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TO DOING
BUSINESS IN
COLOMBIA
LEGAL
GUIDE
This document reflects the valid Colombian
legislation at the date of its development and it seeks
to provide general and basic information of the
Colombian law. This message does not represent or
replace legal counsel of a specific or particular
matter. Such legal counsel must be obtained from
specialized legal services. To that effect, we suggest
that you contact any of the law firms that can be
found in the Investor’s Services Directory located in
the webpage of ProColombia
LEGAL
GUIDE
TO DOING BUSINESS
IN COLOMBIA
www.procolombia.co
IMMIGRATION
REGIME
i.
ii.
iii.
iv.
v.
All foreigners who enter Colombia must show their
passport or travel document to the immigration
authority with the corresponding Colombian visa, if
required. Foreign citizens from CAN (Andean
Community) and Mercosur Agreement (Southern
Common Market) may be required only to show their
national ID documents.
In cases where a visa is not required to enter
Colombia, the immigration authority may grant entry
and stay permits to foreign visitors who do not intend
to settle within the national territory. Entry and stay
permits are classified according to the provisions of
Resolution 3167 of 2019 into: Tourism Permit (PT),
Integration and Development Permit (PID) and Other
Activities Permit (POA).
In Colombia there are currently three (3) categories
of visa (V Visitor Visa, M Migrant Visa, and R
Resident Visa) each of which is granted depending
on the nature of the visit and according to the
intention to settle in the country. In the case of
Venezuelan citizens, they may obtain a Temporary
Protection Permit (Permiso por Protección Temporal –
PPT for its acronym in Spanish) which will grant them
an open work permit in Colombia for up to ten (10)
years.
Natural or legal persons who hire, link, contract or
admit a foreigner by generating any benefit, must
make a report to the Migration Colombia office,
through the Sistema de Información para el Reporte
de Extranjeros – SIRE for its acronym in Spanish-
within the timelines set by law. When a foreigner
enters Colombia with a Tourist Permit or holds a visa
that allows him/her to work in Colombia, such
registration must be executed within the fifteen (15)
days after the initiation or termination of the activity.
In addition, all public and privates companies that
hire (or contract) foreigners (employment or service
contract) in national territory are also bound to report
it in the Single Registry of Foreigners in Colombia -
RUTEC by its acrimony in Spanish- in a term not
exceeding 120 calendar days, following the
execution of the agreement or the engagement of the
foreigner. Likewise, the employers and contracting
parties shall update the registration in the RUTEC in
the following events, within the 30 calendar days
following their occurrence:
- Termination of the engagement or contracting of
the foreign employee
- When occurs an event that modifies the economic
activity.
Chapter 6
Colombia's immigration policy promotes the
entry of foreigners who have experience,
technical, professional or intellectual
qualifications and who contribute to the
development of economic, scientific, cultural
or educational activities for the benefit of the
country; as well as the contribution of capital
to be invested in the constitution of
companies and lawful activities that
generate employment, increase exports and
constitute national interest. Therefore, it is
necessary for every investor to know that the
following:
IMMIGRATION
REGIME
02
- When the foreign employee or contractor
permanently changes his residency.
vi. According to Resolution 5488 of 2022, foreigners of
at least one hundred (100) nationalities are
authorized to enter the country without the need for a
visa. However, nationalities that are not included in
this Resolution will be considered as “restricted” in
Colombia. Therefore, they will be required to process
a visa that authorizes them to stay in the country on a
regular basis, since they will not be authorized to
enter Colombia with a Tourist Permit - PT.
vii. Resolution 3717 of 2023 establishes the possibility
of entry into the country without a visa for foreigners
holding passports of Hong Kong - SARG China and
Sovereign Military Order of Malta, even though they
are still considered "restricted" nationalities.
6.1.
6.1.1.
Ministry of Foreign Affairs and Colombian
Consulate Offices Abroad
It assembles coordinating units or divisions covering
several specialized areas, such as apostille, legalization,
passport renewals and the granting of visas. The Visa
and Immigration Division of the Ministry of Foreign
Affairs and the Colombian consulates abroad have the
discretionary authority to issue, disallow, deny or cancel
visas in advance. The Ministry of Foreign Affairs and the
Consulates have up to thirty (30) calendar days after the
application has been filed to issue, comment on, or deny
a visa.
Government Entities Responsible for
Immigration Affairs
6.1.2.
Special Administrative Unit Migration
Colombia
This entity belongs to the Ministry of Foreign Affairs, and
is responsible for the migratory control and supervision
in Colombia.
Some of the functions of this entity are: (a) to perform
migratory control and supervision of nationals and
foreigners in the country; (b) to keep the identification
record of foreigners, such as immigration verification; (c)
to issue documents such as foreign identity cards, safe
passage, permanence and extension permits, permits to
leave the Country, certificates of migratory movements,
entry permits, foreigners register, and all other required
procedures regarding migration and the status of
foreigners; (d) to handle and collect the penalties and
sanctions for the noncompliance of immigration law; (e)
to cancel a visa and/or permit at any time; this decision
must be written in a document against which no appeal
proceeds; (f) to verify that the foreigner is performing the
occupation, trade or activity which was stated in the visa
application form, or the one stated in the correspondent
permit.
The costs for the different procedures before the
immigration authorities for the year 2024, are the
following:
Procedure
Cost*
USD
(approx. cost) COP
56,81 246.000
Foreign identification card
56,58 245.000
Duplicate copy of
foreign identification card
Free of
charge
Free of
charge
Entry and permanence
permit PIP
28,86 125.000
Extension of Temporary
permanence permit
17,09 74.000
Permanence or departure
Safe passage
17,32 75.000
Certificate of migratory
movements
80,83 350.000
Automatic migration
10 43.330
Admission of Nicaraguans
62,91
(C$85 – CAD) 272.400
Admission of Canadians
3,9 17.000
Duplicate
temporary protection
Generally, these amounts are updated on an annual basis.
03
6.2.
The entry and permanence permits are special
authorizations issued by the Special Administrative Unit
Migration Colombia. The permit is issued to foreigners
who pretend to enter the Country without the intention of
staying in Colombia, and who do not require a visa
because they have a non-restricted nationality in
Colombian regulations. To obtain any of these permits,
the migration authority must stamp a visitor “seal in the
foreigners” passport upon arrival to Colombia. The
stamp must indicate the number of days the visitor can
remain in the country, except in the case of permit for
Other Activities (POA), which requires an application
prior the entry to the country before the Special
Administrative Unit Migration Colombia.
The following are the permits to enter or to stay in
Colombia under the current immigration laws:
a. Entry and Permanence Permit (PIP for its
Spanish acronym)
The entry and permanence permit (PIP) will be issued for
a period of ninety (90) calendar days. Otherwise, for the
permits to enter and stay as a technical visitor (POA for
technical assistance), the PIP will be granted only for
thirty (30) calendar days.
The permit will also be granted to the foreigner who
wishes to enter the national territory as a crew or
member of international transportation (POA for a crew
member), with a term of ten (10) to thirty (30) days. The
permit granted to the foreigner to enter and carry out
temporary transit shall be valid for fifteen (15) days.
The types of PIP permits are detailed below:
(i) Tourism Permit (PT for its acronym in Spanish):
It is granted to foreigners who wish to enter the country to
perform rest activities, medical treatment, to participate or
attend cultural, scientific, sports, conventions or business
events. It will also be granted to foreigners who require or
not a visa and intend to enter the country by integrating
tourist groups in maritime transit on cruise ships and
arriving at seaports and who will re-board in the same ship.
(ii) Integration and Development Permit (PID for its
acronym in Spanish): It is granted abroad when entering
the country to develop any of the following activities:
• International cooperation and assistance agreements
or treaties.
• Personal matters: To conduct personal matters in
judicial, administrative or refuge procedures,
among others. Likewise, to present an interview or
participate in a recruitment process.
• Importance for the national government or its
institutions. Educational: To assist as students, in the
development of non-formal academic programs or
student practices, or under an academic exchange
agreement or to be trained in an art or activity
whose duration is less than 180 days.
(iii) Permission Other Activities (POA for its acronym in
Spanish): It is granted to the foreigner who needs to enter
the country to carry out any of the following tasks:
• To provide technical assistance: for individuals that do
not require a visa and intend to enter the country
urgently, to provide specialized technical assistance
that cannot be obtained in the country.
• Concerts, events, or artistic activities: for individuals
who intend to enter the country to make artistic
presentations in tours or mass events.
The Special Administrative Unit Migration Colombia may
cancel the (a) entry and Permanence Permit in any of its
modalities (PT, PID, POA), at any time. The cancellation
shall be recorded in writing and no appeal is applicable
against it.
In addition, permits will be canceled in case of deportation
or expulsion, and when there is evidence of fraudulent or
intentional acts by the applicant to evade the compliance of
legal requirements. These acts include any activity that may
mislead the granting of the permit and the incident will be
reported to the appropriate authorities. After the
notification of the cancellation of the permit the foreigner
must leave the Country within the next five calendar days.
Otherwise, the foreigner could be deported.
• Speakers, teachers, or researchers: To carry out
activities as teachers, lecturers, or researchers,
programmed by educational, business entities, etc.
• Journalistic work.
• In cases of urgency. When, by judgement of the
migratory or health authority, they need to enter the
Colombian territory as a result of events derived
from natural disasters, alteration of public order,
the vulnerability of Human Rights, stowaways,
shipwrecked, or health effects that represent a risk
to life. If necessary, the admission of a companion
will be authorized, under the same conditions as
the affected individual. When the nationality of the
foreigner requires a visa to enter Colombia, the
waiving of this requirement will be analyzed and
supported.
• Official or service commission. To exercise the
representation of the State that accredits it in
international relations.
Entry and Permanence Permits
6.3.
It is the authorization granted by the Ministry of Foreign
Affairs to a foreigner to enter and stay in Colombia. Its
application and processing in general is made virtually,
through the website of the Ministry of Foreign Affairs. Its
study and approval are in charge of the Visa and
Immigration Division of the Ministry of Foreign Affairs in
Bogota or the more than one hundred and thirty (130)
Colombian Consulates offices located abroad.
Visas
04
b. Cancelation of Permits.
05
6.3.1.
Currently, there are three types of visa (i) Visitor visa; (ii)
Migrant visa and (iii) Resident visa. Visas can be granted
without a work permit, with a work permit closed,
meaning, exclusively for the activity for which it was
granted, or with a work permit open for the development
of any legal activity in Colombia. Except for the visa
granted in the category of tourist, or airport transit, any
visa valid for 180 days or more will allow its holder to
conduct studies during its validity or permanence
authorized.
The main visas and categories that a foreigner may
apply for are the following:
The Visitor Visa (V) will be granted for a maximum
period of 2 years, to the foreigner who wishes to visit the
national territory once or several times, or to remain
temporarily in it without establishing himself.
Activities without work permit:
• Airport Transit
• Tourism
• Events
• Business
• Medical treatment
• Administrative and/or judicial procedures
• Unaccredited officers
• Internationalization Promotion Rentier
• Digital nomad
• Unforeseen cases
Activities with a closed work permit (only for the specific
activity):
• Seasonal farm worker
• Religious
• Crew member
• Student (postgraduate university student)
• Student/volunteer religious entities
• Volunteer and Cooperating
• Cinematographic or Audiovisual
productionJournalistic coverage
• Permanent correspondent
• Technical assistance
• Entrepreneurs FTA
• Labor practice
• Service provider – Work or work
• Courtesy
Types of Visa
(i) Visitor Visa (V)
The Migrant visa (M) will be granted for a maximum
period of 3 years, renewable, to the foreigner who
intends to settle in the country and does not meet the
conditions to apply for an R type visa.
Activities without work permit:
• Investor
• Pensioner
Activities with a closed work permit (only for the specific
activity):
• Employee
• Partner or Owner of a company
• Independent professional
• Promotion of internationalization
Activities with an open work permit (for the development
of any legal activity):
• Spouse of a Colombian nationalPermanent
companion of a Colombian national
• Father or mother of Colombian by birth
• Mother or father of a Colombian national by
adoption.
• Mercosur migrant
• Andean migrant
• Refugee.
(ii) Migrant Visa (M)
The Resident Visa (R) will be granted to the foreigner who
wishes to establish permanently or establish a domicile in
the country and if he satisfies any of the following
conditions:
• Having been a Colombian national, and having
renounced this nationality.
• Remain in the national territory continuously and
uninterrupted for two (2) years, as the main holder
of type M visa under the following conditions:
- Mother or father of a Colombian national by
adoption Father or mother of a Colombian national
by birth
- Mercosur migrant
- Andean migrant
- Stateless migrant
Remain in the national territory continuously and
uninterrupted for three (3) years, as the main holder of
type M visa under the following conditions:
- Spouse of a Colombian national
• Permanent companions of Colombian national
Partner or Owner
• Investor
• Pensioner
• Worker
• Independent Professional
• Refugee
(iii) Resident Visa (R)
The visa application must be made through the website of
the Ministry of Foreign Affairs. The foreigner has to pay
USD 54 (USD 12 for students) for the study of the visa
application, and once the visa is approved, the visa
issuance fee will be between USD 270 and USD 400,
depending on the type and classification of the visa.
Activities with an open work permit (for the
development of any legal activity), according to the
principle of reciprocity:
Vacation-work program
06
6.4.
To request a visa, the foreigner must submit the required
documents pursuant to each kind. These, if necessary
must be translated into Spanish by an official translator
authorized by the Ministry of Foreign Affairs of
Colombia. Official documents must be apostilled or
legalized by the Colombian Consulate or the responsible
entity in the issuance Country and any document
submitted in an application for a visa may not be issued
for more than three (3) months.
In all cases the following documents must be submitted or
complied with:
1. Visa online application form duly filled.
2. Copy of passport in good condition, which may not
be more than six (6) months issued
3. Recent front photograph, in color and white
background up to 300kb of size.
4. Copy of the page where the last Colombian visa (in
case the foreigner has had one),
5. Copy of the last departure or entrance seal (if it is
applicable) was stampe.
The migratory authority may request a certificate of
judicial or criminal record from the country where the
applicant has been domiciled for the last three (3) years.
General Requirements for Any Kind of Visa
6.5.
Specific requirements according to the
kind of visa
• For Venezuelan citizens under the Temporary
Protection Status for Venezuelan Migrants ETPV,
after having been holders of a Special Permit to Stay
or Temporary Protection Permit, PPT, for 5 years; or
having completed 5 years of accumulated time
between the two permits.
• For the foreign ex-member of the FARC-EP, who has
completed the process of laying down weapons, has
submitted to the Final Agreement for the Termination
of the Conflict and the Construction of Stable and
Durable Peace, and has made transition to legality,
in the terms of the Decree 831 of 2017.
• The validity of the R Visa will be indefinite; however,
the visa label will be valid for 5 years, which can be
updated every 5 years with a visa transfer.
• The foreigner with Resident Visa may exercise any
legal activity in Colombia.
• If the holder of an R Visa leaves the Country for more
than two (2) continuous years or more, he will lose
his right.
6.3.2.
A beneficiary visa may be granted to members of a
family group, who are economic dependents of the main
holder of an M or R type visa. It can also be granted to
those dependent on the main holder of a V type visa only
when it has been granted for the activities: Postgraduate
Student, Religious, Volunteer or Cooperant, Digital
Nomads Permanent correspondent, FTA Businessmen,
Officials not accredited, Service provider-work,
Promotion of internationalization, Rentier, Courtesy
Visiting Diplomats, and Complementary Measure for
Refugee
The spouse, permanent companion, and children under
the age of twenty-five (25) will be understood as
members of the family nucleus of the main holder of a
visa. When a son/daughter over the age of twenty-five
(25) have a disability and cannot stand on his own, he
may apply for a visa as a beneficiary.
The validity of a beneficiary visa cannot exceed the
period that has been granted to the holder of the original
visa, and shall expire at the same time without needing
an express decision of the competent authority.
If the beneficiary ceases to be economically dependent
on the holder of the original visa, or they lose their status
as spouse or permanent partner, they must apply for the
appropriate type of visa, after fulfilling the requirements
established for this purpose. When the visa holder gets
the Colombian citizenship by adoption, or dies, his
beneficiaries may request the appropriate visa in order
to stay in the country.
According to the kind of visa requested, the foreigner
must comply with some particular requirements, ranging
from the presentation of documents supporting his or her
economic capacity or that of his or her sponsor and the
original or summary of the contract signed by the
foreigner and the Legal Representative of the company,
to health policies in some particular visas. Some kinds of
visas do not allow the issuance of beneficiary visas. In
cases where it is allowed, in addition to the presentation
of the principal holder's visa documents and those
proving relationship, kinship or link, a letter signed by
the visa principal holder requesting the visa,and
declaring the dependence and economic responsibility
with respect to the beneficiary, will be required, as well
as the marriage and/or birth certificate, depending on
the case.
The following are the specific requirements for the most
common visa applications:
As of the issuance of Resolution 5477 of 2022, parents
of visa applicants will not be able to apply for a
beneficiary visa despite the fact that they depend
economically on the visa holder.
In all cases, the beneficiary's occupation will be home
or student and does not allow work.
Beneficiary
VISITOR VISA (V)
V Business V Services provider V Digital noma
• Document that specifies the activities
that the foreigner will undertake in
Colombia and confirming the
responsible economic solvency to
remain in Colombia during his/her
stay.
• Certificate of existence and legal
representation of the Colombian
company.
• Company´s bank statements, between
the last three and six months, which
shows a minimum average of one
hundred (100) legal minimum salaries
(approx. USD33.163,2)
• Document that specifies the activities
that the foreigner will undertake in
Colombia and confirming the
responsible economic solvency to
remain in Colombia during his/her
stay.
• Company´s bank statements, between
the last three and six months, which
shows a minimum average of one
hundred (100) legal minimum salaries
(approx. USD33.163,2)
• Contract summary form or original, duly
filed and signed by the foreign
• Copy of the apostilled professional
degree or labor certifications that
support his/her aptitude.
• Health insurance with coverage in the
national territory.
• Be the holder of a passport issued by a
country exempt from a short-stay visa.
• Letter that specifies the activities that the
foreigner will undertake in Colombia
and the remuneration received by the
applicant.
• In the case of entrepreneurs, motivatio-
nal letter explaining the entrepreneurs-
hip project and the resources.
• Bank statements, between the last three
months, which shows a minimum
income of three (3) legal minimum
salaries (approx. USD994,89)
MIGRANT VISA (M)
M Employee
M Partner or Owner
of a company
M Investor
• Contract summary form or original,
duly filed and signed by the foreign,
with the specification of the
contracted position.
• Letter of motivation from the employer
stating the suitability, activities to be
performed and the reasons why a
national is not hired.
• Certificate of existence and legal
representation of the Colombian
company.
• Company´s bank statements,
between the last four months, which
shows a minimum average of one
hundred (100) legal minimum
salaries (approx. USD33.163,2).
• Copy of the apostilled professional
degree or labor certifications that
support his/her aptitude, and in the
case of regulated professions, apply
for the permit before the correspon-
ding professional council.
• Document that specifies the name,
address and Tax Identification Number
(NIT) of the commercial company
incorporated or in which investment is
made.
• Proof of incorporation, participation,
acquisition of paid-in capital of a
commercial company, or registration of
foreign investment, for an amount not
less than 100 legal minimum salaries
(approx. USD33.163,2)
• Provide bank statements of the company
for the last three months, income tax
returns, social security contributions,
lease contract and/or proof of payment
of industry and commerce taxes.
• Certificate of shareholder composition,
proving solvency and amount of the
investment.
• Communication issued by the Central
Bank (Banco de la República) stating
the registration of the foreign direct
investment on behalf of the visa
applicant, for an amount higher than
650 SMLMV (approx.
USD215.561,2)
• In case of investment in real estate, a
certificate of title and ownership of
the real estate on behalf of the
foreigner for a minimum value of
350 SMLMV (approx.
USD116.071,4) and a communica-
tion issued by the Central Bank
(Banco de la República) stating the
registration of the investment.
• Health insurance with coverage in
the national territory.
• Documents proving economic
capacity to stay in the country.
07
R RESIDENT BY DURATION OF STAY
• Document explaining the source of income for self-support and describing the circumstances that maintain the conditions that gave rise to
the issuance of the visa.
• Copy of the foreigner's identification card (cédula de extranjería).
• Documents proving economic capacity to stay in the country.
• Copy of the temporary visas proving the uninterrupted years of continuous stay in the territory.
• Certification of Migratory Movements issued by the Special Administrative Unit of Migration Colombia
• When a resident visa is requested and a spouse or permanent partner has previously held a visa, a letter from the spouse must be provided
stating that the relationship and cohabitation persists.
08
Civil records, such as birth and marriage records, diplomas and transcripts, and other public documents issued abroad,
must be officially translated into Spanish. Then they shall be authenticated by the respective Consulate, and by the
Colombian Ministry of Foreign Affairs of Colombia, pursuant to the Civil Procedure Code, or apostilled as the case may
be. Citizens from Ecuador, Japan and the Republic of Korea are exempt from visa issuance fees; however, they must pay
government fees for the study of the visa application. Ecuadorian nationals will only have to pay the visa study, equivalent
to USD 30. For the case of the Japan and Republic of Korea citizens, they shall pay the visa study corresponding to the
class and type of visa. Spanish citizens are exempted from the payment of all fees under visa application processes.
In order to know the specific requirements of each type of visa, it is advisable to contact the Colombian Consulate of your
best convenience.
6.6.
Cases for a visa cancellation
Visas may be cancelled on the following situations:
1. Request from the Special Administrative Unit for
Migration Colombia.
2. Expulsion or deportation.
3. Judicial conviction.
4. Conduct contrary to the National Code of Police and
Coexistence and sanctions imposed for behavior
contrary to coexistence or domestic violence.
5. Acts on the part of the applicant that have induced
to an error in the issuance of the visa.
6. Ideological or material falsehood in the documents
provided in the visa application or adulteration of
the visa granted.
7. Disrespect to patriotic symbols, the country, its
inhabitants or its authorities.
8. When the Visa and Immigration Authority evidences
the violation of constitutional and legal norms by the
foreigner.
9. When the foreigner, under any modality, has made
possible the irregular entry of another foreigner to
the country.
10. Activities that do not correspond to those authorized
in the visa.
11. Failure to comply with the obligations of the specific
type of visa.
12. Change of the circumstances that gave rise to the
issuance of the visa when the foreigner does not inform
the Visa and Immigration Authority, in which case, the
cancellation of the visa will proceed from the date on
which the change of circumstances took place.
The Ministry of Foreign Affairs, or the Special
Administrative Unit Migration Colombia, may cancel a
visa at any time with a written record in the form of a
minute. This decision shall be made in a discretionary
power and no appeals can be filed. After the notification
of the cancellation of the visa, the foreigner must leave
the Country within the next thirty (30) calendar days.
Otherwise, the foreigner may be deported. The
foreigner whose visa has been canceled may only submit
a new application, as established by the resolution that
will be subscribed by the Ministry of Foreign Affairs.
09
Foreign professionals may obtain the validation of their
professional diplomas in Colombia and the recognition
of their professional degree, through an administrative
procedure carried out before the Ministry of National
Education. This procedure may take from six (6) to
eighteen (18) months and ends with the validation of the
respective degree through a resolution.
Once the validation is obtained, the foreigner must apply
for registration or the expedition of his professional card
before a Professional Council, which is in charge of
regulating and supervising the exercise of activities and
professions in Colombia, both for nationals and
foreigners.
The foreigner is authorized to practice his profession
and/or activity only with the issuance of the registration,
professional card or temporary permit/license issued by
the respective professional council.
6.7.
Migratory Register and Control
6.9.
Recognition of foreign degrees and
professional activity
Colombian nationality by adoption is the concession
that, in a sovereign and discretionary manner, the
Colombian Government makes to grant foreigners
Colombian nationality by adoption through a Letter of
Naturalization.
On September 25, 2023, Law 2332 of 2023 was
issued, which derogated Law 43 of 1993. This new Law
establishes the requirements and the procedure
necessary for the acquisition, loss and recovery of
Colombian nationality and other provisions are enacted.
Pursuant to the aforementioned regulation, they are
Colombian nationals by adoption:
a) Foreigners who request and obtain a letter of
naturalization, in accordance with the law, which will
establish the cases in which Colombian nationality is lost
by adoption;
b) Latin Americans and Caribbean by birth
domiciled in Colombia, who, with the authorization of
the National Government and in accordance with the
law and the principle of reciprocity, request to be
registered as Colombians before the municipality where
they are established; and,
c) Members of indigenous peoples who share
border territories, with application of the principle of
reciprocity according to public treaties.
6.10.
Colombian nationality by adoption
Once the foreigner's visa is issued, the visa registration
process and application for a foreigner's identification
card must be completed before the Special
Administrative Unit Migration Colombia within the
following fifteen (15) calendar days to the date in which
the visa is granted, and/or the date the foreigner enters
the Country with the granted visa. Registration is
required every time the foreigner has a new visa, or if
there is a change in the visa status.
In case of a change of residence or domicile of the
foreigner In Colombia, this must be reported to the
Special Administrative Unit Migration Colombia within
fifteen (15) days after moving to the new address.
Likewise, it is the obligation of every company, to inform
to the Special Administrative Unit Migration Colombia
the foreigner´s initiation or finalization of activities that
generate any kind of benefit to the company, within
fifteen (15) calendar days as from the occurrence.
The Special Administrative Unit Migration Colombia
may impose financial penalties to foreign companies that
breach their obligations pursuant to immigration
regulations. The amount of the economic sanctions varies
according to the severity of the breach, but can go from
26,31 U.V.T. (COP $1,238,280 - approx. USD 285.9)
to 2.631,3 U.V.T. (COP $123,842,134 - approx.
USD28,600). Likewise, foreigners according to the
seriousness of the offense may be subject to deportation
or expulsion from the Country as set forth in a motivated
decision.
6.8.
Temporary Protection Status for
Venezuelan Migrants
This is a additional mechanism to the international
protection regime for refugees, with the purpose of
allowing Venezuelan migrants who take advantage of
the measure to obtain a legal residence in Colombia
and, among others, to be eligible within a period of ten
(10) years to obtain a resident visa. This mechanism only
and exclusively applies to migrants who entered
regularly by stamping their passport at a migration
control post from May 29, 2021, until May 28, 2023,
minors who are currently linked to the national education
system, provided they meet these requirements, and are
registered in the Single Registry of Venezuelan Migrants
- RUMV until November 24, 2023.
REGULATION SUBJECT
Regulatory Decree of the Administrative Sector of Foreign Affairs
Decree 1067 of 2015
Whereby the requirements and procedure for the acquisition, loss and
recovery of Colombian nationality are established and other
provisions are issued.
Law 2332 of 2023
Whereby a charge is established for the admission of Canadian
nationals for reciprocity purposes in relation to the costs caused by the
imposition of biometric data to Colombian nationals.
Whereby the Special Peace Resident visa is created, granted to
foreigners who are former members of the FARC-EP.
By which paragraphs B) and C) of Article 3 related to "Holders of
other passports exempt from visa for short stay activities", "Nationals
of States with conditional exemption from visa for short stay activities"
and Article 8 related to "foreigners requiring visa for direct airport
transit" of Chapter III of Resolution 5488 of July 22, 2022 are
amended.
Resolution 2676 of 2023
Resolution 3717 of 2023
Lists of countries that do not require visa for the three types of visitors.
Resolution 5488 of 2022
Requirements for each type of visa.
Resolution 5477 of 2012
Decree 831 of 2017
Rules to suppress or reform unnecessary regulations, procedures,
or proceedings.
Decree 019 of 2012
By which they modify and suppress certain requirements for the
formalities of foreigners.
Establishes the criteria for the compliance of the immigration
obligations and the sanctioning procedure of the Special
Administrative Unit Migration Colombia
By means of which the criteria for the entry, permanence and exit of
nationals and foreigners from the Colombian territory are established;
and, the mechanisms and standards applicable in the process of
immigration control are set forth.
By which the criteria for the fulfilment of migratory obligations and the
sanctioning procedure of the Special Administrative Unit for Migration
Colombia are established.
By means of which the Temporary Statute of Protection for Venezuelan
Migrants under Temporary Protection Regime is adopted and other
provisions on migratory matters are issued. .
Whereby Resolution 2357 of 2020 is amended and the calculation of
penalties imposed by the Special Administrative Unit Migration
Colombia confirms the provisions of Article 49 of Law 1955 of 2019.
Whereby the Temporary Protection Permit (PPT) Processing
Certification Form is adopted as an identification document for
Venezuelan nationals within the territory of the Republic of Colombia
and other provisions are issued.
Resolution 2357 of 2020
Decree 216 of 2021
Resolution 3770 of 2021
Resolution 4278 od 2022
Resolution 1241 of 2015
Resolution 714 of 2015
Resolution 3167/2019
10
Naturalization is the sovereign and discretionary decision of the President of the Republic, delegated to the Ministry of Foreign
Affairs, to grant Colombian nationality by adoption to a foreigner who meets the requirements established in the Constitution and
the law. The foreigner who wishes to opt for Colombian nationality by adoption may go through the ordinary naturalization
procedure before the Ministry of Foreign Affairs.
Regulatory Framework
Address:
Phone:
Web page:
Carrera 7 # 71 - 52 Bogotá, D.C. Colombia
+57 (601) 325 7300
https:/
/phrlegal.com
11
GUIA_LEGAL_CHAPTER_6_IMMIGRATION_REGIME.pdf

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GUIA_LEGAL_CHAPTER_6_IMMIGRATION_REGIME.pdf

  • 2. This document reflects the valid Colombian legislation at the date of its development and it seeks to provide general and basic information of the Colombian law. This message does not represent or replace legal counsel of a specific or particular matter. Such legal counsel must be obtained from specialized legal services. To that effect, we suggest that you contact any of the law firms that can be found in the Investor’s Services Directory located in the webpage of ProColombia LEGAL GUIDE TO DOING BUSINESS IN COLOMBIA www.procolombia.co
  • 4. i. ii. iii. iv. v. All foreigners who enter Colombia must show their passport or travel document to the immigration authority with the corresponding Colombian visa, if required. Foreign citizens from CAN (Andean Community) and Mercosur Agreement (Southern Common Market) may be required only to show their national ID documents. In cases where a visa is not required to enter Colombia, the immigration authority may grant entry and stay permits to foreign visitors who do not intend to settle within the national territory. Entry and stay permits are classified according to the provisions of Resolution 3167 of 2019 into: Tourism Permit (PT), Integration and Development Permit (PID) and Other Activities Permit (POA). In Colombia there are currently three (3) categories of visa (V Visitor Visa, M Migrant Visa, and R Resident Visa) each of which is granted depending on the nature of the visit and according to the intention to settle in the country. In the case of Venezuelan citizens, they may obtain a Temporary Protection Permit (Permiso por Protección Temporal – PPT for its acronym in Spanish) which will grant them an open work permit in Colombia for up to ten (10) years. Natural or legal persons who hire, link, contract or admit a foreigner by generating any benefit, must make a report to the Migration Colombia office, through the Sistema de Información para el Reporte de Extranjeros – SIRE for its acronym in Spanish- within the timelines set by law. When a foreigner enters Colombia with a Tourist Permit or holds a visa that allows him/her to work in Colombia, such registration must be executed within the fifteen (15) days after the initiation or termination of the activity. In addition, all public and privates companies that hire (or contract) foreigners (employment or service contract) in national territory are also bound to report it in the Single Registry of Foreigners in Colombia - RUTEC by its acrimony in Spanish- in a term not exceeding 120 calendar days, following the execution of the agreement or the engagement of the foreigner. Likewise, the employers and contracting parties shall update the registration in the RUTEC in the following events, within the 30 calendar days following their occurrence: - Termination of the engagement or contracting of the foreign employee - When occurs an event that modifies the economic activity. Chapter 6 Colombia's immigration policy promotes the entry of foreigners who have experience, technical, professional or intellectual qualifications and who contribute to the development of economic, scientific, cultural or educational activities for the benefit of the country; as well as the contribution of capital to be invested in the constitution of companies and lawful activities that generate employment, increase exports and constitute national interest. Therefore, it is necessary for every investor to know that the following: IMMIGRATION REGIME 02 - When the foreign employee or contractor permanently changes his residency.
  • 5. vi. According to Resolution 5488 of 2022, foreigners of at least one hundred (100) nationalities are authorized to enter the country without the need for a visa. However, nationalities that are not included in this Resolution will be considered as “restricted” in Colombia. Therefore, they will be required to process a visa that authorizes them to stay in the country on a regular basis, since they will not be authorized to enter Colombia with a Tourist Permit - PT. vii. Resolution 3717 of 2023 establishes the possibility of entry into the country without a visa for foreigners holding passports of Hong Kong - SARG China and Sovereign Military Order of Malta, even though they are still considered "restricted" nationalities. 6.1. 6.1.1. Ministry of Foreign Affairs and Colombian Consulate Offices Abroad It assembles coordinating units or divisions covering several specialized areas, such as apostille, legalization, passport renewals and the granting of visas. The Visa and Immigration Division of the Ministry of Foreign Affairs and the Colombian consulates abroad have the discretionary authority to issue, disallow, deny or cancel visas in advance. The Ministry of Foreign Affairs and the Consulates have up to thirty (30) calendar days after the application has been filed to issue, comment on, or deny a visa. Government Entities Responsible for Immigration Affairs 6.1.2. Special Administrative Unit Migration Colombia This entity belongs to the Ministry of Foreign Affairs, and is responsible for the migratory control and supervision in Colombia. Some of the functions of this entity are: (a) to perform migratory control and supervision of nationals and foreigners in the country; (b) to keep the identification record of foreigners, such as immigration verification; (c) to issue documents such as foreign identity cards, safe passage, permanence and extension permits, permits to leave the Country, certificates of migratory movements, entry permits, foreigners register, and all other required procedures regarding migration and the status of foreigners; (d) to handle and collect the penalties and sanctions for the noncompliance of immigration law; (e) to cancel a visa and/or permit at any time; this decision must be written in a document against which no appeal proceeds; (f) to verify that the foreigner is performing the occupation, trade or activity which was stated in the visa application form, or the one stated in the correspondent permit. The costs for the different procedures before the immigration authorities for the year 2024, are the following: Procedure Cost* USD (approx. cost) COP 56,81 246.000 Foreign identification card 56,58 245.000 Duplicate copy of foreign identification card Free of charge Free of charge Entry and permanence permit PIP 28,86 125.000 Extension of Temporary permanence permit 17,09 74.000 Permanence or departure Safe passage 17,32 75.000 Certificate of migratory movements 80,83 350.000 Automatic migration 10 43.330 Admission of Nicaraguans 62,91 (C$85 – CAD) 272.400 Admission of Canadians 3,9 17.000 Duplicate temporary protection Generally, these amounts are updated on an annual basis. 03
  • 6. 6.2. The entry and permanence permits are special authorizations issued by the Special Administrative Unit Migration Colombia. The permit is issued to foreigners who pretend to enter the Country without the intention of staying in Colombia, and who do not require a visa because they have a non-restricted nationality in Colombian regulations. To obtain any of these permits, the migration authority must stamp a visitor “seal in the foreigners” passport upon arrival to Colombia. The stamp must indicate the number of days the visitor can remain in the country, except in the case of permit for Other Activities (POA), which requires an application prior the entry to the country before the Special Administrative Unit Migration Colombia. The following are the permits to enter or to stay in Colombia under the current immigration laws: a. Entry and Permanence Permit (PIP for its Spanish acronym) The entry and permanence permit (PIP) will be issued for a period of ninety (90) calendar days. Otherwise, for the permits to enter and stay as a technical visitor (POA for technical assistance), the PIP will be granted only for thirty (30) calendar days. The permit will also be granted to the foreigner who wishes to enter the national territory as a crew or member of international transportation (POA for a crew member), with a term of ten (10) to thirty (30) days. The permit granted to the foreigner to enter and carry out temporary transit shall be valid for fifteen (15) days. The types of PIP permits are detailed below: (i) Tourism Permit (PT for its acronym in Spanish): It is granted to foreigners who wish to enter the country to perform rest activities, medical treatment, to participate or attend cultural, scientific, sports, conventions or business events. It will also be granted to foreigners who require or not a visa and intend to enter the country by integrating tourist groups in maritime transit on cruise ships and arriving at seaports and who will re-board in the same ship. (ii) Integration and Development Permit (PID for its acronym in Spanish): It is granted abroad when entering the country to develop any of the following activities: • International cooperation and assistance agreements or treaties. • Personal matters: To conduct personal matters in judicial, administrative or refuge procedures, among others. Likewise, to present an interview or participate in a recruitment process. • Importance for the national government or its institutions. Educational: To assist as students, in the development of non-formal academic programs or student practices, or under an academic exchange agreement or to be trained in an art or activity whose duration is less than 180 days. (iii) Permission Other Activities (POA for its acronym in Spanish): It is granted to the foreigner who needs to enter the country to carry out any of the following tasks: • To provide technical assistance: for individuals that do not require a visa and intend to enter the country urgently, to provide specialized technical assistance that cannot be obtained in the country. • Concerts, events, or artistic activities: for individuals who intend to enter the country to make artistic presentations in tours or mass events. The Special Administrative Unit Migration Colombia may cancel the (a) entry and Permanence Permit in any of its modalities (PT, PID, POA), at any time. The cancellation shall be recorded in writing and no appeal is applicable against it. In addition, permits will be canceled in case of deportation or expulsion, and when there is evidence of fraudulent or intentional acts by the applicant to evade the compliance of legal requirements. These acts include any activity that may mislead the granting of the permit and the incident will be reported to the appropriate authorities. After the notification of the cancellation of the permit the foreigner must leave the Country within the next five calendar days. Otherwise, the foreigner could be deported. • Speakers, teachers, or researchers: To carry out activities as teachers, lecturers, or researchers, programmed by educational, business entities, etc. • Journalistic work. • In cases of urgency. When, by judgement of the migratory or health authority, they need to enter the Colombian territory as a result of events derived from natural disasters, alteration of public order, the vulnerability of Human Rights, stowaways, shipwrecked, or health effects that represent a risk to life. If necessary, the admission of a companion will be authorized, under the same conditions as the affected individual. When the nationality of the foreigner requires a visa to enter Colombia, the waiving of this requirement will be analyzed and supported. • Official or service commission. To exercise the representation of the State that accredits it in international relations. Entry and Permanence Permits 6.3. It is the authorization granted by the Ministry of Foreign Affairs to a foreigner to enter and stay in Colombia. Its application and processing in general is made virtually, through the website of the Ministry of Foreign Affairs. Its study and approval are in charge of the Visa and Immigration Division of the Ministry of Foreign Affairs in Bogota or the more than one hundred and thirty (130) Colombian Consulates offices located abroad. Visas 04 b. Cancelation of Permits.
  • 7. 05 6.3.1. Currently, there are three types of visa (i) Visitor visa; (ii) Migrant visa and (iii) Resident visa. Visas can be granted without a work permit, with a work permit closed, meaning, exclusively for the activity for which it was granted, or with a work permit open for the development of any legal activity in Colombia. Except for the visa granted in the category of tourist, or airport transit, any visa valid for 180 days or more will allow its holder to conduct studies during its validity or permanence authorized. The main visas and categories that a foreigner may apply for are the following: The Visitor Visa (V) will be granted for a maximum period of 2 years, to the foreigner who wishes to visit the national territory once or several times, or to remain temporarily in it without establishing himself. Activities without work permit: • Airport Transit • Tourism • Events • Business • Medical treatment • Administrative and/or judicial procedures • Unaccredited officers • Internationalization Promotion Rentier • Digital nomad • Unforeseen cases Activities with a closed work permit (only for the specific activity): • Seasonal farm worker • Religious • Crew member • Student (postgraduate university student) • Student/volunteer religious entities • Volunteer and Cooperating • Cinematographic or Audiovisual productionJournalistic coverage • Permanent correspondent • Technical assistance • Entrepreneurs FTA • Labor practice • Service provider – Work or work • Courtesy Types of Visa (i) Visitor Visa (V) The Migrant visa (M) will be granted for a maximum period of 3 years, renewable, to the foreigner who intends to settle in the country and does not meet the conditions to apply for an R type visa. Activities without work permit: • Investor • Pensioner Activities with a closed work permit (only for the specific activity): • Employee • Partner or Owner of a company • Independent professional • Promotion of internationalization Activities with an open work permit (for the development of any legal activity): • Spouse of a Colombian nationalPermanent companion of a Colombian national • Father or mother of Colombian by birth • Mother or father of a Colombian national by adoption. • Mercosur migrant • Andean migrant • Refugee. (ii) Migrant Visa (M) The Resident Visa (R) will be granted to the foreigner who wishes to establish permanently or establish a domicile in the country and if he satisfies any of the following conditions: • Having been a Colombian national, and having renounced this nationality. • Remain in the national territory continuously and uninterrupted for two (2) years, as the main holder of type M visa under the following conditions: - Mother or father of a Colombian national by adoption Father or mother of a Colombian national by birth - Mercosur migrant - Andean migrant - Stateless migrant Remain in the national territory continuously and uninterrupted for three (3) years, as the main holder of type M visa under the following conditions: - Spouse of a Colombian national • Permanent companions of Colombian national Partner or Owner • Investor • Pensioner • Worker • Independent Professional • Refugee (iii) Resident Visa (R) The visa application must be made through the website of the Ministry of Foreign Affairs. The foreigner has to pay USD 54 (USD 12 for students) for the study of the visa application, and once the visa is approved, the visa issuance fee will be between USD 270 and USD 400, depending on the type and classification of the visa. Activities with an open work permit (for the development of any legal activity), according to the principle of reciprocity: Vacation-work program
  • 8. 06 6.4. To request a visa, the foreigner must submit the required documents pursuant to each kind. These, if necessary must be translated into Spanish by an official translator authorized by the Ministry of Foreign Affairs of Colombia. Official documents must be apostilled or legalized by the Colombian Consulate or the responsible entity in the issuance Country and any document submitted in an application for a visa may not be issued for more than three (3) months. In all cases the following documents must be submitted or complied with: 1. Visa online application form duly filled. 2. Copy of passport in good condition, which may not be more than six (6) months issued 3. Recent front photograph, in color and white background up to 300kb of size. 4. Copy of the page where the last Colombian visa (in case the foreigner has had one), 5. Copy of the last departure or entrance seal (if it is applicable) was stampe. The migratory authority may request a certificate of judicial or criminal record from the country where the applicant has been domiciled for the last three (3) years. General Requirements for Any Kind of Visa 6.5. Specific requirements according to the kind of visa • For Venezuelan citizens under the Temporary Protection Status for Venezuelan Migrants ETPV, after having been holders of a Special Permit to Stay or Temporary Protection Permit, PPT, for 5 years; or having completed 5 years of accumulated time between the two permits. • For the foreign ex-member of the FARC-EP, who has completed the process of laying down weapons, has submitted to the Final Agreement for the Termination of the Conflict and the Construction of Stable and Durable Peace, and has made transition to legality, in the terms of the Decree 831 of 2017. • The validity of the R Visa will be indefinite; however, the visa label will be valid for 5 years, which can be updated every 5 years with a visa transfer. • The foreigner with Resident Visa may exercise any legal activity in Colombia. • If the holder of an R Visa leaves the Country for more than two (2) continuous years or more, he will lose his right. 6.3.2. A beneficiary visa may be granted to members of a family group, who are economic dependents of the main holder of an M or R type visa. It can also be granted to those dependent on the main holder of a V type visa only when it has been granted for the activities: Postgraduate Student, Religious, Volunteer or Cooperant, Digital Nomads Permanent correspondent, FTA Businessmen, Officials not accredited, Service provider-work, Promotion of internationalization, Rentier, Courtesy Visiting Diplomats, and Complementary Measure for Refugee The spouse, permanent companion, and children under the age of twenty-five (25) will be understood as members of the family nucleus of the main holder of a visa. When a son/daughter over the age of twenty-five (25) have a disability and cannot stand on his own, he may apply for a visa as a beneficiary. The validity of a beneficiary visa cannot exceed the period that has been granted to the holder of the original visa, and shall expire at the same time without needing an express decision of the competent authority. If the beneficiary ceases to be economically dependent on the holder of the original visa, or they lose their status as spouse or permanent partner, they must apply for the appropriate type of visa, after fulfilling the requirements established for this purpose. When the visa holder gets the Colombian citizenship by adoption, or dies, his beneficiaries may request the appropriate visa in order to stay in the country. According to the kind of visa requested, the foreigner must comply with some particular requirements, ranging from the presentation of documents supporting his or her economic capacity or that of his or her sponsor and the original or summary of the contract signed by the foreigner and the Legal Representative of the company, to health policies in some particular visas. Some kinds of visas do not allow the issuance of beneficiary visas. In cases where it is allowed, in addition to the presentation of the principal holder's visa documents and those proving relationship, kinship or link, a letter signed by the visa principal holder requesting the visa,and declaring the dependence and economic responsibility with respect to the beneficiary, will be required, as well as the marriage and/or birth certificate, depending on the case. The following are the specific requirements for the most common visa applications: As of the issuance of Resolution 5477 of 2022, parents of visa applicants will not be able to apply for a beneficiary visa despite the fact that they depend economically on the visa holder. In all cases, the beneficiary's occupation will be home or student and does not allow work. Beneficiary
  • 9. VISITOR VISA (V) V Business V Services provider V Digital noma • Document that specifies the activities that the foreigner will undertake in Colombia and confirming the responsible economic solvency to remain in Colombia during his/her stay. • Certificate of existence and legal representation of the Colombian company. • Company´s bank statements, between the last three and six months, which shows a minimum average of one hundred (100) legal minimum salaries (approx. USD33.163,2) • Document that specifies the activities that the foreigner will undertake in Colombia and confirming the responsible economic solvency to remain in Colombia during his/her stay. • Company´s bank statements, between the last three and six months, which shows a minimum average of one hundred (100) legal minimum salaries (approx. USD33.163,2) • Contract summary form or original, duly filed and signed by the foreign • Copy of the apostilled professional degree or labor certifications that support his/her aptitude. • Health insurance with coverage in the national territory. • Be the holder of a passport issued by a country exempt from a short-stay visa. • Letter that specifies the activities that the foreigner will undertake in Colombia and the remuneration received by the applicant. • In the case of entrepreneurs, motivatio- nal letter explaining the entrepreneurs- hip project and the resources. • Bank statements, between the last three months, which shows a minimum income of three (3) legal minimum salaries (approx. USD994,89) MIGRANT VISA (M) M Employee M Partner or Owner of a company M Investor • Contract summary form or original, duly filed and signed by the foreign, with the specification of the contracted position. • Letter of motivation from the employer stating the suitability, activities to be performed and the reasons why a national is not hired. • Certificate of existence and legal representation of the Colombian company. • Company´s bank statements, between the last four months, which shows a minimum average of one hundred (100) legal minimum salaries (approx. USD33.163,2). • Copy of the apostilled professional degree or labor certifications that support his/her aptitude, and in the case of regulated professions, apply for the permit before the correspon- ding professional council. • Document that specifies the name, address and Tax Identification Number (NIT) of the commercial company incorporated or in which investment is made. • Proof of incorporation, participation, acquisition of paid-in capital of a commercial company, or registration of foreign investment, for an amount not less than 100 legal minimum salaries (approx. USD33.163,2) • Provide bank statements of the company for the last three months, income tax returns, social security contributions, lease contract and/or proof of payment of industry and commerce taxes. • Certificate of shareholder composition, proving solvency and amount of the investment. • Communication issued by the Central Bank (Banco de la República) stating the registration of the foreign direct investment on behalf of the visa applicant, for an amount higher than 650 SMLMV (approx. USD215.561,2) • In case of investment in real estate, a certificate of title and ownership of the real estate on behalf of the foreigner for a minimum value of 350 SMLMV (approx. USD116.071,4) and a communica- tion issued by the Central Bank (Banco de la República) stating the registration of the investment. • Health insurance with coverage in the national territory. • Documents proving economic capacity to stay in the country. 07
  • 10. R RESIDENT BY DURATION OF STAY • Document explaining the source of income for self-support and describing the circumstances that maintain the conditions that gave rise to the issuance of the visa. • Copy of the foreigner's identification card (cédula de extranjería). • Documents proving economic capacity to stay in the country. • Copy of the temporary visas proving the uninterrupted years of continuous stay in the territory. • Certification of Migratory Movements issued by the Special Administrative Unit of Migration Colombia • When a resident visa is requested and a spouse or permanent partner has previously held a visa, a letter from the spouse must be provided stating that the relationship and cohabitation persists. 08 Civil records, such as birth and marriage records, diplomas and transcripts, and other public documents issued abroad, must be officially translated into Spanish. Then they shall be authenticated by the respective Consulate, and by the Colombian Ministry of Foreign Affairs of Colombia, pursuant to the Civil Procedure Code, or apostilled as the case may be. Citizens from Ecuador, Japan and the Republic of Korea are exempt from visa issuance fees; however, they must pay government fees for the study of the visa application. Ecuadorian nationals will only have to pay the visa study, equivalent to USD 30. For the case of the Japan and Republic of Korea citizens, they shall pay the visa study corresponding to the class and type of visa. Spanish citizens are exempted from the payment of all fees under visa application processes. In order to know the specific requirements of each type of visa, it is advisable to contact the Colombian Consulate of your best convenience. 6.6. Cases for a visa cancellation Visas may be cancelled on the following situations: 1. Request from the Special Administrative Unit for Migration Colombia. 2. Expulsion or deportation. 3. Judicial conviction. 4. Conduct contrary to the National Code of Police and Coexistence and sanctions imposed for behavior contrary to coexistence or domestic violence. 5. Acts on the part of the applicant that have induced to an error in the issuance of the visa. 6. Ideological or material falsehood in the documents provided in the visa application or adulteration of the visa granted. 7. Disrespect to patriotic symbols, the country, its inhabitants or its authorities. 8. When the Visa and Immigration Authority evidences the violation of constitutional and legal norms by the foreigner. 9. When the foreigner, under any modality, has made possible the irregular entry of another foreigner to the country. 10. Activities that do not correspond to those authorized in the visa. 11. Failure to comply with the obligations of the specific type of visa. 12. Change of the circumstances that gave rise to the issuance of the visa when the foreigner does not inform the Visa and Immigration Authority, in which case, the cancellation of the visa will proceed from the date on which the change of circumstances took place. The Ministry of Foreign Affairs, or the Special Administrative Unit Migration Colombia, may cancel a visa at any time with a written record in the form of a minute. This decision shall be made in a discretionary power and no appeals can be filed. After the notification of the cancellation of the visa, the foreigner must leave the Country within the next thirty (30) calendar days. Otherwise, the foreigner may be deported. The foreigner whose visa has been canceled may only submit a new application, as established by the resolution that will be subscribed by the Ministry of Foreign Affairs.
  • 11. 09 Foreign professionals may obtain the validation of their professional diplomas in Colombia and the recognition of their professional degree, through an administrative procedure carried out before the Ministry of National Education. This procedure may take from six (6) to eighteen (18) months and ends with the validation of the respective degree through a resolution. Once the validation is obtained, the foreigner must apply for registration or the expedition of his professional card before a Professional Council, which is in charge of regulating and supervising the exercise of activities and professions in Colombia, both for nationals and foreigners. The foreigner is authorized to practice his profession and/or activity only with the issuance of the registration, professional card or temporary permit/license issued by the respective professional council. 6.7. Migratory Register and Control 6.9. Recognition of foreign degrees and professional activity Colombian nationality by adoption is the concession that, in a sovereign and discretionary manner, the Colombian Government makes to grant foreigners Colombian nationality by adoption through a Letter of Naturalization. On September 25, 2023, Law 2332 of 2023 was issued, which derogated Law 43 of 1993. This new Law establishes the requirements and the procedure necessary for the acquisition, loss and recovery of Colombian nationality and other provisions are enacted. Pursuant to the aforementioned regulation, they are Colombian nationals by adoption: a) Foreigners who request and obtain a letter of naturalization, in accordance with the law, which will establish the cases in which Colombian nationality is lost by adoption; b) Latin Americans and Caribbean by birth domiciled in Colombia, who, with the authorization of the National Government and in accordance with the law and the principle of reciprocity, request to be registered as Colombians before the municipality where they are established; and, c) Members of indigenous peoples who share border territories, with application of the principle of reciprocity according to public treaties. 6.10. Colombian nationality by adoption Once the foreigner's visa is issued, the visa registration process and application for a foreigner's identification card must be completed before the Special Administrative Unit Migration Colombia within the following fifteen (15) calendar days to the date in which the visa is granted, and/or the date the foreigner enters the Country with the granted visa. Registration is required every time the foreigner has a new visa, or if there is a change in the visa status. In case of a change of residence or domicile of the foreigner In Colombia, this must be reported to the Special Administrative Unit Migration Colombia within fifteen (15) days after moving to the new address. Likewise, it is the obligation of every company, to inform to the Special Administrative Unit Migration Colombia the foreigner´s initiation or finalization of activities that generate any kind of benefit to the company, within fifteen (15) calendar days as from the occurrence. The Special Administrative Unit Migration Colombia may impose financial penalties to foreign companies that breach their obligations pursuant to immigration regulations. The amount of the economic sanctions varies according to the severity of the breach, but can go from 26,31 U.V.T. (COP $1,238,280 - approx. USD 285.9) to 2.631,3 U.V.T. (COP $123,842,134 - approx. USD28,600). Likewise, foreigners according to the seriousness of the offense may be subject to deportation or expulsion from the Country as set forth in a motivated decision. 6.8. Temporary Protection Status for Venezuelan Migrants This is a additional mechanism to the international protection regime for refugees, with the purpose of allowing Venezuelan migrants who take advantage of the measure to obtain a legal residence in Colombia and, among others, to be eligible within a period of ten (10) years to obtain a resident visa. This mechanism only and exclusively applies to migrants who entered regularly by stamping their passport at a migration control post from May 29, 2021, until May 28, 2023, minors who are currently linked to the national education system, provided they meet these requirements, and are registered in the Single Registry of Venezuelan Migrants - RUMV until November 24, 2023.
  • 12. REGULATION SUBJECT Regulatory Decree of the Administrative Sector of Foreign Affairs Decree 1067 of 2015 Whereby the requirements and procedure for the acquisition, loss and recovery of Colombian nationality are established and other provisions are issued. Law 2332 of 2023 Whereby a charge is established for the admission of Canadian nationals for reciprocity purposes in relation to the costs caused by the imposition of biometric data to Colombian nationals. Whereby the Special Peace Resident visa is created, granted to foreigners who are former members of the FARC-EP. By which paragraphs B) and C) of Article 3 related to "Holders of other passports exempt from visa for short stay activities", "Nationals of States with conditional exemption from visa for short stay activities" and Article 8 related to "foreigners requiring visa for direct airport transit" of Chapter III of Resolution 5488 of July 22, 2022 are amended. Resolution 2676 of 2023 Resolution 3717 of 2023 Lists of countries that do not require visa for the three types of visitors. Resolution 5488 of 2022 Requirements for each type of visa. Resolution 5477 of 2012 Decree 831 of 2017 Rules to suppress or reform unnecessary regulations, procedures, or proceedings. Decree 019 of 2012 By which they modify and suppress certain requirements for the formalities of foreigners. Establishes the criteria for the compliance of the immigration obligations and the sanctioning procedure of the Special Administrative Unit Migration Colombia By means of which the criteria for the entry, permanence and exit of nationals and foreigners from the Colombian territory are established; and, the mechanisms and standards applicable in the process of immigration control are set forth. By which the criteria for the fulfilment of migratory obligations and the sanctioning procedure of the Special Administrative Unit for Migration Colombia are established. By means of which the Temporary Statute of Protection for Venezuelan Migrants under Temporary Protection Regime is adopted and other provisions on migratory matters are issued. . Whereby Resolution 2357 of 2020 is amended and the calculation of penalties imposed by the Special Administrative Unit Migration Colombia confirms the provisions of Article 49 of Law 1955 of 2019. Whereby the Temporary Protection Permit (PPT) Processing Certification Form is adopted as an identification document for Venezuelan nationals within the territory of the Republic of Colombia and other provisions are issued. Resolution 2357 of 2020 Decree 216 of 2021 Resolution 3770 of 2021 Resolution 4278 od 2022 Resolution 1241 of 2015 Resolution 714 of 2015 Resolution 3167/2019 10 Naturalization is the sovereign and discretionary decision of the President of the Republic, delegated to the Ministry of Foreign Affairs, to grant Colombian nationality by adoption to a foreigner who meets the requirements established in the Constitution and the law. The foreigner who wishes to opt for Colombian nationality by adoption may go through the ordinary naturalization procedure before the Ministry of Foreign Affairs. Regulatory Framework
  • 13. Address: Phone: Web page: Carrera 7 # 71 - 52 Bogotá, D.C. Colombia +57 (601) 325 7300 https:/ /phrlegal.com 11
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