Thursday, March 4, 2021

Initiated Changes Regarding The Residence Permit Procedures

 On March 1, the Legal Affairs Committee of the Parliament of Georgia within the first hearing discussed the draft law of Georgia on Amending the Law of Georgia on the Legal Status of Aliens and Stateless Persons, submitted by the Member of Parliament of Georgia Mikheil Sarjveladze through a legislative initiative.

The legislative initiative mainly determines that:
 The circle of persons applying for a residence permit on the basis of family reunification will be narrowed and be limited only to the spouse, minor child, and minor parent of a foreigner or stateless person with status in Georgia;
 After living in Georgia for 6 years, if there are grounds for obtaining a permanent residence permit, the foreigner will be able to extend the temporary residence permit for up to 12 years;
 Only an investment residence permit, a special residence permit, and a temporary residence permit can be obtained on the basis of an ordinary category C visa.
 It is reasonable to establish by law that if necessary, to participate in the hearing of the case a foreigner must apply to the agency with the relevant request 14 calendar days before the expiration of his / her legal stay in Georgia. Furthermore, postponement of the obligation to leave Georgia with the basis of ongoing proceedings regarding obtaining a residence permit and granting Georgian citizenship, this issue will be considered by the agency and the obligation of a foreigner to leave Georgia will be postponed for a period of relevant administrative proceedings;
 It is considered reasonable that the presence of a foreigner with a country visa and/or residence permit defined by the Resolution N255 of 05 June 2015 of the Government of Georgia would not be considered sufficient for the purposes of labor residence permit, study residence permit, family reunification residence permit, residence permit of a former citizen of Georgia, residence permit hold by a person without citizenship, for the purposes of issuing permanent residence permit and short-term residence permit, other than an investment residence permit, the special residence permit and temporary residence permit provided under Article 15 (i) of the Law;
 It is considered reasonable that for the asylum seeker the right to obtain a residence permit will arise after the decision on international protection: In case of a positive decision, the refugee or a person with humanitarian status will receive a residence permit in Georgia, in the event of a refusal of international protection, this person, like any other alien, Will have the right to apply to the Agency for a residence permit in Georgia in accordance with the general rules established by law.
 It is considered reasonable to make amendments to the law and subordinate legal acts to enable the Agency to monitor and verify the authenticity of the facts/documents submitted by the alien during discussing the issue on issuing a residence permit and also for one year after making the positive decision on issuing the residence permit.
 Any type of criminal offense falls into the category of actions that in case of committing which, the right of a foreigner to live in Georgia will be restricted. If a criminal offense is committed by an alien in Georgia it grounds for termination of legal stay in country.

Ani Mukhigulashvili

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