What changed?

• A new engagement report through the SIRE virtual system must be made after a visa category change.
• Elementary and high school educational institutions may allow the enrolment of minors without a permit or visa that authorizes their regular stay in Colombia, avoiding any administrative action, as long as these institutions make the corresponding report through the SIRE Virtual System. This does not imply that the migratory situation of the minor and their legal representatives is settled and, therefore, they must regularize their migratory status.
• Penalties subject to amendment due to ignorance of the law or untimely reports cannot exceed a period of 90 calendar days.
• The irregular permanence disappeared from the list of causes of minor infraction whose economic sanction varied between ½ to seven (7) minimum wages.
• Immigration infringements categorized as moderates will lead to an economic penalty that may vary between eight (8) to forty (40) minimum legal salaries. Under the previous regulations, the penalty for incurring in moderate infractions ranged from one (1) to fifteen (15) minimum legal salaries.
• The following actions were included as moderate infractions: 
  • Not to self- identify as a Colombian national before the immigration authorities when entering or leaving the national territory; 
  • Non-compliance with the obligations established in the regulation by clinics, hospitals or medical centers that provide emergencies or hospitalization services to national foreigners; 
  • Non-compliance with other obligations contained in the new resolution and other regulations that may modify it or repeal it.
• Nationals from Argentina, Bolivia, Brazil, Chile, Ecuador, Uruguay, Paraguay and Peru, who are in irregular stay within the national territory and express their intention to obtain a residence in Colombia, may resolve their immigration status under special circumstances.
• Ecuadorian citizens are exempt from financial penalties for exceeding the authorized period of stay within the national territory. This rule applies on events that took place starting on February 4, 2013.
• Under special circumstances, the immigration authorities may switch the deportation decision for a fine.
• Foreign nationals under irregular permanence may request the voluntary departure from the country by signing a commitment letter and the authorization of a safe-pass for departure valid for up to five (5) days.

What needs to be considered?

• When visa changes arise, for example, from migrant visa to resident visa, it will be necessary to file the disengagement report and, after that, the engagement report.
• Fines for incurring in immigration infractions increased substantially. By virtue of the foregoing, it is advisable to have stricter immigration controls to avoid incurring in any immigration infraction.
• The principle of opportunity for amendment can no longer be requested at any time, which implies a more onerous sanction for companies that make extemporaneous reports of foreigners in the SIRE platform. 
• Under the new regulations, the immediate consequence of irregular permanence is deportation, unless special circumstances that may affect constitutional guarantees can be demonstrated. Only in this case, it would be possible to correct the infringement by means of an economic sanction.
• In case of irregular permanence, it is possible to avoid deportation through voluntary departure from the country.
• Resolution 1238 became effective as of May 16, 2018.