Corporate Immigration 2023
Colombia
Authors
Deloitte believes that the immigration responsibility of every organisation towards its foreign employees is not only given by the timely compliance with the immigration laws and regulations within the Colombian territory, but it also requires the establishment of measures that will guarantee that compliance is constant and sustainable. Aimed at focusing its efforts towards the achievement of its objectives and simplifying the tasks of control and compliance with immigration responsibilities, Deloitte Colombia has a group of experienced professionals, capable of providing solutions and support in all areas of the required processes, framed within the efficiency of procedures and the reliability of information; processes that are supported by the application of technology through tools designed by Deloitte, which adds greater value to its clients.
1. Policy
1.1 Immigration Policy
The immigration policy in Colombia has been shaped in recent years by the immigration phenomena that the country is facing due to several factors, including the Venezuelan crisis that has led more than two million Venezuelans to migrate to Colombia in the past few years.
Currently, Colombian 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 maintain an immigration policy in line with the country’s current needs, from a migration standpoint, which is greatly welcomed. However, there are some improvement opportunities, especially for the practical implementation of the policy and the regulations involved.
1.2 Upcoming Policy Changes
There are no anticipated upcoming changes to immigration policy in Colombia, as it was recently subject to several changes. In fact, a recent new regulation is currently in force as of 21 October 2022, which introduced important modifications to the visa regime in the country.
2. Visa Options
2.1 Sponsor-Based Employment Visas
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 – 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.
2.2 Unsponsored Work and Investment Visas
The primary options for unsponsored work and investment in Colombia are the following.
- 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 two to five years depending on the visa category).
2.3 Restrictions on Visitors
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, such as the following.
- Permiso de Turismo(PT)/Tourism Permit – for resting activities, medical treatment, to participate in or attend cultural, scientific, sporting or convention events, or for business purposes.
- Permiso de Integración y Desarrollo (PID)/Integration and development Permit – for activities related to co-operation agreements or treaties with other countries; to carry out personal procedures; for activities with importance for the Colombian government or its institutions; for attending non-formal academic programmes, internships or trainings; to be teacher, lecturer or researcher at educational or business entities; to cover important international events as journalists; for urgent cases such as natural disasters, human rights violations, etc; and to represent any other country as part of international relations.
- Permiso para Desarrollar Otras Actividades (POA)/Permit to carry out other activities – for providing urgent technical assistance to a Colombian entity; to perform concerts, events or artistic activities; for temporary transit; or to enter the country as crew members of an international air, land, river or maritime means of transportation.
On the other hand, for nationals from visa-required countries, 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 and incorporation of commercial companies, negotiation, and termination of contracts or commercial representation.
2.4 Remote Working
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 their holders to work remotely from Colombia for a company abroad:
- Digital Nomad Visitor visa;
- Migrant Mercosur visa; and
- 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. It provides 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.
3. Visa Requirements
3.1 Prerequisite Language Requirements
There are no language requirements for visa applicants in Colombia. However, all documents submitted to the authority during the visa application process must be officially translated into Spanish if they are issued in other language.
3.2 Medical Certificates or Vaccinations
The latest regulation on health requirements to enter Colombia revoked the necessity of medical or vaccinations certificates.
However, for visa purposes, there are some visa categories for which a private medical insurance policy covering the applicant may be required by the authority on a case-by-case discretionary basis, as part of the visa application.
3.3 Minimum Thresholds: Sponsor-Based Employment Visas
The current local immigration regulation does not set any minimum thresholds to be met. However, applicants may be required to demonstrate their qualifications and expertise to be able to fill the specific position at the Colombian entity sponsoring the visa. Furthermore, sponsors must 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.
3.4 Employment-Based Visa Limitations
An employment-based visa will authorise 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.
4. Immigration Process
4.1 Visa Processing Times
All visa applications before the Ministry of Foreign Affairs in Colombia have identical processing times. When a visa application is electronically submitted, the visas and immigration authority will have 30 days to send a final decision on the visa application. However, if the authority requires consultations with other entities, the response time may exceed this period and it 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 foreign identification card in front of Migración Colombia, within the next 15 days after the visa is granted, and this procedure may take around ten business days.
4.2 Travel Restrictions Once Application Filed
From a strict standpoint, there are no restrictions on the applicant’s travel to Colombia when filing the visa application before a Colombian Consulate abroad. However, considering that the regulation sets that applicants who are in Colombia must submit their application before the Bogotá Office, it is strongly recommended that the applicants stay in the country where the application was submitted – or at least outside Colombia – while the visa application is being processed.
4.3 Expedited Visa Proceedings
There is no expedited process or fast track for visa applications in Colombia.
4.4 Post-visa Requirements
After obtaining a visa, if the visa is 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, open a bank account or being affiliated with the relevant social security entities.
5. Immigration Costs
5.1 Typical Cost of a Sponsored Employment
The government fees associated with the Migrant (M) Worker visa are the following:
- Visa study – GBP45; and
- Visa issuance (after approval) – GBP215.
Please consider that the foreign ID card is mandatory for Work visa holders. The government fee for this procedure is GBP43.
5.2 Payment of Visa Costs
Visa costs for an employment visa can by paid by the employer, the applicant or any third party.
6. Enforcement
6.1 Enforcement Action Against Individuals and/or Sponsors
The circumstances for which authorities may take enforcement action 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 the foreign worker 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; and the sponsor company allowing the foreign national to do so, may be subject to fines between GBP800 and GBP19,000.
6.2 Employer Obligations
Employers sponsoring an employment-based visa in Colombia have the following obligations:
- 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;
- to make the reports of the hire and termination of foreign employees in a timely manner through SIRE and RUTEC platforms; and
- 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 applies also when the employee’s visa is cancelled or expired, or the employee is deported or expelled from the country.
The sponsor employers not complying with these obligations may be subject to fines between GBP800 and GBP19,000.
6.3 Right to Work Check Requirements
The right to work requirements for foreigners in Colombia would be to hold one of the following documents/permits:
- valid visa that allows its holder to work and a Foreign Identification Card; and
- a Temporary Protection Permit (PPT) for Venezuelan nationals.
7. Accompanying Family Members/Dependants
7.1 Recognised Family Relationships
Under local regulations, dependants 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.
7.2 Dependant Visas
Dependants are not allowed to work in Colombia under a Dependant visa.
Deloitte
Carrera 7
# 74-09
Bogotá DC
Colombia
+57 (1) 426 20 00
dcacuna@deloitte.com www2.deloitte.com/co/es.html
Trends and Developments
Authors
Deloitte believes that the immigration responsibility of every organisation towards its foreign employees is not only given by the timely compliance with the immigration laws and regulations within the Colombian territory, but it also requires the establishment of measures that will guarantee that compliance is constant and sustainable. Aimed at focusing its efforts towards the achievement of its objectives and simplifying the tasks of control and compliance with immigration responsibilities, Deloitte Colombia has a group of experienced professionals, capable of providing solutions and support in all areas of the required processes, framed within the efficiency of procedures and the reliability of information; processes that are supported by the application of technology through tools designed by Deloitte, which adds greater value to its clients.
Introduction
Migratory movements to Colombia have their historical background between the last decades of the 19th century and the first decades of the 20th century, with the arrival of foreigners from Lebanon in the 1880s and Japanese nationals in the 1930s. However, due to multiple factors, the tendency in Colombia, from then on, was to be a country mainly of emigrants. As important antecedents of emigration, there was a significant wave, in the 1960s, from Colombia to the United States, another in the 1980s to Venezuela and later, to Spain in the 1990s.
Changing Trends
Due to the progress in economic and security fields during the last decades in Colombia, the emigration trend has changed, and Colombia has been the destination for a large number of foreign nationals who come to the country for tourism, business, and even with the intention of residing temporarily and permanently in the country.
Additionally, the crisis that Venezuela has been facing during the last few years has also been a determining factor and has generated a wave of immigration to Colombia, mainly of Venezuelan nationals, considering elements such as geographical proximity, language, cultural similarity, etc.
Evolving Migratory Policy
All these previous phenomena have meant that the migratory dynamics in Colombia currently have different needs to those it may have had in the 1990s or 2000s and, therefore, made necessary the evolution of the migratory policy to adapt it to the current needs. For instance, focusing only on the visa regime, it can be noted that from 2015 to the present, the applicable regulation comprised four different laws, which have implied significant changes in terms of visa categories, requirements, and the process to apply for and obtain visas, among others.
Nevertheless, beyond the regulatory changes that have taken place in recent years, there are also changes that have occurred in the interpretation of these rules and in the criteria used by the visa authority to study the applications submitted before it, among which, one of the most important refers to the qualification and suitability that must be demonstrated by certain professionals or workers and the visa options that they would have, in accordance with the most recent changes that have been implemented.
Visa Authority
In this regard, firstly, it is important to note that the COVID-19 pandemic definitely marked an important milestone in relation to the way in which the visa authority had been studying visa applications. It became vital that the visa applicant willing to perform work or professional activities in Colombia demonstrate the suitability to perform certain activities, as well as the relevance that such activities have for the development of Colombia.
For instance, when applying specifically for work visas, the visa authority began to request additional information and documentation in most of the applications, in order to evaluate the academic studies of the applicants, previous experience in related positions, the contribution they made to the company, and the selection process of the foreign candidate or employee, among others. Furthermore, it became evident that information was requested about the impact of the company that intends to hire the foreigner in the country, for example, in terms of employment opportunities offered to Colombian nationals.
On the other hand, with respect to visa applications submitted under the Mercado Común del Sur (MERCOSUR) agreement, despite being a visa that, in principle, could be granted to the applicant foreigner on the sole condition of being a national of one of the countries that are part of this multilateral agreement, and that, additionally, this visa contains an open work permit and allows its holder to perform any lawful activity in Colombia, we have noticed that in the course of the study of visa applications, the authority has begun to require more and more information about the activities that the applicant intends to perform in Colombian territory, for example, to know if the applicant will perform any remunerated activity, the nature of the activity, and the company for which the applicant will perform it (if applicable), as well as the qualification and experience that the applicant has in order to carry out the activity.
New Visa Categories
Additionally, regarding regulatory changes with the entry into force of Resolution 5477 of 2022, as of 21 October 2022, it is important to highlight that this new regulation included the creation of new visa categories that, in our opinion, seek to generate the migration of professionals or skilled workers. In this sense, we can refer to the following new visa categories:
- visa for seasonal agricultural workers – for foreigners seeking to carry out seasonal agricultural work in Colombia, through programmes established by the government;
- visas for the promotion of internationalisation in Colombia:
- for foreign visitors who wish to carry out productive, innovative, or research activities, aimed at the adoption or adaptation of technologies for complementing or developing products, processes, or services that contribute to strengthening the country’s competitiveness. For activities that contribute to incorporating knowledge into the priorities of the country’s development plans, or for activities or professions that contribute to the internationalisation of the country; and
- for foreign migrants (temporary residents) with master’s, doctorate, or postdoctoral degrees in basic or applied sciences, engineering, mathematics, and related fields, whose profiles are in line with the priorities required by the country in its public and private internationalisation plans, or for professionals in areas pre-established by the government, whose practice contributes to the adoption and/or adaptation of technologies that strengthen the country’s competitiveness.
Moreover, the new regulation adds an additional element to the visa for independent professionals, which for many years has been the alternative for qualified professionals who wish to practice their profession independently in the country, after validation of their professional degree before the Colombian Ministry of Education, and it is that they may only practice, on an exceptional basis, a non-regulated profession or activity, as long as it is of interest to the country.
Thus, in our opinion, this trend has been evident since 2020, with the beginning of the COVID-19 pandemic, and has been reflected in the inclusion of new rules and new visa categories in the most recent regulation, as well as in the change of criteria by the visa authority when currently studying the applications. This shows an interest of the government to ensure that foreigners who come to the country to carry out remunerated activities do so in a way that is beneficial to Colombia, requiring them to have a certain degree of qualification and experience in areas that are really relevant for the country’s development. In other words, there is evidence of an interest in ensuring that this type of migration to Colombia is made by highly skilled professionals or workers.
Australian Example
In comparison with other latitudes, historically, there have been countries that have sought to attract professionals or skilled workers in order to increase productivity and economic growth, when facing a shortage of skilled workers. One of the best examples of this type of policy is the Skilled Migration Programme created by the Australian government, the origin of which dates back to the migration plans implemented as the main driver of post-war economic growth in Australia after the end of World War II when the government set out to increase the population by an additional 1% by attracting migrants. Since then, the numbers have been impressive, and it is estimated that more than seven million people have settled in Australia from other countries.
Subsequently, starting in the 1980s, the Australian government would change its approach to this need for population growth, to make it more specific and aligned with the real needs of the country. Thus, the programme focused on studying the effects of migration on the labour market of Australia and set certain parameters for participation in the programme, such as the applicant’s profession/occupation, age (and the need for the applicant to be in a productive age range), years of experience in the profession/occupation and, of course, level of English. In practical terms, this resulted in the Australian government creating, in 1990, a detailed list of priority occupations for the development of the country and specific states/territories within it, which is updated from time to time, accompanied by an immigration process based on points, which would be awarded to applicants according to their level of compliance with the eligibility requirements.
Furthermore, points-based immigration systems or programmes can be found in other countries such as Canada, New Zealand and the United Kingdom for regulating immigration due to the merit of the applicant and setting benefits for highly skilled migrants.
Now, returning to the Colombian case, although we may be far from having such a structured skilled migration programme, we consider that the above-mentioned trend could be the first approach that evidences the real need for the Colombian government to regulate immigration and attract professionals and workers that are highly qualified, which until now, has been reflected only in the criteria that the visa authority has had for the study of applications, through a discretionary-based method.
Conclusion
We believe that there is still much work to be done to achieve a true alignment of Colombian migration policy with the country’s labour needs. In the first place, it is important that the government can be much clearer in its intention to attract skilled migrants to the country, and for this, it will be necessary for the Ministry of Foreign Affairs – as the current visas authority – to determine which are the professions or occupations where the country may have a shortage or deficit, with the help of other governmental and non-governmental sectors.
On the other hand, it is necessary to define clear rules that can help companies interested in transferring qualified or highly-skilled foreign personnel to Colombia, as well as foreigners with a certain level of qualification and a particular interest in the country to determine, in advance, if they are highly qualified as per the applicable regulation on this matter, if the activity they intend to perform is in the interest of the development of the country, and if there is any immigration alternative for them.
Deloitte
Carrera 7
# 74-09
Bogotá DC
Colombia
+57 (1) 426 20 00
dcacuna@deloitte.com www2.deloitte.com/co/es.html
Law and Practice
Authors
Deloitte believes that the immigration responsibility of every organisation towards its foreign employees is not only given by the timely compliance with the immigration laws and regulations within the Colombian territory, but it also requires the establishment of measures that will guarantee that compliance is constant and sustainable. Aimed at focusing its efforts towards the achievement of its objectives and simplifying the tasks of control and compliance with immigration responsibilities, Deloitte Colombia has a group of experienced professionals, capable of providing solutions and support in all areas of the required processes, framed within the efficiency of procedures and the reliability of information; processes that are supported by the application of technology through tools designed by Deloitte, which adds greater value to its clients.
Trends and Developments
Authors
Deloitte believes that the immigration responsibility of every organisation towards its foreign employees is not only given by the timely compliance with the immigration laws and regulations within the Colombian territory, but it also requires the establishment of measures that will guarantee that compliance is constant and sustainable. Aimed at focusing its efforts towards the achievement of its objectives and simplifying the tasks of control and compliance with immigration responsibilities, Deloitte Colombia has a group of experienced professionals, capable of providing solutions and support in all areas of the required processes, framed within the efficiency of procedures and the reliability of information; processes that are supported by the application of technology through tools designed by Deloitte, which adds greater value to its clients.
