Colombia: New Immigration Law Introduces Digital Nomad and Other Visas, Visa Process Changes, Among Other Changes

October 24, 2022

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Country / Territory

At a Glance

The Ministry of Foreign Affairs published a new immigration law that introduces the following key changes effective October 22, 2022:

  • New visa subcategories, including a new Digital Nomad Visa;
  • Decreased maximum stay in Colombia for technical visitors;
  • Increased timeframe by which authorities must adjudicate a visa application;
  • New documentary requirements for certain visa applications; and
  • Stricter eligibility criteria for Resident Visas, among other changes.

Until October 21, 2022, the existing visa categories, requirements, processes, and processing times remain unchanged.

The situation

The Ministry of Foreign Affairs in Colombia published a new immigration law which will take effect on October 22, 2022. Until October 21, 2022, the existing visa categories, requirements, processes, and processing times remain unchanged. All applications filed on or after October 22, 2022, will need to meet the new rules.

Under the new law, the current visa system structure, which is divided into three main visa types – Visitor Visas, Migrant Visas and Resident Visas – remains unchanged. However, the new law creates additional visa subcategories and introduces process changes including:

 

New Policy Details Details
New visa for digital nomads, among other new visa subcategories
  • A new Digital Nomad Visa will be available to foreign nationals who are employed outside Colombia, to reside in and work remotely from Colombia for up to two years.
  • Applicants must have a minimum income of the equivalent of at least three minimum monthly legal salaries. 
  • The visa will also be available to those seeking to start a business in Colombia in the field of digital technology. Digital Nomad Visa holders will not be able to perform local remunerated activities in Colombia or work for a company in Colombia.
  • Other notable new visa subcategories include Visitor Visas for agricultural workers; film production personnel; journalists; and those fostering international innovation in Colombia; and Migrant Visas for companions of Colombian nationals; and stateless individuals.
  • The Digital Nomad Visa will offer an immigration pathway to remote workers, which is currently unavailable.
  • Under the new law, Colombia will offer additional entry options to sought-after visitors.
  • Other work visa options in Colombia generally either require company sponsorship or are nationality-based.
New Technical Visa subcategory with a shorter maximum period of stay
  • A new visa subcategory will be dedicated to foreign nationals entering Colombia to provide specialized technical assistance. Currently, such foreign nationals use the existing V-13 Visitor Visa which is for a broad range of temporary work purposes.
  • While the Technical Visa will be valid for up to two years (like the V-13 Visa), the law will decrease the maximum period of stay in Colombia for technical visitors to 180 continuous or cumulative days in a 365-day period from the date of visa issuance. Currently, the maximum allowable stay for technical visitors is two years.
  • Additional renewals will be needed for longer stays for those entering to provide specialized technical assistance.
New Resident Visa for eligible Venezuelan nationals
  • Starting June 1, 2023, Venezuelan nationals will be able to apply for a Resident Visa (which grants permanent residence) after five years of having held a Special Stay Permit or a Temporary Protection Permit, where this pathway does not currently exist.
  • Eligible Venezuelans will benefit from a pathway to legally reside and work in Colombia permanently.
Increase in visa adjudication time
  • Under the new law, immigration authorities will be able to adjudicate a visa application within 30 calendar days of submission, instead of the current five to eight business days. Where additional documentation/information is requested, authorities will be able to adjudicate applications within 10 additional days of receipt of that material, instead of the current five to eight business days.
  • Additionally, upon approval, authorities will be able to issue an e-Visa within 10 business days, instead of the current three business days.
  • Employers and foreign nationals should account for longer processing times when planning assignments to Colombia.
Stricter documentary requirements for visa applications
  • The new law introduces significant changes that will increase scrutiny of immigration applications:
  • Visa applicants’ passports will need to be valid for at least six months from the date of the application. Currently, there is no minimum passport validity requirement.
  • Visa applicants will be required to submit proof of medical insurance for most visa types. Currently, foreign nationals are not required by immigration regulations to hold medical insurance while in the country.
  • Migrant Worker Visa applicants will need to submit an apostilled or legalized (and translated) bachelor’s diploma in support of their application.
  • These changes may add administrative hurdles, costs, and may delay the document-gathering time.
  • In practice, the Ministry of Foreign Affairs has been enforcing the bachelor’s degree requirement since early 2020 at their discretion, so the new law officializes this practice.
Stricter notification timeframe for changes of employer or other circumstances
  • Foreign nationals will have 30 calendar days to notify immigration officials and obtain an updated visa if their job title, role, employer or other circumstances change. Currently, they have 30 business days.
  • Employers will need to review their processes to monitor and track changes in foreign nationals’ circumstances.
Stricter eligibility criteria for Resident Visas (permanent residence)
  • The residence period required for permanent residence (which depends on visa type) will be counted from the first entry to Colombia with the visa, instead of from the date of visa approval, as per the current rule.
  • Foreign nationals who are parents of Colombian children will no longer be able to apply directly for a Resident Visa but will need to first obtain a temporary Migrant Visa and comply with the period of residence requirement to be eligible for permanent residence.
  • Certain visa holders will need to wait longer to apply for permanent residence.

Colombians elected a new government in June. The outgoing government published these reforms that, while signaling a trend toward increasing restrictions to more broadly protect local workers, are also in line with this administration’s mission to attract foreign direct investment and talent to the country and facilitate the transfer of knowledge to the Colombian labor force.

During the initial implementation period of the law, foreign nationals and employers should expect delays with application processing, increased scrutiny of applications, and discretionary application of the law.

General policy changes and reforms may be forthcoming after the new administration takes office on August 7, 2022. Fragomen will report on relevant developments.

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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