News

6November2020

UncategorizedNew criteria for compliance with immigration obligations

6November2020
By: Rodrigo Tannus Serrano
rtannus@tannus.co

Through Resolution 2357 of 2020, Migración Colombia modified some aspects of the sanctioning procedures of the entity, as well as the standards for the compliance with migratory obligations in Colombia. This resolution includes some changes regarding the obligations that foreigners and individuals or legal entities with which they have any kind of association must comply with, and the rates and measures that will be imposed in case a sanction is inflicted, as well as notifications before the SIRE.

It is important to mention that, the individual or legal entity that hires or accepts a foreigner who is a holder of an Entry Permit or Temporary Permit to Stay, Special Permit to Stay or visa, which allow them to develop activities that create benefits, whether economic or not, must comply with the notification of employment or dismissal in the terms ordered by law, according to each particular case. In cases where the foreigner’s visa has some interruption, between one validity and another, or there is, for example, a change of category, a new report must be made in the system.

This new resolution specifies which documents will be valid for the SIRE notification, i.e.: Passport with a valid visa or permit authorized by Migración Colombia, foreigner’s identity card, Special Permit to Stay or the document that serves as such, and valid safe-conduct.

Likewise, it establishes the exception for the online notification of those establishments that, due to geographic circumstances or connectivity, do not have communication channels to comply with this obligation.

In those cases that prior to the issuance of the administrative act of initiation and filing of charges have the approval of Migración Colombia, a period of amendment of 5 days will be allowed to correct, update and normalize the immigration situation of those who due to unawareness of the legislation (not giving notice due to change of residence, not notifying changes in the visa, etc.) or due to untimely reports ( notifications of employment, dismissal, among others).

Regarding the infractions, we find that those related to updating the visas due to change of occupation and/or employer, reports from the foreigner due to change of residence, etc., will continue to be catalogued as minor infractions, but with an increase in the range of the sanction, which will go from 1 to 8 monthly legal minimum wages in force.

As for the moderate ones, a hardening of the sanctions is also observed since they may go up to 100 minimum wages in case of not complying with the duties and obligations of individuals or legal entities that have some kind of association with a foreigner.

This resolution also shows the effort made by the authority to unify the provisions issued in recent years on the subject, which promote knowledge and compliance with immigration provisions. However, there are still several aspects to be improved, especially at the operational level, since after 6 months of not providing in-person services, the numerous procedures and processes delayed by the pandemic, require extraordinary measures, some of which are within their reach, since, using the technological advances implemented by the Office in recent years, they could bring great benefits and efficiency, as long as they do not impose unnecessary additional bureaucratic burdens on users.

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