Georgia residence permit for spouses of citizens

The permit was added to the law as a separate category for the foreign spouse of a Georgian citizen. It is the step before permanent residence: the law ties the permanent permit to five years spent on the spouse permit with the marriage still in place.

Spouses whose nationality is on the visa-free list can usually file from inside Georgia, because they may stay for up to one year without a visa. Unlike the short-term permit, this permit falls under the rule that the application must reach the Agency at least 40 calendar days before lawful stay ends.

The couple must show monthly income of at least twice the subsistence minimum, or an equivalent bank balance. If the Georgian spouse is of pension age or receives social assistance, proof of the pension or assistance is accepted.

The agency lists a single option for this permit: GEL 500 with a decision on the 90th day. Plan the application well before your current lawful stay ends.

Applications for the spouse permit can be examined by an interagency commission made up of representatives of the Ministry of Internal Affairs, the State Security Service and the Agency. It may interview the spouses separately and together, verify information and visit the home. Refusing to attend an interview, refusing an inspection or otherwise not cooperating is in itself a ground for refusing the permit.

If the commission finds grounds to suspect a sham marriage, it passes the file to the investigative authorities and the prosecution service, and the application is put on hold while the investigation runs. A residence permit obtained through a fraudulent marriage can later be terminated.

A foreigner married to a Georgian citizen who has lived lawfully in Georgia for the last five years may apply for citizenship under the simplified procedure, after passing the test on Georgian language, history and basic law. Fees start at GEL 65 for an 80-day decision.

The first permit runs for one year and can then be extended by two years at a time, for no more than five years in total. At the end of the five years, if the marriage continues, the spouse can apply for a permanent residence permit (GEL 500 for 30 days, GEL 650 for 20 days).

The Public Service Development Agency only issues residence permits to foreigners staying lawfully in Georgia, and an asylum seeker does not count as lawfully staying. A permit is also refused to someone whose only basis for being in Georgia when applying is a deferral of the obligation to leave; such a deferral can be granted once, for up to three months, while an application is pending.

Under Article 18 of the Law on the Legal Status of Aliens, a permit can be refused on security or public-safety grounds, because of certain criminal prosecutions or convictions, for forged or invalid documents, for incorrect or concealed information, or because the conditions of the permit are not met. A permit holder who meets the requirements of another permit type may apply for that type instead.