On Approval of the Procedures for Issuing, Extending, and Terminating Georgian Visas

On Approval of the Procedures for Issuing, Extending, and Terminating Georgian Visas
Document number 280
Document issuer Government of Georgia
Date of issuing 23/06/2015
Document type Ordinance of the Government of Georgia
Source and date of publishing Website, 23/06/2015
Registration code 010120000.10.003.018665
Consolidated publications
280
23/06/2015
Website, 23/06/2015
010120000.10.003.018665
On Approval of the Procedures for Issuing, Extending, and Terminating Georgian Visas
Government of Georgia
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Initial version (23/06/2015 - 02/12/2015)

GOVERNMENT OF GEORGIA

ORDINANCE No 280

23 June 2015

Tbilisi

 

On Approval of the Procedures for Issuing, Extending, and Terminating Georgian Visas

 

Article 1

The attached Procedures for Issuing, Extending and Terminating Georgian Visas shall be approved under Article 6(9) of the Law of Georgia on Legal Status of Aliens and Stateless Persons.

 

Article 2

Under Article 25(1)(b) of the Law of Georgia on Normative Acts, Ordinance No 524 of 1 September 2014 of the Government of Georgia on Approval of the Procedures for Issuing, Extending and Terminating Georgian Visas shall be declared invalid.

 

Article 3

The Ordinance shall become effective upon its promulgation.

 

Prime Minister                                                                                                                                                       Irakli Gharibashvili

 

 

Procedures for Issuing, Extending and Terminating Georgian Visas

The Procedures for Issuing, Extending and Terminating Georgian Visas (the ‘Procedures’) are based on the Constitution of Georgia, the Law of Georgia on Legal Status of Aliens and Stateless Persons, and accepts the universally recognised principles and norms of international law.

 

Chapter I – General Provisions

 

Article 1 - Scope of regulation

The Procedures regulate matters related to the issuance, extension and termination of Georgian visas (the ‘visa’), and determine the authority of authorised state bodies with respect to these matters, unless otherwise determined by the legislation of Georgia.

 

Article 2 – Definition of terms

The terms used in the Procedures shall have the following meanings:

a) consular office of Georgia – a subdivision of the Ministry of Foreign Affairs of Georgia (the ‘Ministry’) abroad representing Georgia in consular relations with a host state, and in diplomatic relations with a state in which Georgia has no diplomatic mission;

b) diplomatic mission – a subdivision of the Ministry abroad representing Georgia in diplomatic and consular relations with an international organisation and a host state;

c) consular official – a diplomatic official defined under the Law of Georgia on Diplomatic Service, who performs consular functions as determined by the legislation of Georgia – an honorary consul of Georgia;

d) alien – a person who is not a citizen of Georgia and a person having a status of stateless person in Georgia;

e) stateless person – a person who is not considered by any state as its citizen under its legislation;

f) visa – a conditional permit of an established form issued by placing a visa blank into a travel document, or electronically (electronic visa), and which, provided there are no grounds to deny entry to Georgia, or no facts of termination of the period of stay, confirms the right of an alien to enter and/or stay in Georgia, or transit the territory of Georgia;

g) visa validity – the period during which an alien may enter and/or stay in Georgia;

h) invitation – an official document containing the written request of a citizen of Georgia, a person holding a Georgian residence permit, a legal person registered in Georgia, or of a Ministry of Georgia, the Office of the State Minister of Georgia, or a diplomatic mission, a consular office, or an international organisation accredited in Georgia, which confirms the purpose of arrival of an alien in Georgia;

i) travel document – a passport or other travel document serving as a passport substitute, and an ID document recognised by the legislation of Georgia or an international agreement of Georgia, which is suitable for travelling;

j) inspection at a border checkpoint – border migration control at the moment of entry and exit of an alien into/from Georgia;

k) family member – a spouse, child, parent of an alien or of a person having a status of stateless person in Georgia, and a person under guardianship or custody of an alien or a person having a status of stateless person in Georgia, and/or a fully dependent minor, and a beneficiary of support or a disabled person;

l) relative – a spouse, child, parent, sister, brother, grandfather, grandmother, grandchildren of an alien or a person having a status of stateless person in Georgia;

m) border checkpoint – a highway or section of a road, part of an area of the railway station, port, harbour, or airport (airfield) allowed for international travel, where border control related to crossing the state border of Georgia and other types of control determined under the legislation of Georgia is carried out;

n) freelancer – a person of a certain profession, who performs his/her professional activity independently, at his/her responsibility, in favour of other persons or in the public interest;

o) labour activity – any activity for which a person receives remuneration;

p) transit – crossing of the territory of Georgia with the aim to enter a third state;

q) period of stay in Georgia – the period indicated in a Georgian visa or Georgian residence permit, and the period determined under the legislation of Georgia during which an alien may stay in Georgia. The period of stay shall commence from the date an alien crosses the state border for the first time;

r) removal – an action by an authorised state body, which aims, if there are grounds under this Law, to ensure that an alien or a person having a status of stateless person in Georgia leaves Georgia against his/her will;

s) commercial agent – a legal person entrusted with the performance of certain activities necessary to issue a Georgian visa abroad;

t) e-VISA PORTAL – a special web page of the Ministry, namely, www.evisa.gov.ge, used by the Ministry to conduct activities related to the issuance of an electronic visa to an alien staying abroad;

u) www.geoconsul.gov.ge – the Ministry-administered web page used by the Ministry and a mission to conduct activities related to the issuance of a visa, except for the issuance of a short-term electronic visa on the basis of a visa application submitted through the e-VISA PORTAL;

v) information card – a document containing the personal data of an alien applicant for a visa,

the list of documents submitted to obtain a visa, and the requirements under the legislation of Georgia to be followed by an alien applicant for a visa.

 

Chapter II – Persons Who May Obtain Visas

 

Article 3 – Persons who may obtain visas

Aliens, including persons who do not hold documents evidencing citizenship of a country whose citizens may enter Georgia without a visa need to obtain a visa to enter Georgia, except when a visa is not required to enter Georgia under the legislation of Georgia.

 

Chapter III – Visa Categories and General Conditions for Visa Issuance

 

Article 4 – Visa categories and general conditions for visa issuance

1. Visas shall be divided into the following categories:

a) diplomatic (A category);

b) special (B category);

c) ordinary (C category);

d) immigration (D category);

e) transit (T category).

2. There are short-term and long-term visas with the right of a single entry or multiple entries. A short-term visa shall be issued with the right of a single entry or multiple entries into Georgia, and a long-term visa shall only be issued with the right of multiple entries.

3. A short-term single-entry visa shall be issued according to the number of days indicated by an alien in a visa application but for not more than 30 calendar days.

4. A short-term multiple-entry visa shall be issued for a maximum of five years. Besides, the total period of an alien’s entry and stay in Georgia in any 180-day period shall not exceed 90 calendar days.

5. A short-term multiple-entry visa shall be issued to aliens, who, under the procedures established by the legislation of Georgia, have visited Georgia at least once during the previous year, and there are grounds for requesting a short-term multiple-entry visa. The condition to visit Georgia during the previous year is not required for the issuance of diplomatic and special visas, and of a short-term multiple-entry electronic visa on the basis of a visa application submitted through the e-VISA PORTAL.

6. A long-term visa shall be issued with the right of multiple entries to Georgia for 90 calendar days or one year period of validity and stay. A long-term visa may only be of A2, B2, B3 or D categories. A long-term visa for one year validity period shall be issued only when a D5 category visa is issued.

7. An alien shall be entitled to apply to a visa issuing authority for a D4 category visa if:

a) his/her family member has applied for a D1, D2 or D3 visa, or has obtained one of the visas. In such a case, a D4 visa shall be issued to an alien if a D1, D2 or D3 visa was issued to a family member of the alien;

b) his/her family member legally stays in Georgia. For the purposes of issuing a D4 visa to an alien, the stay of an alien applicant’s family member in Georgia on visa basis shall not be considered a legal stay, except for the stay on the basis of a D1, D2 or D3 visa.

8. As an exception, based on international legal or humanitarian or national interests of Georgia, if an alien fails to meet the requirements and conditions established for obtaining a visa, a short-term single-entry B4 visa may be issued to the alien for the validity period of 30 calendar days.

9. Based on an ordinary short-term multiple-entry visa of any category, the second and every subsequent entry into Georgia shall be possible even if the purpose for accomplishment of which an ordinary visa of the given category was issued ceased to exist or has been achieved, but there is a purpose for another category of an ordinary short-term multiple-entry visa and/or a statutory condition for its issuance.

 

Article 5 – Diplomatic visas

Diplomatic visas of the following categories shall be issued:

a) A1 – to top officials of foreign legislative and executive authorities, members of top- and high-level delegations and their accompanying family members, arriving in Georgia on state, official, business, friendly or unofficial visits;

b) A2 – to employees of diplomatic and equivalent missions accredited to Georgia, and to consular officials and their family members; to employees of representation offices of international organisations located in Georgia, who have been granted the diplomatic status by Georgia, and to their family members;

c) A3 – to diplomatic couriers and persons arriving in Georgia on special diplomatic missions;

d) A4 – to honorary consuls of Georgia and their family members, provided they are foreign citizens;

e) A5 – based of the national interests of Georgia, to persons arriving in Georgia on various missions; to persons holding diplomatic passports and arriving in Georgia on a working visit;

 

Article 6 – Special visas

Special visas of the following categories shall be issued:

a) B1 – to members of foreign delegations; persons holding business/official passports and arriving in Georgia on a working visit; and to family members of the above mentioned persons and other accompanying persons;

b) B2 – to administrative, technical and service personnel of foreign diplomatic missions, consular employees and service staff of consular offices, and to their family members and private domestic servants; to employees of representative offices of international and humanitarian organisations located in Georgia and their family members; to private domestic servants that accompany the A2 diplomatic visa beneficiaries;

c) B3 – to persons arriving in Georgia under bilateral and multi-lateral treaties of Georgia, members of the peace-keeping forces and other military contingents deployed in Georgia under an international agreement of Georgia, and their family members;

d) B4 – based on the national interests of Georgia, to persons arriving in Georgia on various missions; also in exceptional cases, on the basis of international legal or humanitarian grounds or the state interests of Georgia, when an alien fails to meet the requirements and conditions established for obtaining a visa.

 

Article 7 – Ordinary visas

Ordinary visas of the following categories shall be issued:

a) C1 – to persons arriving in Georgia for tourism purposes;

b) C2 – to persons arriving in Georgia to visit relatives and friends;

c) C3 – to persons arriving in Georgia to hold business meetings and negotiations; participants of scientific workshops, conferences or other research, pedagogical, cultural or sports events; persons arriving in Georgia to engage in journalistic activity; crew members of ships anchored in Georgian harbours, unless visa-free travel of the crew members is provided for by an international agreement of Georgia; principal drivers and co-drivers of cargo/passenger vehicles during international cargo/passenger transportation;

d) C4 – to persons arriving in Georgia to receive or provide humanitarian assistance during situations posing risk to life and health, or to carry out charity activities; a guardian or a custodian of a Georgian citizen; persons under guardianship or custody of a Georgian citizen; persons arriving in Georgia for medical reasons; persons visiting graves of relatives and friends; persons arriving for pilgrimage and establishment of religious contacts;

 

Article 8 – Immigration visas

Immigration visas of the following categories shall be issued:

a) D1 – to persons arriving in Georgia to conduct labour activities; representatives and consultants of companies and firms who travel to Georgia to perform their official duties; aliens entering Georgia to work under concluded contracts; persons arriving in Georgia to carry out entrepreneurial activity under the Law of Georgia on Entrepreneurs;

b) D2 – to persons arriving in Georgia on scientific, sports, cultural or educational mission; freelancers; aliens visiting Georgia to take an internship, or as volunteers; mass media workers visiting Georgia to perform their official duties;

c) D3 – to persons arriving in Georgia to study or conduct research in or at the premises of authorised educational institutions in Georgia; persons arriving in Georgia to study under international programmes;

d) D4 – to persons arriving in Georgia for family reunification;

e) D5 – to persons who, under the procedure established by the legislation of Georgia, have the right of ownership of real property within the territory of Georgia (other than agricultural land) with its market value exceeding USD 35 000 equivalent in Georgian laris, and their family members. To grant D5 immigration visa, the market value of the real property shall be established by a certified assessor of a body accredited by the Legal Entity under Public Law – the Georgian Unified National Accreditation Body - Georgian Accreditation Centre.

 

Article 9 - Transit visas

Transit visas shall be issued for transiting the territory of Georgia (10 days) in order to enter a third country.

 

Chapter IV – Visa Issuing Authorities and their Powers

 

Article 10 – Visa issuing authorities

The visa issuing authorities shall be:

a) the Ministry;

b) a diplomatic mission, the Georgian interests division at a diplomatic mission of a third country and a consular office of Georgia (the ‘Mission’);

c) an authorised body designated under an individual administrative-legal act of the Minister of Internal Affairs of Georgia.

 

Article 11 – Visa issuance by the Ministry

1. The Ministry shall issue visas through its structural subdivision – Consular Department (the ‘Consular Department’).

2. The decision on the issuance of a Georgian visa shall be made by an authorised official of the Consular Department as defined under an individual administrative-legal act of the Minister of Foreign Affairs of Georgia.

3. The Consular Department is authorised to issue:

a) an immigration visa – to an alien legally staying in Georgia;

b) a C category short-term electronic visa – if a visa application has been submitted through the e-VISA PORTAL;

c) short-term diplomatic and special visas, and D3 and D5 category visas – if extended under the procedure established by Article 34 of the Procedures.

 

Article 12 – Visa issuance by Missions

1. Visas abroad shall be issued by Missions. A Mission is authorised to issue any category visa abroad.

2. The decision on the issuance of a visa by a Mission shall be made by a consular official.

3. An alien, in whose country of citizenship Georgia has no Mission, may apply for a visa to a nearby Mission. The list of nearby Missions is determined under Annex No 1 to the Procedures.

4. An alien, who is staying in a third state, may apply for a visa to a Mission in the host country, provided he/she has a valid multiple entry/exit visa or a valid residence permit of the host country. In such a case, the validity period of the visa or residence permit of the host country shall be three months longer than the validity period of the required visa.

 

Article 13 –Visa issuance at the state border of Georgia

1. In the cases provided for in this article, an authorised body of the Ministry of Internal Affairs of Georgia shall issue visas, after inspection, at border checkpoints open for international travel at the state border of Georgia.

2. An authorised body of the Ministry of Internal Affairs of Georgia shall only issue visas of the following categories and in the following cases:

a) B4 short-term single-entry visas – in cases provided for in Article 4(8) of the Procedures;

b) C3 visas – to crew members of ships anchored in Georgian harbours, unless visa-free travel of members of a ship crew is provided for by an international agreement of Georgia;

c) C4 visas – to persons arriving in Georgia to receive or provide humanitarian assistance during situations posing a risk to life and health;

d) transit visas.

3. The persons responsible for issuing visas at the state border of Georgia and their authority shall be determined by an individual administrative-legal act of the Minister of Internal Affairs of Georgia.

 

Article 14 – Agreement about Missions

1. The issuance of a visa to, or the performance of individual activities necessary to issue a visa for aliens in whose country of citizenship Georgia has no Mission may be entrusted to a third country.

2. Conditions for the issuance of a visa or the performance of individual activities necessary to issue a visa shall be determined under an appropriate international agreement or treaty.

3. A third country shall issue a Georgian visa or perform individual activities necessary to issue a visa by observing the requirements under the legislation of Georgia on Personal Data Protection.

 

Article 15 – Commercial agent

1. The Ministry may entrust the performance of individual activities necessary to issue a visa to a commercial agent. Conditions for a commercial agent to perform individual activities necessary to issue a visa shall be determined under an agreement concluded between the Ministry and the commercial agent.

 

Chapter V – Visa Issuance Procedures

 

Article 16 – Practical options for submitting visa applications

1. A visa application shall be submitted:

a) in an electronic form through www.geoconsul.gov.ge;

b) in an electronic form through the e-VISA PORTAL.

2. A visa application shall be submitted through www.geoconsul.gov.ge if:

a) the issuance of a visa by a Mission is required;

b) the issuance of an immigration visa to an alien who legally stays in Georgia is required;

c) the extension of a visa is required.

3. A visa application shall be submitted through the e-VISA PORTAL only by an alien staying abroad if the issuance of a C category short-term electronic visa by the Ministry is required.

4. To issue a visa at the state border of Georgia, a visa application and the documents necessary to obtain a visa may be submitted to an authorised body of the Ministry of Internal Affairs of Georgia by directly submitting them to the authorised body.

 

Article 17 – Submission of a visa application through www.geoconsul.gov.ge

1. To submit a visa application through www.geoconsul.gov.ge, the application on Defining the Form and Time of Receiving Consular Services (the ‘Service Application’) shall be initially filled in electronically.

2. When filling in the Service Application, it must be indicated that the hard copies of documents necessary to issue a visa shall be submitted by visiting a visa issuing authority or another body authorised to accept documents; and in the case of diplomatic and special visas – by visiting a visa issuing authority, or by post.

3. After the Service Application is completed, a visa application shall be filled in through www.geoconsul.gov.ge and shall be submitted to the visa issuing authority. Other documents necessary to obtain a visa may also be submitted electronically to the visa issuing authority along with the visa application.

4. When filling in a visa application electronically, an applicant chooses the date for submitting the signed visa application and the documents necessary to issue a visa to a visa issuing authority (date of his/her visit to the visa issuing authority), which may be changed by the Ministry or a Mission two days before the selected date.

5. After the visa application is submitted through www.geoconsul.gov.ge, hard copies of the signed visa application and all other documents necessary to issue a visa shall be submitted to the visa issuing authority by submitting them directly to the visa issuing authority or another body authorised to accept documents; and in the case of diplomatic and special visas – by directly submitting them to the visa issuing authority, or by post.

6. Except as provided for in paragraph 5 of this article, a visa application and the documents necessary to issue a visa may also be submitted to a visa issuing authority by post when C3 and C4 category visas are to be issued, provided there is a written request from a department of Foreign Affairs of a foreign country to issue a visa to an alien and Georgia has no Mission in that foreign country.

7. Powers of the Legal Entities under Public Law (LEPL) within the Ministry of Justice of Georgia – LEPL Public Service Hall or LEPL Public Service Development Agency in relation to the collection of the documentation necessary to issue an immigration visa to an alien staying in Georgia on legitimate grounds, or to extend D3 and D4 immigration visas, and in relation to the placement of a visa in a travel document shall be defined by a joint order of the Ministry and the Ministry of Justice of Georgia.

8. If a signed visa application and other documents necessary to obtain a visa are sent by post, postal charges shall be borne by the applicant. A visa issuing authority shall not be responsible for the quality of postal services, nor for the documents lost or damaged due to postal service providers, including for the disclosure of personal data indicated on the post package or the documents inside the package before they are received by the visa issuing authority.

 

Article 18 – Submission of visa applications through the e-VISA PORTAL

1. A visa application shall only be submitted through the e-VISA PORTAL if a C category short-term electronic visa is issued by the Ministry to an alien staying abroad.

2. In the course of filling in a visa application through the e-VISA PORTAL, a message shall be sent to the e-mail address indicated in the visa application to subsequently confirm the e-mail address and to ensure payment of the state duty. The message shall allow the person responsible for filling in the visa application to switch to the web page for payment of the state duty, and to pay the amount of the state duty payable for issuing a short-term electronic visa.

3. The message sent to the e-mail address shall be confirmed within one hour after it is sent; otherwise the visa application will be cancelled.

4. The state duty shall be paid within five hours after the message received on the e-mail address is confirmed; otherwise the visa application will be cancelled.

 

Article 19 - Documents to be submitted to obtain visas

1. To obtain a visa, the following documents shall be submitted to a visa issuing authority:

a) a visa application;

b) a travel document;

c) a document evidencing payment of a consular fee determined by the Law of Georgia on Consular Fees, and if a visa is issued/extended by the Ministry, also when a visa is issued at the state border of Georgia – a document evidencing payment of the state duty under the Law of Georgia on State Duty, except when an alien is exempt from payment of the consular fee/state duty.

d) a document evidencing representative powers if a visa application or another document necessary to issue a visa is submitted through a person having representative powers;

e) a document evidencing payment of the penalty if an alien was imposed a penalty under the legislation of Georgia for staying in Georgia without legitimate grounds;

f) documents evidencing the following circumstances:

f.a) the purpose of travel;

f.b) availability of funds sufficient for travelling and during the period of stay in Georgia;

f.c) holding of the travel insurance, and if a visa is issued to a person staying in Georgia on legitimate grounds ­– holding of the health insurance;

f.d) the fact that an alien has a place of accommodation in Georgia;

f.e) if transiting the territory of Georgia, assurances to enter the country of destination, except when transit visas are issued to principal and co-drivers of a cargo vehicle at the state border of Georgia during international cargo transportation.

2. Submission of the documents under paragraph 1(f) of this article shall not be required for the issuance of short-term diplomatic and special visas, and ordinary visas.

3. The minimum amount of sufficient funds for travelling and during the period of stay in Georgia for the issuance of a long-term Georgian visa shall be five times the minimum living wage established in Georgia on the day the visa application was submitted.

4. A document evidencing any circumstance under paragraph 1(f.a-f.e) of this article need not be submitted if the visa issuing authority is aware of the existence of the circumstance under an appropriate subparagraph. This shall be indicated by the person making the decision to issue a visa in the comments field in the relevant software of the Ministry at a visa application review stage.

5. To issue a visa to a minor and/or a person with mental disorders, the consent of legal representative/representatives of the minor and/or the person with mental disorders, apart from the documents provided for in the Procedures, shall be submitted to a visa issuing authority. The consent shall be expressed in a notarised written form, or in the written form expressed in the presence of any consular official or an authorised person of the Consular Department. If one of the parents is dead, declared dead or recognised as missing, or deprived of parental rights, or in another case, when a parent is deprived of/restricted the right of legal representation, the document evidencing existence of a respective circumstance shall be submitted to the visa issuing authority.

6. To issue visas to persons staying in countries where there is a risk of spreading an infectious or another communicable disease, the nature, severity, and/or duration of which may pose a threat to the protection of health of people living in Georgia, a document evidencing that the preventive vaccination was done (for the development of a specific immunity against diseases), or a document evidencing the health status shall be submitted.

7. A citizen of Georgia, a person holding a Georgian residence permit, or a legal person registered in Georgia shall grant an invitation in a form approved under Annexes No 2, No 3 No 4 or No 5 of the Procedures. An invitation shall be submitted to a visa issuing authority as a notarised original document, except when it is possible to verify the invitation (the entire document) and the fact of its notarisation through the web page of the LEPL – Notary Chamber of Georgia. In such a case, a copy of the invitation may be submitted to the visa issuing authority. A person granting an invitation has to be in Georgia at the moment of granting the invitation.

8. An invitation granted by a ministry of Georgia, the Office of the State Minister of Georgia, and a diplomatic mission, a consular office or an international organisation accredited to Georgia shall contain the mandatory details provided for in Annex No 6 of the Procedures.

9. To issue short-term and long-term visas, and to confirm the circumstances under paragraph 1(f.a, f.d-f.e) of this article, the documents under Annex No 7 of the Procedures shall be submitted to a visa issuing authority.

10. To obtain additional information necessary to issue a visa, or to confirm authenticity and accuracy of the submitted documents/information, the visa issuing authority may require additional documents, if needed.

11. A consular official may, based on the specificity of a country, request a visa applicant to present a particular document, or take into account/accept a particular document when making the decision on the issuance of a visa.

12. An applicant shall submit to a visa issuing authority all the documents/information necessary to make the decision on the issuance of a visa.

 

Article 20 - General requirements for documents to be submitted

1. A document necessary to issue a visa shall be submitted to the Ministry in the state language of Georgia or in English language. A document drawn up in another foreign language shall be submitted together with the duly certified Georgian or English translation.

2. A document necessary to issue a visa shall be submitted to a Mission in the state language of Georgia or in English language; and a document necessary to issue a short-term visa may also be submitted in any foreign language as defined by the Mission. Except as provided for in this paragraph, a document drawn up in any other foreign language shall be submitted together with the duly certified Georgian or English translation, and if a short-term visa is requested, the document may be submitted together with the translation in any foreign language as defined by the Mission.

3. A travel document containing the personal data of its holder in Latin transliteration shall be accepted without translation.

4. For the purposes of issuing a short-term Georgian visa, documents (except for the invitation) shall be submitted to a visa issuing authority without legalisation and apostillisation as originals and their copies. If the authenticity of the document is challenged, the visa issuing authority may request the document be legalised or apostilled. After the original and the copy of the document are collated, the original shall be returned to the applicant and the copies shall remain at the visa issuing authority or another body authorised to accept documents. A note shall be made on the copy of the document that the original and the copy of the document are identical, and the signature of an authorised person of the consular department/a consular official and the date shall be affixed to it.

5. To issue a long-term Georgian visa, legalised or apostilled originals or copies of documents (if the documents need to be legalised or apostilled) shall be submitted to a visa issuing authority. To issue long-term diplomatic and special visas, original documents shall be submitted to a visa issuing authority without legalisation/apostillisation; and if copies of the documents are submitted, they shall be legalised/apostilled or notarised.

6. An invitation shall be drawn up in Georgian or English language taking into account the specifics under this paragraph. The name, surname and other surname(s) of an invitee shall be indicated only in English language with Latin transliteration.

 

Article 21 - Visa applications

1. To issue a visa, the person concerned shall fill in the visa application of the form as defined under a normative act of the Ministry, and if a C category short-term electronic visa is to be issued by the Ministry, the person concerned shall fill in the visa application on the e-VISA PORTAL.

2. To issue a visa at the state border of Georgia, a person concerned shall fill in the visa application of the form approved under a normative act of the Ministry.

3. To obtain visas, family members of a visa applicant and other accompanying persons, irrespective of age, shall fill in separate visa applications and submit them to the visa issuing authority.

4. A visa application shall be submitted to the Ministry and a Mission not more than three months before the visa start date; and a visa application shall be submitted to the authorised body of the Ministry of Internal Affairs of Georgia at the state border of Georgia when conducting an inspection at a border checkpoint.

5. To obtain an immigration visa, an alien legally staying in Georgia shall submit a visa application to the Ministry not later than 45 days before the period of the alien’s legal stay in Georgia expires.

6. A visa application may be submitted even when a previous visa is still valid, but not more than three months before the validity period of the visa to be obtained starts.

7. A visa application shall be filled in and submitted to a visa issuing authority by:

a) a visa applicant who is of full legal age and capacity;

b) one of the parents or another legal representative of a minor or of a person under guardianship or custody;

c) a supporter, if a visa applicant is a beneficiary of support;

d) a person holding a duly certified power of attorney.

 

Article 22 - Travel documents

A travel document submitted to obtain a visa shall meet the following requirements:

a) the validity period of the travel document shall exceed the validity period of the visa by at least three months;

b) it shall contain at least two empty pages to place a visa blank in, except when a travel document is submitted through the e-VISA PORTAL;

c) it shall not be damaged and shall not contain unofficial records. If a travel document is submitted through the e-VISA PORTAL, the page of the travel document containing personal data shall be inspected;

d) it shall be issued within the past 10 years.

 

Article 23 – Travel and health insurance

1. A visa applicant shall hold travel/health insurance valid for the period of stay in Georgia, which, if necessary, will cover any expenses related to his/her health status and death. The travel/health insurance shall be valid all over Georgia.

2. To obtain a visa, an applicant shall present the travel insurance on the condition that the travel insurance to be submitted for obtaining a long-term visa is valid for the validity period of the visa.

3. In case of a multiple visa, availability of the travel insurance shall be checked upon a second and every subsequent visit at the state border of Georgia when doing inspection at a border checkpoint. When submitting a visa application, an applicant shall confirm that he/she is aware of the necessity to hold travel insurance during the subsequent visits to Georgia.

4. The health insurance to be submitted for issuing a visa to a person legally staying in Georgia shall be valid for the validity period of the visa to be obtained.

 

Article 24 – Admissibility of visa applications

1. After a signed visa application and hard copies of all other documents necessary to issue a visa are submitted to a visa issuing authority, the admissibility of the visa application shall be checked.

2. When reviewing the issue of admissibility of the visa application, it shall be checked whether:

a) the visa application has been submitted in the form as determined under the Procedures;

b) a travel document has been submitted and whether it meets the requirements established under the Procedures;

c) a visa fee/state duty established under the legislation of Georgia for issuing a visa has been paid, unless otherwise provided for by the legislation of Georgia.

3. If any of the documents under paragraph 2 of this article has not been submitted to the visa issuing authority, the visa application shall not be deemed admissible and it shall not be reviewed. An alien applicant for a visa shall be informed on the admissibility of the visa application.

4. If the visa issuing authority has been furnished with the documents under paragraph 2 of this article, the visa application shall be deemed admissible (submitted) and the visa issuing authority shall start reviewing it.

5. If the visa application is deemed admissible, an information card shall be sent/ handed to an alien visa applicant. An information card shall not be granted when diplomatic and special visas are issued, and when a short-term electronic visa is issued on the basis of a visa application submitted through the e-VISA PORTAL.

6. A visa issuing authority shall annul the Service Application and the visa application submitted through www.geoconsul.gov.ge if it can be presumed from the information indicated in the Service Application and/or visa application that they were not submitted for the purpose of obtaining a visa.

 

Article 25 – Basic principles of reviewing visa applications

1. When reviewing a visa application, a visa issuing authority shall investigate whether there are grounds for refusing to issue a visa.

2. If it is found that the visa issuing authority was not furnished with any document/information necessary to issue the visa, or the document/information was unduly submitted, the visa issuing authority may notify the alien visa applicant and allow him/her a time limit for correcting the deficiency. If the deficiency is not corrected within the set time limit, the visa issuing authority may make the decision to terminate the current proceeding for issuing a visa.

3. If necessary, a visa issuing authority may request that an alien visa applicant submit an additional document/information, and/or invite the alien visa applicant and/or his/her representative for an interview to obtain additional information necessary to issue a visa, or to confirm authenticity and accuracy of the submitted documents/information.

4. A visa application review shall be based on the authenticity and reliability of the documents submitted, and the accuracy and credibility of the information provided by the applicant.

5. A previous refusal to issue a visa shall not automatically entail the refusal to issue a new visa.

6. A Mission shall co-ordinate the issuance of diplomatic, special, and immigration visas with the Consular Department.

7. A person may not hold more than one valid visa.

8. If an applicant is no longer interested in obtaining a visa, he/she may apply to the visa issuing authority and request termination of the proceeding. The visa issuing authority shall terminate the proceeding if the decision on the visa issuance has not been made. If the Ministry and the Mission terminate the current proceeding on the issuance of a Georgian visa, the decision in the form defined under Annex No 8 of the Procedures shall be issued.

9. A visa issuing authority may terminate the proceeding on the visa issuance at its initiative if it is found that one and the same person has requested the issuance of several visas of the same conditions.

10. Procedures and conditions for issuing a visa that are different from those provided for under the Procedures shall be applied to an alien on the basis of the principle of reciprocity.

 

Article 26 – Investigation of the grounds for refusing to issue visas

1. To reveal the grounds for refusing to issue a visa, the Ministry and/or a visa issuing authority may request appropriate information from the state bodies, and from natural and legal persons, who provide the requested information within the following time limits:

a) for short-term visas – within 5 calendar days after receiving the request;

b) for long-term visas – within 15 calendar days after receiving the request;

c) for D5 immigration visas – within 5 calendar days after receiving the request;

d) for short-term visas, when the time limit for reviewing the visa issuance is reduced to 5 working days – not later than the next business day after receiving the request.

2. If the time limit specified in paragraph 1(a) of this article is not sufficient to provide the information, the body/person responsible for providing the information shall notify the Ministry and/or the visa issuing authority with a substantiated written request. On the basis of the substantiated written request, the visa issuing authority shall take the decision on the extension of the time limit for making the decision on the visa issuance, except for the time limit for making the decision on the issuance of a short-term electronic visa on the basis of a visa application submitted through the e-VISA PORTAL, up to 30 calendar days. In this case, the body/person responsible for providing the information shall provide the information to the Ministry and/or the visa issuing authority within 15 calendar days after receiving the request.

3. To reveal the grounds for refusing to issue a visa, which are specified in Article 28(1)(b,f), Article 28(2)(a-b) and Article 28(3) of the Procedures, the information shall be requested from the Ministry of Internal Affairs of Georgia. Circumstances, procedure and conditions for requesting information from the Ministry of Internal Affairs of Georgia shall be established under a joint administrative-legal act of the Ministry and the Ministry of Internal Affairs of Georgia.

4. If the state bodies fail to submit the required information within the time limits provided for in paragraphs 1 and 2 of this article to the Ministry and/or the visa issuing authority, it shall be deemed that there are no appropriate grounds for refusing to issue a visa, and the visa issuing authority shall, based on the available information, complete reviewing this issue within the set time limit.

 

Article 27 – Time limits for making the decision

1. Based on the documents submitted by an alien and the material obtained by a visa issuing authority, the visa issuing authority shall make the decision to issue or refuse to issue a visa.

2. If the Ministry and a Mission make the decision to refuse to issue a visa, the decision in the form defined under Annex No 9 of the Procedures shall be issued; and if the decision to refuse to issue a visa at the state border of Georgia is made, the decision in the form approved by an individual administrative-legal act of the Minister of Internal Affairs of Georgia shall be issued.

3. The decision to issue a visa shall be made within the following time limits after a visa application is submitted:

a) 10 calendar days – for a short-term visa;

b) 5 business days – for a short-term electronic visa to be issued on the basis of a visa application submitted through the e-VISA PORTAL;

c) 30 calendar days – for a long-term visa;

d) 10 calendar days – for a D5 immigration visa.

4. The time limit necessary to make the decision on the issuance of a short-term visa, except when a short-term electronic visa is issued on the basis of a visa application submitted through the e-VISA PORTAL, may be extended by 30 calendar days if further inspection of the visa application is needed. The visa issuing authority shall ensure communication of the information on extending the time limit for making the decision on the visa issuance to the applicant.

5. A Mission shall make the decision on the issuance of a short-term visa within 5 business days or a shorter period after starting reviewing this issue in the following cases:

a) when issuing A1 and B1 visas – if the purpose of the travel does not allow for issuing the visa for a longer period;

b) when issuing C4 visas – to persons arriving in Georgia for treatment purposes, if the necessity for an urgent treatment is proved.

6. The decision on the issuance of a visa shall be communicated to the applicant not later than the next business day after the appropriate decision is made; and the decision on the issuance of a short-term electronic visa on the basis of a visa application submitted through the e-VISA PORTAL shall be communicated to the applicant on the fifth business day after the appropriate visa application is submitted.

 

Article 28 – Grounds for refusing to issue a visa

1. An alien shall be refused a visa if:

a) he/she does not have the documents under the legislation of Georgia necessary to enter Georgia;

b) he/she is prohibited from entering Georgia, or has not paid a penalty established for staying in Georgia without legitimate grounds;

c) he/she has submitted incomplete, false or inaccurate data/information/documents to obtain a visa or extend its validity period;

d) he/she has unduly submitted documents/information necessary to obtain a visa or extend its validity period;

e) he/she does not hold travel/health insurance or does not have sufficient funds to live in Georgia and to travel back;

f) his/her stay in Georgia prejudices the national security of Georgia and/or public order, or the health, rights and legitimate interests of citizens of Georgia and other persons residing in Georgia;

g) based on foreign policy practicability, his/her stay in Georgia is unacceptable;

h) there is a reasonable suspicion that, after the visa expires, he/she will stay in Georgia without legitimate grounds, or violate the statutory conditions for the issuance of the appropriate category of a visa;

i) he/she refuses to give information, or gives false information on his/her identity and the purpose of travel;

j) the purpose for accomplishment of which the visa should have been issued ceased to exist or cannot be proved;

k) he/she fails to meet other requirements defined under the legislation of Georgia necessary to obtain a visa.

2. An alien may be refused a short-term visa if:

a) during his/her stay in Georgia, he/she has committed a crime or an administrative offence, or has violated the rules regulating the stay of aliens in Georgia;

k) in the last three years he/she has been subjected to removal from Georgia, irrespective of whether or not the prohibition to re-enter Georgia applied to him/her.

3. An alien shall be refused a short-term visa if the right to stay in Georgia for 90 calendar days in 180-day period expires on the day of the requested visa start date.

4. An alien shall be refused a short-term visa to be issued on the basis of a visa application submitted through the e-VISA PORTAL if the alien is in Georgia on the day when the decision on the issuance of the visa is made.

 

Chapter VI – Issuance of Visas

 

Article 29 – Issuance of visas

1. A visa may be issued by placing a visa blank into a travel document or electronically – electronic visa.

2. The form of a visa blank to be issued by the Ministry and Missions, and the rule for filling it and placing it in a travel document shall be approved by a normative act of the Minister of Foreign Affairs of Georgia; and the form of a visa blank to be issued at the state border of Georgia by an authorised body of the Ministry of Internal Affairs of Georgia, and the rule for filling it and placing it in a travel document shall be approved by a normative act of the Minister of Internal Affairs of Georgia.

3. The form of electronic visa blank to be issued by the Ministry and Missions, and the rule for filling it, also the circumstances for issuing an electronic visa shall be established by an individual administrative-legal act of the Minister of Foreign Affairs of Georgia.

4. If a travel document is lost or becomes unsuitable for use (wear, damage, etc.), the visa placed in an appropriate travel document cannot be moved to another travel document, or restored.

 

Article 30 – Handing over travel documents

1. After the decision on the issuance of a visa is made, the travel document submitted to the visa issuing authority shall be handed over to:

a) the person of full age and capacity who applied for the visa;

b) the legal representative of the minor, or of the person under guardianship or custody, if the visa has been issued to a minor or a person under guardianship or custody;

c) any person of full age and capacity indicated in the visa application;

d) a person holding a duly certified power of attorney;

e) if diplomatic and special visas are issued, an authorised person of a foreign office, diplomatic mission, consular office or an organisation whose employee was the alien that applied for a visa.

2. A travel document may be handed over to a person indicated in paragraph 1 of this article by handing it personally to him/her or by sending the travel document by post to the address specified in the visa application. If a travel document is sent by post, postal charges shall be borne by the applicant. The visa issuing authority shall not be responsible for the quality of the postal service, including for the damage and loss of the travel document.

3. If a travel document is handed to a person concerned (except when it is sent by post), the person shall confirm receipt of the document by his/her signature.

 

Chapter VII – Issuance of Short-term Electronic Visas by the Ministry

 

Article 31 – Conditions for issuance of short-term electronic visas

1. To obtain a C category short-term electronic visa, an alien staying abroad may submit a visa application through the e-VISA PORTAL.

2. Short-term electronic visas shall be issued to aliens staying abroad that hold any of the following travel documents:

a) an ordinary passport;

b) a service/official/special passport;

c) a diplomatic passport;

d) a travel document of a stateless person.

3. The Consular Department shall, in cases and under the procedure established by an individual administrative-legal act of the Ministry, be furnished with the visa application and a copy of the travel document through the e-VISA PORTAL.

4. To obtain a short-term electronic visa from the Consular Department, an alien staying abroad shall, before submitting the visa application through the e-VISA PORTAL, ensure payment of the state duty under the Law of Georgia on State Duty, in accordance with Article 18 of the Procedures.

5. The decision on the issuance of a C category short-term electronic visa on the basis of a visa application submitted through the e-VISA PORTAL shall be made by the Consular Department.

6. The Consular Department shall issue a short-term electronic visa to an alien staying abroad in cases determined by an individual administrative-legal act of the Ministry for a maximum of 90 calendar days in any 180-day period, or for 30 calendar days.

 

Article 32 – Issuance of short-term electronic visas

1. To verify the information/obtain additional information related to the issuance of a short-term electronic visa, the Consular Department may apply to a Mission, which ensures that the information is verified/additional information is obtained and communicated to the Consular Department no later than two business days after the request is received.

2. To reveal the grounds for refusing to issue a visa, which are specified in Article 28(1)(b,f), Article 28(2)(a-b) and Article 28(3) of the Procedures, the information shall be requested from the Ministry of Internal Affairs of Georgia. The procedure and conditions for requesting the information from the Ministry of Internal Affairs of Georgia shall be established under a joint administrative-legal act of the Ministry and the Ministry of Internal Affairs of Georgia.

3. If data specified in the visa application and in the documents attached to it fail to match, the Ministry may edit the visa application according to the submitted documents and, to reveal the grounds for refusing to issue a visa as specified in Article 28(1)(b,f), Article 28(2)(a-b) and Article 28(3) of the Procedures, request again the information from the Ministry of Internal Affairs of Georgia.

4. When crossing the state border of Georgia, a visa holder alien shall present to an authorised body of the Ministry of Internal Affairs of Georgia the printout of his/her short-term electronic visa.

5. The form of a short-term electronic visa shall be generated by the Ministry through its special software – Electronic Consular Affairs Management System.

6. The issued electronic visa shall be sent to the visa holder alien on the e-mail address indicated in the visa application in the format making it possible to view and print the visa.

7. The issuance of a short-term electronic visa shall be reviewed and the decision shall be made according to the Procedures, unless otherwise determined by the Procedures. Articles 19 and 20 of the Procedures shall not apply to the issuance of a short-term electronic visa.

 

Chapter VIII – Issuance of Visas in Exceptional Cases

 

Article 33 – Issuance of visas in exceptional cases

1. To issue a B4 single short-term visa in the case specified in Article 4(8) of the Procedures, the state bodies of Georgia shall submit a written request to the Ministry, except when the Ministry is aware of the existence of grounds for issuing a visa under an exceptional procedure.

2. The request of the state bodies of Georgia shall include specific grounds for issuing a visa under an exceptional procedure, and the requirement/condition that the alien applying for a visa fails to meet.

3. The decision on the existence of the grounds for issuing a visa under an exceptional procedure shall be made by:

a) a Mission, in co-ordination with the Ministry;

b) the Ministry, if a visa is issued at the state border of Georgia under an exceptional procedure;

c) the Ministry, if a visa is extended.

4. If the Ministry or a Mission makes a negative decision on the existence of grounds for issuing a visa under an exceptional procedure, the decision shall be forwarded to the state body that filed the request.

5. The Ministry shall make the decision on the existence of the grounds for issuing a visa at the state border of Georgia under an exceptional procedure not later than two business days after the written request is received.

6. If a visa is issued under an exceptional procedure, an alien applying for a visa shall only submit a visa application and a travel document.

 

Chapter IX – Extension of Visas

 

Article 34 – Extension of visas

1. An alien staying in Georgia may request:

a) an extension of Georgian short-term diplomatic and special visas;

b) an extension of a D3 category visa;

c) an extension of a D5 category visa.

2. Persons arriving in Georgia to conduct research at an authorised educational institution in Georgia, and persons arriving in Georgia to study within international programmes shall have the right to have their D3 visas extended, except when the grounds for Georgian visa extension specify the possibility for an alien to stay in Georgia for more than three months.

3. A visa may be extended if an alien meets conditions for an appropriate visa issuance. To have the D5 immigration visa extended, an alien shall be exempt from the obligation to submit a reassessment of the market value of the real property.

4. Visas shall be extended by the Ministry through the Consular Department. The Consular Department shall review a submitted visa application for an extension of the visa and shall make the decision on the extension and, consequently, on the issuance of the visa.

5. For an alien, who has submitted a visa application to have a visa extended under the Procedures, the period of his/her stay in Georgia during the appropriate administrative proceeding shall be deemed excusable, and he/she shall be exempt from the obligation to pay the penalty established under the legislation of Georgia. The alien may not be removed from Georgia until the final decision on the extension of the visa is made.

6. A visa shall be extended under the same procedures as it is issued.

 

Chapter X – Termination of Visas

 

Article 35 – Termination of visas

1. A visa may be terminated if:

a) it is found that a false or an invalid document has been submitted to obtain a visa;

b) a visa holder is engaged in an activity that endangers public security of Georgia;

c) the purpose for accomplishment of which the visa was issued ceased to exist or was not achieved;

d) the visa holder has been removed from Georgia;

e) the visa issued to an alien includes the validity period of a previously issued visa;

f) a travel document, in which the visa was placed, is lost or has become unsuitable for use (wear, damage, etc.), and this fact became known to an appropriate body specified in paragraph 3 of this article.

2. A D5 visa shall be terminated when the right of ownership of an appropriate real property is terminated.

3. The decision to terminate a visa shall be made by a body authorised to issue a visa that became aware of the grounds for terminating the visa; and the decision to terminate Georgian visas issued at the state border of Georgia shall only be made by the Ministry of Internal Affairs of Georgia.

4. If the Ministry and a Mission terminate a visa, the decision in the form defined under Annex No 10 of the Procedures shall be issued; and if an authorised body of the Ministry of Internal Affairs of Georgia terminates a visa, the decision in the form determined under an individual administrative-legal act of the Ministry of Internal Affairs of Georgia shall be issued.

5. A visa shall be terminated and it shall become invalid if:

a) an alien is issued a new visa or a Georgian resident permit, the validity period of which includes the validity period of a previously issued visa or a Georgian resident permit;

b) an alien to whom the visa was issued has obtained citizenship of Georgia.

6. After the decision to terminate a visa is made, if possible, the body that made this decision or another visa issuing authority shall affix a rectangular-shaped stamp on the visa blank stating ‘გაუქმებულია’ in Georgian language and ‘CANCELLED’ in English language. If the decision to terminate a visa is made, the Ministry or a Mission shall ensure that the information on the termination of the visa is posted on the web page that contains the information on the visa issuance.

7. The information on terminating the visa shall be communicated to the visa holder immediately after the appropriate decision is made. A notice of visa termination shall include the grounds for terminating the visa.

8. State bodies and legal and/or natural persons shall inform an appropriate visa issuing authority of the grounds for terminating the visa.

 

Chapter XI – Storage and Availability of Information, and Communication

 

Article 36 – Storage of documents/information

1. The information/documents submitted/obtained during the visa issuance review process shall be stored at a visa issuing authority as hard copies and/or in electronic form.

2. The information/documents submitted/obtained during the visa issuance review process shall be stored for five years after the decision on the appropriate visa application is made, according to the personal data protection and safety procedures.

3. After the period for storing the information/documents submitted/obtained during the visa issuance review process expires, they shall be blocked, deleted or destroyed under the legislation of Georgia and the individual administrative-legal acts of the Ministry/the Ministry of Internal Affairs of Georgia.

 

Article 37 – Availability of information and communication

1. Communication with a person interested in the issues provided for under the Procedures shall be carried out by letting him/her officially become aware of the appropriate notice/decision (by handing it over or sending by post) or sending it by e-mail.

2. In the course of reviewing and making decision on the visa issuance, communication between a visa issuing authority and other state bodies or between natural and legal persons may be carried out in both written (material) and electronic form.

3. A visa issuing authority shall be entitled to obtain information necessary to make the decision on the visa issuance in written (material) form, or use electronic databases of other state bodies or administrative bodies.

4. Visa issuing authorities shall ensure that information regarding the visas they have issued is available to each other.

 

Article 38 – Appeal procedure

1. The decision of a visa issuing authority on refusing to issue/extend a visa, and on terminating a visa may be appealed under the procedure established by this article and under the legislation of Georgia.

2. The following persons may file an appeal under this article:

a) a visa applicant who is of full legal age and capacity;

b) one of the parents or another legal representative of a minor or of a person under guardianship or custody;

c) a representative of a visa applicant – a person holding a duly certified power of attorney.

3. The decision of the Ministry and a Mission on refusing to issue a visa or terminating a visa, and the decision of the Ministry on refusing to extend a visa may be appealed to the Ministry.

4. The decision of an authorised body of the Ministry of Internal Affairs of Georgia on refusing to issue a visa at the state border of Georgia, or terminating a visa issued at the state border of Georgia shall be appealed to the Ministry of Internal Affairs of Georgia.

5. The decision of a visa issuing authority on refusing to issue/extend a visa, and on terminating a visa shall be appealed within 10 business days from the date a person having the right to file an appeal becomes aware of the appropriate decision.

6. In the cases provided for in this article, the Ministry shall be furnished with an appeal of the form defined under Annex No 11 of the Procedures, and the Ministry of Internal Affairs of Georgia shall be furnished with an appeal of the form defined under an individual administrative-legal act of the Minister of Internal Affairs of Georgia.

7. An appeal and the documents attached to it shall be submitted in Georgian language. An appeal drawn up in a foreign language and the documents attached to it shall be submitted along with the duly certified Georgian translation. A travel document containing personal data of the person in Latin transliteration may be submitted without translation.

8. If an appeal reviewing authority was not furnished with the documents/information provided for under the Procedures, or they were unduly submitted, the appeal reviewing authority shall make the decision on refusing to review the appeal.

9. The appeal specified in this article shall be reviewed without holding an oral hearing within one month after the appeal is submitted. By decision of the Ministry/Ministry of Internal Affairs of Georgia, the time limit for reviewing the appeal may be extended by a maximum of two month.

10. The decision of the Ministry/Ministry of Internal Affairs of Georgia on refusing to allow the appeal provided for in this article may be appealed to the common courts of Georgia within one month after becoming aware of the decision, or after expiration of the time limit fixed under paragraph 9 of this article for making a decision with respect to an appeal.

 

Chapter XIII – Transitional Provision

 

Article 39 - Transitional provision

An alien who entered the territory of Georgia before 17 March 2014 and was in Georgia on 25 December 2014 may, after the period of his/her stay in Georgia on legitimate grounds expires, submit a visa application according to the Procedures, before 1 July 2015, to the Ministry for an immigration visa in the territory of Georgia, except when the alien was refused a Georgian residence permit.