How can an entrepreneur acquire a business residence permit in Georgia?

Once the income derived from entrepreneurial activities in Georgia reaches 50,000 GEL, individual entrepreneurs become eligible to apply for business residency. This threshold must be achieved within the preceding 12 months, distinct from the calendar year. In the event that the turnover (income from selling goods, providing services, or performing works) attains the specified amount within a shorter period, such as four months, there is no requirement to delay; applicants can promptly submit their residence permit applications. Income verification is substantiated through a bank statement or documents issued by the Revenue Service.

In the event that an individual entrepreneur engages foreign employees, a turnover of 50,000 GEL must be achieved for each employed foreign citizen, including the entrepreneur. Under these circumstances, both the entrepreneur and the employed foreign individuals are eligible to apply for a residence permit. This basis for residency is established through employment in a Georgian company.

While the law does not specify a duration for earning income and staying in the country when applying for a residence permit, it is crucial for the legislator to verify the individual’s intention to reside permanently or regularly within the country.

To obtain a residence permit, one must apply to the State Services Development Agency (hereinafter referred to as the 'agency') and submit the following documents:

• Passport
• Evidence of income, in the form of a bank statement or a certificate from the Revenue Service:
• A statement extracted from a personal Georgian bank account verifying the presence of funds for living in Georgia (the specified amount may vary, but as of the publication date in December 2023, the minimum reference amount is 13,656 GEL).
• Photo
• A certificate indicating the count of employed foreigners
• Evidence of payment for service fees

To expedite the application review process, an additional fee can be paid as follows: 30 days - 300 GEL, 20 days - 450 GEL, 10 days - 600 GEL.

The application for a residence permit with the agency is mandatory no later than 40 calendar days before the expiration of the legally permitted stay in Georgia. This rule applies similarly to the extension of the residence permit, with certain exceptions. Noteworthy nuances pertain to legal stay, encompassing periods without a visa, with a visa, or under residence. Specifically, if the residence permit period concludes before the visa-free stay period, the legal stay duration is governed by the visa-free regime.

Upon receiving a positive decision to grant temporary residence rights in Georgia, the applicant is required to submit an application to the agency for an identity card, also known as a residence card. The application should be accompanied by a registration permit at the address of the real estate owner in Georgia if the applicant does not own real estate. The residence card is issued within the tenth working day, incurring a cost of 60 GEL (with an option to expedite the process through an additional fee), marking the conclusion of the application process.

The initial residence permit is issued for a period of 6 months to 1 year, in the future, if there is a reason, it can be extended for a much longer period: in our practice, the maximum period is 11 years!

Unlike the initial application, during the extension process, the applicant is not required to be present in the territory of Georgia. They can submit the application remotely or appoint a representative through power of attorney.

The reasons for denying the issuance of a residence permit are outlined in Article 18 of the Law of Georgia titled 'On the Legal Status of Foreigners and Stateless Persons.' Numerous grounds exist, with a commonly cited rationale being 'the existence of a conclusion from the authorized body that residing in Georgia is deemed inappropriate for safeguarding the interests of the state and/or public security.

The conclusion of the authorized body, specifically the security service, is classified as a 'secret' document. Even in the event of a judicial appeal against the denial of the residence permit, only the judge is granted the right to review the decision, with lawyers being denied access. To avoid hastening to a negative conclusion, thorough preparation, considering all potential nuances, is advisable.

The decision of the Agency to refuse a residence permit can be appealed in court within one month. The applicant may attempt to reapply for a residence permit, including on different grounds, but not earlier than one month from the date of the decision

While it is possible to apply for and obtain a residence permit independently, there may be gaps. To conserve resources, seeking assistance from lawyers with established expertise and a personalized approach is justified.

The immigration lawyers at JUST Advisors provide comprehensive guidance to their clients throughout the process of obtaining a residence permit. They analyze individual situations, offer advice on the required grounds and documentation, meticulously organize the submission 'case' for obtaining a residence permit within just three working days, and oversee the entire process from application submission to the acquisition of the residence certificate, inclusive of power of attorney services.