I. About This Article
Permanent residency in Georgia gives a foreign national the right to reside permanently in the country where one of the legal grounds established by law exists. The official legal category under Georgian legislation is a permanent residence permit, while the expression “permanent residency” is also commonly used in practice.
A permanent residence permit in Georgia may be granted on several different grounds. It may be available to the minor child of a Georgian citizen, the foreign parent of a minor Georgian citizen, the spouse of a Georgian citizen following the required five-year residence period, and a foreign national who has lived in Georgia during the previous 10 years on the basis of a temporary residence permit.
There are important differences between these routes. For example, the foreign parent of a minor Georgian citizen does not have to demonstrate 10 years of prior residence in Georgia in order to qualify for permanent residence. In the case of the foreign spouse of a Georgian citizen, however, the law specifically requires residence in Georgia during the previous five years on the basis of the special residence permit available to the spouse of a Georgian citizen.
A different rule applies to a foreign national seeking permanent residency in Georgia on the basis of 10 years of temporary residence. Certain periods are excluded when calculating those 10 years, including periods of residence in Georgia for study or medical treatment and periods of employment at diplomatic missions and equivalent representations.
The legal grounds for permanent residence are established by the Law of Georgia on the Legal Status of Aliens and Stateless Persons, while the application procedure and documentary requirements are regulated by Government of Georgia Decree No. 520.
This article explains who may obtain permanent residency in Georgia, how the five- and 10-year periods are calculated, which documents are required under the different legal grounds, how financial means may be demonstrated, when the application must be filed, and how a permanent residence permit differs from an indefinite residence permit.
II. What Is Permanent Residency in Georgia?
Georgian legislation uses the legal category of a permanent residence permit.
A permanent residence permit in Georgia differs from temporary residence because it is granted with the right of permanent residence.
This means that the law does not establish a six-month, one-year, three-year, or five-year validity period for this permit of the kind applicable to various temporary residence permits.
At the same time, permanent residency in Georgia is not a status automatically available to every foreign national. It may be obtained only where one of the specific legal grounds expressly provided by law exists.
Applications for permanent residence permits are considered by the Public Service Development Agency.
Before filing an application, the applicant must therefore identify the exact statutory ground on which the request for permanent residence is based.
III. Who Can Obtain Permanent Residency in Georgia?
A permanent residence permit in Georgia may be granted to several categories of foreign nationals.
The principal statutory grounds include:
- a minor child of a Georgian citizen;
- a parent of a minor Georgian citizen;
- the spouse of a Georgian citizen who has lived in Georgia during the previous five years on the basis of a residence permit for the spouse of a Georgian citizen;
- a foreign national who has lived in Georgia during the previous 10 years on the basis of a temporary residence permit.
Different documentary requirements apply to each ground.
Accordingly, before applying for permanent residency in Georgia, the first step is to determine which particular statutory category applies to the foreign national.
It is especially important to distinguish between the five-year and 10-year routes. A special five-year regime applies to the spouse of a Georgian citizen, while other foreign nationals relying on long-term temporary residence must satisfy the statutory 10-year requirement.
IV. Permanent Residence Permit for a Minor Child of a Georgian Citizen
A permanent residence permit in Georgia may be granted directly to the minor child of a Georgian citizen.
This route is not dependent on the child having lived in Georgia for five or 10 years beforehand.
The decisive circumstances are that the foreign national is a minor child of a Georgian citizen and that the relevant family relationship is properly established by documentary evidence.
The documents required for a permanent residence permit in this case include, among others:
- an application;
- the foreign national’s travel document;
- a document confirming lawful stay in Georgia;
- a document proving the family relationship with the Georgian citizen;
- evidence of the relevant financial means;
- a photograph;
- proof of payment of the applicable service fee.
Where the applicant is a minor, the application is submitted through the minor’s legal representative.
V. Parental Consent for a Minor Applying for Permanent Residence
Representation and parental consent are also relevant when a minor applies for permanent residency in Georgia.
Under the general rules governing residence permits, where an application concerning a minor is submitted by one parent, the consent of the other parent is not always required.
However, the legislation establishes a special exception where the minor is applying for a residence permit granting the right of permanent residence.
Accordingly, where a minor child of a Georgian citizen applies for a permanent residence permit, the issue of the other parent’s consent must also be taken into account.
If the application is submitted by a third party acting under a power of attorney, the required consent of the parents or legal representative must comply with the form prescribed by law.
The representation arrangements should therefore be reviewed before the permanent residence application is submitted.
VI. Permanent Residence Permit for the Foreign Parent of a Minor Georgian Citizen
A permanent residence permit in Georgia may also be granted to the foreign parent of a minor Georgian citizen.
This is an independent legal ground, and the foreign parent does not have to demonstrate five or 10 years of prior residence in Georgia.
The principal conditions are:
- the child must be a Georgian citizen;
- the child must be a minor;
- the applicant must be the child’s parent;
- parenthood must be established by an appropriate document.
The documentary requirements for the foreign parent of a minor Georgian citizen are regulated under the same general regime applicable to the minor child of a Georgian citizen.
A birth certificate or another legally valid document may be used to prove the parent-child relationship.
VII. Permanent Residency for the Spouse of a Georgian Citizen
A special route applies to the foreign spouse of a Georgian citizen.
A permanent residence permit in Georgia may be granted to the spouse of a Georgian citizen who has lived in Georgia during the previous five years on the basis of the residence permit for the spouse of a Georgian citizen.
Accordingly, simply having been married to a Georgian citizen for five years does not, by itself, fully satisfy this statutory ground.
The law specifically requires residence in Georgia during the previous five years under the special residence permit issued to the spouse of a Georgian citizen.
The marriage must also continue to exist.
Accordingly, this route to permanent residency in Georgia depends both on the continuation of the marriage and on the required five-year history of the specific residence status.
VIII. How Is the Five-Year Period Calculated for the Spouse of a Georgian Citizen?
In the case of the spouse of a Georgian citizen, the law refers to residence in Georgia during the previous five years on the basis of the special residence permit applicable to spouses of Georgian citizens.
For purposes of applying for permanent residency in Georgia, the principal evidence must therefore demonstrate residence during the previous five years specifically under that type of residence permit.
The residence permit for the spouse of a Georgian citizen is initially issued for one year and may subsequently be renewed for periods of two years at a time, for a total period not exceeding five years.
After completion of the five-year period, provided that the marriage continues, the special ground for applying for a permanent residence permit arises.
A foreign spouse should therefore ensure throughout the five-year period that the residence status is renewed in a timely manner.
IX. What Documents Does the Spouse of a Georgian Citizen Need?
To obtain a permanent residence permit in Georgia, the spouse of a Georgian citizen must submit:
- the prescribed application form;
- a copy of the travel document;
- a document proving residence in Georgia during the previous five years on the basis of the residence permit for the spouse of a Georgian citizen;
- a document proving the family relationship with the Georgian citizen;
- evidence of lawful income in Georgia received by the foreign national and/or the Georgian citizen;
- where applicable, evidence of a pension or social assistance;
- a photograph;
- proof of payment of the applicable service fee.
For this route to permanent residency in Georgia, proof of the previous five-year residence history is particularly important.
X. Permanent Residency Based on 10 Years of Residence in Georgia
A foreign national may also obtain a permanent residence permit in Georgia after having lived in Georgia during the previous 10 years on the basis of a temporary residence permit.
This is a separate route from long-term temporary residence to permanent status.
The foreign national must establish the relevant 10-year period.
Importantly, the law refers specifically to residence in Georgia on the basis of a temporary residence permit.
Therefore, merely being physically present in Georgia, tourist stays, or other periods not based on a temporary residence permit do not automatically count toward this specific 10-year route to permanent residency in Georgia.
XI. Which Periods Do Not Count Toward the 10 Years?
Correct calculation of the qualifying period is particularly important under the 10-year route.
The law expressly provides that, for purposes of the 10-year period required for permanent residency in Georgia, the following periods are not counted:
- periods of residence in Georgia for study purposes;
- periods of residence in Georgia for medical treatment;
- periods of employment at diplomatic missions and equivalent representations.
Accordingly, the total calendar period that a foreign national has spent in Georgia may differ from the qualifying 10-year period relevant to permanent residence.
For example, if a foreign national lived in Georgia for several years on the basis of a student residence permit, that period does not count toward this particular 10-year route.
Before filing the application, it is therefore necessary to divide the foreign national’s full residence history into relevant periods and identify those periods excluded by law.
XII. Is Living in Georgia for 10 Years Enough?
No. For the 10-year route to a permanent residence permit in Georgia, physical presence in Georgia alone is not sufficient.
The law connects this route specifically with living in Georgia on the basis of a temporary residence permit.
The foreign national’s exact legal status is therefore relevant throughout the period being counted toward the 10-year requirement.
Periods expressly excluded by law must also be deducted separately.
For this reason, before applying for permanent residency in Georgia, it is important to review the type and validity period of each previous residence permit.
XIII. What Documents Are Required for the 10-Year Route?
A foreign national applying for permanent residency in Georgia on the basis of 10 years of temporary residence must submit:
- the prescribed application form;
- a copy of the travel document;
- a document proving residence in Georgia during the previous 10 years on the basis of temporary residence permits;
- documents proving the relevant lawful income and, where applicable, the family relationship relied upon;
- a photograph;
- proof of payment of the applicable service fee.
The relevant data from temporary residence cards or residence permits may be used to establish the 10-year residence history.
For this route, it is particularly important that the period presented actually satisfies the statutory 10-year criterion.
XIV. How Are Financial Means Demonstrated?
The different routes to permanent residency in Georgia also require evidence of an appropriate financial position.
For the minor child of a Georgian citizen or the foreign parent of a minor Georgian citizen, the following may be used:
- lawful income of the foreign national in Georgia;
- lawful income of the Georgian citizen;
- lawful income of a relevant relative who has residence rights in Georgia.
Under the 10-year route, lawful income received in Georgia by the foreign national or a qualifying relative may also be used, provided that the relevant family relationship is established where necessary.
For the foreign spouse of a Georgian citizen, lawful income received in Georgia by the foreign national and/or the Georgian citizen spouse may be demonstrated.
XV. Can Funds in a Bank Account Be Used?
Yes. For relevant categories of permanent residency in Georgia, the legislation allows money held in the foreign national’s personal bank account to be used as evidence of financial means.
In this case, the amount held in the bank account must not be less than the amount of the state pension.
This financial criterion differs from the rules applicable to certain temporary residence permits, where bank funds are calculated by reference to the requested duration of the permit and a specified multiple of the subsistence minimum of the average consumer.
For a permanent residence permit, the applicable documentary rules use a criterion linked to the amount of the state pension.
The bank document must comply with the formal requirements applicable to residence permit proceedings.
XVI. What if the Georgian Citizen Is a Pensioner or Receives Social Assistance?
For certain family-based routes to permanent residency in Georgia, the legislation specifically allows evidence relating to the Georgian citizen’s pension or social assistance status.
Where the relevant Georgian citizen has reached pension age or receives social assistance, the following may be submitted:
- a document confirming entitlement to a state pension; or
- a document confirming receipt of social assistance.
This rule applies, among other cases, where the foreign spouse of a Georgian citizen applies for a permanent residence permit.
The appropriate financial documentation should therefore be selected according to the particular circumstances of the applicant and the Georgian citizen family member.
XVII. Requirement of Lawful Stay in Georgia
The general residence permit regime is linked to a foreign national’s lawful presence in Georgia.
For a minor child of a Georgian citizen or the foreign parent of a minor Georgian citizen applying for permanent residency in Georgia, the list of required documents expressly includes proof of lawful stay in Georgia.
A permanent residence permit is also not one of the special categories exempt from the general restriction applicable to residence permits sought on the basis of a Category C ordinary visa.
Accordingly, presence in Georgia under a Category C ordinary visa is not regarded as a sufficient legal basis for obtaining a permanent residence permit.
The law also restricts the granting of permanent residence where the foreign national’s stay in Georgia is based on a foreign visa or foreign residence permit under the particular visa-free regime to which the relevant statutory restriction applies.
The applicant’s current immigration basis should therefore be checked in advance.
XVIII. Does the 40-Day Rule Apply?
Yes. The 40-day rule applicable to residence permit applications also applies to permanent residency in Georgia.
A foreign national must apply to the Agency at least 40 calendar days before the expiry of the period of lawful stay in Georgia.
A permanent residence permit is not among the categories exempt from this requirement.
This is especially important where the applicant is approaching completion of the relevant five- or 10-year residence period.
The foreign national should not wait until the final day of the qualifying period and should plan the application so that the 40-day procedural requirement is also satisfied.
XIX. Foreign Documents, Translation and Apostille
Applications for permanent residency in Georgia frequently rely on birth certificates, marriage certificates, or other civil-status documents issued abroad.
A document executed in a foreign language must be submitted to the Agency together with a duly certified Georgian translation.
A document issued in another country may also require legalization or an apostille where applicable, unless a different regime follows from an international agreement.
A passport may be accepted without a Georgian translation where the holder’s personal data are stated in Latin transliteration.
Proper preparation of foreign documents is particularly important for family-based applications because such documents may constitute the principal evidence of parenthood, filiation, or marriage.
XX. How Is the Application Submitted?
To obtain a permanent residence permit in Georgia, a foreign national applies to the Public Service Development Agency.
The application may be submitted personally or through an authorized representative.
The legislation also permits applications and supporting documents to be submitted electronically in accordance with the applicable rules.
Where the applicant is a minor foreign national, the application is submitted by the minor’s legal representative.
All required documents should be submitted with the application from the outset.
During consideration of the permanent residency application, the Agency may request additional documents necessary to establish specific facts or circumstances relevant to the decision.
XXI. How Long Does a Permanent Residence Application Take?
The general processing period for residence permit matters applies to an application for permanent residency in Georgia.
After all required documentation has been submitted, the application must generally be considered within 30 days.
During this period, the Agency verifies whether the relevant legal ground for permanent residence exists.
Depending on the particular category, the review may concern:
- the family relationship with a Georgian citizen;
- the child’s age and Georgian citizenship;
- the spouse’s five-year residence history;
- continuation of the marriage;
- the 10-year temporary residence history;
- periods that should be included in or excluded from the 10-year calculation;
- financial means;
- other circumstances established by law.
XXII. How Long Is a Permanent Residence Permit Valid?
A permanent residence permit in Georgia is granted with the right of permanent residence.
It therefore differs fundamentally from temporary residence permits, which are granted for defined periods and require periodic renewal.
The law provides that both a permanent residence permit and an indefinite residence permit are issued with the right of permanent residence.
This does not mean that a permanent residence permit and an indefinite residence permit are the same legal category. The legal grounds for obtaining them are different.
The permanent residence permit discussed in this article is connected with the family-based and 10-year routes described above, while the indefinite residence permit is specifically linked by law to the required five-year history following an investment residence permit.
XXIII. What Is the Difference Between a Permanent and an Indefinite Residence Permit?
Because the terminology is similar, these two categories may easily be confused in practice.
A permanent residence permit in Georgia may be granted to:
- a minor child of a Georgian citizen;
- the foreign parent of a minor Georgian citizen;
- the spouse of a Georgian citizen with the required five-year residence history;
- a foreign national with the required 10-year temporary residence history.
An indefinite residence permit, by contrast, is based on a different legal ground and may generally become available following the relevant five-year period connected with an investment residence permit.
Both permits confer the right of permanent residence, but their statutory prerequisites and evidentiary requirements are different.
The correct residence status should therefore be determined by the foreign national’s specific legal basis rather than merely by the words “permanent” or “indefinite.”
XXIV. Does Permanent Residency Need to Be Renewed Every Year?
A permanent residence permit in Georgia is not subject to annual renewal in the same manner as a temporary permit.
It is issued with the right of permanent residence.
Accordingly, the periodic one-year or two-year renewal regime applicable to temporary residence permits does not apply directly to permanent residence.
It is also important to distinguish between the residence permit itself and the residence card issued after the permit is granted.
Under the law, a foreign national must obtain the relevant residence card within one month after receiving the residence permit in Georgia.
XXV. Can the Right of Permanent Residence Be Terminated?
A permanent residence permit in Georgia creates a right of permanent residence, but this does not mean that the statutory grounds for termination cease to apply altogether.
A foreign national’s residence status may still be affected by circumstances specified by law.
For example, legal consequences may arise where false documents or documents without legal validity were used to obtain the residence permit.
The legislation also provides for relevant grounds connected with state security, public security, public order, and other circumstances established by law.
Permanent residency in Georgia is therefore a strong and long-term status, but both its acquisition and continued validity remain subject to Georgian immigration legislation.
XXVI. When Can Permanent Residency Be Refused?
A permanent residence permit in Georgia may be refused where the substantive or documentary requirements applicable to the relevant category are not satisfied.
Problems may arise, for example, where:
- the required family relationship with a Georgian citizen cannot be established;
- in the case of a Georgian citizen’s spouse, the required five-year residence period cannot be demonstrated;
- under the 10-year route, the claimed qualifying period includes time that must be excluded by law;
- financial means cannot be properly demonstrated;
- a false document or a document without legal validity has been submitted;
- statutory requirements for the relevant permit have not been satisfied;
- a relevant state or public security ground exists;
- proceedings concerning the foreign national’s removal from Georgia have commenced or a removal decision has already been issued.
If an application for permanent residency in Georgia is refused, a new application on the same legal basis may be submitted no earlier than one month after the refusal decision.
XXVII. Why Should the 10-Year Residence History Be Reviewed in Advance?
The 10-year route is one of the most document-dependent ways to obtain permanent residency in Georgia.
A foreign national may have physically spent more than 10 years in Georgia without necessarily having completed the required 10-year legal period.
The following should be reviewed:
- the type of each previous residence permit;
- the validity period of each permit;
- whether any period was based on study;
- whether any period was based on medical treatment;
- whether there was any relevant period of employment at a diplomatic mission.
Only after this review can it be determined whether the statutory 10-year criterion for a permanent residence permit has actually been satisfied.
XXVIII. Why Should the Spouse’s Five-Year Residence History Be Reviewed in Advance?
For the spouse of a Georgian citizen, permanent residency in Georgia is directly connected with the applicant’s previous five-year immigration history.
It must therefore be verified that, during the previous five years, the foreign national lived in Georgia specifically on the basis of the residence permit for the spouse of a Georgian citizen.
Documents establishing those periods form part of the permanent residence application.
The marriage must also continue to exist.
Accordingly, neither the duration of the marriage alone nor physical presence in Georgia can substitute for the specifically required residence history.
XXIX. What Should an Applicant Check Before Applying?
Before applying for permanent residency in Georgia, several principal issues should be reviewed:
- the exact legal ground on which the application will be based;
- whether the age requirement applicable to the relevant family category is satisfied;
- whether the family relationship can be established;
- whether the required five-year period for a spouse has been completed;
- whether the required 10-year temporary residence period has been completed;
- whether any periods must be excluded from the 10-year calculation;
- whether the applicant satisfies the financial requirement;
- whether foreign documents have been properly prepared;
- whether the 40-day filing rule has been observed;
- whether the applicant’s current legal basis for staying in Georgia is compatible with the permanent residence regime.
Advance review is particularly important because an application for a permanent residence permit may depend on proving several years of immigration history.
XXX. Legal Assistance with Permanent Residency in Georgia
Permanent residency in Georgia is an important legal status for foreign nationals with long-term family or immigration ties to Georgia.
Each legal ground has different requirements. For a minor child of a Georgian citizen or the foreign parent of a minor Georgian citizen, the family relationship is central. For the spouse of a Georgian citizen, the required five-year residence history must be established. Under the 10-year route, the foreign national’s entire previous residence history may require detailed legal review.
TB Legal assists foreign clients with reviewing their residence history, identifying the appropriate legal basis, preparing documentation, and handling the administrative procedure for a permanent residence permit in Georgia.
If you intend to obtain permanent residency in Georgia, your five- or 10-year residence history, family-based eligibility, supporting documents, current immigration status, and applicable filing deadlines should be assessed before the application is submitted.
