The story of one residence permit
Today I will tell you an amazing story about why you really need lawyers when getting a residence permit. This is a real story of our client Victor, who is still with us. And we'll start at the beginning.
Foxy, [25 июня 2024 г., 20:11:49]:
...In 2022 Victor, a Russian citizen, came to us with an interesting story. He had an apartment in the prestigious Krtsianisi neighborhood worth more than 100 thousand dollars and a registered sole proprietorship, which had not yet gained the necessary turnover of 50 thousand GEL. He moved to Georgia with his wife and daughter Nastia and was concerned about obtaining a residence permit. At that time Victor had already been denied a residence permit, having applied for real estate.
We were faced with a dilemma: appeal the denial or try to go through the residence permit for Nastia and then reunite the family. We don't like student residence permits, as they don't count towards the 10-year period required for permanent residency. But we had no other options because Victor's sole proprietorship had not yet reached the required turnover.
We decided that there was no point in appealing against the refusal, and went for a student residence permit for Nastia. The first student residence permit was obtained for one year. After that we applied for a residence permit in the order of family reunification for parents. Victor's wife was granted a residence permit, but Victor himself was refused again. It was unexpected and we decided to go to court.
Victor was sure that there were no grounds for refusal. He was ready to prove it in court and fight for his residence permit. We filed a lawsuit, and the process dragged on. The security service probably requested additional documents, but in the end, the court ruled in favor of our client. The refusal was recognized as invalid, and Victor received his residence permit.
Meanwhile, Nastia's one-year residence permit expired and we went to renew her student residence permit. This time she was extended for seven years. When Victor's one-year residence permit came to an end, we were again faced with a choice. His sole proprietorship had reached the required turnover, and we had three options:
1. To obtain a residence permit by way of family reunification with his daughter, which would give a chance to obtain a residence permit for seven years, but would not count towards a permanent residence permit.
2. to apply for a residence permit through an IE, which would give a new residence permit for a year with the possibility of renewal for a longer period.
3. Apply for a residence permit through real estate, which was denied the first time, but after a judicial procedure should be approved.
Each of these options has its pros and cons, and we had to consider all the nuances. It's important to understand how each decision can affect long-term goals. Especially considering that this summer Victor is thinking of transferring Nastya from an accredited Georgian school to another educational institution that is not state accredited. In this case, Nastya will lose her student residence permit as soon as the information about the termination of the contract with the state school reaches the civil registry from the Ministry of Education. And, accordingly, both the child's student residence permit and all other residence permits that were obtained in the order of family reunification will be canceled.
So, in fact, Victor now has only this choice: either to go through the residence permit for real estate, or to go through the residence permit for individual entrepreneurship and then join Nastya to his residence permit.
That's the kind of multi-tracks that happen. Here, of course, you need to consider everything - the validity of these or those grounds, and how they will affect the long-term goals of the foreigner's stay in Georgia. This is just one of the many interesting cases we face.
And even if you think your case is very obvious, consulting a professional lawyer can open up completely new sides and options, not to mention that even the most trivial case can be botched because of a misplaced comma....
...In 2022 Victor, a Russian citizen, came to us with an interesting story. He had an apartment in the prestigious Krtsianisi neighborhood worth more than 100 thousand dollars and a registered sole proprietorship, which had not yet gained the necessary turnover of 50 thousand GEL. He moved to Georgia with his wife and daughter Nastia and was concerned about obtaining a residence permit. At that time Victor had already been denied a residence permit, having applied for real estate.
We were faced with a dilemma: appeal the denial or try to go through the residence permit for Nastia and then reunite the family. We don't like student residence permits, as they don't count towards the 10-year period required for permanent residency. But we had no other options because Victor's sole proprietorship had not yet reached the required turnover.
We decided that there was no point in appealing against the refusal, and went for a student residence permit for Nastia. The first student residence permit was obtained for one year. After that we applied for a residence permit in the order of family reunification for parents. Victor's wife was granted a residence permit, but Victor himself was refused again. It was unexpected and we decided to go to court.
Victor was sure that there were no grounds for refusal. He was ready to prove it in court and fight for his residence permit. We filed a lawsuit, and the process dragged on. The security service probably requested additional documents, but in the end, the court ruled in favor of our client. The refusal was recognized as invalid, and Victor received his residence permit.
Meanwhile, Nastia's one-year residence permit expired and we went to renew her student residence permit. This time she was extended for seven years. When Victor's one-year residence permit came to an end, we were again faced with a choice. His sole proprietorship had reached the required turnover, and we had three options:
1. To obtain a residence permit by way of family reunification with his daughter, which would give a chance to obtain a residence permit for seven years, but would not count towards a permanent residence permit.
2. to apply for a residence permit through an IE, which would give a new residence permit for a year with the possibility of renewal for a longer period.
3. Apply for a residence permit through real estate, which was denied the first time, but after a judicial procedure should be approved.
Each of these options has its pros and cons, and we had to consider all the nuances. It's important to understand how each decision can affect long-term goals. Especially considering that this summer Victor is thinking of transferring Nastya from an accredited Georgian school to another educational institution that is not state accredited. In this case, Nastya will lose her student residence permit as soon as the information about the termination of the contract with the state school reaches the civil registry from the Ministry of Education. And, accordingly, both the child's student residence permit and all other residence permits that were obtained in the order of family reunification will be canceled.
So, in fact, Victor now has only this choice: either to go through the residence permit for real estate, or to go through the residence permit for individual entrepreneurship and then join Nastya to his residence permit.
That's the kind of multi-tracks that happen. Here, of course, you need to consider everything - the validity of these or those grounds, and how they will affect the long-term goals of the foreigner's stay in Georgia. This is just one of the many interesting cases we face.
And even if you think your case is very obvious, consulting a professional lawyer can open up completely new sides and options, not to mention that even the most trivial case can be botched because of a misplaced comma....