Business Visa in Colombia: Changes according to Resolution 5477

The changes in the business visa in Colombia have resulted from the entry into force of Resolution 5477 of 2022.

In this change, some details have been established regarding the requirements for the business visa in Colombia, which makes the application a bit more demanding and has adjustments in relation to the Resolution 6045 which generally covers the requirements for all type V visas:

1. Complete the visa application form electronically.
2. Present a passport, travel document or Laissez Passer that, being issued by an Authority, International Organization or State recognized by the Government of Colombia, is valid, in good condition and with free space for visas.
3. Provide a copy of the main page of the passport, travel document or valid Laissez Passer where the holder’s personal or biographical data are recorded.
4. Foreigners who apply for a visa while in the national territory or in the territory of a State other than that of their nationality, must provide a copy of the document that, in accordance with the immigration regulations of the country in which they are staying, certifies their legal, regular or authorized stay.

In relation to Resolution 5477, the aforementioned requirements for the business visa in Colombia do not present major changes, since they are maintained and some details are added, such as:

• The minimum validity of the passport or travel document must be 6 months.
• Provide a recent digital color photograph, with a white background and a maximum resolution of 300 kb.

As for the specific requirements, Resolution 6045 establishes different requirements, depending on whether the request is made in a personal capacity or with the support of an individual or legal entity, as in the current regulations.

The requirements to apply for a business visa in Colombia in a personal capacity or with the support of a natural person are as follows:

Submit a written communication from the applicant and/or the natural person supporting the visa application that clearly contains the following content:– Full identification of the applicant and of the natural person supporting the application, if any – A brief explanation of the relationship or link existing between the foreigner and the natural person supporting the application, if any.

– Explanation of the activity that the foreigner intends to carry out in the national territory (details, participants, duration, schedule, location).

– Declaration of financial responsibility for the expenses inherent to the travel and stay of the foreigner in the national territory.

1. Proof of liquidity of the applicant and/or the natural person supporting the application by means of bank statements corresponding to the 6 months prior to the application.

The requirements for business visa applications in Colombia supported by legal entities are as follows:

Submit a letter signed by the legal representative of the legal entity acting on behalf of the legal entity, which clearly contains the following information:– Full identification of the legal entity indicating the NIT in case of being incorporated in Colombia and contact information – Complete identification of the foreigner.

– Explanation of the activity that the foreigner intends to carry out in the national territory, indicating the program to be carried out, its duration and planned agenda.

– Explanation of the relationship or type of relationship with the foreigner for whom the visa is requested and the special qualifications or expertise of the foreigner, if any.

– Declaration of financial responsibility for the expenses inherent to the travel and stay of the foreigner in the national territory. 2. When the legal entity supporting the application is private and incorporated abroad, a certificate of existence, incorporation or constitution and legal representation or a document that takes its place must be provided. 3. Proof of the liquidity of the legal entity by means of bank statements corresponding to the 6 months prior to the application. In the case of a public entity, it is not necessary to comply with this requirement.

Finally, in the article that covers more specific requirements according to the activity, no mention is made of business.

Now, Resolution 5477 indicates that in case the application for a business visa in Colombia is made in a personal capacity or with the support of a natural person, it is required:

1. Submit a written communication from the applicant informing the full identification of the applicant and explaining the activity that the foreigner intends to carry out in the national territory (details, participants, duration, schedule, location, among other aspects):
2. In case of being invited, a written request must be submitted by the Colombian host or a foreign citizen, only if he/she is the main holder of a Permanent Resident (R) visa, signed by hand and with fingerprint of the right or left index finger, or right or left thumb, clearly stating his/her contact telephone number, physical address and e-mail address.
   The type of relationship or link with the foreigner and its economic responsibility for the expenses inherent to the travel and stay of the foreigner in the national territory.
   In such request, the sponsor must also register the data of other foreign citizens he/she has sponsored; commit to the national government to guarantee the return of the foreigner to his/her country of origin or inform if the foreigner remains irregularly in the national territory.
3. Proof of financial solvency of the applicant and/or the natural person issuing the invitation by means of bank statements corresponding to the six (6) months prior to the application, showing monthly income of not less than ten (10) current monthly minimum legal wages (smlmv).

In case the application is made with the support of a legal entity:

1. Submit a reasoned communication signed directly by the legal representative of the legal entity acting on its behalf, clearly containing the following information:

• Full identification of the legal entity indicating the NIT in case of being incorporated in Colombia and contact information.
• Complete identification of the foreigner.
• Letter from the legal representative of the legal entity that supports the application for a business visa in Colombia, indicating the activity that the foreigner intends to carry out in Colombia, its duration, the type of relationship or link between the legal entity and the foreigner.
  It must indicate who assumes the economic responsibility for the expenses inherent to the travel and stay of the foreigner in the national territory.
  This communication must also include the details of other foreign nationals that the company or legal entity has supported. The legal entity must also undertake before the national government to guarantee the return of the foreigner to his/her country of origin or to report if the foreigner remains irregularly in the national territory.
• Explanation of the relationship or type of relationship with the foreigner for whom the visa is requested and the special qualifications or expertise of the foreigner, if any.
• Declaration of economic responsibility for the expenses inherent to the travel and stay of the foreigner in Colombia, in which the legal entity also assumes the commitment to inform the Visa and Immigration Authority immediately any change occurs in the conditions for which the visa was granted, to guarantee the return of the foreigner to his/her country of origin and to inform if the foreigner remains irregularly in the national territory.
  This declaration must be signed by hand and with fingerprint of the right or left index finger, or right or left thumb: or before a foreign competent authority, in which case it must be apostilled or legalized, as appropriate.

1. When the legal entity supporting the application is private and incorporated abroad, a certificate of existence, incorporation or incorporation and legal representation or a document that takes its place must be provided, with the formalities foreseen for the presentation of foreign documents set forth in this resolution.
2. Proof of the financial solvency of the legal entity by means of bank statements corresponding to the three (3) months prior to the application. In the case of a public entity, it is not necessary to comply with this requirement.

In conclusion, the relevant changes with respect to the requirements are as follows:

In relation to natural persons, the relevant change refers to the accreditation of economic solvency. Although the time period in which bank statements are required remains the same, with the new resolution a minimum monthly income of 10 SMLMV is required.

Regarding legal entities, under the old resolution, bank statements for the 6 months prior to the application were requested, while under resolution 5477, bank statements for the last three months prior to the application are required.

Cybergraphy:

• https://www.cancilleria.gov.co/sites/default/files/Normograma/docs/resolucion_minrelaciones_5477_2022.htm#31
• https://www.cancilleria.gov.co/sites/default/files/Normograma/docs/resolucion_minrelaciones_6045_201