Author: Tatyana Gracheva
A foreign national can carry out professional activities without residence and work permits in certain cases
Nevertheless, this will be possible only for a specific project without long-term establishment in the local labor market.
Members of the ruling party are adding a special article to the Law on “Labor Migration” in this regard.
As the draft law says, a foreigner will be allowed to engage in short-term professional activity in Georgia without a work permit or a corresponding residence permit. For this, he must carry out an activity within the framework of a temporary visit, without long-term employment in the local labor market. It must be connected to a specific short-term project, event, or service.
A government decree will determine the list of such short-term professional activities, their duration, and the criteria for classifying them as short-term.
They will not consider as a labor immigrant a foreigner carrying out short-term professional activities or a self-employed foreigner in Georgia.
The list of activities exempt from the requirements of having a residence or a work permit will include individuals holding a valid special residence permit issued based on a written initiative of a member of the Government of Georgia. Also, employees of public institutions or enterprises with state participation will be included in the list. Moreover, remote workers from another country for a local employer will also be exempt from these requirements, as well as workers providing services to a non-resident entity related to activities carried out outside Georgia. The Law on “Accounting, Reporting and Auditing” will define managerial roles or participation in audit committees in first, second, and third category enterprises.
So, new reality needs to reduce bureaucratic pressure and to create a mechanism that allows for the legal recognition of short-term professional visits without requiring a residence permit. The current legal framework on labor migration cannot do this.
Due to this reason, the Government of Georgia decided to define detailed criteria. New legal acts will ensure greater flexibility and efficiency. They will allow timely adjustments to types of activities and durations in line with the country’s needs and optimize labor migration management.
According to the initiating members of Parliament, this will provide a differentiated approach based on the duration and nature of employment and remove unnecessary administrative barriers.
Undoubtedly, administrative barriers do not correspond with the dynamic nature of the labor market. So, they decided to exempt certain specific activities from the requirements of the law on “Labor Migration.”
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