I. About This Article
A family reunification residence permit in Georgia is a separate category of residence permit intended to provide a legal basis for residence in Georgia to certain family members of a foreign national who already holds a Georgian residence permit.
In practice, a family reunification residence permit in Georgia is particularly relevant where a foreign national already resides in Georgia on the basis of a work, student, investment, or other applicable residence permit and wishes to live in Georgia together with a spouse, minor child, or another person recognized by law as a family member.
Several conditions must exist simultaneously for this category to apply. The person with whom reunification is sought must hold an appropriate Georgian residence permit; the applicant must qualify as a family member under the law; the relevant family relationship must be properly evidenced; and sufficient financial means for residence in Georgia must also be demonstrated.
A family reunification residence permit in Georgia is also subject to timing requirements. In particular, at the time the family member submits the application, the remaining validity period of the residence permit held by the foreign national with whom reunification is sought must exceed six months.
The legal basis for family reunification is established by the Law of Georgia on the Legal Status of Aliens and Stateless Persons, while application procedures and documentary requirements are regulated in detail by Government of Georgia Decree No. 520.
This article explains who may obtain a family reunification residence permit in Georgia, who qualifies as a family member, which documents are required, how income must be demonstrated, what rules apply to documents issued abroad, how long the permit is valid, and when refusal or termination of the permit may arise.
II. What Is a Family Reunification Residence Permit in Georgia?
A family reunification residence permit in Georgia is granted to family members of a foreign national who holds a residence permit in Georgia.
The purpose of this rule is to allow a foreign national who is already lawfully established in Georgia to live together with eligible family members, provided that those family members satisfy the statutory requirements.
Family reunification therefore always involves two connected persons: on the one hand, the foreign national who already holds a Georgian residence permit and, on the other hand, the family member applying for a family reunification residence permit in Georgia.
For example, if a foreign national resides in Georgia on the basis of a work residence permit, that person’s spouse or minor child may, subject to the applicable conditions, apply for a separate residence permit on family reunification grounds.
The same principle may apply where the principal foreign national holds another qualifying residence permit, provided that all requirements established for family reunification are satisfied.
III. Who Qualifies as a Family Member?
A family reunification residence permit in Georgia is available only to persons who fall within the statutory definition of a family member.
A foreign national’s family member includes:
- a spouse;
- a minor child;
- a minor under guardianship or custody;
- a fully dependent minor;
- a person receiving support;
- a person incapable of work;
- the parent of a minor foreign national.
Accordingly, a family reunification residence permit in Georgia is not limited only to spouses and children. Subject to the conditions established by law, other dependent persons may also qualify as family members.
It is also important to distinguish between the concepts of a “family member” and a “relative.” The statutory concept of a relative is broader and includes a spouse, child, parent, sister, brother, grandfather, grandmother, and grandchild.
For a family reunification residence permit, the decisive issue is whether the applicant falls within the relevant statutory category and has the appropriate legal basis.
Accordingly, before applying for a family reunification residence permit in Georgia, it is necessary to assess not only the factual family relationship but also whether the particular applicant belongs to the group protected by law.
IV. Can a Spouse Obtain a Family Reunification Residence Permit?
A spouse is expressly included in the statutory definition of a family member.
Accordingly, the spouse of a foreign national may obtain a family reunification residence permit in Georgia if the other spouse resides in Georgia on the basis of an appropriate residence permit and the remaining legal conditions are also satisfied.
One of the principal documents in such a case is a document proving the marriage.
If the marriage was registered in another country, the relevant document may need to be properly authenticated and translated into Georgian before it can be used in Georgia.
When applying for a family reunification residence permit, it is also important that the information appearing in the marriage document corresponds to the personal data stated in the spouses’ travel documents.
If there are differences in the name, surname, date of birth, or other personal data, additional documents may be required in order to establish the family relationship properly.
V. Can a Child Obtain a Family Reunification Residence Permit?
A minor child also falls within the category of a family member.
Accordingly, the minor child of a foreign national holding a residence permit in Georgia may apply for a family reunification residence permit in Georgia.
A birth certificate or another document having appropriate legal validity is generally used to establish the family relationship.
If the child is under guardianship or custody, a document proving the relevant legal status may also be required.
The law also includes within the concept of a family member a minor who is under the guardianship or custody of the foreign national or is fully dependent on that person.
A family reunification residence permit in Georgia may therefore be based on biological family ties as well as other legally recognized relationships.
Where the applicant is a minor, matters relating to the submission of the application and legal representation are handled through the child’s legal representative.
VI. Can a Parent Obtain a Family Reunification Residence Permit?
The law also recognizes the parent of a minor foreign national as a family member.
This means that where a minor foreign national resides in Georgia on the basis of an appropriate residence permit, that child’s parent may, subject to the applicable statutory conditions, have a legal basis to apply for a family reunification residence permit in Georgia.
In this context, particular importance is attached to the age of the principal residence permit holder and proper proof of the applicant’s parental status.
Parenthood must be established by an appropriate official document.
Where a foreign birth certificate or another foreign document is used, the formal requirements applicable to the use of foreign documents in Georgia must again be taken into account.
VII. Why Does the Remaining Validity of the Principal Residence Permit Matter?
A family reunification residence permit in Georgia cannot be granted merely because the foreign national residing in Georgia currently holds a valid residence permit.
The legislation establishes an additional condition: the remaining validity period of the residence permit held by the foreign national with whom reunification is sought must exceed six months.
This requirement is an important practical planning issue.
For example, if only four months remain before the principal foreign national’s residence permit expires at the time the family member arrives in Georgia, it may first be necessary to address renewal of the principal residence permit.
Only after that may an application for a family reunification residence permit in Georgia be properly planned.
For this reason, the immigration procedures of family members should be coordinated with each other.
VIII. What Documents Are Required?
To obtain a family reunification residence permit in Georgia, a foreign national must submit the documents prescribed by law to the Public Service Development Agency.
The principal documentation includes:
- the prescribed application form;
- a copy of the foreign national’s travel document;
- a copy of the document confirming lawful stay in Georgia;
- a document proving the relevant family relationship;
- evidence of the required lawful income;
- a 3/4 colour photograph in electronic form;
- proof of payment of the applicable service fee.
A family reunification residence permit in Georgia depends particularly on proper evidence of the family relationship.
For a spouse, this may be a marriage certificate; for a child, a birth certificate; and in cases involving guardianship, custody, or another relevant status, the appropriate legal document.
If the evidence of the family relationship was issued in another country, its formal validity for use in Georgia must also be ensured.
IX. How Must Income Be Proved?
A family reunification residence permit in Georgia also requires proof of sufficient financial means.
Evidence may be submitted showing lawful income earned in Georgia by the applicant and/or by a Georgian citizen or a relative who holds the right of residence in Georgia.
Accordingly, the law does not require that the relevant income necessarily belong directly to the foreign national seeking family reunification.
Where appropriate, lawful income received by a relative who has residence rights in Georgia may also be used.
When preparing a family reunification residence permit application, the financial documentation should establish lawful income and should correspond to the particular circumstances of the applicant and the family.
Where the relevant lawful income cannot be demonstrated by other means, or where the applicant relies on another financial source, the legislation also permits funds held in a bank account to be taken into consideration.
X. Can Funds Held in a Bank Account Be Used?
Yes. For purposes of obtaining a family reunification residence permit in Georgia, money held in the foreign national’s personal bank account may be treated as income.
The amount must be assessed according to the requested duration of the residence permit.
The amount available in the bank account must, on a monthly basis, be at least twice the subsistence minimum of the average consumer in Georgia.
For example, if a family reunification residence permit in Georgia is requested for one year, the amount held in the bank account must be sufficient to satisfy the applicable requirement for the entire twelve-month period.
This rule is important for applicants who do not have their own current income in Georgia but possess sufficient personal financial resources.
The relevant bank document must also satisfy the formal requirements applicable to residence permit applications.
XI. Foreign Marriage and Birth Certificates
A family reunification residence permit in Georgia is frequently based on a marriage certificate, birth certificate, or another civil-status document issued abroad.
When such a document is used in Georgia, the applicable authentication requirements must be observed.
As a general rule, a document issued in another country requires legalization or an apostille unless a different regime applies under an international agreement binding on Georgia.
The document must also be submitted together with an appropriate Georgian translation.
In the case of a passport, the Agency may accept the document without a Georgian translation where the foreign national’s personal data are stated in Latin transliteration.
Before submitting a family reunification residence permit application, it is advisable to review the family members’ foreign documents in advance because apostille, legalization, and translation procedures may require additional time.
XII. Requirement of Lawful Stay in Georgia
As a general rule, a family reunification residence permit in Georgia is granted to a foreign national who is lawfully present in Georgia.
For this reason, the documents submitted with the application include a copy of the document confirming lawful stay in Georgia.
It is also important that family reunification is not one of the special residence permit categories exempt from the general restriction on issuing a residence permit on the basis of a Category C ordinary visa.
Georgian law separately provides for a Category D4 immigration visa for persons travelling to Georgia for family reunification purposes.
A D4 visa and a family reunification residence permit in Georgia are separate legal instruments, although they may be connected when planning the foreign national’s entry into Georgia and subsequent residence.
XIII. Does the 40-Day Rule Apply?
Yes. A family reunification residence permit in Georgia is subject to the 40-day rule applicable to residence permit applications.
The foreign national must apply to the Public Service Development Agency at least 40 calendar days before the expiry of the period of lawful stay in Georgia.
Family reunification is not among the residence permit categories expressly exempt from this requirement.
Accordingly, the family reunification residence permit procedure should be planned in advance.
In practice, sufficient time may be required both to prepare foreign documents proving the family relationship and to obtain an apostille or legalization and a Georgian translation.
The applicant should also verify both the remaining period of lawful stay in Georgia and the remaining validity of the principal foreign national’s residence permit.
XIV. How Is the Application Submitted?
A family reunification residence permit in Georgia is issued by the Public Service Development Agency.
The application may be submitted personally or through an authorized representative.
An application for the grant or renewal of a residence permit may be submitted in physical or electronic form in accordance with the applicable rules.
Where the applicant is a minor, the relevant procedural actions are carried out by the minor’s legal representative.
All documents required for obtaining a family reunification residence permit in Georgia must be submitted with the application.
During the administrative proceedings, the Agency may request additional information or documents where necessary to establish a specific factual circumstance.
XV. How Long Does the Application Take?
As a general rule, the total period for considering an application for the grant or renewal of a residence permit in Georgia must not exceed 30 days after all required documents have been submitted.
This rule also applies to a family reunification residence permit in Georgia.
During that period, the Agency reviews the submitted documents, the legal basis of the family relationship, lawful stay in Georgia, financial support, and other relevant circumstances.
If additional information is required, the Agency may request the applicant to submit further documents.
The applicant may also submit additional information on their own initiative during the administrative proceedings where it proves a circumstance relevant to the grant of a family reunification residence permit.
XVI. How Long Is a Family Reunification Residence Permit Valid?
A family reunification residence permit in Georgia is initially issued for a period of six months to one year.
It belongs to the category of temporary residence permits.
The permit may be renewed where the relevant legal basis continues to exist.
As a general rule, the validity of this category of temporary residence permit may be extended for the foreign national’s expected period of stay in Georgia, within the limits established by law and subject to the same conditions on which the original permit was granted.
A family reunification residence permit in Georgia may be renewed only within the overall maximum period established by law.
At the time of renewal, the family relationship and other legal circumstances on which the original permit was based must continue to exist.
XVII. When Can Renewal Be Requested?
A foreign national may apply for renewal of a family reunification residence permit in Georgia no earlier than 90 days before the expiry of the existing permit.
This means that the renewal application cannot be submitted at any earlier stage before the current permit expires.
At the same time, the renewal process should not be postponed until the final stage because proof of the family relationship, financial support, or other relevant circumstances may again be required.
Where a family reunification residence permit in Georgia depends on another foreign national’s existing residence status, the status of the principal foreign national’s permit is also relevant.
Managing the validity periods of residence permits held by several family members together is therefore important in practice.
XVIII. What Happens if the Family Relationship Ends?
A family reunification residence permit in Georgia is based on a specific family relationship.
If the relationship on which the residence permit was granted ceases to exist, the legal issue of terminating the permit may arise.
The law recognizes termination of the activity or relationship on which the foreign national obtained a Georgian residence permit as one of the grounds for terminating residence status.
Accordingly, significant changes in the family’s legal status during the validity of a family reunification residence permit may affect the foreign national’s residence status.
The specific result depends on the nature of the change, the status of the family member, and the legal basis supporting the particular residence permit.
In such circumstances, it is advisable to assess promptly whether another legal basis exists for the foreign national to remain in Georgia.
XIX. When Can a Family Reunification Residence Permit Be Refused?
A family reunification residence permit in Georgia is granted only where the requirements established by law are satisfied.
A refusal may arise where the applicant cannot establish the relevant family relationship, does not satisfy the requirements for lawful stay in Georgia, fails to satisfy the financial-support requirement, or does not meet another prerequisite applicable to the category.
Grounds for refusal may also include the submission of incorrect information or a document without legal validity, circumstances related to state or public security interests, and other cases provided by law.
A Georgian residence permit is also not granted to a foreign national in respect of whom consideration of removal from Georgia has commenced or a removal decision has already been issued.
If a family reunification residence permit in Georgia is refused, the applicant may submit a new application on the same basis no earlier than one month after the refusal decision.
Before submitting a new application, the specific reason for the refusal should be identified and the relevant problem corrected.
XX. What Should a Family Check Before Applying?
A family reunification residence permit in Georgia requires advance planning.
The first issue is whether the particular applicant actually falls within the statutory category of a family member.
The current status of the foreign national holding the principal Georgian residence permit and the remaining validity of that permit should then be checked. At the time the family reunification application is submitted, the remaining validity period must exceed six months.
The following should also be checked:
- the applicant’s legal basis for staying in Georgia;
- compliance with the 40-day rule;
- the document proving the family relationship;
- whether an apostille or legalization is required;
- the Georgian translation;
- compliance with the financial-support requirement;
- the validity period of the travel document.
Where a family reunification residence permit in Georgia is planned simultaneously for several family members, the legal position of each applicant should be assessed individually.
This is particularly important where spouses and children enter Georgia at different times or rely on different existing immigration grounds.
XXI. Family Reunification Residence Permit and D4 Visa
Georgian legislation also provides for a special Category D4 immigration visa for family reunification.
A D4 visa is intended for persons travelling to Georgia for the purpose of family reunification.
A D4 visa and a family reunification residence permit in Georgia are not the same legal instrument.
A visa concerns the foreign national’s right to enter Georgia and remain for the applicable period, while a residence permit creates a legal basis for longer-term residence in Georgia.
When planning a family’s immigration process, it may therefore be important to consider both stages in advance: the appropriate legal basis for the family member’s entry into Georgia and the subsequent application for a family reunification residence permit.
XXII. Why Is Advance Legal Planning Important?
In a family reunification process, one person’s immigration status often depends directly on the legal status of another person.
For example, if the residence permit of the foreign national living in Georgia is close to expiry, this may prevent a family member from applying because more than six months must remain on the existing permit.
The foreign family member’s basis for entering and staying in Georgia is also important because a family reunification residence permit in Georgia is subject to the lawful-stay requirement and the 40-day rule.
Preparing a foreign marriage certificate or birth certificate may require an apostille, legalization, and translation into Georgian.
For this reason, beginning the procedure only after the family member arrives in Georgia is not always optimal. A substantial part of the documentation can often be prepared in advance.
Proper planning reduces the risk that, at the time of applying for a family reunification residence permit, a problem will arise with timing, documentation, or the existing residence status of the principal foreign national.
XXIII. Legal Assistance with Family Reunification in Georgia
A family reunification residence permit in Georgia involves several interconnected issues: determining the legal status of the family member, proving the family relationship, preparing foreign documents, assessing financial support, verifying lawful stay in Georgia, and controlling application deadlines.
Particular attention should be paid to the status of the principal residence permit holder and the remaining validity period of that permit.
TB Legal assists foreign clients with determining the appropriate legal basis for family members’ residence in Georgia, preparing documentation, and handling the relevant administrative procedures.
If you or a family member intend to obtain a family reunification residence permit in Georgia, the legal basis, documentation, timing requirements, and immigration status of the relevant family members should be assessed in advance.
