Corporate Immigration 2024 Comparisons

The immigration policy in Colombia has been shaped in recent years by the immigration phenomena that the country is experiencing due to several factors, including the Venezuelan socioeconomic crisis that has led more than 2 million Venezuelans to migrate to Colombia in the past years.

Currently, the local immigration regulation includes international treaties and instruments ratified by Colombia, Law 2136/2021, which defines the immigration policy and multiple Decrees and Resolutions issued by the Ministry of Foreign Affairs and Migración Colombia as the main authorities on this matter.

The Colombian government has made significant efforts to align its immigration policy with the country's current migration needs, which is greatly appreciated. However, there are opportunities for improvement, particularly in the practical implementation of the policy and its associated regulations.

In addition, Colombia recently issued regulations regarding the visa regime in Colombia (Resolution 5477/2022) and visa-waived nationalities (Resolution 5488/2022) that introduced important modifications to these subjects in the country.

Currently, no changes to immigration policy are expected in this jurisdiction, as it has recently undergone several modifications (see 1.1 Immigration Policy).

The primary visa options for sponsor-based employment in Colombia are the following:

• Technical Assistance Visitor visa: To provide technical assistance to an entity/company in Colombia.
• FTA Entrepreneurs Visitor visa: This visa is for the mobility of entrepreneurs or businesspeople within the framework of Free Trade Agreements (FTA) signed and in force with other countries.
• Services Provider Visitor visa: To temporarily provide services or perform a particular job for a company in Colombia under a local contract.
• Migrant Worker visa: For foreigners aspiring to work in Colombia with a Colombian entity/company through a local employment contract.

The primary options for unsponsored work and investment in Colombia are the following visas.

• Digital Nomad Visitor visa: To provide services for a foreign company from Colombia, through remote work, as an independent contractor or employee, or to start a start-up in Colombia within the fields of digital content or information technology aligned with the country’s interest or needs.
• Migrant Mercosur visa: For nationals of the State party of the Mercosur agreement. This visa allows its holder to perform any lawful activity within the national territory.
• Migrant Andean (CAN) visa: For nationals from a State party of the Andean Migration Statute. This visa allows its holder to perform any lawful activity within the national territory.
• Migrant Shareholder visa: For foreigners who have incorporated a company or acquired shares of a company in Colombia, exceeding the minimum quantities defined by the local regulation.
• Migrant Investor visa: For foreigners who have made a direct foreign investment or have acquired real estate properties.
• Permanent Resident visa: for foreigners holding a Migrant Visa and meeting the temporal requirement to apply for a Permanent Resident Visa (from 2 to 5 years, depending on the visa category).

Visitors are only allowed to perform the activities authorised by the specific permit or visa obtained to enter and stay in Colombia.

Nationals of visa-waived countries can be granted three different permits that will allow them to perform a wide range of activities:

• Permiso de Turismo (PT)/Tourism Permit:
1. resting activities;
2. medical treatment;
3. participating in/attending cultural, scientific, sporting events and conventions; or
4. for business purposes.
• Permiso de Integración y Desarrollo (PID)/Integration and development Permit:
1. for activities related to cooperation agreements or treaties with other countries;
2. to carry out personal procedures;
3. for activities with importance for the Colombian government or its institutions;
4. for attending non-formal academic programs, internships or training;
5. to be a teacher, lecturer or researcher at educational or business entities;
6. to cover important international events as journalists;
7. for urgent cases such as natural disasters, human rights violations, etc; and
8. to represent any other country as part of international relations.
• Permiso para Desarrollar Otras Actividades (POA)/Permit to carry out other activities:
1. for providing urgent technical assistance to a Colombian entity;
2. to perform concerts, events or artistic activities;
3. for temporary transit; or
4. to enter the country as crew members of an international air, land, river or maritime means of transportation.

In any case, visitors are not allowed to perform remunerated long-term activities for more than 180 days in a calendar year.

On the other hand, for nationals from non-visa-waived nationalities or from visa-waived nationalities that want to perform long-term activities, the specific visa granted to them will define the activities they can carry out in Colombian territory. For instance, the Visitor (V) – Business visa will allow its holders to conduct business negotiations, market research, direct investment plans or procedures, incorporation of commercial companies, negotiation, and termination of contracts or commercial representation.

From an immigration standpoint, remote working from Colombia is allowed and must be carried out with a regular immigration status through the relevant visa.

The following visa categories allow its holder to work remotely from Colombia for a company abroad:

• Digital Nomad Visitor visa.
• Migrant Mercosur visa.
• Migrant Andean (CAN) visa.

The Digital Nomad Visitor visa was implemented in October 2022, specifically for foreigners willing to work remotely as an independent contractor or employee and provide services for a foreign company from Colombia, or to start a start-up in Colombia within the fields of digital content or information technology aligned with the country's interest or needs.

There are no language requirements for visa applicants in Colombia. However, all documents submitted to the authority during visa application processes must be officially translated into Spanish if they are issued in a language other than Spanish.

As per the local regulations, language requirements are only a prerequisite for foreigners willing to obtain Colombian nationality by naturalisation.

Travellers who are more than 1 year old and arriving from Angola, Brazil, the Democratic Republic of the Congo, or Uganda are required to take a yellow fever vaccination 10 days prior to travel.

For visa purposes, there are some visa categories for which the authority may require a private medical insurance policy covering the applicant on a case-by-case discretionary basis as a part of the visa application.

The current local immigration regulation does not set any minimum thresholds, albeit applicants may be required to demonstrate their qualifications and expertise to fill the specific position at the Colombian entity sponsoring the visa.

Furthermore, sponsors must demonstrate a monthly income of at least 100 minimum wages in Colombia and comply with all labour and social security obligations under local regulations, including minimum legal wage – or a salary appropriate to the position to be performed in Colombia – and equal conditions with national workers.

An employment-based visa authorises its holder to work only at the company sponsoring their visa and in the specific position allowed by the visa. If there is any change of employer or position, a new visa may be required.

All visa applications have identical processing times at Colombia's Ministry of Foreign Affairs. When a visa application is electronically submitted, the visas and immigration authority will have 30 days to make a formal decision on the visa application. However, if the authority requires consultations with other entities, the response time may exceed this period and will depend solely on the Ministry's discretion.

Moreover, for all visas granted for more than three months (depending on the activity), holders must request a foreigner identification card in front of Migración Colombia within the next fifteen days after the visa is granted, and this procedure may take around ten business days.

At the time of submission for this guide, the foreigner ID issuance by Migración Colombia is currently facing delays and taking at least 30 business days for issuance from the date the ID is requested.

The problem with the issuance of the foreigner ID card is due to current challenges that the immigration authority has been having with their current contractor/provider for the issuance of the foreigner ID cards since April 2024. As per the information shared by Migración Colombia's officers, the plastic issued by their current contractor does not meet the security and quality standards, consequently delaying the issuance process.

This is currently causing work start dates for foreign nationals to be pushed back, as identification cards are required for enrolling them in the Colombian payroll, their affiliation with social security entities, and the opening of banking accounts, among other procedures.

According to local regulations, applicants in Colombian territory must submit their application before the Bogotá Office, and those outside the country must submit their visa application abroad. In light of this, the applicants are strongly encouraged to stay in the country where the application was submitted – or at least outside Colombia – while the visa application is being processed.

There are no expedited processes or fast track for visa applications in Colombia.

After obtaining a visa, and should it be granted for more than three months, the foreign national must complete the procedure to obtain a foreign ID card, which will be their main identification document in Colombia and will be needed to perform activities in the country (such as being included in a local payroll, opening a bank account or being enrolled in the relevant social security entities).

Some exceptions apply only to some categories of visitor visas that are not required to request a foreign ID card.

The government fees associated with the Migrant (M) Worker visa are the following:

• Visa study: GBP45.
• Visa issuance (after approval): GBP210.

Please consider that the foreign ID card is mandatory for work visa holders. The government's processing fee for this procedure is GBP50.

In Colombia, the employer, the applicant or any third party can pay visa costs for an employment visa.

The circumstances for which authorities may take enforcement actions against foreign nationals or sponsors are set by the immigration penalty regime established by Resolution 2357/2020.

This includes the violations and relevant penalties applicable for both the foreign national and sponsor companies, such as:

• the foreign national performing remunerated activities and not being properly authorised (without a visa or permit); or
• the sponsor company allowing foreigners to work without complying with the requirements set by immigration regulations.

Considering this, a foreign national working irregularly in Colombia may be subject to fines between GBP200 and GBP1,600, while the sponsor company allowing the foreign national to do so may be subject to fines between GBP900 and GBP22,000.

Employers sponsoring an employment-based visa in Colombia have specific obligations outlined below.

• To comply with all labour and social security obligations arising from the employment contract (the same as those applicable to nationals).
• To comply with immigration requirements to hire foreigners and not allow their irregular stay.
• Make reports on the hiring and termination of foreign employees in a timely manner through SIRE and RUTEC platforms.
• To bear repatriation expenses for the foreign employees and their families to their country of origin or their last country of residence after the termination of the contract (regardless of the reason). This also applies when the employee's visa is:
1. cancelled;
2. expired; or
3. the employee is deported or expelled from the country.

The sponsor employers not complying with these obligations may be subject to fines between GBP900 and GBP22,000 (see 6.1 Enforcement Action Against Individuals and/or Sponsors).

The right-to-work requirements for foreigners in Colombia would be basically to hold one of the following documents/permits:

• valid visa that allows its holder to work and a Foreign Identification Card; or
• Temporary Protection Permit (PPT) for Venezuelan nationals.

Under local regulations, dependents of principal visa holders are:

• their spouse or de facto partner;
• children under 25 years of age; and
• children over 25 years of age with disabilities.

They must all depend economically on the principal visa holder, and their dependant (beneficiary) visa does not allow them to work or perform any revenue-generating activity.

Dependant visas can only be applied for once the main holder's visa has been approved.

Dependants are not allowed to work in Colombia under a Dependent visa.