Colombia: Resolution 6045 of August 2nd, 2017

Resolution 6045 of August 2nd, 2017 repealed Resolution 5512 of September 4th, 2015, establishing new visa categories and requirements.

WHAT CHANGED?  

• Resolution 6045 of August 2nd, 2017 repealed Resolution 5512 of September 4th, 2015, establishing new visa categories and requirements. This resolution will come into force in ninety (90) business days from its publishing date.

• Pursuant to the new regulations, the former visa subcategories will be grouped into the following three (3) categories:

• Each visa type will allow the exercise of activities that were previously permissible under the visa subcategories that were available in Resolution 5512 of 2015. Nevertheless, even though the visa subcategories were eliminated, the visa applicant will still need to submit requirements that are specific to the activities that he or she will perform in the country.

• The term "work permit" is introduced and automatically granted in certain cases, allowing the visa holder to work and provide paid services in the country. This permit is already implied in the visa, which means that the applicant is not required to apply for the visa and permit separately.

• The term "transversal permit" is also introduced and automatically granted to visitor visa holders, allowing them to carry out business negotiations, market research, direct investment plans and enterprise creation. This permit is already implied in the visa, which means that the applicant is not required to apply for the visa and permit separately.

• Showing proof of professional accreditations to exercise a regulated profession or occupation in Colombia was not a visa requirement. However, under Resolution 6045 of 2017, this became a requirement for those applying for a migrant visa as a self-employed person (formerly known as TP-7 visa).

• Per Resolution 5512 of 2015 if the visa was granted electronically, the visa holder had to request the visa stamp/tag within the following two (2) months from the visa approval date. Resolution 6045 of 2017 reduced this term to 30 days.

• One of the requirements for the work visa TP-4 was copy of the last six (6) bank statements of the Colombian company reflecting a total balance of at least 100 legal minimum salaries. Under Resolution 6045 of 2017 it will be necessary to submit bank statements showing a balance of at least 100 legal minimum monthly salaries per month.

• Under Resolution 6045 of 2017 there is no mention to the specific activities authorized by the former TP-13 visa (providing specialized technical assistance, with or without a work contract, to public or private companies). The expectation is that these activities will be covered under the visitor visa granted to provide temporary services to a natural or legal person in Colombia.

• A key requirement to apply for a visitor visa for the provision of temporary services is submitting the Contract Summary Form. Brigard & Urrutia will follow-up to verify if a new section will be added within this format authorizing the provision of these services with or without local contracting.

• A courtesy visa will be granted to a foreigner who has filed a refugee request and has not been recognized under this condition. The visa will be granted at the discretion of the Advisory Commission for Determining Refugee Status and the Visas office.

• Submitting a motivation letter will be an essential requirement to obtain any type of visa.

• The resident visa will not be granted to foreigners who have been out of the country for more than 180 continuous days.

• One of the requirements for a migrant visa due to spouse of Colombian national will be an application letter signed by the sponsoring spouse accompanied by a special power of attorney.

• While the Ministry of Foreign Affairs was already asking for recently issued documents, Resolution 6045 of 2017 made it mandatory that visa requirements should not be order than three (3) months.

• While the Ministry of Foreign Affairs was already asking for a copy of the employment contract for the work visa TP-4, Resolution 6045 of 2017 officialized this requirement for the migrant visa as an employee.

WHAT IS THE EFFECT OF THIS CHANGE?  

Visas issued prior to the entry into force of Resolution 6045 of 2017 will keep their validity and conditions. Before expiration, a new visa must be requested in accordance with the regulations established in Resolution 6045 of 2017.

WHAT NEEDS TO BE CONSIDERED?  

• Resolution 6045 of 2017 will enter force ninety (90) working days after its publication.

• Brigard & Urrutia will monitor closely any new developments and interpretation of these new regulations. 

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