Obtaining Georgian citizenship: what to do under Georgian law

What to do

1. Choose the basis: under the general procedure, lawful continuous residence in Georgia for the 10 years before the application, knowledge of the State language, history and the basics of Georgian law (Law of Georgia on Citizenship, Art. 12), plus employment, real estate, business or a share in an enterprise in Georgia (Law of Georgia on Citizenship, Art. 12). For a spouse of a Georgian citizen, a simplified procedure applies: lawful continuous residence for the last 5 years and knowledge of the language, history and basics of law (Law of Georgia on Citizenship, Art. 14). For a stateless person with status in Georgia: 5 years of lawful continuous residence in that status (Law of Georgia on Citizenship, Art. 12). For repatriates, a special procedure applies and the general requirements do not (Law of Georgia on Citizenship, Art. 14).
2. Check the period and its continuity: continuity means that within any year the person has not been outside Georgia for more than 90 days in total (a study abroad of up to 2 years and medical treatment are not counted) (Law of Georgia on Citizenship, Art. 2); the basis of stay must be lawful throughout the whole period.
3. Procedure: the language, history and basics-of-law exams are taken BEFORE the application is submitted; the result is valid for 1 year (Law of Georgia on Citizenship, Art. 24); the application is submitted to the Public Service Development Agency or to a Georgian consulate abroad (Law of Georgia on Citizenship, Art. 22); review and decision take no more than 3 months (Law of Georgia on Citizenship, Art. 26). Dual citizenship: a decree granting citizenship to a foreigner (other than under the exceptional procedure) takes effect only upon receipt of a document confirming release from the other citizenship (Law of Georgia on Citizenship, Art. 15).
4. Refusal: naturalisation is refused in cases of international or especially serious crimes, a person being wanted, extradition or expulsion, and on security grounds (Law of Georgia on Citizenship, Art. 16). The Constitutional Court declared invalid the ban on appealing to a court a refusal of naturalisation by the President, so the refusal can be challenged in court (Law of Georgia on Citizenship, Art. 29). General benchmark: a claim to oblige the issue of the act must be filed within 1 month of receiving the refusal (APC, Art. 23). After a refusal, a repeat application on the same basis is possible after 6 months (Law of Georgia on Citizenship, Art. 26).
5. Where to apply: Public Service Development Agency or a consulate (application); President of Georgia (decision); court (appeal of a refusal).
6. Documents to prepare: passport; residence permit and history of statuses; border-crossing records; marriage certificate; documents on employment, property or business; exam certificate.
7. Pitfalls: periods without a lawful basis of stay and long absences reset the “continuity” requirement; the exam is taken before the application and its result expires over time; keeping former citizenship under the general procedure is not possible, only the exceptional procedure is available.

Be sure to check

• residence period (10 years, or 5 for a spouse of a Georgian citizen) and its continuity
• exams and other requirements
• simplified procedure and release from former citizenship
• grounds for refusal and the possibility of appeal