Work residence permit: income and company turnover requirements: what to do under Georgian law

What to do

1. Sequence: a work residence permit is issued only to a person who has obtained the right to work (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 15). In Georgia, the application must be filed no later than 10 calendar days after obtaining the right (Law of Georgia on Labour Migration, Art. 13⁵).
2. Thresholds, to be checked before filing: monthly income from work or business in Georgia must be not less than five times the subsistence minimum (Art. 15). The annual turnover of the employer or of one’s own enterprise must be at least GEL 50,000 per foreign applicant (Art. 15). For a founder and director of their own LLC, the turnover of their company counts. For two foreigners, the required turnover is doubled. Educational and medical institutions must have a turnover of at least GEL 35,000 (Art. 15). Confirmation: a document on the work or business, and an income certificate (Art. 15).
3. Applicant’s status: a residence permit is issued only to a foreigner lawfully in Georgia (Art. 14). It is not issued on the basis of a category C visa (Art. 14).
4. Term: the decision is made within 30 days (Art. 17). The permit is first issued for 6 months to 1 year (Art. 16). Renewal is granted on the same conditions, up to a total of 12 years (Art. 16).
5. Risks: failure to meet the requirements is grounds for refusal (Art. 18). A refusal of the residence permit also terminates the right to work (Law of Georgia on Labour Migration, Art. 13⁷). If the work or business stops, the stay may be terminated (Law on the Legal Status of Aliens and Stateless Persons, Art. 21). A refusal may be appealed to court within 1 month (Rules on Issuing Residence Permits in Georgia, Art. 17). If turnover falls short and the activity is in IT, the IT residence permit has a threshold of USD 25,000 per year (Law on the Legal Status of Aliens and Stateless Persons, Art. 15).
6. Where to apply: Public Service Development Agency (residence permit); Employment Support Agency (right to work); court.
7. Evidence: employment contract or registry extract, Revenue Service certificates on salary and turnover, decision on the right to work.
8. Traps: filing for a residence permit without the right to work, or missing the deadline after obtaining it; relying on the old rule of a “double subsistence minimum in a bank account”; not recalculating the company’s turnover per foreigner; changing jobs or closing a business without changing the basis of the residence permit.

Be sure to check

• right to work first, then the work residence permit within a short deadline
• income threshold (five times the subsistence minimum) and turnover threshold (GEL 50,000 per foreigner; GEL 35,000 for educational and medical institutions)
• how to prove income and turnover, and lawful stay at filing
• permit term, renewal on the same conditions, and termination with the loss of work
• refusal, its consequences for the right to work, and appeal