Decree 216 of 2021: Everything You Need to Know

With the issuance of Decree 216 of 2021 "Through which the Temporary Statute of Protection for Venezuelan Migrants Under Temporary Protection Regime is adopted and other provisions on migration matters are issued", the processing of special PEPFF permits was discontinued, leaving unprotected those Venezuelan migrants who wish to work in Colombian territory.

What was PEPFF?

The Special Permit of Stay for the Promotion of Formalization (PEPFF) was an exceptional and transitory work permit for migrants in irregular status who had a formal job offer in Colombian territory.

It was requested by the employer through an application provided by the national government, through an agile and completely virtual process.

What does Decree 216 of 2021 bring?

The Temporary Statute of Protection for Venezuelan Migrants Under Temporary Protection Regime is created for Venezuelan migrants who wish to remain temporarily in Colombian territory.

It mainly creates two institutions:

The RUM

The Unique Registry of Migrants (art. 5 onwards), administered by the Special Administrative Unit of Migration Colombia, is created with the objective of collecting and updating information as input for the formulation and design of public policies. It does not have sanctioning purposes and does not grant the registered person benefits or faculties in Colombian territory.

To be included in the registry, Venezuelan migrants must be in national territory in one of the following situations:

• In a regular manner, as holders of a Permit of Entry and Stay, Temporary Permit of Stay or a Special Permit of Stay
• As holders of a safe-conduct SC-2
• In irregular status as of January 31, 2021
• Having entered regularly, complying with the requirements established by migration regulations and through a Migration Control Post, within the first two years of validity of the statute

The PPT

The Temporary Protection Permit (art. 10 onwards) is a migration regularization mechanism that grants the migrant permission to exercise any legal activity and occupation in the country and allows them to accredit their stay in Colombia for the purpose of accumulating time to apply for a Type R Visa.

To obtain this permit, the following requirements must be met:

• Be included in the RUM
• Not have criminal records, annotations or sanctioning administrative or judicial processes in Colombia
• Not have open migration administrative investigations nor have an expulsion, deportation or valid economic measure against them
• Not having been recognized nor having a current request for asylum or refuge in another country

However, compliance with the above does not guarantee its granting, which will be a discretionary and optional faculty of the Special Administrative Unit of Migration Colombia.

Additionally, and by virtue of article 15 of the decree, the PPT may be canceled through an administrative act against which there is no recourse, in case of:

• Finding records of any violation of the Colombian legal system occurred before or after the granting of the permit
• Violating migration regulations
• Considering the migrant's presence inconvenient in national territory
• Considering their presence or having information from national or foreign authorities that indicate their presence represents a risk to national or citizen security
• The PPT holder being absent from national territory for more than 180 continuous days
• Finding falsehoods or inconsistencies in the application by the beneficiary

What is the problem for Venezuelans?

The real problem focuses on those who are in irregular migration status, meaning we are talking about approximately 50% of Venezuelans in Colombian territory. The problem for them is that they cannot register in the RUM if they entered the country after January 31, 2021, and therefore cannot apply for a PPT nor, consequently, work formally in Colombia.

But it doesn't end there, because they themselves and those who entered in irregular status before that date, even if they later regularized their status, have no guarantee either of obtaining a PPT or maintaining it, as it is the exclusive, discretionary and appeal-free faculty of an administrative entity.