With the legislative amendments adopted by the Parliament
of Georgia on 12 June[1] 2025 and 26 June[2] 2025 to the
Law of Georgia “On the Legal Status of Aliens and Stateless Persons” and the
Law of Georgia “On Labor Migration,” a fundamentally new regulatory framework
has been established in the areas of the legal status of foreign migrants, the
control of economic migration, and the regulation of this field.
A substantial part of these amendments will enter
into force on 1 March 2026. Accordingly, it is important that both foreign
nationals who intend to be employed in Georgia and/or engage in other economic
activities, as well as local employers, are properly informed about the new
legal framework.
The Institution of the Right
to Engage in Labor Activity
The most significant aspect of the legislative
amendments is the introduction of the institution of the right to engage in
labor activity, which will take effect on 1 March 2026.
באופן ספציפי, under the current version of the
law, a foreign national who is lawfully present in Georgia has the right to be
employed by a local employer and to carry out paid labor activities. The only
existing regulation in this area is the registration of a labor migrant by the
local employer in the Unified Database of the Ministry of Internally Displaced
Persons from the Occupied Territories, Labor, Health and Social Protection of
Georgia.
As described in the explanatory note to the
legislative package registered in the Parliament of Georgia, although the
introduction of the registration requirement significantly improved[3] the
situation compared to the period before its implementation (prior to 1
September 2023), practice has shown that a substantial portion of labor
relations involving foreign migrants remained beyond the scope of state
regulation and effective oversight. באופן ספציפי, based on border-crossing
data, 239,334 foreign nationals entered Georgia in 2022–2023 and stayed in the
country for at least 6 months plus 1 day, while according to the statistics
available in the Ministry’s system, only 42,000 labor migrants were registered[4]. This discrepancy created the need to introduce a more effective
mechanism for regulating labor migration, which would enable the state to
manage migration flows more efficiently and obtain accurate information about
the needs of the labor market.
As a result, the legislative amendments
introduced the obligation for a foreign national to obtain the right to engage
in labor activities if they wish to carry out labor (including any paid
activity) or entrepreneurial activities in Georgia. Starting from 1 March 2026,
only a foreign national who holds the following will have the right to engage
in labor or entrepreneurial activities in Georgia:
1. The right to
engage in labor activity in Geogria
And
2.
A labor residence
permit, a D1 category immigration visa, and/or any other type of residence permit[5]
defined under Georgian legislation has been issued in accordance with Georgian
law.
It should also be noted that the obligation to
obtain the right to engage in labor activity will apply not only to individuals
employed under a labor contract, but also to individuals carrying out paid
(כַּלְכָּלִי) activities under a service contract or any other form, as well as to
self-employed persons (individual entrepreneurs) engaged in entrepreneurial
activities. According to the law, a self-employed person is considered a
foreign national who does not have a permanent residence permit in Georgia and
who participates in entrepreneurial or labor activities in Georgia as a service
provider, partner, independent contractor, or in any other capacity, with the
aim of generating[6] financial
gain.
Thus, the right to engage in labor activity now
encompasses all economic activities (including entrepreneurial activities)
carried out by an individual for remuneration and is not limited solely to activities
arising from labor relations.
Procedure for Obtaining the Right to Engage in Labor Activity
A labor migrant who is engaged in an employment
relationship with a local employer will obtain the right to engage in labor
activity through the employer. במקרים כאלו, the employer is responsible for
submitting the required documentation to the relevant authorities, justifying
the necessity of employing the labor migrant, and ensuring compliance with the
prerequisites established by law. In the case of
a self-employed foreign national, the individual themselves is responsible for
collecting and submitting the documentation necessary to obtain the right to
engage in labor activity.
At this stage, the procedures for receiving
applications, service fees, timeframes, and other administrative details still
need to be regulated by a Government Decree of Georgia. למרות זאת, the law
stipulates that the overall timeframe for reviewing an application for the
issuance of the right to engage in labor activity must not exceed,[7] 30 calendar
days. The service fee for issuing the right to engage in labor activity to a
labor migrant— including cases of issuance under an expedited administrative
procedure— must not exceed 500 GEL[8].
Under the current framework, there are no
substantive criteria that would prevent the registration of a foreign national
as a labor migrant. למרות זאת, with respect to the right to engage in labor
activity, the reviewing authority may, in certain cases, refuse to issue the
permit if it determines that the relevant sector does not require foreign labor
and such a decision is based on the needs of the labor market. These
intervention and control mechanisms serve the very objectives outlined in the
explanatory note. באופן ספציפי, the amendments proposed by the draft law will
enable the relevant state agencies to systematically collect and analyze
statistical data related to the labor market, which will form the basis for
developing targeted and flexible labor policies. יתר על כך,
studying the dynamics of labor supply and demand across different sectors of
the economy will support the development of targeted policies and allow the
state to act proactively, while safeguarding the interests of the domestic
labor market[9].
It should also be noted that the right to engage in labor
activity is not general and is issued as follows:
- In the case of a migrant engaged in an employment relationship with a local employer – specifically in relation to that employer.
2.
In the case of a self-employed person –
specifically in relation to a defined field of activity[10].
A labor migrant, after obtaining the right to
engage in labor activity, is obligated to:
a) If not yet present in the territory of
Georgia – apply to the competent authority for a D1 category immigration
visa in accordance with Georgian legislation no later than 30 calendar days
after obtaining the right to engage in labor activity;
b) If already present in the territory of
Georgia – apply to the competent authority for a labor residence permit or
an IT-specialist residence permit in accordance with Georgian legislation no
later than 10 calendar days after obtaining the right to engage in labor
activity.
A labor migrant is not required to fulfill these
obligations if they already possess any type of residence permit defined by
Georgian legislation or if they carry out their labor activity fully remotely
and such activity does not require their entry into the territory of Georgia.
Retroactive Effect of the Law and Exceptions
The law enters into force on 1 March 2026, and
from that date, foreign nationals wishing to engage in relevant labor or
entrepreneurial activities in Georgia will be required to obtain the right to
engage in labor activity. למרות זאת, the law includes a transitional provision.
באופן ספציפי, a labor migrant who is registered in the Unified Database of the
Ministry of Internally Displaced Persons from the Occupied Territories, Labor,
Health and Social Protection of Georgia (Labourmigration.moh.gov.ge) and who
has an active registration status as of 1 March 2026 must obtain the right to
engage in labor activity and the corresponding residence permit, in accordance
with Georgian legislation, no later than 1 January 2027[11].
The scope of this law, and therefore the
obligation to obtain the right to engage in labor activity, does not apply to a
person who:
a) Is a
refugee, a person granted subsidiary protection, or temporary protection under
Georgian law;
b) Is registered in Georgia as an
asylum seeker;
c) Works at
an accredited diplomatic mission in Georgia, a foreign consular post, a legal
representation of an international organization, and/or its body;
d) Is a journalist accredited in Georgia by a foreign mass media outlet
operating in Georgia on a legal basis;
e) Is a person to whom an international treaty of Georgia applies,
providing rules for labor placement different from those established by this
law;
f) Holds a valid investment residence permit[12].
Amendments Regarding Residence Permits
Starting from 1 March 2026, the market value of
real estate (excluding agricultural land plots) required for a foreign national
to obtain a short-term residence permit or a D5 category visa will increase
from USD 100,000 to USD 150,000. בנוסף,
it is important to note that the law introduces a completely new type of
residence permit: a temporary residence permit for individuals employed in the
information technology (IT) sector, which will be issued for the first time for
a period of three years[13].
The temporary residence permit for individuals
employed in the information technology (IT) sector is issued to a foreign
national who is registered in Georgia as a self-employed individual with small
business status and engages in activities in the IT sector as defined by a
Government of Georgia decree, as well as to their family members. It is also
issued to the head or authorized representative of an international company
operating in the IT sector and their family members. In order to obtain this
permit, the individual must provide documentation confirming at least two years
of professional experience in the IT field, and their annual income must be no
less than the equivalent of USD 25,000 in GEL[14].
This residence permit is already in effect and has been in force since 1
September 2025.
Sanctions and Liability
Alongside the legislative framework reforms and
the strengthening of state regulation, sanctions and liability have been
significantly increased for violations of the requirements of the Law of
Georgia “On Labor Migration” and the Law of Georgia “On the Legal Status of
Aliens and Stateless Persons.”
Engaging in labor activity without the right to
do so by a self-employed foreign national, or by a foreign national employed by
a local employer without the right to engage in labor activity, or performing
any activity without the right to engage in labor activity for which the labor
migrant receives remuneration, will result in a fine of 2,000 GEL for the
self-employed individual or the local employer (applied individually for each
labor migrant). Repeat violations will result in a fine double the original
amount, and in some cases, a subsequent violation following a repeated offense
will result in a fine triple the doubled amount—meaning the maximum sanction
can reach 12,000 GEL.
Regarding violations of the legal stay period in
Georgia:
- A foreign national or stateless person staying in Georgia up to 3 months beyond the expiration of their legal stay will be fined 1,000 GEL and banned from entering Georgia for 6 months.
- The same violation for a period of up to 1 year will result in a fine of 2,000 GEL and a 2-year entry ban.
- Staying in Georgia for more than 1 year beyond the expiration of the legal stay will result in a fine of 3,000 GEL and a 3-year entry ban[15].
[3] For comparison, from 2015 (when the Law of Georgia “On Labor Migration” came into effect) until 2023 (prior to the entry into force of the amendments), over the course of 8 years, the Ministry received information on the employment of only 3,800 foreign nationals. In contrast, from 1 September 2023 (following the entry into force of the amendments), more than 42,000 labor migrants were registered in the Ministry’s special electronic labor migration system within a year and a half (as noted in the explanatory note).
[5] Article131 of the Law of Georgia “On Labor Migration”
[6] Subparagraph g2 of Article 3 of The Law of Georgia “On Labor Migration”
[7] Paragraph 6 of Article 134 of the Law of Georgia “On Labor Migration.”
[8] Paragraph 6 of Article 134 of the Law of Georgia “On Labor Migration.”
[9] Paragraph 6 of Article 134 of the Law of Georgia “On Labor Migration.”
[10] Paragraph 6 of Article 134 of the Law of Georgia “On Labor Migration.”
[11] Paragraph 6 of Article 134 of the Law of Georgia “On Labor Migration.”
[12] Paragraph 6 of Article 134 of the Law of Georgia “On Labor Migration.”
[13] Subparagraph “t” of Paragraph 1 of Article 16 of the Law of Georgia “On the Legal Status of Aliens and Stateless Persons.”
[14] Subparagraph “m” of Article 15 of the Law of Georgia “On the Legal Status of Aliens and Stateless Persons.
[15] Article 191 of the Code of Administrative Offenses of Georgia.
