劳务移民立法的变化及其对希望在格鲁吉亚开展经济活动的移民的影响

With the legislative amendments adopted by the Parliament of Georgia on 12 June[1] 2025 年和 6 月 26 日[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, 以及该领域的监管.

A substantial part of these amendments will enter into force on 1 March 2026. 因此, it is important that both foreign nationals who intend to be employed in Georgia and/or engage in other economic activities, 以及当地雇主, 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, 将于2026年3月1日生效.

具体来说, 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, 劳动, 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. 具体来说, 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, 只有 42,000 劳工移民已登记[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.

因此, 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) 或在格鲁吉亚的创业活动. 从2026年3月1日开始, 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

和

2.      A labor residence permit, D1类移民签证, 和/或任何其他类型的居留许可[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, 也适用于进行有偿活动的个人 (经济的) 服务合同或任何其他形式下的活动, as well as to self-employed persons (个体企业家) engaged in entrepreneurial activities. 依法, 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, 伙伴, 独立承包商, 或以任何其他身份, with the aim of generating[6] financial gain.

因此, the right to engage in labor activity now encompasses all economic activities (包括创业活动) carried out by an individual for remuneration and is not limited solely to activities arising from labor relations.

 

获得从事劳动活动权利的程序

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. 在这种情况下, 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.

现阶段, the procedures for receiving applications, 服务费, 时间范围, and other administrative details still need to be regulated by a Government Decree of Georgia. 然而, 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].

在现有框架下, there are no substantive criteria that would prevent the registration of a foreign national as a labor migrant. 然而, with respect to the right to engage in labor activity, 审查机关可以, 在某些情况下, 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. 具体来说, 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. 而且, 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:

1. 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].

一名劳务移民, after obtaining the right to engage in labor activity, 有义务:

一个) 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;

乙) 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.

 

法律的追溯效力和例外情况

该法律于 2026 年 3 月 1 日生效, 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. 然而, 该法律包括一项过渡性条款. 具体来说, a labor migrant who is registered in the Unified Database of the Ministry of Internally Displaced Persons from the Occupied Territories, 劳动, 格鲁吉亚的健康和社会保障 (劳工移民.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, 不迟于2027年1月1日[11].

本法的范围, and therefore the obligation to obtain the right to engage in labor activity, does not apply to a person who:

一个) Is a refugee, 获得辅助保护的人, or temporary protection under Georgian law;
乙) Is registered in Georgia as an asylum seeker;

 

c) Works at an accredited diplomatic mission in Georgia, 外国领事馆, a legal representation of an international organization, 和/或其身体;
d) Is a journalist accredited in Georgia by a foreign mass media outlet operating in Georgia on a legal basis;
e) 是格鲁吉亚国际条约适用的人, providing rules for labor placement different from those established by this law;
f) 持有有效的投资居留许可[12].

 

关于居留许可的修改

从2026年3月1日开始, the market value of real estate (不包括农业用地) required for a foreign national to obtain a short-term residence permit or a D5 category visa will increase from USD 100,000 至 150 美元,000. 此外, 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 (它) 部门, 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 (它) 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, 以及他们的家人. 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 凝胶中[14].

This residence permit is already in effect and has been in force since 1 September 2025.

 

制裁和责任

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, 将会被罚款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, 并且在某些情况下, a subsequent violation following a repeated offense will result in a fine triple the doubled amount—meaning the maximum sanction can reach 12,000 凝胶.

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 和 2 年入境禁令.
• Staying in Georgia for more than 1 year beyond the expiration of the legal stay will result in a fine of 3,000 GEL 和 3 年入境禁令[15].