The Georgian Parliament has approved a package of legislative amendments prepared by the Ministry of Internal Affairs (MIA), which introduces new mechanisms for managing migration processes. The amendments to the Law “On the Legal Status of Foreigners and Stateless Persons,” along with related bills, were passed unanimously in the third reading with 81 votes.
Under the changes, additional requirements are being introduced for foreign students enrolling in higher and vocational education institutions. In particular, they will be required to present an international language certificate and/or pass a foreign or state language exam organized by the National Assessment and Examinations Center (NAEC).
The Ministry of Internal Affairs explained that this rule will prevent the enrollment in foreign-language programs of individuals who do not actually possess the required level of language proficiency.
In addition, educational institutions will be required to enter data into a unified information system regarding a foreign student’s right to enrollment, their actual enrollment, suspension, termination, or restoration of student status, transfer, completion of studies, and other information. Relevant state authorities will have access to this system.
Administrative liability is being introduced for educational institutions that violate the rules for registering foreign students. Sanctions may include fines or restrictions on the admission of foreign students.
The amendments also regulate the issuance of student residence permits. Such residence permits will be granted to adults only if they are studying at an authorized higher or vocational educational institution.
The legislative package also defines the grounds for terminating a foreign student’s right to stay in Georgia (revoking their residence permit), including if they fail to meet academic requirements, violate employment conditions, or are not actually present in Georgia within the timeframes established by law.
A separate block of amendments concerns the issuance of residence permits based on marriage between a Georgian citizen and a foreigner. A new type of document is being introduced—a residence permit for the spouse of a Georgian citizen, which will be issued prior to obtaining a permanent residence permit.
Before such a permit is issued, the authenticity of the marriage will be verified. A special commission will be established for this purpose.
Under the new rules, a sham marriage between a Georgian citizen and a foreigner, entered into for the purpose of obtaining citizenship, a residence permit, or other grounds for legal stay in the country, will become a criminally punishable offense.
The following penalties may apply:
- deportation of the foreigner from Georgia and an entry ban for a period of two to ten years;
- a fine;
- house arrest for a term of one to two years;
- imprisonment for up to two years.
The legislative package also provides for the possibility of replacing the unserved portion of a sentence for foreign convicts with deportation from the country and an entry ban, subject to compliance with Georgian law.
To combat, prevent, and suppress illegal migration, the Migration Department of the Ministry of Internal Affairs will be granted authority to conduct operational-search activities.
In addition, the changes affect judicial procedures. In particular, the timeframes for appealing decisions are being shortened, expedited schedules for case reviews are being established, and in some instances, cases may be heard without oral hearings.