Regional Agreement Between Bolivia, Colombia, Ecuador and Peru
May 19, 2021
At a Glance
- Bolivia, Colombia, Ecuador and Peru (the full members of the Andean Community - CAN) have approved the Andean Immigration Statute, which will offer reciprocal immigration benefits to each other’s nationals, as well as permanent residents and their families.
- Eligible foreign nationals will benefit from new nationality-based temporary and permanent residence categories in the other signatory countries and the ability to enter these countries using their national identification document instead of a passport, among other benefits.
- The statute is expected to take effect on August 13, 2021. Until then, each member country must draft and publish new immigration regulations implementing the statute, which could vary by country.
The situation
Bolivia, Colombia, Ecuador and Peru (full members of the Andean Community - CAN) have approved the Andean Immigration Statute (Estatuto Migratorio Andino), which, once implemented by each individual member country, will offer reciprocal immigration benefits to each other’s nationals and permanent residents.
A closer look
Details of the statute include:
| New Rule | Details | Impact |
|
New Andean Temporary Residence. The statute introduces a new temporary residence category that will allow nationals and permanent residents of Andean Community countries and their families to live and work in another member country for up to two years without company sponsorship. Applications will be available through both consular and in-country processes. |
In order to obtain the Andean Temporary Residence category, applicants will need to show an identification document valid for at least six months and criminal clearance certificates from their country of origin or countries of residence in the five years prior to submitting their application (apostilled/legalized) and from the host country, among other documents. |
Nationals and permanent residents of Andean Community countries, as well as their families, will have a new option to live and work in another Andean Community country without being bound by a specific employment relationship. The differences and benefits of this new permit and existing Mercosur Visas are uncertain – clarifications are expected when each member country publishes its related regulations. |
|
New Andean Permanent Residence. Foreign nationals will be eligible to apply for an Andean Permanent Residence permit after holding an Andean Temporary Residence permit for two years. |
Applicants will need to show a local, clean criminal record and economic solvency. |
Nationals and permanent residents of Andean Community countries as well as their families will have a new route to permanent residence in other Andean Community countries; permanent residence through other routes often takes much longer. |
|
Special processing desk. The statute directs member countries to implement special processing desks for Andean Community nationals and their families within the next 36 months. |
It is not yet clear whether the special processing desks will be implemented both in-country and at each member country’s consular posts in other member countries. |
The special processing desks are expected to streamline immigration processing for Andean Community nationals in member countries. |
|
Free movement. Under the new statute, Andean Community nationals can enter other member countries as tourists using their national identification document instead of a passport. |
The allowable period of stay as tourists will be up to 180 cumulative days per calendar year. |
While Andean Community nationals can already enter most member countries as tourists without a visa using their national identification document instead of a passport, the resolution formalizes this rule in all signatory countries. All Andean Community nationals will be able to remain up to 180 days as tourists in all member countries, whereas the current rule varies by country and may allow less time. |
Background
The agreement is intended to strengthen intraregional integration between member countries of the Andean Community. Currently, MERCOSUR is the only multilateral immigration-specific agreement which grants nationality-based residence visas (generally valid for an initial two years) to nationals of other member countries. MERCOSUR member states include Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana Paraguay, Peru, Suriname, Uruguay and Venezuela, although not all member states offer MERCOSUR visas and those that do, do not always offer them to all member states.
Looking ahead
The statute is expected to take effect on August 13, 2021. Further details are forthcoming and each member country must still publish their new immigration regulations to implement the effects of the statute. Fragomen will report on key changes and their impact once these regulations are published.
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].
