Overstayed in Georgia: fine and consequences: what to do under Georgian law

What to do

1. The overstay is counted from the end of lawful stay: you must leave before the lawful period expires (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 47); for visa-free stay, up to 90 calendar days in any 180-day period (Art. 10); for countries on the Government’s list, a full year (Art. 10).
2. Sanction: an overstay of up to 3 months: GEL 1,000 and an entry ban for 6 months (AOC, Art. 191); up to 1 year: a fine of GEL 2,000 and an entry ban for 2 years (AOC, Art. 191); more than 1 year: a fine of GEL 3,000 and an entry ban for 3 years (AOC, Art. 191). Exception: no fine applies if the person leaves within 30 calendar days of the termination of a residence permit (on certain grounds) or of a refusal of asylum or of stateless-person status (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 47).
3. Payment: the fine may be paid before or after departure (Art. 47); until it is paid, entry and visas are refused (Art. 47). The case is considered by the Ministry of Internal Affairs (AOC, Art. 209); the ruling may be appealed within 10 days of its service (AOC, Art. 273).
4. Regularisation: a residence permit is issued only to a person lawfully staying in Georgia (Art. 14); departure may be postponed (illness, pregnancy, court proceedings, an application for a residence permit); the Agency decides within 5 calendar days (Art. 48).
5. Expulsion: the absence of a lawful basis for stay is grounds for expulsion (Art. 51); an expelled person is subject to an entry ban of 2 to 5 years (Art. 63); voluntary departure does not exempt from the fine (Art. 54).
6. Where to apply: Ministry of Internal Affairs (protocol, fine, expulsion); Public Service Development Agency (postponement); court.
7. Documents to prepare: passport with entry records; visa or residence permit; decisions of the bodies; medical certificates.
8. Pitfalls: relying on old, smaller fines, as the scale has been raised and an entry ban has been added; thinking that an unpaid fine lapses after departure; applying for a residence permit after the stay has expired.

Be sure to check

• fine amounts by length of overstay: up to 3 months, up to 1 year, more than 1 year
• entry ban as part of the sanction, and the consequences of non-payment
• payment before or after departure; appeal of the ruling
• whether status can be regularised (residence permit only for lawful stay, postponement of departure) and the risk of expulsion