Colombia: New Visa Regulations Expand Existing Categories and Create the Visitor Visa for Digital Nomads

Author: Angélica Carrión

On 22 July 2022, the Ministry of Foreign Affairs issued Resolution 5477, by which it clearly and forcefully established the Colombian migration procedure; in it we can see some guidelines that cover several gaps contained in the previous regulations and the creation of new categories of visas adapted to the global reality of virtuality, favouring the strengthening of international relations and promoting a migration process with clear requirements, without leaving aside the discretion and sovereignty of Colombia.

It is important to highlight the efforts of the Ministry of Foreign Affairs to establish a migration policy that is empathetic to the migratory situation in the world, where the doors are open to digital nomads, agricultural production systems, international agreements and audio-visual production and journalism; fields that were not previously contemplated or were unclear, opening gaps and closing opportunities for migrants.

In relation to migrant families, we see a resolution that undoubtedly generates new opportunities regarding beneficiary and stateless visas, which is a great achievement for children and in general for family reorganisation and unity.

The Highlight feature of the Resolution is the creation of a new visa, Visa V (Visitor) for Digital Nomads: To provide remote work or teleworking services, from Colombia, exclusively for foreign companies, as an independent or employed worker. To start a digital content or information technology venture of interest to the country. Additionally, it does NOT allow to work or develop remunerated activity in Colombia.

Here are some requirements to apply for it:

• Letter issued by foreign company (indicating relationship and remuneration).
• Copy of the contract with the foreign company.
• Partners or co-owners of a foreign company: document proving the relationship.
• Entrepreneurs: letter of motivation (indicating the project, human and financial resources).
• Bank statements with minimum income equivalent to three (3) MLMWF. (approx. USD$750)
• Health policy.

The other type of visas included in the resolution refer to the empathetic situation that we are currently facing in Colombia and around the world.

Seeing that Visa V (Visitor) Category is created also for expanding the temporary work visas, for seasonal agricultural workers, foreign permanent correspondent and the one to promote internalisation for productive, innovative or research activities.

Besides the Visa M (Migrant) Category was expanded with some changes in the timeframes to grant it, requirements, permits, among others, same for Visa R (Residents) category, a special remark for migrants from Venezuela and a special peace visa for the foreigner former member of the FARC-EP.

Key Action Points for Human Resources and In-house Counsel

• Concerning visa applications with a work permit, applicants must provide documents certifying their suitability, including: a university diploma, duly apostilled/legalised and with official translation into Spanish as appropriate, certificates of work experience and/or temporary professional card or licence.
• Visas issued before the entry into force of Resolution 5477 of 2022 will remain valid.