The audit processes started by the Colombian immigration authorities (Migración Colombia) in 2015 will continue throughout this year. The goal is to ensure that all employers sponsoring foreign nationals are in full compliance with immigration laws.
The audits can be performed in either of the following ways:
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The authorities notify the employer or its immigration representative that an appointment has been scheduled for a particular date and time. The employer must provide a report detailing all information on foreign nationals (e.g., name, nationality, visa type and number, ID card number, profession based on university studies, professional permit, applicable professional license or degree validation, salary, job description, job title that matches the one stated on the employment contract, visa and payroll, employment start/end dates and SIRE notifications) as well as copies of all immigration documents (e.g., visas, ID cards, passports, SIRE notifications and employment contracts).
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The authorities visit the employer without notice. The employer must provide copies of immigration documents (e.g., visas, ID cards, SIRE notifications, employment contracts, professional permits and university degrees) for all foreign nationals.
What This Means for Employers and Foreign Nationals
Employers should keep up-to-date records of all immigration documents for foreign nationals. In case of inconsistencies or non-compliance, the employer may be fined in the amount ranging from half to fifteen times the minimum salary per offense.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
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