This new National Sanitary Emergency situation has forced us to change our plans and even our way of life. In this sense, Colombian Authorities recently modified some procedures for the benefit of all, by flexibilization in visa expirations providing visitors in Colombia the legal basis they need to adapt to the situation and plan their flights home.

Jaime Aristizabal is an attorney with Expat Group, a law firm in Medellin that services clients throughout Colombia and abroad with immigration and business formation.

There were two recent resolutions aiming to accommodate foreign visitors in Colombia. The first issued in March by Migration Colombia was a resolution targeted to tourists having to extend their periods in the country due to the declared Covid19 National Sanitary Emergency, and in April the Foreign Affairs Ministry pronounced a hold on visa expirations.

The first, came out of Migration Colombia, used mostly in Colombia by tourists for extensions, safe passage documents and other administrative migration related procedures, which very similarly to the above, the time lapse of the visa are extended until the sanitary emergency is over.

Tourists who stay in Colombia need not fear any infractions derived from their visa status or legal status in the country. For a specific legal basis Foreigners may refer to the articles of the resolution as summarized below.

The purpose of this is for foreigners in Colombia to relax during these troubled days of Coronavirus and the adaptation to new staying and flying procedures. We are always please to update foreign nationals in Colombia and all our clients at expatgroup.co, our group of professionals steadily update us  with the Government resolutions and communication regarding the new conditions which the immigration service of the Republic of Colombia will enforce for the remaining of the State of Sanitary Emergency declared this current year:

Imigration resolution 0918 of March 19th, 2020 pronouncements:

Resolution by which temporary extraordinary Covid19 measures are adopted for the provision of immigration procedures and services at the national level:

Article 1. Suspension of the Validity Terms of the Permanent Safe-conducts (SC-2):

It provisionally suspended the accounting of the validity time of some of the Permanent Safeguards or Safe-conducts (SC-2) in force as of the date of this resolution, until May 30, 2020, inclusive, or until the term established by the National Government for the sanitary emergency.

The Safe-conducts to which the suspension will be applied are the following:

1. By Provisional or conditional release or order of competent authority.
2. To solve administrative situations.
3. For discretionary criteria in the opinion of the immigration authority, as long as they are related to human rights and fundamental rights of their applicants. The situation in each particular case must be motivated through an administrative act.
4. Foreigner born in Colombia.

Exceptions are the SC-2 Permanence Safeguards to request and/or change visa and recognition of refugee status.

Article 2. From the Visa Registration and Issuance of Immigration Certificate:

The immigration authority may grant an opportunity to amend or refrain from initiating administrative action because there are grounds exempt from liability, as the case may be, in the terms provided in Resolution 1238 of 2018 to foreigners that on the occasion of the preventive isolation ordered by the national government to prevent the spread of COVID-19, has not been possible for them to carry on within the established terms in Decree 1743 of 2015 the registration of the visa and/or requested the Foreigner ID issuance.

Article 3: Of the Extensions of Permanence:

It provisionally suspended the accounting of the time of validity of the extensions of permanence or Temporary Permits of Permanence, as of the date of this resolution, until May 30, 2020 or until the term established by the National Government for the health emergency is met.

Article 4. Of the Special Permission to Stay (PEP):

The Special Administrative Unit for Migration Colombia will provisionally suspend the accounting of the time of absence for the cancellation of the Special Permits to Stay for the reason enshrined in number 4 of article 6 of Resolution 5797 of 2017, until May 30, 2020 or until the term established by the National Government for the health emergency is fulfilled.

Article 5. From the Otpas Activities Permit (POA):It suspended the term of stay in national territory, foreigners who have been granted a POA type Entry and Permanence Permit, up to 30 calendar days, for any of the activities described in number 3 of article 13 and in accordance with the term established in Article 14 of Resolution 3167 of 2019, with the exception of the permission granted by Shore Pass to the Members of Maritime or River Crew, until May 30, 2020 or until the term established by the National Government for the health emergency is met. .

Article 6. Regarding Temporality:

Before the expiration of the term stipulated herein and based on what the National Government determines, Colombia Migration as the authority for the surveillance and control of immigration and aliens of the Colombian State, will determine the continuity or not of this measure.

Article 7. Regarding face-to-face procedures:

The Regional Directors will be in charge of coordinating general public access to the Migration Colombia facilities so that the corresponding procedures by foreigners can be carried out, as well as evaluating and determining the provision of services in an extraordinary way outside their facilities. , in accordance with the preventive, obligatory and transitory measures established in Resolution 385 of 2020 of the Minister: 3 of Health and Social Protection and other regulations that modify, add, complement or clarify it.

Article 8. Regarding Validity:

The present resolution governs from the date of its publication and is above all provisions that are contrary to it.

For answers to questions, additional information or professional guidance, please contact Expat Group via any of the following methods:

• Web chat on website https://expatgroup.co/english/.
• Customer service email info@expatgroup.co.
• Telephone attention in Spanish and English on the lines: (+57) 350 894 8130 / (+57) 350 211 2552.
• Attention through WhatsApp: (+57) 350 894 8130.
• Via social networks: Facebookand Instagram.
• Google Business link https://g.page/expatgroup-colombia.

Photo courtesy Migración Colombia via Twitter

Recent days may seem mayhem, this unexpected pandemic has citizens of all nations locked down and adapting to new changes. Recently, Colombian Authorities released a couple of resolutions to modify established times of the visa procedures determining a suspension of the time lapse for applications, end of visas, tourist permits, giving foreigners in the country a clear legal basis for staying in Colombia and start planning for when all gets better. Therefore, there is no need for foreign nationals in Colombian to get unnecessarily stressed out. These changes as they are now are very simple and for the better. Let’s review most of them.

Jaime Aristizabal is an attorney with Expat Group, a law firm in Medellin that services clients throughout Colombia and abroad with immigration and business formation.

There were two recent resolutions whose goal is to reduce the visa related stress of visitors and resident foreigners in Colombia. The first issued in March by Migration Colombia was a resolution targeted to reassure all tourists having to extend their periods in the country due to the declared Covid19 National Sanitary Emergency, and in April the Foreign Affairs Ministry pronounced a hold on the expiration of pending visas.

The second, as mentioned, came out of Colombia’s foreign affairs ministry and affects the status of all foreign nationals within the country holding visas or needing visa related procedures, the key here is that the accounting of the timing of the status of visas and visa applications has been frozen, and it will recontinue once the state of sanitary emergency declared in March has been lifted.

Foreign Affairs Resolution 1296 of April 21st, 2020 pronouncements:

By which the Ministry of Foreign Affairs, Republic of Colombia suspends some of the terms in the visa, passport and nationality procedures

Article 1. Visa applications for foreigners staying in the Colombian territory:

Foreigners who are in regular residence within Colombian territory may apply for a visa before the Visa Authority in Bogotá through the electronic means provided for this purpose by the Ministry of Foreign Affairs.

During the validity of this Resolution, foreigners holding a visitor visa in Colombia will not be allowed to make visa applications that signify class changes, being able to only request the same class of visa of which they are the holder, always, in accordance with the requirements established in Resolution 6045 of 2017, and the principle of discretion in the granting of visas.

Article 2. Suspension in the processing of visa applications for foreigners staying outside the Colombian territory:

It provisionally suspended until the Sanitary Emergency declared by the Ministry of Health remains in effect, the processing of visa applications by foreigners staying outside of Colombian territory, established in Resolution 6045 of 2017. The Colombian consulates and the Visa Authority in Bogotá, are prevented from admitting during the referred term such visa applications, regardless of their class or activity.

Article 3. Suspension of the validity terms of the visas:

It provisionally suspended until the Sanitary Emergency declared by the Ministry of Health remains in force, counting the validity time of the visa for foreigners that are abroad and are holders of a visa in force at the time of issuance of this Resolution, in accordance with the following:

1. Type (v) visitor visas to provide temporary services to a natural or legal person in Colombia, and to hold office in a Colombian headquarters of a company with a presence abroad by virtue of intra-corporate transfer of personnel.
2. Type (M) migrant visas regardless of their activity

Article 4. Suspension of the terms of early termination of visas due to the absence of national territory:

Provisionally suspend until the Sanitary Emergency declared by the Ministry of Health remains in force, the accounting of the time of absence from the national territory, as a cause of early termination of type M and R visas established in number 3 of article 66 of Resolution 6045 of 2017, for foreigners who are abroad and are holders of such classes of visa in force at the time of issuance of this Resolution.

Article 5. Suspension of the provisions related to the printing and stamping of the visa. Suitability of the electronic visa for purposes of registration in the Foreign Registry:

It provisionally suspended until the Sanitary Emergency declared by the Ministry of Health remains in force, the terms established in article 89 of Resolution 6045 of 2017, relating to the duty of the foreigner to print and stamp the visa with validity equal to or more than three months, in order to advance its registration in the Register of Foreigners. Such registration may be advanced with the current electronic visa (e-visa), whose authenticity and conditions will be verified by the Immigration Authority at the time of the respective registration. This, in line with public policy regarding Digital Government and streamlining procedures.

Article 6. Suspension of the time limits to claim the passport once issued:

It is provisionally suspended until the Health Emergency declared by the Ministry of Health remains in force, the deadlines enshrined in articles 12 and 18 of Resolution 10077 of 2017.

Article 7. Suspension of the procedures for issuing ordinary and executive passports:

Provisionally suspended until the Sanitary Emergency declared by the Ministry of Health remains in force, the issuance of ordinary and executive electronic passports by the issuing Offices in Bogotá, Calle 98 and Cale 53 and Colombian Consulates abroad.

Article 8. Suspension of the process of renunciation of nationality:

It is suspended provisionally until the Health Emergency declared by the Ministry of Health remains in force, the process of renunciation of nationality referred to in article 2.2.4.1.20 of Decree 1067 of 2015 for applications submitted after the Issue of Resolution 0385 of 2020 by which the sanitary emergency was decreed.

Article 9. Suspension of the term to issue a certificate of renunciation of nationality:

It is provisionally suspended until the Sanitary Emergency declared by the Ministry of Health remains in force, the terms for the process of renunciation of nationality referred to in article 2.2.4.1.21 of Decree 1067 of 2015 for requests presented after the issuance of resolution 0385 of 2020 through which the sanitary emergency was decreed.

Article 10. Suspension of the term to issue the act of recovery of nationality:

The sanitary emergency declared by the Minister of Health remains provisionally suspended until the term of five (5) days provided for in Article 2.2.4.3.5 of Decree 1067 of 2015 expires to issue the recovery act of Colombian nationality for the applications that are in progress after the issuance of resolution 0385 of 2020 by which the sanitary emergency is decreed.

Article 11. Validity and Application:

The present resolution governs from the date of its publication and will remain in force until the end of the health emergency declared by the ministry of health and social protection through resolution 0385 of 2020.

For answers to questions, additional information or professional guidance, please contact Expat Group via any of the following methods:

• Web chat on website https://expatgroup.co/english/.
• Customer service email info@expatgroup.co.
• Telephone attention in Spanish and English on the lines: (+57) 350 894 8130 / (+57) 350 211 2552.
• Attention through WhatsApp: (+57) 350 894 8130.
• Via social networks: Facebookand Instagram.
• Google Business link https://g.page/expatgroup-colombia.