By means of Resolution 5477 of 2022, the Ministry of Foreign Affairs introduces several changes to the Colombian immigration system. These changes will come into force 90 days after the publication of the resolution in the official gazette, which took place on July 22, 2022.

Within these changes it is important to highlight the introduction of the following subcategories of visas

Visitor

• Seasonal agricultural worker: to carry out seasonal agricultural work under programs established by the Ministry of Agriculture and Rural Development or the governorates in agreement with the agricultural sector, the Ministry of Labor and the Ministry of Health and Social Protection.
• Digital nomad: to provide remote work or telework services from Colombia through digital tools. It will only proceed for non-restricted nationalities that demonstrate monthly income of at least 3 legal monthly minimum wages.
• FTA Entrepreneurs: to facilitate the mobility of entrepreneurs or businesspeople in application of commitments acquired by Colombia within the framework of FTAs signed and in force. This type of visa does not indicate what type of activities are permissible, whether it has a work permit, nor does it clarify whether those who can benefit from it must be nationals of a country with which an FTA has been signed or whether they must belong to a company domiciled in the country with TLC.
• Promotion of internationalization: for productive activities of innovation or research aimed at the adaptation of technologies that complement or develop products, processes or services that contribute to strengthening the country's competitiveness; for activities that contribute to incorporating knowledge into the priorities of national, regional and territorial development plans; or for pre-established professional activities by the immigration authorities, which contribute to the internationalization of the country.

The specific requirement to apply for this visa is to meet the professional profile established by the immigration authorities. In this sense, it is necessary to wait for this pronouncement to understand the eligibility criteria for this type of visa.

Migrant

• Promotion of internationalization: for foreigners with a master's, doctorate or postdoctoral level in basic or applied sciences, engineering, mathematics and similar, whose profiles meet the priorities required by the country in its public or private internationalization plans; or for professionals in areas pre-established by the immigration authorities.
• Stateless person: for foreigners who have been recognized by the state as stateless individuals.

Resident

• By application of the Temporary Protection Statute for Venezuelan migrants.
• Special peace resident: may be granted to former members of the FARC-EP who have undergone the process of laying down arms and transitioning to legality.

Despite the introduction of new visa subcategories, it is important to consider changes in conditions in existing visa subcategories, additional requirements and permanent extension in visa study processing times.

In this sense, we highlight some of the changes that must be taken into account by new visa applicants and also by foreigners who currently have Colombian visas.

• The possibility of requesting a Residence visa due to foreign investment is eliminated. This visa subcategory was moved to the Migrant visa category where the visa holder will not have a work permit. By virtue of the foregoing, even when a foreigner plans to invest in Colombia and carry out activities related to their investment, it is necessary to analyze other types of visas that allow them to carry out additional activities different from the investment.
• The possibility for fathers and mothers of Colombian nationals by birth to apply for a residence visa is eliminated. This visa subcategory was moved to the Migrant visa category. It is necessary to take into account that the visas in the Migrant category are temporary and not permanent, as is the Residence category.
• The safe-conducts will not prevent the interruption for the calculation of continuity to request a Residence visa due to accumulated time. In this sense, a visa holder who had a safe-conduct at some point may lose the accumulated time and may not apply for a Residence visa.
• Taking into account the excessive visa processing time and the multiple requirements that the Ministry can raise, it is advisable to submit the applications for second and subsequent visas much longer in advance to avoid having to go to a safe-conduct and lose the accumulation of periods. It is important to bear in mind that Migration Colombia considers that safe-conduct permits do not allow work, even when there are regulations to the contrary.
• Visa study times are increased to 30 calendar days and electronic visa issuance to 10 business days. Additionally, the visa officer may take more time if s/he needs to raise queries with other entities, without leaving a trace of that query in the file. Under the previous regulations, the visa study processing time was 5 business days and the electronic visa issuance 3 business days, although in practice the visa application processes have increased in recent years to more than one month. 
• Restricted nationals who apply for a visa through a Colombian consulate will be required to do so in the country where they have resident immigration status. In this sense, a foreigner who lives in a country other than their place of origin with a work or spouse visa, for example, will not be able to request a Colombian visa in that country.
• The restriction on the change of visa within Colombia for V visa holders in any subcategory will be permanent for restricted nationalities. This restriction was imposed during the Health Emergency for all nationalities and was temporary in nature at the time.
• The minimum requirement of economic solvency that a natural person must have to sponsor visas in category V was increased. In this sense, the sponsor must demonstrate income of 10 minimum monthly salaries and if it is a foreign person, they must have a residence visa. 
• The sponsorship of volunteer visas is limited to organizations that have been established for at least 5 years and have an average balance in their account of at least 100  legal monthly minimum wages.

Henceforth, this visa may only cover beneficiaries when the visa officer considers that the application is supported. In the same sense, the issuance of this type of visa for the second time will be exceptional at the discretion of the visa officer.

• The new regulations eliminate from its previous wording the possibility that natural persons previously had to sponsor work visas in the Migrant category. In this sense, it is not clear whether from now on only legal entities will be able to sponsor M work visas.

Even though in practice it was already happening, under new regulations, M Worker visa applicants must provide an apostilled professional title, professional permit or professional registration, as appropriate.
In addition, it will be necessary to provide the number of direct jobs generated by the company. Thus, at this point, it is not yet possible to determine the type of analysis that the immigration official will carry out in the case of recently established companies that have a limited staff and mostly foreigner due to issues of trust and know how.

• In the case of M shareholder or owner visas, the possibility for holders of secondary market shares to access this type of visa is restricted.

Likewise, the requirements for second and subsequent visas are increased in order to demonstrate that the company maintains economic activity and solvency through bank statements from the last 3 months prior to the visa application, income statement, social security contributions, lease agreement and/or proof of industry and commerce tax payments.

• When applicable and in the case of companies in the mining and energy sector, the visa officer will consult the platform of the National Mining Agency for the existence and validity of the respective mining title or will request it from the applicant.
• In addition, new subcategories of visas were generated by separating permissible activities and assigning new conditions. As an example, we note the separation of the annuitant and pensioner visa, which previously constituted a single subcategory of visas. In this separation, the annuitant visa was assigned to the V visa category, where it will not be possible for its holder to accumulate time to request the Resident visa in the future. In the same way, Resident visas issued to pensioners who accumulated time, will not have a work permit. 
• In the same sense, the technical activities were separated from the temporary services visa. With this change, the V technical assistance visa was reduced to an authorized stay of 180 days per calendar year and without the possibility of requesting beneficiary visas. Previously, the visa had an authorized stay for the same validity of the visa, that is, up to two years, and it was possible to request beneficiary visas.
• In the same way, the permanent partners of Colombian nationals will not be able to have the same advantages as the spouses. Under the new regulations, they were given a different visa status where permanent partners can only access visas valid for up to one year, and must accumulate 5 years to access the Residence visa, while spouses can granted with a visa valid for up to 3 years and after the same term apply for a Residence visa.
• The new regulations clarify that the visa process, study and issuance will be entirely virtual. In this sense, the visa stamping will only be done when the visa authority deems it necessary.
• The automatic regular stay due to early termination of a visa is reduced from 30 business days to 30 calendar days, but it is also extended to cases of ordinary visa termination. In this sense, apparently when a visa naturally expires, the foreigner would have 30 calendar days to apply for a new visa or leave the country. During this period, it is understood that the foreigner has regular immigration status.
• In consideration of the limitations imposed on residence visas, the Ministry created a transition regime through which the visas that allowed accumulating time for residence under the previous norm, will add to the count of time under the new norm, provided that at the moment of the application for the residence visa have accumulated at least two years of effective permanence in the country under their previous visas.

Despite the above, it is not clear whether the foreigner must change to a type of visa that, under the current norm, does accumulate time and, if so, what is the deadline to do so.

• Resident visa holders must carry out the visa transfer within 2 years following the date of entry into force of this resolution.