Georgia: Work permit rules updated
On 9 July the Government of Georgia adopted Resolutions No. 317 and No. 321, introducing amendments to the rules governing the issuance of the right to engage in labour activities (hereinafter "work permit") and labour residence permits for foreign nationals. The key changes concern the definition of short-term labour activities, the application of the quota system, and several procedural requirements for different categories of applicants.
KEY CHANGES
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The definition of "short-term labour activity" has been clarified. It is defined as work by a foreign national for the benefit of a local employer for a period not exceeding 4 months within a calendar year. Such employees are work permit exempt. Before the employment begins, the employer must register the foreign employee in the electronic labour migration system. Short-term labour activity does not apply to positions restricted by the quota regime.
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The list of foreign nationals exempt from obtaining work authorization has been expanded. It now includes, among others, executives of large companies, employees of government entities, individuals performing their work entirely remotely for a Georgian employer without entering Georgia, as well as foreign nationals providing services to non-residents.
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The annual quota approval procedure has been clarified. A quota applies where an employer plans to hire more than 5 foreign nationals during a calendar year or where the number of foreign employees exceeds 5% of the employer's total workforce (provided that 5% represents at least 5 employees). To obtain quota approval, the employer must demonstrate a minimum annual turnover of GEL 50,000 per foreign employee (or GEL 35,000 for educational and healthcare institutions).
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A new exemption has been introduced for newly established businesses applying for labour residence permits. The minimum annual turnover requirement will not apply where all of the following conditions are met:
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the company employs no more than 3 foreign nationals;
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no more than 3 months have passed since the company's incorporation (registration);
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the foreign national is applying for a labour residence permit for the first time.
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Foreign nationals engaged in self-employed activities are now required to submit their applications and undergo a mandatory video interview strictly in person.
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Foreign nationals providing services to non-residents in connection with the non-residents' activities outside Georgia are exempt from obtaining work permits. This exemption does not apply to foreign individual entrepreneurs where a residence permit is required for their lawful stay in Georgia.
The amendments entered into force upon publication of the Resolutions.