The Possibility of Extending a Visa's Validity
The expiry of a visa does not always mean an immediate departure from the country — but the right of extension under the law operates through a precisely defined list. Under Article 9 of the Law on the Legal Status of Aliens, an alien staying in Georgia may request the extension of only short-term diplomatic and special visas, and of D3 and D5 category immigration visas, provided he continues to satisfy the conditions on which the visa was issued. Holders of other visa categories must therefore plan their departure before expiry or look for another legal route. When a D5 visa is extended, the alien is relieved of the obligation to submit a fresh valuation of the market value of the immovable property, while the right to extend a D3 visa belongs to persons coming to conduct research at an authorized educational institution and to persons coming to study within international programs, where the ground of extension does not provide for their staying in Georgia for more than 3 months.
The Consequences of Overstaying and Grounds for Refusal
Staying without a lawful ground has far-reaching consequences for an alien, because Article 11 ties the grounds for refusing a visa or entry directly to such a stay. Refusal may follow where the alien lacks the necessary documents, is banned from entry, or has not paid the fine imposed for staying in Georgia without a lawful ground; an unpaid fine imposed by legislation counts as well. Further grounds include the submission of incomplete or false data or documents, the absence of health and accident insurance or of sufficient funds for living and return, a threat to state security or public order and to the health, rights and lawful interests of persons in Georgia, foreign-policy considerations, and a well-grounded suspicion that the person will remain in the country unlawfully after the visa expires. An alien refused entry at a border checkpoint is returned, and where he cannot immediately leave the border control zone he is temporarily placed there under supervision. It should also be noted that in defined cases the refusal decision is not subject to appeal at all.