The Right to Labour Activity — What It Is and Who Needs It

Article 3 of the Law on Labour Migration defines the basic concepts: a labour immigrant is an alien who does not hold a permanent residence permit in Georgia and who enters Georgia for employment with a local employer and remunerated labour activity; a local employer is a legal entity registered in Georgia, an individual entrepreneur registered in Georgia, a cooperative, a representative office of a foreign organisation registered in Georgia, or a person lawfully residing in Georgia who is entitled under Georgian legislation to have an employment relationship with such an alien.

Within this framework Article 13-4 establishes the core rule: where a labour immigrant is employed by a local employer for remunerated labour activity, he is obliged to obtain the right to labour activity through the local employer, while a self-employed alien obtains it directly. Confirmation of the right to work is thus a specific state procedure, without which remunerated activity counts as a violation.

The Grant Procedure

An application for the grant of the right to labour activity is submitted to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs: by the self-employed alien directly, and by the local employer after the conclusion of the employment contract. The ministry starts the envisaged procedures and adopts one of two decisions: to grant the right or to refuse it. During the examination the ministry may request additional information from the employer or the self-employed alien or require the elimination of inaccuracies.

The deadline is set by law: after the complete submission of the application and accompanying documentation, the total examination period must not exceed 30 calendar days. The results are communicated electronically to both the employer and the immigrant.

After Obtaining the Right — the Next Steps

Article 13-5 determines what the immigrant must do after obtaining the right. If he is not yet on the territory of Georgia, he must apply for a D1 immigration visa no later than 30 calendar days from obtaining the right. If he is already in Georgia, he must apply for a work residence permit no later than 10 calendar days.

Where the immigrant already holds a residence permit of a type defined by legislation, or carries out his activity fully remotely and does not need to enter Georgia, this obligation does not apply. On the employer's side it is important that early termination of the contract or an amendment to it must be reflected in the special electronic system of labour migration within 5 calendar days; and where the relationship is to continue, an extension of the right must be requested no less than 30 calendar days before its expiry.

Grounds for Refusal

Article 13-6 provides that the right is refused where: incomplete information or documentation has been submitted and the defect is not eliminated within 10 calendar days of its detection; an application for extension is submitted in breach of the prescribed deadlines; the alien's profession and position do not correspond to the demands and needs of the Georgian labour market or appear on the restricted list; proceedings on expulsion have begun or an expulsion decision has been adopted; or the documentation confirming compliance with the criteria of activity has not been presented.

This list shows exactly where applications most often fail: the completeness of documentation and the observance of deadlines are decisive.

Appeal of the Decision

A decision on the grant of the right to labour activity may be appealed in court within 1 month of notification. At the same time the law precisely defines the effects of the appeal: during its examination it does not create the alien's right to work in Georgia, does not create a basis for postponing the obligation to leave Georgia, and does not hinder the examination of the expulsion issue or the execution of an expulsion decision.

Appeal is therefore both possible and necessary, but it does not change the status pending its examination — planning of timelines is especially important here.

Frequently Asked Questions

Below we answer the questions most frequently raised about confirming the right to work.

Who submits the application?

The local employer after concluding the contract; a self-employed alien personally. Examination does not exceed 30 calendar days.

What happens after the right is granted?

An immigrant abroad must apply for a D1 visa within 30 calendar days; one already in Georgia — for a work residence permit within 10 calendar days.

When is the right refused?

Where documentation defects are left uncorrected, where deadlines are breached, where the profession is incompatible with market demands or restricted, and where expulsion proceedings exist.

Can a refusal be appealed?

Yes — in court, within 1 month of notification; the appeal does not itself create the right to work.

When should an extension be requested?

No less than 30 calendar days before the expiry of the right — by the employer.

How We Help on Legal.ge

The Legal.ge team will help you prepare the application and control the completeness of documentation, plan the timelines — from visa to residence — and, where a refusal is issued, build the position for a court appeal.

Employer Compliance

I-9 Compliance

Right to Work Verification

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Employer Compliance

I-9 Compliance

Right to Work Verification

Related Categories