How the Right to Work Is Obtained
The Law of Georgia on Labour Migration requires a special right for the remunerated labour activity of an alien in Georgia. Under Article 13-4, where a labour immigrant is arranged for employment with a local employer and carries out remunerated labour activity, he is obliged to obtain the right to labour activity through the local employer, while in the case of a self-employed alien — directly in person. This means that the subject who submits the application determines the form of the procedure: for a hired alien the application is submitted by the employer, while a freelancer applies himself.
The application is addressed to the ministry of internally displaced persons from the occupied territories, labour, health and social affairs. The employer submits the application after the conclusion of the employment contract — that is, the contract is concluded first, and only then does the procedure of granting the right begin. After receiving the application the ministry starts the procedures envisaged for granting the right to labour activity and takes one of two decisions: to grant the right or to refuse it. During the examination the ministry is entitled to request additional information from the employer or the self-employed alien or the elimination of inaccuracies revealed, so the correctness of the application must be ensured from the outset.
Deadlines and the Service Fee
The time frame of the procedure is precisely defined by law: after the complete submission of the application and the accompanying documentation, the total period for examining an application for the granting of the right to labour activity must not exceed 30 calendar days. The same period applies to the examination of an application for the extension of the validity of the right — 30 calendar days.
The service is subject to a fee: for a labour immigrant the fee for the service of granting the right to labour activity, including in the case of grant under an accelerated administrative procedure, is determined at not more than 500 GEL and is paid into the budget of the state agency for employment support. The amount of the fee, the procedure and conditions of payment are determined by a government decree. When planning, both the cost and the deadline must be taken into account — especially where the date of starting the activity has already been agreed.
The Steps After Obtaining the Right
Article 13-5 determines what the alien must do after obtaining the right. If he is not yet on the territory of Georgia, he must, no later than 30 calendar days from obtaining the right, apply to the authorised body for an immigration visa of category D1. If he is already in Georgia, he must, no later than 10 calendar days, apply for a work residence permit or a residence permit for a person employed in the field of information technology.
An exception exists: the alien is not obliged to comply with these requirements if he already holds any type of residence permit defined by the legislation, or if he carries out his labour activity fully remotely and this activity does not require entry into the territory of Georgia. For remotely working aliens this norm creates a significant simplification — the right operates even without physical presence in Georgia.
The Employer’s Duties and the Extension of the Term
The employer’s duties are concrete: in the case of early termination of the employment contract concluded with a labour immigrant holding the right to labour activity, or of a change in the contract, the employer is obliged to reflect the relevant information in the special electronic system of labour migration within 5 calendar days of the day of termination or change. To continue the relationship, the employer must request the extension of the right not less than 30 calendar days before the expiry of the right issued to the immigrant; the same period is observed by the self-employed alien.
The right to labour activity is granted as the right to work with a specific local employer, while in the case of a self-employed alien — with an indication of a specific specialty and labour or entrepreneurial field. This means that a change of employer requires a new application, and a change of specialty or field requires a new right for the self-employed. The ministry notifies the parties of the results of the examination electronically.
Grounds for Refusal and Appeal
Article 13-6 establishes the list of grounds for refusal: refusal follows where incomplete information or documentation has been submitted and the defect has not been eliminated within 10 calendar days of its establishment; where an application for extension has been submitted in violation of the established periods; where the alien’s profession or qualification does not correspond to the demands and needs of the Georgian labour market or is on the list of restricted professions; where the issue of the alien’s expulsion from Georgia has begun to be examined or a decision on expulsion has been taken; or where the documentation confirming compliance with the criteria of the activity, or other mandatory documentation, has not been submitted.
The decision may be appealed to the court within 1 month of notification. The effect of the appeal is important: during the examination of the appeal it does not create the alien’s right to work in Georgia, does not give grounds for deferring the obligation to leave, and does not hinder the examination of the issue of expulsion or the execution of an expulsion decision. Therefore, in the case of refusal the strategic decision — appeal, a new application, or both together — must be taken quickly.
Frequently Asked Questions
Who submits the application for the right to work?
For a hired alien — the local employer after the conclusion of the employment contract; a self-employed alien applies to the ministry personally.
Within what time is the application examined?
After the submission of complete documentation the total period of examination does not exceed 30 calendar days; an application for extension is examined within the same period.
What follows after obtaining the right?
An alien abroad must apply for a D1 visa within 30 days; an alien in Georgia must apply for a work residence permit within 10 days, unless he already holds residence or works fully remotely.
What is the service fee?
The fee is not more than 500 GEL, including accelerated grant; the amount and the procedure of payment are determined by a government decree.
How We Help on Legal.ge
On Legal.ge we assist in the full cycle of obtaining the right to work: we will check the completeness of the documentation, plan the application and the deadlines, help with the request for a D1 visa or a residence permit, and defend you in the case of refusal — including appeal to the court. Contact our team before starting the process.