The Legal Issues Committee considered, under an expedited procedure and at I reading, the draft Law on the Legal Status of Foreigners and Stateless Persons, together with related draft laws, and endorsed the legislative package.

According to the presenter, Deputy Interior Minister Aleksandre Darakhvelidze, under the proposed regulations, a foreign national wishing to enroll in a Georgian university will be required to submit a language proficiency certificate in accordance with requirements established by the Government of Georgia. In addition, the National Assessment and Examinations Centre will be authorized, in specific cases, to organize foreign language examinations.

He further explained that the amendments introduce an obligation for foreign students studying in Georgia to earn at least one-third of the credits prescribed by legislation during an academic year.

According to the draft law, if a foreign student suspends his or her student status for more than 90 days, this will constitute grounds for the revocation of the student’s residence permit. Likewise, if a foreign student remains outside Georgia for more than 183 days without a justified reason (in an exchange programme or medical necessity), this will also serve as grounds for the termination of residence rights.

Aleksandre Darakhvelidze stated that a unified information system will be established within the Ministry of Education, Science and Youth of Georgia, where information regarding the enrollment, studies, and suspension of status of each foreign student will be recorded.

He also noted that if a foreign student seeks reinstatement of student status following a suspension, such reinstatement must occur within the limits established by the relevant university.

The Deputy Minister further explained that the amendments address the issue of granting permanent residence permits following marriage to a Georgian citizen. Specifically, a new provision will be added to the Criminal Code making fictitious marriage, or participation in such a marriage, a punishable offence when the purpose is not to create a family but rather to obtain the legal right of residence in Georgia.

“If it is established that the marriage is genuine, a specific mechanism will apply. Permanent residence will not be granted immediately. Instead, a new category of permit — a residence permit for the spouse of a Georgian citizen — will be introduced. It will initially be issued for one year and subsequently renewed for two-year periods. The marriage will be monitored over a total period of five years, after which, if its authenticity is confirmed, a permanent residence permit will be granted”, - Aleksandre Darakhvelidze stated.

The legislative package also includes amendments to the Criminal Code providing that the Local Council of the Special Penitentiary Service may replace the unserved portion of a prison sentence imposed on a foreign national with expulsion from Georgia and a ban on re-entry. This measure would apply to foreign prisoners serving fixed-term imprisonment, except those held in special-risk penitentiary institutions. Under the proposal, such replacement may occur after the offender has actually served at least one-third of the sentence for a less serious crime, at least one-half for a serious crime, and at least two-thirds for a particularly serious crime.

According to the Deputy Minister, the purpose of the amendments is to improve the management of migration processes and strengthen efforts to combat irregular migration.