Georgia’s disputed parliament expanded exemptions to the newly-tightened labor migration law for a wider range of foreign professionals and introduced a new framework for short-term work requiring no work or residence permit. The amendments to the law were fast-tracked and adopted on April 15, with 75 MPs voting in favor and none against.
The changes follow the entry into force of stricter labor migration rules on March 1, which require foreigners without permanent residence to obtain a work permit (“right to work”) for employment in Georgia. In addition, a government decree banned foreigners without permanent residence permits from working in certain sectors, including courier and taxi services. The rules also complicated the procedures for locals who seek to employ foreigners, openly prioritizing the employment of the local workforce.
Per the new April amendments, however, the rules under the Labor Migration Law will not apply to individuals:
- Holding a valid special residence permit issued on the basis of a written initiative by a member of the Government of Georgia;
- Carrying out short-term professional activities in Georgia as defined by a government decree, unless otherwise provided by Georgian legislation;
- Working for a public institution or an enterprise with state ownership participation;
- Performing work activities entirely remotely for a local employer, where such work does not require their entry into Georgia;
- Providing work or services for a nonresident, where such activities are related to the nonresident’s operations outside Georgia.
- Performing work or providing services for a nonresident, where such work or services are related to the nonresident’s activities outside Georgia;
- Carrying out managerial or executive functions in a first-, second-, or third-category enterprise defined under the Law of Georgia on Accounting, Reporting and Auditing, or serving on an audit committee under the Law on Entrepreneurs;
- Engaging in activities related to conservation, restoration, and/or rehabilitation works on cultural heritage monuments.
Already exempt from the law’s application were refugees, asylum seekers, employees of diplomatic missions and international organizations, accredited foreign journalists, individuals whose employment conditions are governed by international treaties, and holders of investment residence permits.
In addition, the amendments introduced new provisions on “short-term professional activities” in Georgia, a type of work that will not require a work permit or a relevant residence permit, provided that the activity “takes place during a temporary visit, does not constitute long-term employment in the local labor market, and is linked to a specific short-term project, event or service.”
The law stipulates that the list of such short-term professional activities that may be carried out by a foreigner is determined by a government decree.
According to the explanatory note, “practical challenges have shown that in cases where a foreign specialist’s visit is short-term and linked to a specific, one-time project or service, applying general immigration filters creates unnecessary administrative barriers.” It added that “it became necessary to relieve such legal relationships from bureaucratic pressure.”
The amendment “aims to create a mechanism that ensures the legal recognition of short-term professional visits without the obligation to obtain a residence permit,” the note said.
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