia immigration is regulated by the Law of the Republic of Georgia On legal Status of Foreigners, the present Law and other legislative acts of the Republic of Georgia.

If an international treaty which the Republic of Georgia participates in established other rules different from the legislation of the Republic of Georgia, the rules of the international treaty are used.

Chapter 2. The Legal Status of Immigrants

Article 3. The status of an immigrant

An immigrant in the Republic of Georgia is deemed a foreigner who is granted the right to permanent residence in the Republic of Georgia.

The immigrant status may be granted to

For receiving the immigrant status a foreigner shall have a permanent legal source of income providing a possibility to meet the minimal vital requirements of his (and the members of his family).  The money, equivalent of these requirements is approved by the Cabinet of Ministers of the Republic of Georgia on the basis of calculation of the Ministry of Social Security, Labour and Employment.

In cases an immigrant lacks sufficient financial resources there should be a guarantee of his (his family members') employment.  Such a conclusion is issued by the Ministry of Social Security, Labour and Employment.

The requirements envisaged by the third and fourth parts of the present law do not apply to the persons indicated in point I of the seconnd part of the present article.

Article 4. The grounds for the refusal of immigration into the Republic of Georgia

A foreigner may be refused immigration into the Republic of Georgia:

Article 5. The entry of an immigrant into the Republic of Georgia

A foreigner having obtained a permit to reside in the Republic of Georgia through diplomatic or consular institutions is granted an entry visa to the Republic of Georgia.

An entry visa to the Republic of Georgia is valid within a year as from the day of its issue.  Of a foreigner did not arrive in Georgia during that period, the visa becomes invalid and the question on his (her) immigration into the Republic of Georgia is solved for the second time according to the order establish by the legislation.

While entering the Republic of Georgia a foreigner having been granted the right to reside in the Republic of Georgia goes through a passport checkpoint.  Upon going through a passport check-point he (she) produces a permit to reside in the Republic of Georgia, entry visa, passport or a document substituting it.

On entering the Republic of Georgia each immigrant undergoes a compulsory medical examination.

An immigrant may be refused on entry visa to the Republic of Georgia if the circumstances envisaged by Article 4 of the present Law are found.

Article 6. Registration of an immigrant

Every immigrant, within 10 days from the date of entering the Republic of Georgia, shall be registered at the bodies of internal affairs at the residence place.

An immigrant shall advise the bodies of internal affairs of changing his (her) place of residence.

Article 7

The grounds for expelling an immigrant from the Republic of Georgia.  An immigrant may be  expelled from the country if:

The decision on expelling an immigrant from the Republic of Georgia is made by the Minister of Justice on the basis of presentation of the Ministers of Internal Affairs, Public Health, Foreign Affairs, Procurator’s Office, legal bodies and information intelligence service respectively.

In cases envisaged by points 1,3 and 4 of the first part of present article amn immigrant is notified of the decision on expelling him (her) from the Republic of Georgia in writing within 10 days from the date ofits passing, and he (she) shall leave the territory of the Republic of Georgia within 10 days after the receipt of the decision.  An immigrant has the right to appeal against such decision in court within 10 days.  In this case the 30-day period is interrupted and resumed from the moment of incoming into force a decision of the Court.       

The persons indicated in point 2 of the first part of the present article shall leave the territory of the Republic of Georgia within 30 days after the termination of serving a sentence.

The decision on expelling an immigrant from the Republic of Georgia does not concern the members of the family of the immigrant.

Article 8. Forced expelling an immigrant from the Republic of Georgia

An immigrant having not fulfilled the requirements envisaged by the third and fourth parts of Article 7 of the present Law is to be forcibly expelled from the Republic of Georgia.

The order of forcible expelling is approved by the Cabinet of Ministers of the Republic of Georgia.

Article 9. The rights, liberties and duties of an immigrant

The rights, liberties and duties of an immigrant in the Republic of Georgia are determined by the Law of the Republic of Georgia on Legal Status of Foreigners, the present Law and other legislative acts of the Republic of Georgia.

Chapter 3

The state regulation and organization of the control on the processes connected with immigration into the Republic of Georgia.

Article 10. An immigration quota

With the purpose of state regulation of the process of immigration into the Republic of Georgia an immigration quota implying the setting of a limited number of immigrants is annually determined.

An immigration quota is determined by the Cabinet of Ministers of the Republic of Georgia and approved by the Parliament of Georgia 6 months before the beginning of each calendar year.

Article 11. The limit of an immigration quota

Proceeding from the state, political and economic interests, on the basis of a proposal of the Head of State of Georgia or the Government of the Republic of Georgia the Parliament of Georgia may limit an immigration quota.

Article 12. The organization of the control on immigration

In the Republic of Georgia the issues pertaining to immigration are  dealt with and solved by the Ministry of Justice of the Republic of Georgia in accordance with the order established by the Cabinet of Ministers.

For the purpose of preliminary consideration of applications for immigration into the Republic of Georgia and preparing documents the Service of Citizenship and Immigration is being set up the Ministry of Justice of the Republic of Georgia. The immigration policy is implemented with the participation of representatives of the Committee on Refugees and Lodging, the Ministries of Public Health, Internal Affairs and Social security, Labour and Employment, Information-Intelligence Service, Committee on Science and Technology, Institute of Demography and Sociological Studies of the Academy of Sciences of the Republic of Georgia.

The provision on the Service of Citizenship and Immigration is approved by the Cabinet of Ministers of the Republic of Georgia.

Article 13. Assistance in the adaptation of an immigrant

The terms and rules of the adaptation of immigrants in the Republic of Georgia are determined by the Cabinet of Ministers of the Republic of Georgia.

Chapter 4

The order of submitting and considering applications pertaining to Migration issues.

Article 14. The order of submitting applications for immigration

Any capable foreigner of the full legal age has the right to submit an application for immigration into the Republic of Georgia.

An interested person is to submit an application for immigration into the Republic of Georgia to the Ministry of Justice of the Republic of Georgia either directly or through diplomatic or consular representatives of the Republic of Georgia.

The following documents certified by a notary or in other way equal to the notarial one are enclosed with the application for immigration:

In addition to the above mentioned documents the following documents are enclosed:

1. For the persons indicated in point 1 of Article 3 of the present Law:

If the confirmation of the nationality of the parent requires obtaining archival material, the Ministry of Justice shall render an appropriate free assistance to the person applying for immigration.

2. For the persons indicated in point 2 of Article 3 of the present Law:

3. For the persons indicated in point 3 of Article 3 of' the present Law:

4. For the persons indicated in points 4 and 5 of Article 3 of the present Law:

In cases envisaged by points 4 and 5 of Article 3 of the present Law the right to submit an application for immigration into the Republic of Georgia is only given to a person permanently residing in the Republic of Georgia.

5. For the persons indicated in point 6 of Article 3 of the present Law:

If immigrating parents move to the Republic of Georgia along with children of the age 14-18 the written consent to immigration of the latters is required.

If only one parent accompanied by children at the age under 18 moves to the Republic of Georgia, he (she) shall submit a notarially certified application of the parent to the effect that he (she) does not object to living of the children with the immigrating parent; in case of lacking such consent an immigrating parent shall submit a decision of the Court of the relevant state on trusting the children to that parent.

If necessary the Ministry of Justice has the right to demand from a person interested in immigration to submit additional documents.

Article 15. State duty

On submitting an application pertaining to the issue of immigration an applicant is to pay the state duty in the amount and according to the order established by the Cabinet of Ministers of the Republic of Georgia.

Article 16. The terms of consideration of applications pertaining to immigration

The terms of consideration of applications pertaining to immigration and making decisions on them shall not exceed a year.

Article 17. An appeal against a decision on issues of immigration

The decision on refusing a permit to immigrate may be appealed against in court.

Article 18. Repeated consideration of an application petaining to the issues of immigration

An application pertaining to the issues of immigration is repeatedly considered after the expiration of at least one year from the day of making the decision.

Article 19. Immigration statistics

Immigration statistics in the Republic of Georgia is kept by the Ministry of Justice of the Republic of Georgia which submits this data to the Cabinet of Ministers of the Republic of Georgia.

27.07.1993

is amended

Law of Georgia

On introduction of changes to the law of the Republic of Georgia "On Immigration"

The Parliament of Georgia resolves:

I. The following changes to be introduced to the law of the Republic of Georgia "On Immigration" of 27 July 1993 ("Georgian Parliament Gazette", 1993,  N 9, Art. 183):

II. This Law shall enter into force on publishing.

President of Georgia

Eduard Shevardnadze

N 926 – IS

October 16, 1997.

Tbilisi 

Law of Georgia

On introduction of changes and amendments to the Georgian Law "On Immigration"

The Parliament of Georgia resolves:

The following changes and amendments to be introduced to the Georgian law "On Immigration" ("Georgian Parliament Gazette", 1993,  N 9, Art. 183):

To Article 5, paragraph 3 to be added the words "and fill out the migrant's card";

In Article 7, paragraph 2 the words "Public Prosecutor's Office" to be replaced by the words "the Ministry of Refugees and Accommodation".

This Law shall enter into force on 1 September 1998.

President of Georgia

Eduard Shevardnadze

No 1484-IIS

June 26, 1998

Tbilisi