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IMPACT – MEDIUM
What is the change? Colombia has issued a resolution that allows eligible Venezuelan nationals to apply for a Special Stay Permit (PEP) online.
What does the change mean? Venezuelan nationals who meet the PEP eligibility requirements can apply for the permit, at no cost, on the Colombian Migration web page.
Background: Colombia began issuing PEPs to Venezuelan nationals in 2017 in response to the political and economic situation in Venezuela. The PEP is valid for 90 days and renewable for up to two years.
Analysis & Comments: The change is good news for Venezuelan nationals, as they will now be able to apply for residence status online and without paying a fee. For more information on eligibility requirements, please contact your Deloitte representative.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Colombia has set new minimum salary and transportation allowance rates.
What does the change mean? Effective Jan. 1, employees must be paid a minimum salary of COP $877,803 (about US$266). Employees who make less than double the minimum salary are also entitled to a monthly transportation of COP $102,854, for a combined minimum of COP $980,657 per month. Employers should also not that Colombia employers that sponsor foreign workers maintain a monthly balance of at least 100 times the minimum salary. This means that these companies monthly balance must exceed COP $87,780,300 under the new wage rate.
Additional information: The Colombian National Government issued Decrees 2360 and 2361 on Dec. 26, setting the new minimum salary and transportation allowance rates.
Analysis & Comments: The new salary minimum represents a 6-percent increase over the 2019 minimum of COP $828,116. The increase will not impact salaries for most high-skilled foreign workers who are generally paid far more than the minimum salary. Employers should account, however, for the increase as it will impact the business balance required for sponsoring work visas.
What is the change? Colombia has implemented a resolution that changes entry procedures for visa-waived nationals.
What does the change mean? Visa-waived nationals will now receive one of three permits upon entering Colombia: a tourism permit, an integration and development permit, or a permit for other activities. The changes also allow for visa-free entry in limited number for visa-required nationals traveling for short-term nonprofit activities.
Additional information: Colombia’s Resolution 3167 of 2019 was issued on Oct. 25 and took effect Dec. 1. It replaced Colombia’s old entry system with a new one under which visa-waived travelers will receive one of three permits when entering Colombia:
Authorities have also implemented provisions of the resolution that allow immigration agents to authorize visa-free entry of nationals who normally require visas provided that they are traveling for short-term nonprofit activities and (1) hold permanent residence in a Pacific Alliance country (Chile, Colombia, Mexico, or Peru); (2) are nationals of Cambodia, China, India, Myanmar, Thailand or Vietnam who hold a U.S. or Schengen Area residence permit or visa valid for at least 180 days; or (3) are Nicaraguan nationals who hold a U.S., Schengen or Canadian residence permit or visa valid for at least 180 days.
Analysis & Comments: Those planning travel to Colombia or with employees who are traveling to Colombia are encouraged to work with their immigration provider to make sure they obtain the correct permit for their planned activities.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Colombia has issued a resolution that streamlines the process of validating foreign degrees.
What does the change mean? Foreign employees applying for visas and permits must submit an apostilled and certified copy of their diploma, an application form, and a copy of a valid form of identification through the online system. Once submitted, authorities will issue a decision within 60 days regarding the validation.
Background: Previously, authorities issued a preliminary letter and could request additional documents during a 30-day preliminary period. The final degree validation was issued one to three months after the preliminary letter. The new resolution eliminates the preliminary letter, and validations will be issued within 60 days. If more information is required, the Ministry will have an additional 15 days to request it.
Analysis & Comments: Overall, the change should reduce wait times and streamline the degree validation process. Applicants should keep in mind that health, law, accounting, and education degrees still require additional verification and the validation process for these degrees may take more than 60 days.
What is the change? A resolution has been passed that establishes a temporary procedure for the National Registry to include a note of validity on the birth certificate of children of Venezuelan nationals who do not meet the requirements of domicile.
What does the change mean? The resolution, which is valid for two years, allows children born in Colombia as of Aug. 19, 2015 of Venezuelan parents to obtain a special stamp on their birth certificate that reads “valid to demonstrate nationality.” The procedure will help prove the nationality of children who do not meet domicile requirements in Colombia.
Background: The Venezuelan crisis has led many governments to adjust their immigration regimes to account for the influx of Venezuelan migrants entering their countries. Colombia, in particular, has allowed Venezuelan nationals to obtain special stay permits and has eased entry requirements for Venezuelans with expired passports.
Analysis & Comments: The most recent change creates a temporary procedure for dependent children of Venezuelan nationals who are not Colombian citizens and are not eligible for a dependent residence permit. By issuing a note of validity, authorities can prove the citizenship of the child and register them within the national registry. Venezuelan nationals with affected children will need to obtain the stamp in Colombia as it will not be issued at foreign consulates.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.
This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Colombia has created the Supplementary Special Permanent Program (PECP) for Venezuelan nationals.
What does the change mean? Venezuelan nationals who have requested recognition of refugee status in Colombia between August 19, 2015, and December 31, 2018, are eligible for the 90-day work and residence permit. The PECP is extendable for equal 90-day periods, without exceeding the term of two years.
Eligibility requirements:
To be eligible for the PECP, applicants must meet the following qualifications:
Otherwise, individuals that have been denied asylum between Aug. 19, 2015 and Dec. 31, 2018 are not eligible for the PECP.
Background: The Venezuelan crisis has led many governments to adjust their immigration regimes to account for the influx of Venezuelan migrants entering their countries. Colombia, in particular, has allowed Venezuelan nationals to obtain special stay permits and has eased the validation process for higher education degrees from Venezuela. The most recent change allows Venezuelans who have applied, but have not been granted refugee status, to apply for a 90-day work and residence permit.
Analysis & Comments: The change is good news for Venezuelan nationals who entered Colombia between Aug. 2015 and Dec. 2018 and have not been granted, refugee status. While the application period is officially open from now until Sept.5, the application form is not yet available, and the application period may be extended to account for this delay.
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.
What is the change? Venezuelan nationals may renew Special Stay Permits under a resolution that took effect earlier this month.
What does the change mean? Venezuelan nationals are eligible to renew Special Stay Permits if they (1) resided in Colombia on July 25, 2017, (2) entered Colombia with a passport, (3) have a clean criminal record in Colombia and abroad, and (4) are not subject to a deportation order. The renewal application window is currently available to Venezuelans whose initial special permits were issued between Aug. 3 and Oct. 31 or 2017. Special Stay Permits provide Venezuelan nationals temporary permission to reside, study and work in Venezuela.
Background: Colombia began issuing Special Stay Permits to Venezuelan nationals in 2017 in response to the political and economic situation in Venezuela. The permits were initially issued with a two-year validity period and may now be renewed for an additional two years. Renewal applicants will be required to provide a copy of their ID or birth certificate, a digital photograph (front facing with a white background), and a certificate of residence in Venezuela. Applicants must be in Colombia when the permit is granted. Additional information may be requested. Permits are generally issued within hours for applicants who meet the eligibility criteria.
Analysis & Comments: The ability to renew Special Stay Permits will benefit Venezuelan nationals unable to return to their home country due to the ongoing political and economic situation there.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the change? The Ministry of Foreign Affairs has issued a resolution that allows Venezuelans to enter, transit and leave Colombian territory with an expired passport.
What does the change mean? Venezuelans are now able to use expired passports up to two years past their expiry date as a valid entry and exit document. They may also use their expired passports to request a new or renewal visa.
Background: The Venezuelan crisis has led many governments to adjust their immigration regimes to accommodate the influx of Venezuelan migrants entering their countries. Colombia has allowed Venezuelan nationals to obtain special stay permits and has eased the validation process for holders of higher education degrees from Venezuela. The most recent change (Resolution 0872) eases the entry and exit process for Venezuelan passport holders who may not be able to renew their passports.
Analysis & Comments: The resolution will ease travel to Colombia for Venezuelan nationals who do not hold a valid passport and are unable to obtain a new one. Additionally, Venezuelan nationals will be able to use an expired Venezuelan passport up to two years past its expiry date when applying for visas.
What is the change? The deadline for employers to register their current employees in the Unique Registry of Foreign Workers in Colombia (RUTEC) system has been extended.
What does the change mean? Employers must register their foreign employees, employment contracts information and social security affiliation on the RUTEC online portal by March 9. Registration in RUTEC must be completed within 120 calendar days after the date of the labor contract for new employees.
Background: The new registry, which was introduced in October, is a tool for labor authorities to monitor immigrant labor and to ensure that employers are fulfilling all requirements regarding labor contracts, working conditions and social benefits to guarantee the rights of immigrant employees. The ministry extended the deadline for employers to apply due to the low number of foreigners currently registered in the system. The original registration deadline was Feb. 8.
Analysis & Comments: Employers should register existing foreign employees as soon as possible and no later than March 9.
What is the change? Colombian authorities are no longer accepting in-person visa requests, and all visas must be applied for online.
What does the change mean? Visas must be requested online, even for applicants in urgent cases who previously relied on the in-person process.
Analysis & Comments: Businesses and foreign nationals applying for visas in-country should factor in the mandatory online process when planning business schedules and no longer rely on the in-person option for urgent cases. Applicants should only appear at the visa office in Bogota if they are summoned to do so via email. The consulate visa applications will remain the same and the requirements will depend on the individual Colombian consulates abroad.