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IMPACT – MEDIUM
What is the change? Colombia has increased its minimum salary to 828,116 pesos (about US$263) for 2019.
What does the change mean? Companies sponsoring work visas must maintain a monthly balance exceeding 82,811,600 Colombian pesos.
Background: In Colombia, companies sponsoring foreign nationals on work visas must maintain a monthly balance exceeding 100 minimum salaries as evidenced by bank statements.
Analysis & Comments: The new salary minimum represents a 6-percent increase over the 2018 minimum of 781,242 pesos. The increase will not impact salaries for high-skilled foreign workers who are generally paid far more than the minimum salary. Employers, however, should account for the increase as it will impact the business balance required for sponsoring work visas.
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.
IMPACT – HIGH
What is the change? The new online registry known as the Unique Registry of Foreign Workers in Colombia, or RUTEC, is a mandatory registry for all companies in Colombia who employ foreign employees.
What does the change mean? Employers must register their foreign employees, information about their employment contracts, and social security affiliation on the RUTEC online portal. Registration in RUTEC must be completed within 120 calendar days after the date of the labor contract for new employees and by Feb. 8, 2019, for current employees. Employers must also update RUTEC within 30 calendar days after a change such as the end of a labor contract, modification of economic activity, or when an employee has a change of residential address.
Background: The registry will contain three main registrations:
After a foreign employee is registered in the system, a “migrant employee” electronic certification (or a “migrant employee of the Andean Area” certification for nationals of Bolivia, Ecuador or Peru) will be issued and employers must keep the certificate in their records.
Analysis & Comments: The new registry 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. Employers should register existing foreign employees now and do so no later than Feb. 8.
What is the change? The Colombian government has issued a resolution (Decree 1288) that allows Venezuelan nationals who registered in the recent census to obtain special stay permits, or PEPs. The resolution also eases the validation process for higher education degrees from Venezuela.
What does the change mean? Although the PEP is not a visa, it gives Venezuelans a valid ID and temporary permission to remain in Colombia and work or study as well as access health and social security benefits.
Background: Colombia introduced a legalization program for Venezuelan nationals in August 2017 and extended it in February. The PEP is a valid ID for Venezuelan nationals, but it is not a visa and does not shorten the eligibility period to apply for a residence or migrant visa. Additionally, the PEP can be revoked if the holder remains outside Colombia for more than 90 days or violates immigration regulations.
The eased process for validating educational degrees will facilitate certain applications; although degree validation is not required for work visas, it is requested for visa applications for independent professionals and it is mandatory for individuals seeking to work in a regulated occupation (regardless of immigration status).
BAL Analysis: The extension of PEPs to Venezuelans who registered in the Colombian national census will benefit additional Venezuelan nationals unable to return to their home country due to the ongoing political and economic crisis there. The easing of validation requirements will benefit Venezuelans seeking to work as independent professionals or in regulated professions in Colombia.
This alert has been provided by the BAL Global Practice group and our network provider located in Colombia. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Colombia has introduced stricter immigration penalties and compliance rules, following issuance of a resolution last month.
What does the change mean? Among the new rules, changes to a foreign national’s visa status must be reported in the online SIRE platform, penalties for immigration violations have increased significantly and companies will not be allowed to make amendments to mandatory reporting of foreign workers in the SIRE system beyond 90 days.
Background: The resolution also calls for stricter treatment of foreign nationals who are in irregular status. In most cases, they will be immediately subject to deportation, but can avoid it by agreeing to voluntary departure; nationals of Argentina, Bolivia, Brazil, Chile, Ecuador, Paraguay, Peru and Uruguay who are in irregular status may regularize their status under special circumstances; and Ecuadorian nationals who have exceeded their authorized stay in Colombia since Feb. 4, 2013 are exempt from monetary penalties.
Other provisions increase monetary penalties for “moderate” immigration infractions and expandthe list of infractions that are considered “moderate.”
BAL Analysis: Companies should be aware that it is now mandatory to file a disengagement report and thereafter an engagement report in the SIRE system when an employee’s visa category changes. Employers should also make sure that they perform all mandatory reporting in SIRE as soon as possible and no later than 90 days after the visa change; if 90 days pass, the company is subject to monetary penalties.
Colombia’s Migration Authority has published an alert warning of false emails that appear to be sent from the department. In an attempt to gain personal information, the scam messages falsely state that court proceedings have been opened against the recipient and that he or she may not leave the country. These emails are fake and should be deleted.
Reminders:
BAL Analysis: Email, phone and web scams are common around the world. People should protect their personal information, including any relevant immigration-related details.
What is the change? Colombia has added Bosnia and Herzegovina, Qatar and Serbia to its visa on arrival program.
What does the change mean? Nationals of the three countries may obtain an entry and stay permit (PIP), normally issued as valid for up to 90 days and extendable for a maximum 180 days per calendar year, at the port of entry, or a PIP-7 for technical activities valid for up to 30 days, and convert to the appropriate work visa in-country.
Background: Employees who are visa-waived nationals may travel to Colombia without a visa and may be granted an entry and stay permit according to the activities they intend to perform. They may then convert to a visitor visa (for short-term technical activities or intracompany transfers) or migrant work visas for local hiring or service agreements.
Colombia recently implemented a new immigration law that reorganized visa categories and procedures, including extending the maximum duration of short-term technical visas to two years.
BAL Analysis: Companies sending employees of the three nationalities will benefit from the expansion of the visa-waiver program.
What is the change? The Colombian government has extended the legalization program for Venezuelan nationals into a second phase.
What does the change mean? Venezuelan nationals who entered Colombia legally before Feb. 2 are eligible to apply for a special permission to stay through a Department of Migracion Colombia website. In order to be eligible, they (1) must have a valid Venezuelan passport with a stamp that proved entrance to Colombia before Feb. 2, (2) cannot have a criminal record in Colombia or another country and (3) must not be subject to a deportation order. Authorities may exercise their discretion in deciding whether to issue a special permission to stay.
Background: Minister of Foreign Affairs María Ángela Holguín announced the first phase of the legalization program in August 2017 and Venezuelans who entered Colombia legally before July 28, 2017, were eligible to apply for a PEP. At that time, approximately 150,000 Venezuelan nationals were in Colombia with an expired visa.
BAL Analysis: The legalization program continues to provide relief to tens of thousands of Venezuelans, including those who have been unable to return home due to the ongoing political and economic crisis in that country.
Copyright © 2017 Berry Appleman& Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Colombia’s new immigration law, which will simplify and reorganize visas into three main categories (visitor, migrant and residence), will be implemented Friday. In addition to the visa revisions, the law contains other important changes.
What does the change mean? BAL has confirmed that short-term technical activities will continue to be recognized under the visitor category and will continue to allow foreign employees to exercise temporary technical activities while remaining on a foreign employment contract. Additionally, short-term technical visas may be granted for up to two years. Currently, the maximum period for the TP-12 visa is 90 days and for the TP-13 visa it is 180 days.
Background: The law was published Aug. 2 and takes effect Dec. 15. Some other relevant clarifications include the following:
Requirements for TP-4 visas will not change significantly and the tax return of the employer will no longer be mandatory (although BAL will continue to recommend submitting it). The employer’s letter of support, however, will now be required.
Visitors intending on providing technical services must fill out a contract summary form. The form has not yet been released, but the ministry has confirmed to BAL that the current version will be updated to include an option for foreign employees who will remain on a foreign employment contract.
BAL Analysis: Companies should work with their BAL professional to prepare for the changes and factor in the potential for delays as authorities transition to the new law.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? The Colombian government is requiring travelers from Angola, Brazil, the Democratic Republic of Congo and Uganda to present a yellow fever vaccination card before entering the country.
What does the change mean? Travelers entering Colombia from the countries listed above must present a vaccination or risk being turned away at the border.
Background: The change followed outbreaks of yellow fever in parts of South America and Africa and is designed to prevent the disease from spreading in Colombia. Bolivia and Nicaragua are among other Latin American countries that have taken efforts to stop the spread of yellow fever by requiring proof of vaccines from some or all visitors. Colombian officials are also recommending that all travelers, regardless of where they are traveling from, obtain a vaccination if they plan on visiting a part of Colombia that is considered a high-risk area for yellow fever.
BAL Analysis: Companies with employees traveling to Colombia from Angola, Brazil, the Democratic Republic of Congo or Uganda should plan for the additional requirement and time required to obtain a vaccination before travel.
What is the change? Colombia’s Ministry of Foreign Affairs has confirmed that visa applicants will soon be required to complete an online application before appearing in person to apply for a visa.
What does the change mean? Beginning Monday, foreign nationals applying in person for a visa in Colombia will be required to complete an application form and provide supporting documentation online before appearing in person. Once the online application has been uploaded, applicants will print out their application and bring it to a Ministry of Foreign Affairs office.
Background: The Ministry of Foreign Affairs has confirmed that the new requirement will be implemented Monday. Before appearing in person, applicants will have to complete an online application, which, once uploaded, should be printed out and brought with original documents and fees to a ministry office for approval and stamping.
BAL Analysis: While the impact on processing times is not clear, employers and visa applicants should anticipate the possibility of delays, as visa applicants will be forced to upload their online applications before appearing in person to obtain a visa. Businesses may need to adjust timelines or start dates if the new requirements lead to significant delays.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.