What do companies need to know about the new visa resolution?
At LARM we understand that, for our corporate clients, compliance with Colombian legislation is a fundamental part of their commitment to the development of the country, in accordance with the regulations established for that purpose.
Accordingly, in this paper we will address some crucial points that companies should keep in mind with the entry into force of the new visa resolution 5547 of 2022:
1. As had already been presented, but now established in the new solution, the study time of any visa application will be 30 calendar days, extendable by the time required by the entity to review the application or make any query to other entities. At this initial point, we recommend starting the processes early enough to obtain visa renewals, within the time and avoid the processing of laissez-passer or that foreigners incur in irregular permanence.
2. A maximum of 3 requirements is established and a period of 10 days is granted to respond to such requirements. In case of failure to respond within the established times, the request may be inadmissible or denied. It is important to have clear requirements and not to respond partially.
3. The new subcategory of visitor visas for digital nomads enters into force. Authorized to provide remote work or telework services (as independent or linked to labor), from Colombia, exclusively to foreign companies. It is also authorized to start a digital content or information technology venture of interest to the country.
The validity of this visa will be up to two years, depending on the activity to be carried out and the discretion of the visa office. Likewise, it allows the sponsorship of beneficiaries and restricts working or developing remunerated activities for natural or legal persons in Colombia.
4. Visa V technical assistance was reduced to an authorized stay of 180 days per calendar year. This means that, even if the visa is issued for 1 year, the holder of such visa may be only 180 days in our country 8 continuous or discontinuous in a period of 365 days counted from the date of issuance of the visa.
Accordingly, companies must adjust their plans so that technical assistance activities carried out in 365-day periods do not represent a stay of more than 180 days for foreigners.
5. Applicants for M Worker visas must provide their apostilled professional title, permit or professional registration, as applicable. Additionally, it will be necessary to provide the number of direct jobs generated by the company and justify the reasons why a Colombian citizen is not hired.
It will also be mandatory to indicate that the sponsor of the visa must be a duly constituted legal person. The text implies that a natural person cannot sponsor work visas which would eliminate the possibility of processing such visas for service employees, nannies or nannies of foreign officials.
As established above, the hiring of foreign persons without professional studies may be affected since we see that the Ministry of Foreign Affairs is taking into account the professional training for granting such visas. We also see some kind of working together with professional advice to make sure that foreigners with regulated professions have their credentials up to date.
6. Laissez-passer shall no longer be added for the calculation of continuity in visas for applying for cumulative residence. If a visa holder had a laissez-passer at any time he will lose the accumulated time and will not be able to apply for a Residence visa.
7. Foreigners who hold visas as residents granted under previous regulations and who did not renew the visa label will have two years to do so.
8. Beneficiary visas may be extended to spouses or permanent partners, biological children (up to the age of 25). For people whose parents come with beneficiary visas it will be necessary to look for alternatives that provide regular permanence.
We hope this information will give you a clear overview of the new changes brought about by the new immigration update. As always, if you have any concerns, do not hesitate to contact us.
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