Migrant Rights

Can I be refused entry on a visa run after an overstay?

overstayvisa-runentry-banentry-refusalborder-crossingforeigners-rights

Yes. Through two separate mechanisms that operate independently of each other.

Mechanism one: a direct ban

Article 191 of the Administrative Offences Code imposes an entry ban together with the fine — 6 months, 2 years or 3 years, depending on the length of the overstay. While it is in force, Article 11(1)(b) of the Law on Aliens names an existing ban as a ground for refusing entry. Formally this provision too says entry "may be refused", but the ground is uncontested and is checked against the database automatically.

A separate ground in the same provision is an unpaid fine for unlawful stay. Article 11(1)(b¹) is broader still: any fine imposed on you under Georgian legislation and left unpaid. Paying the fine does not lift the ban by itself: these are two distinct penalties within one article, and they do not expire at the same time.

Mechanism two: discretion

Even once the ban has expired and the fine is paid, entry is not guaranteed. Article 11(1) is worded as "may be refused", and several grounds map directly onto an overstay history:

  • (g) — there is reasonable doubt that you will stay in Georgia unlawfully after the visa validity expires. The wording speaks of a visa, so it does not map directly onto a visa-free border run;
  • (e) — your stay threatens state security or public order. Since 1 September 2026 a wording that is easier for the state to satisfy has been in force: it is enough that there are sufficient grounds to assume such a threat;
  • (i) — other cases provided for by the legislation of Georgia.

For grounds (b), (e) and (f) (foreign policy considerations), the authorised body's report is not substantiated — Article 11(3). In other words, no one is obliged to explain the reason to you.

Where this happens — not only at airports

The entry inspection under Article 12 is the same at every crossing point, not only in Tbilisi, Kutaisi and Batumi:

  • Turkey — Sarpi (24 hours, pedestrian-friendly), Vale, Kartsakhi;
  • Armenia — Sadakhlo–Bagratashen (the main one), Guguti, Ninotsminda–Bavra;
  • Russia — Dariali / Verkhny Lars only;
  • Azerbaijan — land crossings are closed to ordinary tourists; do not plan a visa run through them.

The outcome of the inspection under Article 12(2) is binary: consent to enter, or refusal with return to the point of origin. Under Article 11(4) you return to where you came from, and if immediate departure is impossible for legal or factual reasons, you are temporarily placed in the border control zone under observation (Article 11(5)).

How the period itself is counted

Article 10(2): those who need no short-term visa may stay no more than 90 calendar days in any 180-day period. Article 10(3): for citizens of certain countries an ordinance of the Government sets a different period — one full year.

In practice, for the "one-year" countries the count usually restarts from the date of the new entry — this is what the whole idea of a visa run rests on. But the law contains no explicit rule about resetting the counter, and frequent visa runs give a border officer material for a refusal: according to reports by human rights organisations, officers at the border most often cite "other cases" (sub-point (i)) without explanation.

⚠ The "fifth visa run rule" discussed in chats is not a legal rule. It appears neither in the law nor in secondary legislation, and it is not backed by statistics. The real mechanism is discretion under Article 11, not a crossing counter.

The key point: a visa run does not erase an overstay that has already happened. It resets neither the fine, nor the ban, nor the record in the Ministry of Internal Affairs database under Article 63¹.

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