Lawful Presence Requirements
* Attention ALL Real Estate Licensees, Appraisers, Appraisal Management Companies, Instructors, and School Directors *
Effective January 1, 2012, the Georgia “Illegal Immigration Reform and Enforcement Act of 2011” requires all applicants for a new real estate license or appraiser classification, as well as those applying for their first renewal after the effective date, of an existing license or classification, Appraisal Management Companies, Instructors, and School Directors to submit to the Georgia Real Estate Commission (GREC):
(1) a “secure and verifiable document” for identification purposes as defined in O.C.G.A. §50-36-2
(2) a “signed and sworn affidavit verifying the applicant’s lawful presence in the United States” as required in O.C.G.A. §50-36-1.
Here is a link to a form that outlines what is required:
An individual applying for a real estate license or an appraiser classification by taking a state examination at an AMP Test Center will take this information with them to the Test Center on the day of their examination. The information will be submitted at the AMP Test Center as part of applying for the license after the exam is passed.
Before an existing license or classification can be renewed, this information must be submitted to the GREC office either in person, via fax, via e-mail at email@example.com , via courier, or via U.S. mail. The information must be legible.
If you typically renew online, please allow five business days from the submission of your information for the GREC to notate your license record so that you will be able to renew online.
If you renew using a paper renewal application, please attach the information to the application.
Who needs to meet this requirement?
- All Real Estate Salespersons, Brokers and Community Association Managers (CAMS)
- All Appraisers
- All Brokers applying for a new Firm license, renewing an existing Firm license, or applying to become the Qualifying Broker of a Firm
- All “Controlling Persons” for Appraisal Management Companies
- All applicants for Appraiser Temporary Practice permits
- All School Directors and Instructors
What if the information is not provided?
- For licensees due to renew, the license will lapse.
- For new applicants, no license will be issued.
What if I have already provided the documents?
- S.B. 160 (effective 7/01/2013) eliminated the requirement for you to resubmit the lawful presence documentation after your initial submission. Therefore, if you have provided the lawful presence documentation one time, you do not have to submit it again to the same agency.