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.