A student's transfer from one higher education institution to another, the recognition of credits and the protection of status during exchange programmes are governed by Articles 43, 50-1 and 49-2 of the Law on Higher Education. In everyday speech the phrase "academic transfer" is used loosely, but in legal terms the matter concerns mobility — the student's right to continue studies at another institution and to have achieved learning outcomes recognised. This page explains when the right to transfer exists, who decides the recognition of credits, and how the law protects the student when an institution or a programme ceases to exist.
The right to transfer and its limits
Under sub-paragraph "t" of paragraph 1 of Article 43, a student has the right, in the manner established by Georgian legislation and by the charter of the receiving higher education institution, to transfer to another higher education institution from the second year of study. This means that during the first academic year ordinary mobility is not yet provided for by the law — the general rule starts from the second year, while the rest is regulated by the institutions' charters.
There is, however, an exception that protects first-year students as well: under the supplementary norm to paragraph 1 of Article 43 — if the higher education institution has been liquidated without determining a legal successor, has lost authorisation, or the educational programme is no longer delivered — the student's right to mobility arises regardless of the duration of study at that institution. What is decisive here is not the student's length of study but the fact that the institution or the programme has ceased to exist.
Recognition of credits — the real substance of a transfer
Article 50-1 provides that a higher education institution is authorised to recognise the learning outcomes achieved by a person within an educational programme of the respective level of academic higher education, for the purposes of completing another programme of the same level and granting the respective qualification. Subject to recognition are the credits received within a higher education programme in which enrollment and study take place in accordance with Georgian legislation.
For the purpose of credit recognition, the institution determines the compatibility of the learning outcomes achieved within another programme of the same level with the corresponding programme, and itself adopts the decision on the recognition of the respective credits. An important guarantee lies in paragraph 4 of Article 50-1: as a result of substantive study of the courses envisaged by educational programmes, the correspondence of those courses may be established despite the differences in their names — a difference in a course title is therefore not a ground for refusing a credit where the content is compatible.
Paragraph 5 of Article 50-1 entitles the institution, in the manner established by Georgian legislation, to calculate the student's workload in credits even for a programme that is not fulfilled in accordance with the European Credit Transfer System. Credit recognition takes place according to the procedure established by the institution's charter, while in cases of mobility and the recognition of education received abroad it follows the rules established by the Minister of Education and Science.
Exchange programmes and the prohibition of status suspension
Article 49-2 regulates exchange educational programmes. Before concluding a student-exchange agreement with a foreign partner, a Georgian higher education institution is obliged to obtain from the National Center for Educational Quality Enhancement written information on whether the foreign institution is recognised in accordance with the legislation of its own country. This precondition protects students from exchanges with partners whose diplomas would subsequently not be recognised.
An outgoing participant of an exchange programme continues studies according to the procedure established by the legislation of the foreign country, while an incoming participant who holds student status at a recognised foreign institution continues studies at the Georgian partner institution at the corresponding level, on the basis of an act issued by the head of that institution. The decisive guarantee is in paragraph 4 of Article 49-2: it is impermissible to suspend the student status of a participant of an exchange educational programme who has left Georgia within the framework of that programme. A student returning from an exchange retains the status and continues studying.
Frequently asked questions
Below we answer the questions that arise most frequently in the practice of educational disputes.
When may a student transfer to another institution?
Under the ordinary rule — from the second year of study, in the manner established by legislation and the receiving institution's charter. If the institution has been liquidated without a successor, has lost authorisation or the programme is no longer delivered, the right to mobility arises regardless of the duration of study.
Who decides the recognition of credits?
The receiving higher education institution — it determines the compatibility of learning outcomes with the corresponding programme and adopts the decision. Through substantive study, the correspondence of courses may be established despite differences in their names.
Is status suspended while studying abroad on an exchange programme?
No. It is impermissible to suspend the student status of a participant of an exchange educational programme who has left Georgia within its framework — the status remains in force and studies continue upon return.
How are credits counted if the programme is not fulfilled under the European Credit Transfer System?
The institution is entitled to calculate the student's workload in credits for such a programme as well, under the procedure established by legislation — a formal difference of system does not automatically nullify learning outcomes.
How We Help on Legal.ge
The Legal.ge team will assist you at every stage of mobility: we will assess the existence of the right to transfer, review the receiving institution's charter, help you appeal a refusal to recognise credits, and defend your status during an exchange programme. Contact us — at the first consultation we will draw up a legal plan for your situation.