What is changing in the procedure for obtaining residency for a foreign spouse of a Georgian citizen? - Changes of September 1, 2026
From September 1, 2026, the rules for obtaining a residence permit for foreigners married to Georgian citizens will change significantly.
The change concerns both the type and validity of the residence permit, as well as the review procedure itself. Under the new rule, the state will have the opportunity to verify not only the fact of marriage registration, but also whether a family relationship actually exists and the true purpose of creating a family.
The new regulations are based on the amendments made to the Law of Georgia “On the Legal Status of Foreigners and Stateless Persons” in 2026. The detailed procedure was determined by the Resolutions No. 416 and No. 417 of the Government of Georgia of August 26, 2026. Both resolutions will enter into force on September 1, 2026.
New type of residence permit
A separate category is introduced for the foreign spouse of a Georgian citizen, the residence permit for the spouse of a Georgian citizen .
The permit is initially issued for a period of 1 year. It can be extended for 2 years each time, however, the total period of residence on this basis should not exceed 5 years.
After 5 years, if the marriage still exists and other requirements stipulated by law are met, it becomes possible to obtain a permanent residence permit.
This means that marriage to a Georgian citizen will no longer be a direct basis for a permanent residence permit for a foreign spouse. The new system establishes a phased model: in the first stage, a residence permit for the spouse will be issued, and after a 5-year period, the issue of a permanent residence permit may arise.
How is the authenticity of a family relationship verified?
One of the main innovations of the new rule is the verification of the authenticity of family ties and family formation.
A 6-member interdepartmental commission is being created for this purpose. It includes 2 employees of the State Services Development Agency, 2 employees of the Ministry of Internal Affairs, and 2 employees of the State Security Service.
The Commission reviews applications submitted for a residence permit for the spouse of a Georgian citizen in terms of the validity of the family relationship.
Accordingly, a marriage certificate is still a necessary document, although its existence alone will not complete the administrative proceedings.
Interview with spouses
If requested by the commission, the spouses are obliged to appear for an interview, provide explanations, and submit possible evidence and documents confirming the authenticity of the family relationship.
The commission may interview the spouses together or separately. If necessary, a repeat interview may be conducted.
In practice, this means that not only formal documents will matter, but also the consistency and overall picture of the information provided by the couple about their family life.
How is an interview invitation made?
This is one of the most noteworthy parts of the new rule.
The invitation to the interview is made by publishing the relevant protocol on the website of the State Services Development Agency.
The summons protocol is considered submitted upon publication on the website.
Therefore, it is important for the applicant to actively monitor the progress of the administrative proceedings. Simply waiting for a phone call or email may not be enough.
Is it possible to check the place of residence?
Yes.
The Commission may verify the information contained in the submitted documents by visiting the actual place of residence, inspecting it, and interviewing relevant persons.
At least 2 members of the commission, representing at least two different agencies, must be present during the on-site visit.
A report is drawn up as a result of the inspection. If necessary, it may be accompanied by photographs, video footage, or other evidence that confirms the circumstances discovered on site.
This change is particularly important because the administrative body is now directly granted the ability to verify information about real family life on the spot.
What happens if you refuse to cooperate with the Commission?
If the spouses do not cooperate with the commission, do not appear for an interview, refuse to inspect the place of residence, or otherwise fail to fulfill the obligation to cooperate as provided for by law, this may serve as a basis for refusing to issue a residence permit.
In such a case, the commission draws up a protocol on the indeterminacy of the family union and the creation of a family.
It is important that this case is not confused with suspicion of a marriage of convenience. Failure to cooperate with the Commission does not in itself mean that the marriage was deemed to be of convenience.
What happens if a sham marriage is suspected?
If the Commission considers that there are sufficient grounds to assume that the marriage is fictitious, it shall send the relevant materials to the investigative body at the place of actual residence of the citizen of Georgia. A copy of the materials shall also be sent to the Prosecutor's Office of Georgia.
If an investigation has been initiated, the period for considering an application for a residence permit is suspended until the commencement of criminal prosecution or the termination of the investigation.
Therefore, such a case can significantly increase the duration of administrative proceedings.
What documents are required?
To obtain a residence permit for the spouse of a Georgian citizen, a foreigner must submit:
A statement in the prescribed form;
Copy of travel document;
Document confirming legal stay in Georgia;
Document proving family relationship;
Document confirming the legal income of a foreigner or a Georgian citizen in Georgia;
Color photograph;
Receipt confirming payment of the service fee.
The amount in a foreigner's personal bank account may also be considered income. Its amount, taking into account the duration of the permit, must not be less than twice the minimum monthly subsistence level of the average consumer in Georgia.
What is the deadline for processing an application?
The agency will consider an application for a residence permit for the spouse of a Georgian citizen within 90 calendar days .
This deadline is especially important for those whose legal stay in Georgia is limited. The time of application submission should be planned in advance and it should be taken into account that the review period for the new category may be extended by three months.
What happens to applications submitted before September 1, 2026?
The new rules will not apply to cases that are already ongoing.
Resolution No. 416 of the Government of Georgia establishes that the processing of applications submitted before September 1, 2026 will be completed in accordance with the procedure that was in effect prior to the enactment of the resolution.
Therefore, applications filed before September 1 and after September 1 are subject to different legal regimes.
Is it possible to appeal the refusal?
Yes.
The decision made by the State Services Development Agency on the issue of a residence permit cannot be appealed to a higher administrative body. It can be appealed directly to the court within 10 calendar days from the date of delivery of the decision .
In addition, the protocol drawn up by the commission regarding the validity of family ties and the creation of a family is not subject to independent appeal. It is part of the administrative proceedings.
The 10-day appeal period is quite short. Therefore, in the event of a refusal, it is important to promptly assess the factual and legal grounds for the decision.
What do these changes mean in practice?
Starting September 1, 2026, obtaining a residence permit for a foreign spouse of a Georgian citizen will become a procedure involving a more detailed check.
It will be important for the applicant not only to prepare the necessary documents, but also to check the information on the agency's website, show up for the interview on time, cooperate with the commission, and, if necessary, present circumstances confirming the real family relationship.
Four issues are particularly worth considering: a new permit is initially issued for only 1 year, 90 calendar days are allocated for reviewing the application, the commission can also verify the place of residence, and the deadline for appealing a refusal in court is only 10 calendar days.
Therefore, when evaluating a specific case, it is important not only to fulfill the formal requirements, but also to take into account the peculiarities of the new procedure in advance.
Mia Zoidze
Lawyer, Founding Partner
Giorgi Pantsulaia & Partners
