Colombia
ABIL Lawyers
RELEVANT GOVERNMENT ENTITIES
SOURCES & CONFLICTS OF LAW
BUSINESS IMMIGRATION
SPONSORS
COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION
DEPENDENTS
SETTLEMENT & CITIZENSHIP
PRESENT CLIMATE & FUTURE LEGISLATION
RELEVANT GOVERNMENT ENTITIES
The authorities that regulate the corporate immigration system in Colombia are:
- Ministry of Foreign Affairs
- Special Administrative Immigration Unit Migración Colombia
- Ministry of Education
- Ministry of Labor
- Professional Boards
SOURCES & CONFLICTS OF LAW
SOURCES OF LAW
Immigration law in Colombia is governed by:
- The Political Constitution
- International treaties
- Decree 1067 2015
- Decree 1743 2015
- Resolution 5488 2022
- Resolution 5477 2022
CONFLICTS OF LAW
In Colombia, the legal system experiences potential conflicts due to its complex structure, which integrates constitutional, legislative, and international law, alongside local and customary laws. Conflicts often arise between the Constitution and legislative acts, especially when laws are challenged for constitutionality. Similarly, international treaties sometimes clash with national laws, particularly in areas such as labor, environmental standards, and human rights, necessitating alignment or judicial review.
BUSINESS IMMIGRATION
UNSPONSORED BUSINESS-RELATED IMMIGRATION
The primary options available for unsponsored work and investment in Colombia are:
- Migrant Freelancer Visa: This visa allows individuals to work as freelancers without needing a sponsor from a company. Applicants must provide sufficient credentials and qualifications to qualify for this visa.
- Migrant Encouraging Internationalization Visa: Introduced in 2022, this visa is intended for foreigners holding a master’s degree, Ph.D., or postdoctoral qualifications in basic or applied sciences, engineering, mathematics, and related fields. This visa aligns with Colombia’s priorities for public and private internationalization plans, allowing individuals with exceptional or extraordinary talent to obtain a work visa.
- Migrant Entrepreneur Visa: Foreigners who invest a minimum amount (approximately US$35,000) may apply for this visa. It permits holders to work at the corporation in which they invest or establish a subsidiary or corporate presence in Colombia.
These options provide pathways for individuals looking to work or invest in Colombia without the necessity of a company sponsor.
Digital Nomad
Colombia offers the Visitor Digital Nomad Visa as a primary option for individuals looking to work remotely, either for a foreign entity or to start a business in digital content or information technology. This visa facilitates a temporary and flexible work arrangement for digital nomads.
SPONSORED BUSINESS-RELATED IMMIGRATION
In Colombia, there are several options available for sponsored employment immigration, primarily through various types of work visas. Each category has its own requirements, durations, and options for extensions and settlement. Visa categories are as follows: Visitor Internships, Visitor Provision of Services, Visitor Businessmen Free Trade Agreements, Visitor Holiday Programs, Migrant Mercosur/Andina, Migrant Work visa, among others.
We have also sector-specific work permits like: Visitor Crew Members, Visitor Film Productions or Large Format Documentaries; Visitor Journalism; Visitor Seasonal Agricultural Workers visas, among others. Nevertheless, it is important to confirm on a case-by-case analysis if these visas will apply or if other work visas will suit better.
Visa processing takes between fifteen and thirty calendar days to be completed, depending on where the applicant is applying.
SPONSORS
REQUIREMENTS FOR SPONSORS
To become a sponsor for employing migrants in Colombia, the sponsoring entity must be a legally established business registered with the Chamber of Commerce and comply with local regulations. Additionally, the employer must demonstrate financial stability to meet salary obligations and adhere to Colombian labor laws. A formal employment contract detailing the terms of employment, including salary and job responsibilities, is required, along with registration with relevant government authorities, such as the Ministry of Labor.
Furthermore, there are two online systems: from the Ministry of Labor called Sistema Único de Registro de Trabajadores Extranjeros en Colombia (RUTEC); and another from Migración Colombia called Sistema de Información para el Reporte de Extranjeros (SIRE).
By means of these two systems, employers will notify the registrations and de-registrations of aliens associated with the company.
Moreover, employers who are linked to foreign nationals have an obligation to comply with Colombian law, including employment law and other regulations. Specifically, employers who admit foreign nationals must require the proper permit or visa for them to engage in activities in the country, maintain record-keeping, and report various situations to the immigration authorities, such as the employment registration and de-registration of the foreign national, changes in their job titles, among others.
In addition, depending on the visa, the employer has the responsibility to cover return expenses for the foreign national and his/her family when his/her employment relationship is terminated.
SANCTIONS, CIVIL & CRIMINAL PENALTIES FOR SPONSORS
Failure to comply with Colombian immigration rules results in penalties, which will vary depending on the violation as dictated by the immigration authority. Economic penalties can oscillate between US$1,300 and US$32,000 per charge, based on the liability of the offender.
Revocation of visas and deportation may also apply to foreign nationals.
COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION
Documentation challenges often arise during the visa application process, necessitating accurate employment contracts and financial records. Foreigners with regulated professions must adhere to specific rules, which can pose barriers to admission. Professional Boards and Migración Colombia may require a temporary license, validation of credentials, or professional registration depending on the profession and activities in Colombia. Additionally, companies not legally incorporated under Colombian laws may face obstacles, as work visas typically require a local sponsor and, in some cases, a local contract.
Companies not legally incorporated under Colombian law can also pose a challenge, as work visas require a local sponsor and, in some cases, a local employment contract.
DEPENDENTS
PERSONS QUALIFYING AS DEPENDENTS
The following qualify as dependents:
- Spouses
- Unmarried partners, civil/unmarried, or same-sex partners are eligible for a dependent visa in Colombia
- Children under 25 years old or children over 25 years old who are disabled
- Civil/unmarried, or same-sex partners are eligible for a dependent visa in Colombia
If they decide to work, dependents must change their immigration status to access the labor market. However, please be aware that there are restrictions on changing immigration status according to the discretion of the immigration officers.
The requirements include: A valid passport, the principal worker’s visa, a document certifying the relationship between the individuals, duly legalized or apostilled and officially translated into Spanish, bank statements of the worker sponsoring the visa, among others.
SETTLEMENT & CITIZENSHIP
A Resident visa is granted to foreigners that wish to settle permanently in the country. It will continue to be granted for an indefinite term even though the new stamp only establishes a validity of five years, due to security and control issues.
Foreign nationals are eligible for resident status in the following cases:
- Colombians who have renounced their citizenship
- Being a father or mother of a Colombian national by birth
- Migrant visa (M) holders in subcategories M-1 to M-3 who have resided for a continuous and uninterrupted period of two years in the country
- Migrant visa holders in subcategories M-4 to M-11 or dependents who have resided for a continuous and uninterrupted period of five years in the country
- Direct investment of 650 times the minimum monthly wage in Colombia (approx. $150,000 USD)
The time to obtain the Resident visa will vary depending on the case and will be between three and five years.
Foreign nationals may apply for Colombian citizenship after meeting certain residency requirements, typically after holding a Resident visa for five or exceptionally two years. Processing times to obtain the naturalization will be between twelve to twenty-four months from the moment all requirements are presented.
PRESENT CLIMATE & FUTURE LEGISLATION
PRESENT CLIMATE & TRENDS
Colombia’s recent immigration trends are deeply shaped by the Venezuelan crisis, reforms to legal frameworks, security concerns, international aid efforts, and the need for social integration. The country’s policies reflect a balance between humanitarian support and the practical challenges of managing a large influx of migrants within the constraints of its legal and social systems.
Colombia has become the primary destination for millions of Venezuelans, with over 2.5 million currently residing in the country as of 2024. In response, Colombia has implemented a series of policies aimed at regularizing the status of Venezuelan migrants, including the Temporary Protected Status (PPT), which allows Venezuelans to stay in the country for 10 years with access to work, health, and education services. This decision was a major humanitarian move that showcased Colombia’s effort to integrate these migrants into its society.
FUTURE LEGISLATION
Colombia is expected to see significant changes in immigration laws as it adapts to new challenges. One key trend is the potential for updates to the migration statute, reflecting the need to streamline visa processes and regularize large migrant populations, particularly from Venezuela. There’s also the possibility of extending Temporary Protected Status (PPT) for vulnerable groups beyond Venezuelans, which would provide further humanitarian protections.
In addition, changes may include enhanced employment rights for foreign workers, increased border security to combat illegal migration, and easier processes for corporate and investor visas to attract foreign talent. Colombia may also introduce policies addressing climate-related migration as the country prepares for the impact of environmental displacement. These reforms aim to balance the country’s humanitarian obligations with national security and economic interests.