NEW COLOMBIAN IMMIGRATION REFORM.

The Ministry of Foreign Affairs of Colombia issued Resolution 6045 of 2017 that repeals Resolution 5512 of 2015, and as a result, a new order is established for the entry of foreigners to the country, related to the types of visa, the scope and the particularities of each visa, the conditions, requirements and procedures for its application, study, decision, termination and cancellation.

One of the substantial changes in the matter refers to the new categorization and nomenclature of visas. It will no longer be referred to the temporary visa (TP), business visa (NE) or resident visa (RE), but to three types of visas that are:

1. VISITOR (Type V). Foreigner who wishes to visit the national territory once or several times, or remain there without establishing himself. 17 different categories are defined according to the activity you plan to develop as a business visit and technical assistance.

2. MIGRANT VISA (Type M): Foreigner who intends to settle in the country and does not meet conditions for type R visa. 12 categories are described, which include the Worker and Mercosur.

3. RESIDENT VISA (Type R). For those who aspire to establish or fix their permanent domicile in Colombia and that complies with the conditions (5 categories are included).

SIGNIFICANT CHANGES IN THE NEW MIGRATORY REGIME

• The Mercosur visa increases its validity by one year, for a total of 3 years, retaining the benefits of allowing any legal activity.
• The M investor visa in real estate is a very good option to live in Colombia (purchase of property in an amount not less than three hundred fifty (350) SMMLV * and certified by the Department of International Exchange of the Bank of the Republic, but not allows to work in the country.
• The M visa for entrepreneurs is also an interesting opportunity to reside in Colombia (participation in social capital of a commercial company for an amount of not less than one hundred (100) SMMLV *, it allows working in the authorized activity and its validity is for 3 years.
• In the worker’s M visa, a letter of justification for hiring by the employer must be added to the requirements established previously for the Tp4 Visas, and the visa authority may require the presentation of the original contract in any of the cases.
• To obtain a Resident’s visa in the case of a Colombian spouse, it has been reduced from three to two years, it is valid for 5 years and allows work.
• The technical assistance visa is eliminated, being recognized in the category of visitors. Foreigners may exercise temporary activities while remaining in a contract abroad. They are granted for two years.

ADDITIONAL OBLIGATIONS

Registration of visa and aliens identification card. The obligation continues within 15 days of the granting of the visa for the registration and obtaining of the alien registration card for both the holder and his / her dependents.

SIRE report. All companies are required to report the start and end of activities of foreigners that generate profits for the company.

Exercises of regulated activities. Although it is not a requirement to obtain a visa, it must be authorized by the competent body to practice the profession in the country.

OTHER RELEVANT POINTS

• When the visa authority requires the applicant to provide additional information for the process, the term to adopt the decision may be extended up to thirty calendar days
• Visas issued before the entry into force of this resolution will maintain their validity and conditions and upon expiration a new visa must be requested in accordance with the regulations.
• The visa authority may require the applicant to submit a criminal record from their country of origin.

Notwithstanding the changes in the new reform, a discretionality component is still maintained in the requirements so that, for the approval or not of the visa, the authority in charge may request additional documentation and continue conducting interviews in cases where this consider it relevant. If the visa is not granted, you must wait a year to reapply.

It can be concluded that this new regulation is a reflection of the government’s tendency to create incentives to increase foreign investment, and to modernize the migration process, based on the best practices worldwide.

SRS Colombia has immigration lawyers and consultants specialized in Immigration Reform who facilitate and expedite the immigration procedures of expatriates arriving in our territory.

* SMMLV: Minimum Monthly Legal Salary Valid. In 2018 it increased by 5.9% to $ 781,242 COP