A draft bill has been prepared by the Ministry of Internal Affairs of Georgia (MIA) to establish effective mechanisms for managing migration processes and strengthening state security. The proposed legislation introduces amendments to the Law of Georgia on the Legal Status of Foreigners and Stateless Persons, along with a package of related legislative changes.
According to the Ministry, the current legal framework contains no detailed regulations governing foreign students’ studies. In practice, cases have arisen where foreign nationals formally enrol at universities, yet their genuine academic engagement cannot be verified.
“With this in mind, the amendments will establish additional preconditions for the admission of foreign students to higher and vocational educational institutions, such as the submission of an internationally recognised language certificate and/or passing a foreign or state language examination organised by NAEC. This regulation will prevent students from being enrolled in foreign-language programmes without genuinely possessing the requisite language competency. Furthermore, by decree of the Government of Georgia, maximum quotas will be set for the admission of foreign students at educational institutions.
Additionally, educational institutions will be required to log all data concerning a foreign student’s lifecycle within a unified information system accessible by relevant state authorities. This obligation covers eligibility, enrolment, suspension, termination, reinstatement, transfer, and completion of studies. Administrative liability will be introduced for educational institutions that violate foreign student registration rules. Sanctions will range from financial penalties to restrictions on foreign student intake and the withdrawal of accreditation.
The legislative amendments will also regulate matters relating to study residence permits, which will henceforth be issued to adults only in cases of enrolment at an accredited higher or vocational educational institution.
The legislative package further defines the grounds for terminating a foreign student’s right to remain in Georgia; that is, for revoking a residence permit, including instances where the student fails to meet academic requirements, breaches the conditions of their employment, or is not physically present on Georgian territory for the period prescribed by law.
The amendments further regulate the issuance of residence permits on the grounds of marriage between a Georgian citizen and a foreign national. A new category of residence permit will be introduced: a spouse of a Georgian citizen residence permit, to be issued before obtaining a permanent residence permit. Before such a permit is granted, the authenticity of the marriage will be verified by a specially established commission.
Under the legislative amendments, a marriage of convenience between a Georgian citizen and a foreign national, entered into for the purpose of obtaining Georgian citizenship, a Georgian residence permit, and/or any other legal basis for lawful stay in Georgia, will become a criminal offence. Penalties will include deportation from Georgia and a ban on re-entry for a period of between two and ten years, or a fine, or house arrest for a period of one to two years, or imprisonment for a term of up to two years.
The legislative package also provides for the replacement of the unserved portion of a foreign national’s sentence with deportation from Georgia and a ban on entry into the country, subject to the conditions established by Georgian legislation.
Furthermore, to combat illegal migration and ensure its prevention and suppression, the Migration Department of the Ministry of Internal Affairs of Georgia will be granted the authority to conduct operational and investigative activities.
The package also introduces significant changes to judicial proceedings, specifically, reducing the timeframes for appealing decisions, establishing expedited timelines for the examination of cases, and, in certain instances, allowing cases to be considered without an oral hearing.
“The legislative amendments presented, prepared by the Ministry of Internal Affairs in close coordination with the Ministry of Justice and the Ministry of Education, Science and Youth, respond to contemporary migration challenges and ensure the establishment of a more effective, transparent and secure system for regulating the stay of foreign nationals in Georgia,” the Ministry stated.
