Colombian visa regulations and processes were updated with Resolutions 5477 and 5488

Last July 22, 2022, the Ministry of Foreign Affairs issued Resolution 5477 - which dictates provisions on visas that exist to enter and stay in Colombia and repeals Resolution 1980 of March 19, 2014 and Resolution 6045 of August 2, 2017-. Likewise, it issued Resolution 5488 -through which new visa exemptions are established, transit visas are issued, other terms are dictated in migratory matters, and Resolution 10535 of 2018 is repealed.

What can we find in these new resolutions?

The Ministry of Foreign Affairs, among others, included in Resolution 5477 the following categories of visas:

1. Visa type V- Digital Nomads. This visa is available for "providing remote work or telecommuting services, from Colombia, through digital media and internet, exclusively for foreign companies, as independent or linked labor, or to start a venture of digital content or information technology of interest in the country".

It does not allow working with companies domiciled in Colombia, is valid for two years, and the applicant of this type of visa must have "a health policy with coverage in the national territory against all risks in case of accident, illness, maternity, disability, hospitalization, death or repatriation, for the expected time of stay in the country.

2. Visa type V or type M - Promotion of internationalization. It is stipulated, depending on the category, for foreigners with high levels of training (master's degree, doctorate or postdoctorate in basic or applied sciences, engineering, mathematics and related fields) with profiles that meet the priorities required by Colombia in its internationalization plans. As well as for "productive activities, innovation or research oriented to the adoption or adaptation of technologies that complement or develop products, processes or services that contribute to strengthen the country's competitiveness (...)".

This visa allows accumulating time for the Resident Visa and is valid for 2 to 3 years.

3.Type V Visa - Seasonal Agricultural Worker. This new category allows the foreigner to develop seasonal agricultural work, under programs established by the Ministry of Agriculture of Colombia, which will indicate the estimated quotas available and the work in which the support of labor from other countries is required.

The foreign worker must have a medical certificate issued by the health authority of the country of origin showing the psychophysical aptitude to perform the work referred to in the call; and the employer must provide a written communication requesting the visa and indicating the suitability and experience for the agricultural work referred to in the call to which he/she is applying. In addition, such company will be responsible for acquiring a "health policy with coverage in Colombia against all risks in case of accident, illness, maternity, disability, hospitalization, death or repatriation, for the expected time of stay in the country of the worker".

This visa will only be valid for up to one hundred and eighty (180) days and does not allow applications as beneficiary.

4. M visa - Permanent companion of a Colombian national. Unlike the M- Spouse visa, the permanent partner visa is available for those foreigners who have a common-law relationship with Colombian citizens.

It must be taken into account that the public deed, court order or conciliation act of the de facto marital union, must have a date of formalization greater than one (1) year at the time of the visa application.

This visa will have a duration of up to one (1) year.

5. Type R Visa - Venezuelans under ETPV (Temporary Status of Protection for Venezuelan Migrants).  The Venezuelan citizen must have been holder of a Temporary Protection Permit (PPT) or a Special Permit to Stay (PEP) for at least five (5) continuous years or that between both permits add up to five (5) years. The PPT must be in force at the time of applying for the visa.

This visa will have a duration of five years, at the end of this time the foreigner must request a transfer.

Some exemptions from Resolution 5488:

1. "Exemption of Short Stay Visa for nationals of third countries, Permanent Residents in Member States of the PACIFIC ALLIANCE. Foreigners from third countries who prove to be holders of permanent residence in any member State of the Pacific Alliance, may be authorized to enter and stay temporarily in the national territory, without a visa, for short stay and non-profit activities under the terms of the main paragraph of Article 1 of this Resolution.

2. Exemption of Short Stay Visa for non-EU permanent residents in countries of the ANDEAN COMMUNITY. In application of the Andean Migratory Statute, to non-EU foreigners who prove to be holders of short stay and non-profit activities, under the terms of the main paragraph of Article 1 of this Resolution, based on reciprocity.

Nationals of those States with which Colombia has agreements in force on visa exemption, under the terms of the respective international instrument, shall also be exempt from visa for short stays".

From when do these regulations apply?:

These resolutions will become effective on October 19, 2022.

Other provisions as follows:

- Study times for any visa will be extended up to 30 calendar days (currently up to five working days). If the Ministry requires additional information, the study time may be extended for additional unspecified days.

- The issuance time of the electronic visa is increased from three (3) to ten (10) working days.

- The category of resident investor visa disappears, and the migrant investor visa is created, after the stipulated time is approved, it will be possible to apply for a resident visa.

- Those who wish to obtain a Colombian visa, in any category, must have a passport with a minimum validity of six (6) months.

- In case of early termination of the visa, foreigners will no longer have thirty (30) working days to leave the country or make a new application, but thirty (30) calendar days (one month).

- Parents will no longer be considered as beneficiaries for visa applications.

- Among the changes is also that the visitor visa for technical assistance will be valid for up to two years, but the stay in the national territory will be limited to 180 continuous or 365 discontinuous days, counted from the date of issuance.

- The type V visa for intra-corporate transfer disappears.

- The student visa is again grouped in a single category, called type V-Student visa.

- Those who already have a resident visa will have to go through the transfer process every five years. In addition, those who have this type of visa with "indefinite" status, according to the previous regulations, will have to make the transfer in the next two years, counted from the effective date of the issuance of the resolution.