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When traveling to Colombia, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Colombia, you may engage in the activities below depending on the type of authorization you are traveling under. The most common types of authorization for business visitors are the Visitor Visa (V) for Business Activities, Tourist Permit and Integration and Development Permit. While this list is not exhaustive and other activities could qualify as business, depending on the visa held, you may:
Most foreign nationals intending to enter Colombia to conduct business activities must obtain authorization. Depending on their intended activities, non-restricted nationals may apply for a Tourist Permit or an Integration and Development Permit upon arrival at the port of entry or in-country if already in Colombia. Non-restricted nationals may alternatively choose to apply for a Visitor Visa (V) for Business Activities. Restricted nationals must obtain a Visitor Visa (V) for Business Activities from a Colombian Consulate or Embassy prior to travel. Please obtain an individual assessment before traveling to determine your eligibility for a Tourist Permit, Integration and Development Permit or Visitor Visa (V) for Business Activities.
The activities below, whether paid or unpaid, generally constitute work under Colombian law. This list is not exhaustive, and many other professional activities are considered work in Colombia, even if conducted for a short duration.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Colombia. The most common types of work authorization for Colombia are:
Colombia does not offer work authorization exemptions.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
Beginning today, Colombian nationals may apply for the Global Entry Program, a trusted-traveler program that allows preapproved, low-risk travelers to use automated kiosks when clearing immigration at designated airports rather than having to wait in line.
Colombia is the first South American country to be included in the program.
Key points:
Background: Colombia is the eighth country to join the Global Entry program. Global Entry members bypass manned immigration inspection queues at entry points and undergo automated clearance at 59 U.S. and international airports, significantly reducing wait times upon arrival.
Details on how to enroll are available at the Global Online Enrollment System website.
BAL Analysis: Colombian nationals who are frequent travelers will benefit from the program, as their entry clearance will be expedited at dozens of airports. Global Entry members may also benefit from TSA security prescreening at designated international airports before boarding a flight to the U.S. Travelers are reminded that Global Entry does not ensure admission and they must still secure an appropriate visa before travel.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
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.
IMPACT – MEDIUM
What is the change? Colombian officials have begun asking for additional documentation from TP-4 and Mercosur visa applicants.
What does the change mean? First-time applicants should be prepared to provide a copy of a local employment contract with their application. Renewal applicants should be prepared to provide employment certification in addition to a local employment contract. For dependents, copies of marriage and birth certificates should be provided and must have been issued within the last three months.
Background: The changes were not codified in any law or regulation, but rather were made under the Colombian Foreign Ministry’s discretionary authority to request additional documentation. The ministry began requesting the documentation described above in recent weeks in an apparent attempt to more aggressively check the accuracy of information as stated on applications.
BAL Analysis: The new requirements add a layer of red tape for employers sponsoring workers on TP-4 or Mercosur visas. But applicants who fail to gather and provide the proper documents could face significant delays. When proper documentation is not included, the ministry must conduct a second review, which can take up to 30 days.
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 ©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.
What is the change? Colombia’s visa-free travel agreement with the European Union takes effect today.
What does the change mean? Colombian nationals can travel without a visa to the 26 Schengen Area countries for up to 90 days in a 180-day period. The waiver does not apply to the United Kingdom or Ireland, neither of which is part of the Schengen Area.
Background: The EU and Colombia reached the visa-free travel agreement in June, and officials signed a final version of the agreement Wednesday. Although the final text must still be approved by the European Parliament, this step is considered a formality and visa-free travel begins on a provisional basis starting today.
The agreement provides for visa-free travel for business, tourism, cultural visits, scientific activities and family visits, among other types of travel. Paid activity still requires work authorization. While the U.K. and Ireland are not part of the deal, Colombia has reached visa-free travel agreements with Switzerland and Liechtenstein, in addition to the 26 Schengen countries. Nationals of Schengen countries, Switzerland and Liechtenstein already enjoy visa-free travel to Colombia.
BAL Analysis: The agreement is expected to facilitate business and other short-term travel opportunities for Colombian nationals traveling to the Schengen Area.
What is the change? Nationals of China, India, Thailand and Vietnam who hold Schengen or U.S. visas are eligible under a new program to enter Colombia without a Colombian visa.
What does the change mean? Though the program was announced in February, some immigration officers may not be aware of it yet. Travelers from the countries above should be prepared to show additional documentation and may want to consider normal visa processes until the program is more fully implemented.
Background: Colombian authorities announced the change in February to coincide with the 35th anniversary of diplomatic relations between Colombia and China.
The program aims to make it easier for nationals from the countries listed above to visit Colombia, including for business purposes. However, those who do not have a Schengen or U.S. visa or permanent residence permit still have to go through regular visa processes. The program also does not cover holders of C-1 or transit visas.
Some immigration officers may not be aware of the program, and travelers should be prepared to show additional documentation, including letters from the companies they intend to visit and information about their travel to and from Colombia. They must also carry their passports with their Schengen or U.S. visa or permanent residence permit.
The PIP-6, issued to business visitors, is a single-entry permit that allows visits of up to 90 days and extensions for an additional 90 days. The PIP-6 does not allow work activities.
BAL Analysis: While the change is a boon for Chinese, Indian, Thai and Vietnamese travelers to Colombia who hold Schengen or U.S. visas, it is not a full-scale visa-free travel arrangement. What’s more, because the program is new, some immigration officials may not be aware of it. Travelers who qualify for the program should be prepared to show additional documentation and may want to consider using the normal visa process to enter Colombia.
What is the change? Colombia’s Ministry of Education now requires that applications for degree validation include apostilled or legalized undergraduate diplomas, transcripts and university curricula for the Colombian program for which they are applying.
What does the change mean? The additional validation procedures can add significant time to the document gathering and preparation process.
Background: Foreign nationals applying for some visas and permits in Colombia are required to have post-secondary degrees validated.
On Dec. 22, 2014, Colombia’s Ministry of Education issued Resolution No. 21707 on the validation of degrees from non-Colombian colleges and universities. Under the resolution, degree certification now requires an applicant to submit a written application, an apostilled or legalized copy of the applicant’s diploma, an apostilled or legalized copy of the applicant’s transcript, an apostilled or legalized copy of the applicant’s university curriculum for the Colombian program for which they are applying and payment of the applicable fee.
Additional requirements may be included for specialized fields. For example, those applying to practice law in Colombia have to show that they have studied Colombian constitutional law, administrative law, civil procedure, criminal law and labor law. Those interested in practicing medicine have to show that they have completed a year of practice as a student. The changes described above took effect Dec. 25, 2014.
BAL Analysis: Degree verification applicants should make sure that they understand what is required for their particular application. The apostilization/legalization requirements will add to the time it takes to prepare applications, so applicants should allow additional lead time when going through the process.
IMPACT – HIGH
What is the change? Colombian officials have indefinitely suspended issuance of Mercosur visas to Venezuelan nationals, saying Venezuela has failed to develop a Mercosur visa option for Colombian nationals.
What does the change mean? Venezuelan nationals will have to go through regular processes to obtain visas to work or emigrate to Colombia.
Background: Mercosur (Mercado Común del Sur) is a South American trading bloc comprising Argentina, Brazil, Paraguay, Uruguay and Venezuela. Colombia, along with Bolivia, Chile, Ecuador and Peru, is an associate member.
There are many advantages to Mercosur visas. They allow nationals of Mercosur nations (including associate nations) up to two years’ residence for work or study without employer sponsorship. The visa requires less documentation than TP-4 work visas and is therefore easier to obtain. Finally, holders of Mercosur visas are allowed to apply for residency after two years in Colombia, whereas it takes five years before TP-4 work visa holders can apply for residency.
BAL Analysis: The suspension is indefinite. If Colombia’s move prompts Venezuela to put in place a Mercosur option for Colombian nationals, it may be lifted. It remains to be seen whether other Mercosur countries will follow Colombia by suspending Mercosur visas for Venezuelan nationals.
What is the change? Colombia has launched a new online system for employers of foreign nationals to report on the status of their workers. The new system has specific measures in place for foreign workers in positions that require licensing in Colombia (e.g., attorneys, business people, and engineers).
What does the change mean? Notification of a foreign national’s start and termination dates must now be completed through the online process rather than in person. Company representatives or third-party immigration providers will be required to register for the new system on Migración Colombia’s website.
Background: The new online system is designed to enforce registration documentation and professional licensing requirements. Employers or their representatives must register by uploading their company’s Certificate of Existence and Legal Representation as well as identification cards of the company’s legal representatives. Once Colombian officials have been notified that a foreign national has started work for the company, the company or its representative is required to upload a letter signed by the employer’s legal representative, a procedure that previously was done in person. When the employee in question requires a professional license, the license’s validity will also be checked as part of the notification process.
Foreign nationals who hold visas that do not require corporate sponsorship are also required to register. In such cases, both the employer and employee are required to notify Colombian authorities of the employee’s start and end dates.
BAL Analysis: The new online registration requirements present employers with a small logistical hurdle to clear in properly registering foreign workers. The program could help Colombia root out employees who do not have the proper documentation or licensure. Employers in Colombia should register on Migración Colombia’s website as soon as possible to avoid any difficulties.
What is the change? Over the past month, the Ministry of Foreign Affairs has grown increasingly strict about enforcing a requirement that applicants for TP-4 Visas have either a local contract or service agreement with a Colombian sponsor.
What does the change mean? Applications for TP-4 Visas that are unsupported by either a local contract or service agreement will be rejected.
Background: The TP-4 Visa is issued to foreign nationals entering Colombia under an employment relationship, contract or service agreement with a Colombian company, organization or individual. Under a 2013 order (Decree 834, Article 7) all employees must have a local contract or service agreement.
BAL Analysis: While this is not a new rule, the ministry began strictly enforcing it in the past month in an unannounced change. Applicants seeking a TP-4 Visa should be sure to have a local contract or service agreement in place before submitting applications.
Colombia is also currently requiring all visa applicants to fill out and sign questionnaires concerning travel to Ebola-affected countries, including Guinea, Liberia, Sierra Leone and Nigeria.
IMPACT – LOW
What is the change? The four countries in the Pacific Alliance – Chile, Colombia, Mexico and Peru – have announced a Working Holiday visa program.
What does the change mean? Nationals of the four countries who are aged 18 to 30 will be eligible for Working Holiday visas that allow them to live and work in any of the Pacific Alliance member states for up to one year.
Background: The four member states of the Pacific Alliance announced the program during a June 19-20 summit in Mexico. Each country will be allowed to issue up to 300 of the visas to qualified applicants, who will be allowed to travel and work in that country for up to one year. The countries currently have mutual visa-waiver agreements for business and tourist travel, but work permits have always been required.
The Alliance also announced its intention to negotiate with countries in the MERCOSUR bloc – Argentina, Brazil, Paraguay and Uruguay – to expand the program in those countries.
BAL Analysis: A Working Holiday program in the four countries will benefit employers with training programs in the region who hire and train student interns and others. Note that this program is separate from the Working Holiday programs in Europe, Asia and Australia.
This alert has been provided by the BAL Global Practice group and our network providers located in Chile, Colombia, Mexico and Peru. For additional information, please contact your BAL attorney.