Residence permit for IT specialists and IT entrepreneurs: what to do under Georgian law

What to do

1. Category: a separate type of residence permit for an IT employee with the right to work, an individual entrepreneur in IT, a head of an international IT company, and their families (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 15). An individual entrepreneur must have small business status and carry out IT activity from the list approved by the Government (Art. 15). The thresholds for the employment residence permit do not apply here.
2. The IT residence permit does NOT give the right to work: a foreigner without a PERMANENT residence permit (including one holding an IT residence permit) may work or run a business for income only after obtaining the right to work; the IT permit does not replace it (Decree on the Right to Work, Art. 2). Procedure: apply for the residence permit no later than 10 calendar days after obtaining the right to work (Law of Georgia on Labour Migration, Art. 13⁵); missing the deadline or a refusal of the IT permit terminates the right to work (Art. 13⁷); a self-employed person loses the right to work when absent for more than 6 months (Art. 13⁷).
3. IT employee and entrepreneur: at least 2 years of IT experience (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 15); annual income from IT of at least USD 25,000 (Art. 15). Head of a company: must confirm their authority (Art. 15).
4. Application: only for a person lawfully staying in Georgia (Art. 14); unlike the employment residence permit, it may also be applied for by a holder of a C visa (Art. 14); the decision is taken within 30 days (Art. 17). Validity: the IT residence permit is first issued for 3 years (Art. 16); it is extended in periods of 3 years, up to 12 years in total (Art. 16).
5. Risks: small business status is lost if income exceeds 500,000 GEL in each of two calendar years (Tax Code of Georgia, Art. 89). Refusal: a claim against a refusal must be filed within 1 month (APC, Art. 23).
6. Where to apply: Public Service Development Agency (residence permit); Ministry of Labour (right to work); tax authority (status); court.
7. Documents to prepare: small business certificate; contracts and income statements; confirmation of IT experience; family documents.
8. Pitfalls: the IT residence permit does not replace the right to work; the thresholds of the employment residence permit do not transfer to it; missing the application deadline after obtaining the right to work; loss of small business status, or a long absence from Georgia.

Be sure to check

• who qualifies (IT employee, individual entrepreneur in IT with small business status, head of an international IT company) and their family
• requirements: at least 2 years of experience and annual income from USD 25,000
• validity: first 3 years, extended in periods of 3 years up to 12 years
• whether the right to work is required, and the application deadlines