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Submitted By Firm: Cavelier Abogados

Contact(s): Julieth Roldan


Date Published: 7/26/2013

Article Type: Legal Update

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El gobierno Colombiano mediante Decreto No. 0834 de 2013 modificó  las normas migratorias entre ellas las relacionadas con las visas a extranjeros que expide el gobierno colombiano.

Antes de referirnos a la nueva clasificación de las visas es importante mencionar  que el decreto definió el término visa,  como la autorización concedida a un extranjero para ingresar al territorio nacional otorgado por el Ministerio de Relaciones Exteriores.

La nueva clasificación antes mencionada estableció tres clases de visas: Negocios (NE), Temporal (TP) y Residente (RE); Una reducción sustancial pues la norma anterior,  Decreto 4000 de 2004,  establecía seis  (6) clases: Cortesía, Negocios, Tripulante, Temporal, Residente y Visitante.

A su vez, la visa de negocios y la visa temporal  cuentan con un número de categorías, es decir,  de razones para  solicitar la visa.  La Visa de Negocios, por ejemplo, cuenta con cuatro (4) categorías y  la visa Temporal cuanta con trece (13) categorías.

Modificaciones importantes:

  • La Visa temporal de trabajador:

La Visa temporal de trabajador tal y como existía fue modificada. La primera modificación se dio en su denominación, que pasa a llamarse TE-4 (Visa Temporal categoría No. 4).

El segundo cambio sustancial es que este tipo de visa puede solicitarse no solo en virtud de un contrato de trabajo, sino también de un contrato de prestación de servicios.

La tercera reforma  y tal vez la más importante es que la nueva norma derogó la disposición que establecía que la visa de trabajo por primera vez, debería ser solicitada en una oficina consular de Colombia, esto, es fuera del país. Aunque podría interpretarse que es posible solicitar este tipo de visa pro, primera vez estando en el país, creemos importante que el gobierno se pronuncie frente a este punto para conocer si esta visa podrá tramitarse por primera vez en territorio colombiano o no.

  • Visa de residente inversionista:

La Visa de residente inversionista también se modificó en varios aspectos. El primer cambio presentado fue el cambio de denominación, pues de Visa de residente inversionista pasó a denominarse visa de residente.

Sin embargo, el cambio más importante es que  modificó el monto del capital que debe ingresarse a Colombia para ser considerado inversionista.

Anteriormente el gobierno establecía que esta visa se otorgaba a las personas que realizaran una inversión distintas a inmuebles, no inferior a cien mil (US$100.000) dólares americanos  o por inversiones en inmuebles por un monto mínimo de doscientos mil (US$200.000) dólares americanos.

Actualmente, el decreto modificó el monto de la inversión a seiscientos cincuenta (650) salarios mínimos, sin importar si es para inmueble o no. Esta suma de dinero para el año 2013 es equivalente a COP$383.175.000.

  • Cédula de extranjería:

La norma actual establece la expedición de la cedula de extranjería para todos aquellos extranjeros con visas con una vigencia mayor a tres (3) meses, sin importar si son menores o mayores de edad. La norma anterior sólo establecida la  cedula de extranjería para aquellos extranjeros mayores de edad que tuvieran una visa con una vigencia mayor a tres (3) meses.

 Finalmente, cabe resaltar que el Decreto 0834 entrará en vigencia sesenta (60) días después de su expedición ocurrida el pasado 24 de abril de 20013.

El Departamento de Derecho de los Negocios de Cavelier Abogados podría ayudarlo a entender la nueva reforma y a conocer cuales nuevas alternativas tienen sus compañías para solicitar visas para extranjeros.




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