Residence permit and permanent residence through marriage to a Georgian citizen: what is changing and why a sham marriage is dangerous

These changes matter not only for foreigners who are already married to Georgian citizens, but also for those who are planning to marry and obtain migration status on that basis.

Under the current wording of the Law of Georgia "On the Legal Status of Aliens and Stateless Persons", permanent residence is granted to the spouse of a Georgian citizen, to a minor child of a Georgian citizen and to the parent of a minor Georgian citizen. The same provision separately allows permanent residence to be obtained by a foreigner who has lived in Georgia for the last 10 years on the basis of a temporary residence permit; periods of residence for the purpose of study or medical treatment are not counted.
 
In other words, until 1 September 2026 marriage was a direct ground for the spouse of a Georgian citizen to obtain permanent residence.
 
Permanent residence provides more than a stable migration status. It also removes its holder from the "labour immigrant" category: foreigners with permanent residence may work in Georgia without obtaining a work authorisation and, for the purposes of labour migration legislation, are treated on a par with Georgian citizens.
 
At the same time, marriage is not always an unconditional ground for permanent residence. Even now the Agency refuses permanent residence where grounds set out in Article 18 of the Law "On the Legal Status of Aliens and Stateless Persons" are identified. In practice this may also cover situations where the State Security Service sees indications that the marriage is a sham. At present there is no separate stand-alone ground of "sham marriage" for refusing permanent residence, but such risks may be assessed through the general grounds under Article 18.

The amendments change the legalisation route through marriage itself. From 1 September 2026 it will consist of two stages: first the spouse of a Georgian citizen obtains a special temporary residence permit, and then, after 5 years of residence on that basis and provided the marriage continues, may apply for permanent residence.

Stage 1: residence permit for the spouse of a Georgian citizen 
The residence permit for the spouse of a Georgian citizen is a new type of residence permit. It will be issued to the spouse of a Georgian citizen for 1 year. It may then be extended each time for a further 1 year, but the total duration of this regime must not exceed 5 years.

The processing time for a spousal residence permit application will differ from the general time limit. Instead of the standard 30 days, the application will be reviewed within 90 calendar days from the date the complete set of documents is submitted to the Agency. The procedure becomes longer because it will include verification of the genuineness of the family relationship.

Marriage verification when applying for a spousal residence permit 

For the review of spousal residence permit applications, the draft law provides for the creation of an interagency commission. It is to include representatives of the Ministry of Internal Affairs of Georgia, the State Security Service of Georgia and the Agency.

The commission will be empowered to verify the genuineness of the family relationship and the purpose of forming the family. To that end it will be able to:

•        interview the spouses together or separately;
•        require explanations;
•        request evidence and documents;
•        require attendance before the commission;
•        verify the information stated in the documents by visiting the place of residence;
•        inspect the place of residence;
•        question relevant persons.

If the commission concludes that there are sufficient grounds to suspect that the marriage is a sham, the materials must be forwarded to the investigative authority at the foreigner’s actual place of residence, with a copy to the Prosecutor’s Office of Georgia. If an investigation is opened, the review period for the residence permit application is suspended until criminal prosecution begins or the investigation is terminated.

The draft law also expressly sets out the consequences of refusing to cooperate. Failure to comply with the commission’s requirements, refusal to appear, refusal to allow inspection of the place of residence or any other refusal to cooperate is a ground for refusing to issue the spousal residence permit.

For that reason, when applying for a spousal residence permit you must be ready not only to submit documents but also to take part in the verification procedure. Even where the marriage is genuine, refusing verification may in itself create a migration risk.

What evidence can confirm that the marriage is genuine 

The draft law refers to "all possible evidence/documents" confirming the genuineness of the family relationship. This means the list of evidence is not exhaustive.

In practice, spouses should prepare in advance documents and information showing real family life:

•        marriage certificate;
•        documents on cohabitation;
•        lease agreement or property documents;
•        confirmation of shared expenses;
•        documents concerning children, if any;
•        evidence of joint travel;
•        photographs, correspondence, family materials — as supporting evidence;
•        information about relatives, daily life and shared plans;
•        explanations from the spouses.

What matters is not the number of documents in itself, but their consistency and their connection to real family life.

Stage 2: permanent residence after 5 years of residence on a spousal residence permit 

Under the draft law, a permanent residence permit will be issued to the spouse of a Georgian citizen only if he or she has lived in Georgia for the last 5 years on the basis of a residence permit for the spouse of a Georgian citizen.

The procedure for obtaining permanent residence remains an administrative one through the Agency. The applicant will need to confirm that they meet the ground for permanent residence: that they are in a registered marriage with a Georgian citizen, that they have lived in Georgia for the last 5 years specifically on the basis of a spousal residence permit, and that the marriage subsists at the time of application.

An application for permanent residence based on marriage will normally require an application form, the foreigner’s passport, a document confirming lawful stay, the marriage certificate, a document confirming the citizenship of the Georgian spouse, a photograph, a receipt for payment of the state fee and, where necessary, documents with translation and proper certification. The exact list of documents is determined by the secondary legislation in force and by the Agency’s practice at the time of filing.

The processing time for a permanent residence application remains the general one — up to 30 days from the date the complete set of documents is submitted, unless a special provision sets a different period.

For couples already married to a Georgian citizen and planning to file, the filing date is decisive. If the permanent residence application is filed before 1 September 2026, it is filed as a permanent residence application under the current procedure. If the application is filed after 1 September 2026, the spouse of a Georgian citizen will have to follow the new model: first obtain a spousal residence permit, and then apply for permanent residence after 5 years of residence on that basis.

What a sham marriage is 
The draft new Article 344³ of the Criminal Code of Georgia defines a sham marriage as the registration of a marriage between a Georgian citizen and a foreigner, or remaining in such a registered marriage, where the purpose of the marriage is for the foreigner to obtain Georgian citizenship, a residence permit in Georgia or another legal ground for lawful stay, and the purpose of the marriage is not the creation of a family.

Two criteria for classifying a marriage as a sham follow from this definition:

• a migration purpose: obtaining citizenship, a residence permit or another ground for lawful stay;
• the absence of a family purpose: the marriage is entered into or maintained other than to create a family.

Marriage to a foreigner is not in itself a violation. Applying for a residence permit through marriage is likewise not a violation. The risk arises where the marriage is used as a formal instrument for obtaining migration status, without any genuine intention to create a family.

What indicators may point to a sham marriage 
The draft law does not establish an exhaustive list of indicators of a sham marriage. Each case must therefore be assessed individually and on the totality of the circumstances.

In practice, the following may be relevant to the verification:
•        whether the spouses live together;
•        whether they run a common household;
•        whether they know essential circumstances of each other’s lives;
•        whether their explanations match;
•        whether there are documents confirming cohabitation;
•        whether there are shared expenses, trips and family ties;
•        how long before the residence permit application the marriage was entered into;
•        whether there are indications of payment, brokering or an arrangement for a formal marriage;
•        whether the spouses avoid the interview or the verification.

The explanatory materials emphasise that the legislator regards sham marriages as a form of abuse of migration rules, and that in international practice such marriages may be linked to illegal migration, migration fraud and organised schemes.

Migration consequences of a sham marriage 
A sham marriage may entail several levels of consequences:
•        refusal to issue a spousal residence permit;
•        refusal to extend the residence permit;
•        inability to move on to permanent residence;
•        referral of the materials to the investigative authorities;
•        in the absence of another lawful ground — the risk of expulsion;
•        a negative effect on future migration applications.

The current law already provides for termination of the period of stay where a foreigner has entered into a sham marriage in order to obtain a residence permit. After the amendments this area becomes more formalised: a commission appears, together with a separate duty to cooperate, referral of materials to investigative authorities and a criminal offence.

Criminal liability for a sham marriage 
A new Article 344³ is being added to the Criminal Code. It establishes liability for a sham marriage and/or remaining in such a marriage for the purpose of obtaining Georgian citizenship, a residence permit or another legal ground for lawful stay in Georgia.

The sanction under the draft includes alternative types of punishment:
•        expulsion of the foreigner from Georgia and an entry ban of 2 to 10 years;
•        a fine;
•        house arrest of 1 to 2 years;
•        imprisonment of up to 2 years.

Criminal liability is envisaged both for the foreigner and for the Georgian citizen involved in the sham marriage.

In addition, amendments to the Civil Code link a criminal conviction to the civil-law fate of the marriage. If a guilty verdict under Article 344³ of the Criminal Code of Georgia enters into force, the territorial service of the Agency will be able to declare the sham marriage between the Georgian citizen and the foreigner invalid no later than 3 working days from the date it receives a copy of the judgment.

Before applying for a residence permit or permanent residence through marriage to a Georgian citizen, check:
1.      Whether the marriage is duly registered.
2.      Whether the foreigner has a lawful ground of stay in Georgia.
3.      Which status is being claimed: permanent residence under the current procedure, or a spousal residence permit once the amendments take effect.
4.      Whether there are enough documents confirming the reality of family life.
5.      Whether the spouses’ accounts of their place of residence, daily life, family, income and plans match.
6.      Whether there are any grounds for refusal under Article 18 of the Law "On the Legal Status of Aliens and Stateless Persons".
7.      Whether the spouses are ready for an interview, an address check and the provision of explanations.
8.      Whether the foreigner needs the right to work and whether obtaining permanent residence matters for leaving the labour migration regime.
9.      Whether any deadlines for filing or extending the status have been missed.
10.  Whether there is a risk that the new rules from 1 September 2026 will apply.