What the Law on Compatriots Living Abroad Regulates
The law of Georgia on compatriots living abroad defines the principles of state policy towards these persons, establishes the foundations for the activities of Georgian state bodies implementing that policy, and regulates the legal status of a compatriot living abroad and of a diaspora organization. In pursuing this policy, the Georgian state relies on universally recognized principles and norms of international law, including non-interference in the internal affairs of other states and the protection of human rights and freedoms. The purpose of the law is to create a clear legal framework for persons who maintain cultural, linguistic or ancestral ties with Georgia while residing in foreign states.
The law defines its key concepts. A compatriot living abroad is a citizen of Georgia who permanently resides in another state, or a citizen of another state who has origin from Georgia and/or whose native language belongs to the Kartvelian-Caucasian languages. Origin from Georgia means the affiliation of a person or of his or her ancestor with any ethnic group living on the territory of Georgia, together with that person's recognition of Georgia as the country of his or her origin; in determining origin, the law takes into account five generations of the person's ascending line. The family member of a compatriot is deemed to be his or her spouse and children, while the diaspora is the unity of compatriots living abroad. A diaspora organization is an association created in accordance with the legislation of the state of residence for the purpose of popularizing Georgian culture, the Georgian state language and traditions, linking diasporas with one another, and cooperating with Georgia in cultural, scientific-technical, sporting and other fields. For the systematization of diaspora organizations, a database on such organizations — a registry — is created at the relevant state body.
Who May Acquire the Status of a Compatriot Living Abroad
The status of a compatriot living abroad may be acquired by a person of full legal age who satisfies one of the following requirements: he or she is either a citizen of Georgia permanently residing in another state, or a citizen of another state who has origin from Georgia and/or whose native language belongs to the Kartvelian-Caucasian languages. A minor is granted the status on the basis of an application by either parent.
Origin from Georgia and the affiliation of a person's native language with the Kartvelian-Caucasian languages are confirmed by an appropriate conclusion issued by the relevant state body. That body is entitled, for the purposes of such confirmation, to rely on a document or evidence submitted by the status-seeking person, on the testimony of witnesses who are citizens of Georgia, and/or on a document submitted by a public organization interested in matters relating to compatriots living abroad. This means that the circle of materials capable of proving ancestral or linguistic ties is fairly broad, and the applicant may gather the corresponding supporting papers himself or herself.
Required Documents and the Application Procedure
A person seeking the status must submit, together with the application, the following documents:
- 2 photographs;
- a passport or another document certifying citizenship and identity;
- a motivation letter;
- a document confirming payment of the service fee of the public law legal entity within the sphere of governance of the Ministry of Justice of Georgia — the State Services Development Agency.
The listed documents may be accompanied by a birth certificate or a document replacing it, by a reference-recommendation of the public organization of which the applicant is a member, and by a document or evidence confirming origin from Georgia and/or the affiliation of the applicant's native language with the Kartvelian-Caucasian languages. The form of the application is approved by the Minister of Justice of Georgia. Documents must be submitted together with a certified Georgian translation in the manner established by Georgian legislation; an identity document may be submitted without a translation if it contains the person's personal data in Latin transliteration.
The application is submitted to the Agency personally or through a representative. A person staying abroad may submit the application to a Georgian diplomatic representation or consular post abroad, which forwards the application to the Agency as soon as possible. The application may also be completed electronically, by filling in the form placed on the Agency's website, in Georgian and/or English. If the Agency establishes that the submitted documents are incomplete, the applicant is given a reasonable period to cure the defect; otherwise the application may be left unexamined. The Agency examines the application and takes a decision within 80 days from its receipt. Communication with the applicant is carried out by publishing a respective notice on the Agency's website, and the applicant may additionally indicate an e-mail address. The service fee for granting the status and issuing the certificate is determined by Georgian legislation.
Grounds for Refusal and Re-Application
The law exhaustively lists the grounds on which the granting of the status may be refused:
- a conclusion of the competent body that the applicant carries out activities directed against the interests of Georgia, or a conclusion of the Ministry of Internal Affairs of Georgia or of the State Security Service of Georgia that granting the status to the person is inexpedient from the standpoint of protecting state or public security;
- submission of incorrect data or forged documents for the purpose of acquiring the status;
- failure to satisfy the conditions for acquiring the status, or the failure of the relevant state body to submit its conclusion to the Agency within 60 days from the receipt of the respective materials.
In the event of a negative decision, the person is notified of the refusal, but the Agency is not obliged to justify the decision taken. The decision on refusal may be appealed to court in the manner established by Georgian legislation. If the refusal was based on the non-fulfilment of the conditions for acquiring the status or on the non-submission of the relevant body's conclusion, the person is entitled to apply to the Agency again after 6 months from the date of the negative decision.
Grounds for Termination of the Status
A granted status is terminated in the cases provided for by the law. The grounds for termination are:
- acquisition of the status on the basis of incorrect data or forged documents;
- commission by the compatriot of activities directed against the interests of Georgia;
- submission by the compatriot of an application on the termination of the status;
- the compatriot's return to Georgia for residence.
Rights of a Compatriot and State Support
A compatriot who is a citizen of another state and who is lawfully present on the territory of Georgia enjoys the rights and freedoms provided for by the Georgian law on the legal status of aliens and stateless persons. In addition, he or she has the following privileges:
- with the consent of the relevant international federation in the respective sport, to participate in sporting competitions in the name of Georgia, as part of the national team;
- if he or she is a citizen of a state whose citizens require a visa to enter Georgia — to cross the Georgian state border without a visa and to stay on the territory of Georgia for no more than 30 days;
- when applying on the matter of Georgian citizenship, to pay the service fee on preferential terms determined by a decree of the Government of Georgia;
- to receive general and higher education in Georgia, funded by the state, in the manner prescribed by law;
- to be employed in public service only on the basis of an employment contract, provided the requirements established by law are met.
A compatriot also has the opportunity to participate in various targeted programs funded by the Georgian state for the diaspora. The general coordination of the activities of diaspora organizations and compatriots living abroad is carried out by the relevant state body. The honorary representative of Georgia in diaspora affairs is appointed to office for a term of 3 years by the head of that same body, and the term may be extended for the same period by decision of the head of the body. The honorary representative ensures the general coordination of the relationship between the diaspora existing in the state of residence and the Georgian state, and himself or herself holds the status of a compatriot living abroad.