Visa overstay and the regulation of legal status in Georgia is one of the most critical and often misunderstood issues for foreign citizens. It is important to emphasize that under Georgian legislation, the "extension" of a standard tourist visa (Category C1) without leaving the country, solely for tourism purposes, is practically impossible. However, there are legal mechanisms, specifically the "Deferral of the Obligation to Leave Georgia," which allow a foreigner to remain in the country after the visa expires if there are valid, objective circumstances. This service is vital for those who, due to force majeure, health conditions, or other urgent necessities, are unable to leave the country and wish to avoid illegal status, fines, and deportation. Specialists on Legal.ge will help you navigate this complex process in a legally sound manner.
This service encompasses comprehensive legal assistance aimed at maintaining or restoring the foreigner's legal status. Specific services include:
- Legal Audit: Accurate calculation of the client's visa history, entry date, and remaining days within the 180-day period.
- Deferral of Obligation to Leave: Preparing and submitting applications to the Public Service Hall for individuals with legal grounds for deferral (illness, pregnancy, litigation).
- Medical Documentation Preparation: Legal assessment of medical certificates (Form #100) and relevant conclusions if remaining due to health conditions is necessary.
- Fine Regulation: If the visa term has already been violated, determining the fine amount, managing the payment procedure, and organizing departure with minimal legal damage.
- Court Representation: If deportation is being considered, lawyer involvement in court proceedings and utilizing the right to appeal.
- Status Change Strategy: Analyzing opportunities to transition from a tourist visa to a residence permit before the term expires.
In real life, this service is often needed during unforeseen events. Let's consider several scenarios: First, a tourist is involved in a car accident or requires emergency surgery and physically cannot leave the country before the visa expires. In this case, obtaining a deferral is mandatory. Second, a foreign woman is in the late stages of pregnancy, and doctors advise that flying is dangerous for her. Third, a foreigner is involved in an ongoing criminal or civil court case (e.g., as a witness or victim) and cannot leave Georgia until the process concludes. Fourth, a student's residence card issuance is delayed due to a technical error, and they need interim legal status to avoid fines.
Legal regulations in this area are strict and based on the "Law of Georgia on the Legal Status of Aliens and Stateless Persons." Article 49 of the law defines specific grounds for deferring the obligation to leave Georgia. These include: health condition, force majeure situation, court proceedings, and other valid reasons. A deferral can be issued once for a period not exceeding 3 months. Also important is the "Administrative Offences Code of Georgia," which sets fines for overstaying legal presence (starting from 180 GEL). The Public Service Development Agency is the authorized body that reviews deferral requests.
The process begins with identifying the problem. If the person still has legal stay time but knows they cannot leave the country, they must apply to the Public Service Hall before the term expires. The application must be accompanied by supporting documents (e.g., certificate from a hospital, court summons). The Agency reviews the application within 3 working days. In case of a positive response, the person is granted the right to stay legally temporarily. If the term is already violated, the lawyer helps the client pay the fine and leave the country in a manner that avoids a future re-entry ban (deportation). Qualified lawyer involvement reduces risks and ensures compliance with the law.
Legal.ge is your reliable partner in crisis situations. We understand that visa problems come with significant stress. Immigration lawyers registered on our platform will help you objectively assess the situation and find a solution. Do not wait for the term to expire — timely reaction is the key to success.
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