Law on Citizenship the Republic of Georgia (1993, as amended 1997) (English)
LAW OF THE REPUBLIC OF GEORGIA ON CITIZENSHIP OF GEORGIA
Citizenship is the stable legal relationship of a person with the state which is expressed in the totality of their mutual rights, duties and responsibilities based on the recognition of and respect of the dignity, and the basic rights and freedoms of the individual.
The present law in accordance with international law and legislation of the Republic of Georgia provides to protect the rights of citizens of Georgia within the country as well as outside its borders.
Chapter 1. General Provisions
Article 1. Citizenship of Georgia
Single citizenship is established in the Republic of Georgia. A citizen of Georgia may not contemporaneously be a citizen of another state.
Article 2. The right to citizenship
Each person according to the established order of the present law of the Republic of Georgia has a right to citizenship of Georgia. No one may be restricted of the right to change its citizenship, except the circumstances envisaged by the present law.
No one may be deprived of its citizenship of Georgia.
Article 3. A citizen of Georgia
A citizen of Georgia shall be deemed:
a) A person who permanently resided on the territory of Georgia at least for five years and resides as of the date of entry into force of the present law, unless within three months it expresses its desire in writing not to be a citizen of Georgia, then within four months, it will be granted a document evidencing citizenship of Georgia;
b) A person who has acquired citizenship of Georgia in accordance with the present law.
Article 4. Equality of citizens of Georgia
Citizens of Georgia are equal to laws regardless of their origin, social or property status, race or ethnic origin, sex, education, language, religion or political beliefs, place of residence, activity or other circumstances.
Article 5. Legal capacity of citizens of Georgia
Citizens of Georgia are guaranteed with personal rights and freedoms established by legislation of the Republic of Georgia and international law.
Citizens of Georgia are obliged to observe the main law of the Republic of Georgia and other laws, to defend territorial integrity of the country, to promote its power, to be loyal to the interests of Georgia.
Article 6 : Protection of Rights and Lawful Interests of Citizens by the State
Rights, freedoms and lawful interests of citizens of the Republic of Georgia on its territory and outside the borders of the Republic of Georgia are protected by the Republic of Georgia.
Article 7. Retention of citizenship of Georgia by persons residing outside the borders of Georgia
In a citizen of the Republic of Georgia resides outside the borders of the Republic of Georgia, it shall not entail termination of its citizenship.
Article 8. Legal capacity of citizens of other states and stateless persons
Citizens of other states and stateless persons who are on the territory of Georgia are obliged to respect and observe laws of Georgia, they shall enjoy rights and freedoms guaranteed by the norms of international law and legislation of the Republic of Georgia also the right to apply to court and other state bodies for protecting their personal property and other rights.
Citizens of other states who are on the territory of Georgia have the right to appeal for help and protection to diplomatic representations and consular missions.
Article 9. Inadmissibility of exstradition of a citizen of Georgia to another state
A citizen of Georgia may not be extradited to another state.
Chapter 2. Acquisition of Citizenship of Georgia
Article 10. The bases for aquiring citizenship of Georgia
Citizenship of Georgia shall be acquired:
a) at birth;
b) as a result of the grant of citizenship of Georgia (naturalization)
c) upon other grounds provided for by international treaties of the Republic of Georgia and the present law.
Article 11. Citizenship of children whose parents are citizens of the Republic of Georgia
A child whose parents were citizens of Georgia as of the date of its birth is a citizen of Georgia regardless of the place of birth.
Article 12. Citizenship of children one of whose parents is a citizen of Georgia
Where parents have different citizenship, one of which at the date of birth of a child is a citizen of Georgia the child is considered to be a citizen of Georgia if it was born:
a) on the territory of Georgia;
b) outside the borders of Georgia but one of the parents has a permanent place of residence on the territory of Georgia;
c) one of the parents, at the date of a birth of a child / regardless of the place of birth / is a citizen of Georgia, the other is a stateless person or unknown.
Where parents have different citizenship, one of which at the date of birth of a child is a citizen of Georgia, and both of the parents reside outside the territory of Georgia, the question of citizenship of the child born outside the borders of Georgia shall be determined by an agreement of parents. In the absence of such agreement - by the legislation of the state of birth.
In case of affiliation of a child whose mother is a stateless person and father is a citizen of Georgia, a child shall be a citizen of Georgia, regardless of the place of its birth.
Article 13. Citizenship of children whose parents are stateless persons
Children of stateless persons who reside permanently on the territory of Georgia shall be citizens of Georgia if they are born on the territory of Georgia.
Article 14. Citizenship of children whose parents are citizens of other states
The question of citizenship of a child born on the territory of Georgia whose parents are citizens of another state is decided by the relevant legislation.
Article 15. Citizenship of children whose parents are unknown
A child located on the territory of Georgia, both of whose parents are unknown, shall be a citizen of Georgia unless any difference is established.
Article 16. Citizenship of children upon a change in citizenship of parents
Citizenship of children up to the age of 14 shall be changed where there is a change in the citizenship of parents.
Citizenship of children from the age of 14 to 18 shall be changed upon their consent.
Article 17. Citizenship of children upon a change in citizenship of one of the parents
Where one of the parents changes citizenship of Georgia a child shall retain citizenship of Georgia, if it remains resident on the territory of Georgia.
If one of the parents withdraws from the citizenship of Georgia and goes outside the borders of Georgia for permanent residence with a child up to the age of 14, it shall not retain citizenship of Georgia.
The citizenship of children shall not be changed when one of the parents loses citizenship.
Article 18. Citizenship of children where one of the parents acquires citizenship of Georgia
If one of the parents acquires citizenship of Georgia and the other remains a citizen of another state, upon application of the parents, the child may become a citizen of Georgia.
If one of the parents acquires citizenship of Georgia and the other is a stateless person, a child shall be a citizen of Georgia.
Article 19. The possibility of choice of citizenship by adults
Where parents have different citizenship, a person attained full legal age shall have the right to choose on its own accord the citizenship of one of its parents.
Article 20. The acquisition of citizenship of Georgia of children upon adoption
A child who is not a citizen of Georgia or is a stateless person and who is adopted by citizens of Georgia shall become a citizen of Georgia.
A child who is a citizen of Georgia of another state and who is adopted by spouses one of whom is a citizen of Georgia and the other is a citizen of another state, upon the application of adoptive parents, shall become a citizen of Georgia.
Article 21. Retention of citizenship of children upon adoption
A child who is a citizen of Georgia and who is adopted by foreign citizens or spouses one of whom is a citizen of Georgia and the other has other citizenship shall retain its citizenship of Georgia. In such a case upon the application of adoptive parents a child shall be given the permission to withdraw from citizenship of Georgia.
A child who is a citizen of Georgia and who is adopted by stateless persons or spouses one of whom is a citizen of Georgia and the other stateless person shall retain citizenship of Georgia.
Article 22. Citizenship of children whom guardianship or curatorship have been established
A child whom guardianship or curatorship has been established, if parents or one of the parents withdraw from citizenship, upon the application of guardian or curator shall retain citizenship of Georgia.
Article 23. Citizenship of persons without legal capacity
The citizenship of a person without legal capacity shall follow the citizenship of the guardian.
Article 24. Disputes on citizenship of children, persons without legal capacity or with restricted legal capacity
Disputes among parents, a guardian or curator on the citizenship of children or persons without legal capacity or with restricted legal capacity shall be heard in juridical proceedings taking into account the interests of the child the person without legal capacity or the person with restricted legal capacity.
Article 25. Citizenship of Georgia and entering into or termination of marriage
The entering into or termination of marriage by a citizen of Georgia with a foreign citizen or stateless person shall not entail a change in citizenship.
A change in citizenship of one of the spouses shall not entail a citizenship of the other spouse.
A termination of marriage shall not entail a change in citizenship of children.
Article 26. The criterion for acceptance into citizenship of Georgia
A foreign citizen according to the present law who has reached full legal age or stateless person may be accepted as a citizen of Georgia if he (she) meets the following terms:
a) he (she) has been residing permanently on the territory of Georgia over the past ten years;
b) he (she) knows the Georgian and Abkhazian languages within the established minimum;
c) he (she) knows the history and legislation of Georgia within the established minimum;
d) he (she) has a job or any real estate on the territory of Georgia.
Acceptance into citizenship of Georgia shall not be permitted to a person who has been charged with premeditated crime and who has been sentenced to more than three years imprisonment and if the sentence is not lifted or cancelled.
A person who wishes to accept citizenship of Georgia shall sign a declaration of citizenship of Georgia.
Article 27. Special criteria for acceptance into citizenship of Georgia
The Head of State of the Republic of Georgia by way of exception, has the right to accept a person who has not met the criteria provided for by a, b, c, d items of article 26 of the present law if:
a) he (she) has performed outstanding services in scientific-public activities to Georgia or has a profession or qualifications which are of interest to Georgia;
b) his (her) acceptance is within the interest of Georgia.
Article 28. Acceptance into citizenship of Georgia of a person married to a citizen of Georgia
A person who enters into marriage with a citizen of Georgia and resides on the territory of Georgia over the past 3 years may be accepted into citizenship of Georgia in accordance with items b and c of the article 26 of the present law and the second part of the same article.
Article 29. Resotoration of citizenship of Georgia
Citizenship of Georgia may be restored according to the present law for a person whose citizenship has been terminated:
a) as a result of illegal deprivation of citizenship;
b) as a result of parents' choice withdrawal from citizenship if an interested person by the time submitting an application permanently resides on the territory of Georgia and meets the demands provided for by items 'b' and 'c' of the article 26 and the second part of the same article of the present law.
Chapter 3. Termination of Citizenship of Georgia
Article 30. Grounds for termination of citizenship of Georgia are:
a) withdrawal from citizenship of Georgia;
b) loss of citizenship of Georgia;
c) other circumstances provided for by international treaties of Georgia and by the present law.
Article 31. Withdrawal from citizenship of Georgia
A citizen of Georgia has a right to withdraw from citizenship of Georgia. The issue of withdrawal from citizenship of Georgia is decided according to the present law. Withdrawal from citizenship of Georgia shall be permitted if a person has not fulfilled his(her) duties to the state, has not been in the military service or has property obligation which are connected with vital interest of citizens, state and public organizations.
Withdrawal from citizenship may not be permitted if a person is charged as a defendant under criminal proceedings or as regards whom a sentence has been lawfully imposed and is subject to execution.
Article 32. Loss of citizenship of Georgia
In accordance with the present law a person shall lose citizenship of Georgia if he (she):
a) enters into military service, police, bodies of justices, government or state power of a foreign state without permission of competent bodies of the Republic of Georgia;
b) permanently resides on the territory of other state and has not got registered in the consulate without excuse, during two years;
c) acquires citizenship of Georgia on the basis of false documents;
d) accepts citizenship of another state.
Chapter 4. The Rules of Considering and Deciding the Issues of Citizenship of Georgia
Article 33. Powers of the head of state of the Republic of Georgia on issues relating to citizenship
The Head of State of the Republic of Georgia shall take decisions on the following issues:
a) the acceptance into citizenship of Georgia of persons and stateless persons;
b) the restoration of citizenship of Georgia;
c) the withdrawal from citizenship of Georgia;
d) the loss of citizenship of Georgia.
Article 34. Procedure for submitting application on questions of citizenship of Georgia
The Head of State of the Republic of Georgia or through diplomatic representations and consular missions of Georgia by persons residing outside the
Application on questions of citizenship of Georgia for persons up to the age of 14 shall be submitted by their legal representatives.
Article 35. Petitions on loss of citizenship of Georgia
Petitions on loss of citizenship of Georgia shall be submitted to the ministry of justice of the Republic of Georgia by court, prosecutor's office, the ministry of internal affairs and the ministry of foreign affairs. For persons residing outside the borders of Georgia-relevant diplomatic representation or consular mission.
Article 36. Preliminary consideration of issues of citizenship of Georgia
The ministry of justice of the Republic of Georgia shall preliminarily consider and process materials of applications and petitions on questions on citizenship of Georgia. Conclusion on preliminary consideration of issues on citizenship shall be confirmed by the board of the ministry of justice.
Article 37. Decision on issues of citizenship of Georgia
In the event of complying with applications and petitions on acquisition, termination and restoration of citizenship of Georgia shall issue an edict, in the event of negative decision - an order.
Article 38. Terms for consideration and decision making of issues on citizenship
The term for consideration and decision making of application and petitions may not exceed one year.
Article 39. Reconsideration of applications and petitions on citizenship of Georgia
Applications and petitions on acquisition, termination and restoration of citizenship of Georgia may be reconsidered after a year of the decision made previously.
Article 40. State duty
A state duty shall be paid upon the submission of applications on questions of citizenship of Georgia by an applicant, the amount and procedure of which shall be established by the Cabinet of Ministers of the Republic of Georgia.
Article 41. Statute on procedure for submitting applications and petitions on questions of citizenship
Statute on procedure for submitting applications and petitions on questions of citizenship of Georgia shall be confirmed by the edict of the Head of State.
Article 42. Appeal of decisions on questions of citizenship of Georgia
Decisions of the Head of State on questions of citizenship of Georgia may be appealed in supreme court of the Republic of Georgia.
A refusal to accept applications on questions of citizenship violation of the terms for considering applications and petitions and other illegal acts of officials shall be punished according to the legislation currently in force.
Chapter 5. Concluding Provisions
Article 43. Documents evidencing citizenship of Georgia
Documents evidencing citizenship of Georgia shall be an identification document of a citizen of Georgia or a passport of a citizen of Georgia.
Birth certificate and a passport or identification document of parents shall be documents evidencing citizenship of a child up to the age of 16.
Birth certificate shall be a document evidencing citizenship of a child up to the age 16 whose parents are unknown.
Article 44. Issuance of documents evidencing citizenship of Georgia
Documents evidencing citizenship of Georgia shall be issued by bodies of internal affairs of Georgia.
A passport of a citizen of Georgia residing on the territory of another state shall be issued by diplomatic representations or consular missions of the Republic of Georgia.
The rules of drawing up, issuance and conditions of documents evidencing citizenship of Georgia shall be established by the Cabinet of Ministers of the Republic of Georgia.
Article 45. Date restoration on a plausible excuse
If a person according to the article 3 of the present law within established terms fails to deny the citizenship of Georgia or fails to get document evidencing citizenship the date would be restored in accordance with legislation.
Article 46. Application of international treaties
In addition to the present law questions of citizenship shall be resolved by the application of international treaties of the Republic of Georgia.
If rules other than those which are contained in the present law are established by an international treaty of the Republic of Georgia the rules of said treaty shall be applied.
Amended by laws dated 24.06.93, 15.10.96 , 1.10.97