Colombia's immigration policy has been shaped in recent years by the immigration phenomenon that the country is experiencing due to several factors, including the Venezuelan socioeconomic crisis, which 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, which are 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.

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 have been outlined below.

Technical Assistance Visitor Visa

This visa exists for professionals who provide technical assistance to an entity/company in Colombia.

FTA Entrepreneurs Visitor Visa

This visa allows entrepreneurs or businesspeople to move within the framework of Free Trade Agreements (FTAS) signed and in force with other countries.

Services Provider Visitor Visa

This is a visa for people to temporarily provide services or perform a particular job for a company in Colombia under a local contract.

Migrant Worker Visa

This visa is for foreigners aspiring to work in Colombia with a Colombian entity/company through a local employment contract.

Sector-specific Visas

There are some sector-specific sponsor-based employment visas, such as the Agricultural Worker Visitor Visa, which is specifically created for foreigners willing to work for a Colombian employer within the Agricultural Sector, and the visas designed explicitly for agents of the audiovisual industry.

The main sponsored visa that grants a permanent resident visa is the Migrant Worker Visa.

The most important requirement to transition to a permanent resident visa is to meet the cumulative length of stay of five continuous and uninterrupted years as a Migrant Worker Visa holder.

It is important to mention that the Migrant Worker Visa is valid for a maximum of three years; therefore, to apply for a Permanent Resident Visa, it is necessary to have at least two worker visas.

Once the five years are completed, the Certificate of Migratory Movements must be considered. It must be processed before Migración Colombia prior to the application for Permanent Residency. This document will let the authority review whether the applicant has met the cumulative time requirement.

Under local regulations, other unsponsored visa options could allow foreigners to apply for a permanent resident visa after holding these visas for two to five years without any interruption in Colombia.

2.3. Unsponsored Work and Investment Visas

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

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 digital content or information technology fields aligned with the country's interest or needs.

Migrant Mercosur Visa

This visa is for nationals of the State party to the Mercosur agreement. It allows its holder to perform any lawful activity within the national territory.

Migrant Andean (CAN) Visa

This visa is for nationals of a State party to the Andean Migration Statute. It allows its holder to perform any lawful activity within the national territory.

Migrant Shareholder Visa

This visa is 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

This visa is for foreigners who have made a direct foreign investment or have acquired real estate properties.

Permanent Resident Visa

This visa is 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).

Visitors are permitted only to engage in activities specified by their authorised permit or visa for entry 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, and 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 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; and
• negotiation and termination of contracts or commercial representation.

Visitors of nationalities not exempt from Colombian visa requirements must obtain a visa before entering the country.

The type of visa will depend on the purpose of the visitor's visit. The application can be made online at the Colombian Consulate closest to the person's location.

There are no mandatory registrations for visitors of nationalities exempt from visas, but it is recommended that the Check-Mig registration be made within 24 hours before the trip.

Note that Colombia does not have anything similar to the US ESTA scheme.

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; and
• Migrant Andean (CAN) Visa.

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

There are no language requirements for visa applicants in Colombia. However, if the visa is issued in a language other than Spanish, all documents submitted to the authority during the visa application process must be officially translated into 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 one year old and arriving from Angola, Brazil, the Democratic Republic of the Congo, or Uganda are required to take a yellow fever vaccination ten 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.

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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.

Regarding the labour market test, we do not have anything similar in Colombia, and since 2010, there have been no quota requirements or restrictions for Colombian companies to hire foreign workers. Before 2010, there was a quota set by labour law, but it was revoked.

However, a specific quota is still in place for projects where the exercise of engineers and related workers is needed, and the participation of foreign professionals may not exceed 20% of their staff.

Moreover, the actual regulation on visas issued by the Colombian Government, includes the possibility for specific public entities to set quotas for agricultural workers to apply for the Agricultural Worker Visitor Visa.

An employment-based visa authorises its holder to work only at the company sponsoring the visa and in the specific position allowed by the visa. A new visa may be required if the holder changes employers or positions.

Colombian authorities can verify visa applicants' judicial records online through the Colombian Police databases or the applicants' own databases.

Likewise, during the entire study process of every visa, a police clearance certificate of the applicant's country of nationality or last country of residence may be requested.

Likewise, for visas such as the Migrant Mercosur Visa and the Migrant CAN Visa, it is mandatory to present the certificate of judicial antecedents/police clearance certificate from the beginning of the process since it is a legal requirement to obtain these visas.

For type V Visitor Visas, the applicant must demonstrate economic solvency through statements, certificates, and bank balances for the last six months prior to the application.

These documents must demonstrate a monthly income of at least ten local legal minimum wages.

Continuing with the type V Visitor Visa, economic solvency can be demonstrated by a local or foreign company as long as the company commits, through a letter signed by its legal representative, to take care of the foreigner's expenses in Colombia.

On the other hand, for Permanent Resident, Migrant Mercosur, and Migrant CAN Visas, the applicant must demonstrate a source of income to support their stay in the Colombian territory; however, it is not necessary to have an exact amount of money.

Under local regulations, submitting bank statements for the last four to six months is also required to demonstrate financial capability when applying for a Beneficiary Visa.

All visa applications have identical processing times at Colombia's Ministry of Foreign Affairs. When a visa application is electronically submitted, the visa and immigration authority will have 30 days to make a formal decision. 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, Migración Colombia is currently facing delays in issuing foreigner IDs, which take at least 30 business days from the date the ID is requested.

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

This is currently pushing back work start dates for foreign nationals, as identification cards are required for enrolling them in the Colombian payroll, affiliation with social security entities, and opening 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 if the application was submitted abroad – 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 certain categories of visitor visas, which 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; and
• 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.

It is clear that visa costs are not increasing because the Ministry uses the USD as a reference currency, albeit seeing as the costs are set in USD, an increase in the exchange rate between the USD and COP will naturally raise the visa costs in Colombia. To calculate this, the Ministry establishes an average exchange rate between the USD and COP every four months.

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 terminating 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.

Sponsor employers who do not comply 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.

Note that, under Colombian regulations, all the visa categories under the Visitor Scheme do not allow family members to apply for a beneficiary visa, except the following:

• Student Visitor Visa (when it is granted to a postgraduate student)
• Religious Visitor Visa;
• Volunteer Visitor Visa (when the authority fully justifies and accepts it);
• Digital Nomad Visitor Visa;
• Journalist Visitor Visa;
• FTA Entrepreneur Visitor Visa;
• Non-accredited officials Visitor Visa;
• Services Provider Visitor Visa;
• Internationalization Visitor Visa; and
• Rentier Visitor Visa.

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