In order to create effective mechanisms for managing migration processes and strengthen state security, the Ministry of Internal Affairs of Georgia has prepared a draft amendment to the Law of Georgia “On the Legal Status of Foreigners and Stateless Persons” and the legislative amendments arising from it.

The current legal framework does not define detailed regulations regarding the study of foreign students. In practice, there are cases when a foreign citizen is formally enrolled in a university, although participation in the educational process is not actually confirmed.

Taking into account the above mentioned fact, the amendments determine additional prerequisites for the admission of foreign students to higher and vocational educational institutions, such as submitting an international language certificate and/or passing a foreign language/state language exam organized by NAEC. The aforementioned regulation excludes the enrollment of a student in a foreign language program without actually possessing the appropriate language competence. In addition, under the resolution of the Government of Georgia, a maximum quota for the admission of foreign students will be established for educational institutions.

In addition to the mentioned, an educational institution will be obliged to reflect information on the acquisition of the right to enroll a foreign student, enrollment, suspension/termination/restoration of student status, mobility, completion of studies, and other information in a unified information system, which will be accessible to relevant state agencies. Educational institutions are administratively liable for violating the rules for the registration of foreign students, and a fine, as well as restrictions on the admission of foreign students and cancellation of authorization may be used as a sanction.

Issues related to study residence permits will also be regulated by legislative amendments. The aforementioned permit will be issued to an adult only if he/she is studying at an authorized higher or vocational educational institution.

The package of legislative amendments also defines the grounds for terminating the period of stay of a foreign student in Georgia (cancellation of the residence permit), including if he/she fails to meet academic requirements, violates the terms of employment, or is not actually present on the territory of Georgia for the period specified by law.

The legislative amendments also regulate issues related to the issuance of a residence permit based on marriage between a Georgian citizen and a foreigner. A new type of residence permit is defined - a residence permit for the spouse of a Georgian citizen, which is issued before obtaining a permanent residence permit. In addition, the validity of the marriage will be verified before the mentioned residence permit is issued, and a special commission will be established for this purpose.

According to the legislative amendments, a fictitious marriage between a Georgian citizen and a foreigner for the purpose of obtaining Georgian citizenship, a residence permit in Georgia, and/or another legal basis for legal stay in Georgia will be punishable under criminal law. The punishment will include the expulsion of the foreigner from Georgia and a ban on entry into Georgia for a term of two to ten years, or a fine, or house arrest for a term of one to two years, or imprisonment for a term of two years.

The legislative package also envisages the replacement of the unserved part of the sentence for a foreign convict by expulsion from Georgia and a ban on entry into the country, in compliance with the conditions established by the legislation of Georgia.

With the legislative amendments, the Migration Department of the Ministry of Internal Affairs of Georgia will be granted the authority to carry out operational-investigative measures in order to combat, prevent and suppress illegal migration.

In addition, the legislative package introduces significant changes in the part of judicial proceedings. In particular, the deadlines for appealing a decision are reduced, tighter deadlines for reviewing cases are established, and in some cases it becomes possible to review cases without an oral hearing.

The presented legislative amendments, which were prepared under the authorship of the Ministry of Internal Affairs, in close coordination with the Ministry of Justice and the Ministry of Education, Science and Youth, respond to modern migration challenges and ensure the establishment of a more effective, transparent and secure system for regulating the stay of foreigners in Georgia.