Migration

Residence Permit for IT Workers in Georgia: Conditions and Procedure

Guide 5 min read

Short answer: An IT residence permit is first issued for 3 years. An employed IT specialist must prove at least 2 years of experience and remuneration equivalent to at least USD 25,000 over the past year. The permit may be terminated if the holder has been outside Georgia for 183 days or more within 12 months.

The residence permit for persons employed in the IT sector is a special category of temporary residence for foreigners working in information technology. It is regulated separately from the ordinary work residence permit and offers several important advantages.

Who Can Obtain the Permit?

The permit may be issued to:

  • an employed IT specialist working for a local employer;
  • an individual entrepreneur with Small Business Status whose activity corresponds to specified IT codes;
  • the head of an international IT company or a person authorized to represent it;
  • family members of the persons listed above.

Not every IT activity automatically falls within this regime. An employee’s activity must correspond to the International Labour Organization classification (ISCO-08, code 25), and an individual entrepreneur’s to specified codes of the classifier of economic activities, for example 62.01, 62.02, 62.03 and 62.09.

Main Conditions

An employed IT specialist and an entrepreneur with Small Business Status must prove:

  • at least 2 years of experience in the relevant IT activity;
  • remuneration from IT activity equivalent to at least USD 25,000 over the past year;
  • lawful stay in Georgia;
  • the right to work, where required by law.

A single payment is not enough to prove remuneration. At least two payments at an interval of at least 30 days are required. In practice, this requirement is often overlooked.

For the head of an international IT company, the 2-year experience and USD 25,000 requirements do not apply. They need a document confirming their management and representation authority.

Main Documents

An employed specialist must submit:

  • an application and the unique code assigned by the Employment Support Agency;
  • a copy of their travel document and a document confirming lawful stay;
  • documents confirming experience and remuneration;
  • the right-to-work decision (if it is not verified electronically);
  • a photograph and confirmation of payment of the service fee.

An individual entrepreneur additionally needs documents confirming Small Business Status and IT activity. Documents issued abroad must, as a rule, be submitted with an apostille or legalization and a certified Georgian translation.

Timelines and Procedure

The application is registered with the Public Service Development Agency, in person, through a representative or electronically. A decision is made within 30 days of submission of the complete documentation.

How Does It Differ From an Ordinary Work Residence Permit?

  • Duration: it is first issued for 3 years, whereas an ordinary work residence permit is issued for 6 months to 1 year. It can be extended by 3 years at a time, up to 12 years in total.
  • The 40-day rule: does not apply, meaning that it is not necessary to apply for the permit 40 days before the period of lawful stay expires. The requirement of lawful stay still applies.
  • Category C visa: the general restriction on obtaining residence on the basis of this visa does not apply to the IT permit.
  • Family members: a spouse and minor child obtain the permit on the basis of the main applicant’s status. They do not need to prove IT experience or income independently.

What Should the Holder Bear in Mind?

The 183-day rule. The permit may be terminated if the holder was physically absent from Georgia for 183 days or more during any continuous 12-month period. Specialists who travel often or work remotely should pay particular attention to this rule. Time spent abroad for medical treatment is an exception.

Maintaining the basis for the permit. A change of employer or activity may require the right to work to be renewed. A breach of the conditions of the right to work may also become grounds for terminating the residence permit.

What Are the Most Common Reasons for Refusal?

  • the activity does not correspond to a specified IT category;
  • experience or remuneration is not properly proven;
  • the payments do not meet the 30-day interval requirement;
  • the required right to work is missing;
  • the documents submitted are incorrect or lack legal force.

Frequently Asked Questions

Is a local employer required?

For an employed IT specialist, yes. However, the permit may also be issued to an individual entrepreneur with Small Business Status and to the head of an international IT company, if the relevant conditions are met.

How long do I need to be in Georgia?

The permit may be terminated if the holder was physically absent from Georgia for 183 days or more during any continuous 12-month period (time spent abroad for medical treatment is an exception).

Can family members obtain the permit?

Yes. A spouse and minor child obtain the permit on the basis of the main applicant’s status and do not need to prove experience or income independently.

How Can Our Team Help?

An IT residence permit involves questions of immigration law, labor law and, in some cases, corporate law at the same time. Our law firm can help you assess the classification of your activity, prepare the right to work and the documents, submit the application and comply with the conditions of the permit.

Contact us for a consultation.

This article provides general information and does not constitute individualized legal advice. Laws, tariffs and procedures may change; confirm the current requirements before acting.

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