The member States of the Andean Community (CAN) have adopted a migration instrument aimed at enabling mobility of workers from these countries across CAN member states. It is important to note the decision only affects or is to be applied in the CAN states and only to nationals from Bolivia, Colombia, Ecuador and Peru.

The instrument foresees four new categories of migrant workers:

  • Individually moving workers: are Member states nationals who emigrate to another Member Country in order to work, as a result of:
  1. Having signed an employment contract as a dependent worker; or
  2. Having or answering an offer of employment from the Country of Immigration, as a dependent worker.
  • Company workers: Andean nationals who move to another Member State other than that of their customary residence for a period of more than 180 days by order of the company by which they are employed, whether the enterprise is already established in the other country, has a legal project underway to become established there or is conducting a special project in that country.
  • Seasonal workers are Andean nationals who move to another Member Country to do cyclical or seasonal jobs, such as: farming tasks like, among other things, sowing, planting, cultivating and harvesting farm products; husbandry, forestry etc.
  • Border workers are Andean nationals who, while keeping their customary residence in a Member Country, continually move to another Member Country’s border work area to perform their working activities.

These two categories do not require the foreign national to obtain a work visa. They are only required to obtain their Migrant Worker certificate from the Colombian Ministry of Labour if they fulfill the mentioned requirements.

The decision has modified in certain aspects Colombia`s immigration statue (Decree 4000 of 2004) with respect to foreigners applying for a Colombian work visa. The rule currently in force determines foreigners requesting and obtaining work visas for the first time, must do so at a Colombian consular office outside Colombia.

Under the new provisions introduced by Decision 545, foreign nationals of Andean community states may now obtain work visas in country. Colombian authorities in implementing this decision have allowed an in country status change.

Foreigners are required to notify immigration officers of their working migrant status upon arrival to the port of entry into Colombia. Once in the country a work visa may be obtained by presenting the required documentation. The requirements will change depending on the migrant worker´s category. The most important document required being a labour contract.

Notwithstanding these new provisions, Andean migrant workers and employing entities must comply with existing provisions, especially those relating to regulated professions and activities. Foreigners might still be required to obtain a temporary license or professional permit.

Finally the decision awards competences and functions to the Colombian Ministry of Labour, requiring it to keep a record of Andean migrant workers and issuing an Andean migrant worker certificate.

IN 2013 GOVERNMENT FEES/PAYMENTS RISE 2.44%

Starting February 1st, certain immigration documents and services will have a cost increase. Following the yearly adjustments in most government-related services and payments, “Migracion Colombia” (Colombian Immigrations Office), has announced the new costs of their services as follows:

  • Foreigners ID: COL $153.300 (85 USD)
  • Entry permit extension: COL $76.850 (43 USD)
  • Safeguard/safeconduct: COL $46.200 (26 USD)
  • Migratory Records COL $46.200 (26USD)

NEW VISAS DIRECTOR ASSUMES POSITION

The Ministry of Foreign Affairs has designated as of last December Mr. Victor Echeverri as the new head of the Visas Division Bureau. Mr. Echeverri is a well renowned public officer with wide experience in the public sector and within the Ministry of Foreign Affairs.

Mr. Echeverri assumed the post after former director; Ambassador Estrada decided to retire in December after a long career in the public sector of diplomacy.

NEW TAXATION RULES FOR FOREIGN NATIONALS IN COLOMBIA

The rules for individual’s taxation in Colombia have changed recently in a substantial way. Particularly, according to new individual’s taxation rules, all individuals (either foreign or national) are subject to income tax on their worldwide income as from the year in which they become tax residents. Conversely, non-resident individuals are subject to income tax solely on their Colombian source income.

To this end, an individual (either foreign or national) is considered to be tax resident if he or she stays in Colombia for more than 183 calendar days within any given 365-consecutive-days term. This fact should be reviewed in accordance with the immigration record of each individual. Other specific tax residence rules may apply for nationals.

Notwithstanding the above, it is worth mentioning that tax residents are entitled to a tax credit for the foreign income tax (regardless of its denomination) paid abroad on foreign source income. This tax credit is limited to the income tax liability that would accrue in Colombia on the same net income. This tax credit should be also analyzed in accordance with the possibility to apply a foreign income tax in other countries.