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What happens if I overstay in Colombia? Do I have to pay a fine? Foreigners need to know the Colombian immigration regulations and understand the cases in which they may be exposed to fines with Migración Colombia. This blog covers fines in Colombia, their classifications, and tips to avoid penalties.
That is why we explain the cases in which the Unidad Administrativa Especial Migración Colombia can charge fines or sanctions and their classifications.
According to Chapter 13 of Decree “Decreto 1067 of 2015”, the Ministry of Foreign Affairs regulates the causes for sanctions, in addition to the classification according to Resolution 2357 of 2020
1. Minor infractions
When discussing immigration regulations in Colombia, it is essential to recognize that certain actions, though considered minor violations, can still lead to legal consequences. These infractions, often relating to the failure to comply with administrative processes or requirements, are typically subject to fines or other penalties. Below are the resolutions of minor infractions under Colombian migration law, which individuals should be aware of to avoid potential issues during their stay in the country.
| Article | Resolution |
|---|---|
| 1.1 | Not giving notice of the change of residence, address, employer, and/or contracting party within fifteen (15) calendar days following the occurrence of the event. |
| 1.2 | Not requesting prior authorization from the Internal Working Group determined by the Minister of Foreign Affairs for the change of employer and/or contractor within fifteen (15) calendar days following the occurrence of the event. |
| 1.3 | Failure to register changes in entity, profession, trade, activity, or occupation in the visa within 15 calendar days of authorization or upon entering the country may result in penalties. Additionally, minors must be registered within the same timeframe. |
| 1.4 | Incurring in an irregular stay. |
| 1.5 | Not processing the corresponding safe conduct “Salvoconducto” when required. |
| 1.6 | Not requesting the Foreign ID card Cédula de extranjería within fifteen (15) calendar days after reaching the age of majority. |
| 1.7 | Not renewing the Foreign ID card Cédula de extranjería within fifteen (15) calendar days following its expiration. |
| 1.8 | Enter or leave the country without complying with the legal requirements. |
| 1.9 | Exercise a profession, occupation, or trade different from the authorized one. |
| 1.10 | To develop remunerated activities without being authorized to do so. |
| 1.11 | Exercise activity or occupation with the safe-conduct Salvoconducto issued for leaving the national territory. |
2. Moderate infractions
In addition to minor infractions, Colombian migration law includes moderate violations involving more significant breaches of regulatory requirements. These actions may result in heavier fines or more severe legal consequences. The following are the resolutions of moderate infractions that individuals or entities should be mindful of, as non-compliance can lead to serious repercussions for both foreigners and those facilitating their stay or employment in the country.
| Article | Resolution |
|---|---|
| 1.1 | Not giving notice of the change of residence, address, employer, and/or contracting party within fifteen (15) calendar days following the occurrence of the event. |
| 1.2 | Not requesting prior authorization from the Internal Working Group determined by the Minister of Foreign Affairs for the change of employer and/or contractor within fifteen (15) calendar days following the occurrence of the event. |
| 1.3 | Failure to register changes in entity, profession, trade, activity, or occupation in the visa within 15 calendar days of authorization or upon entering the country may result in penalties. Additionally, minors must be registered within the same timeframe. |
| 1.4 | Incurring in an irregular stay. |
| 1.5 | Not processing the corresponding safe conduct “Salvoconducto” when required. |
| 1.6 | Not requesting the Foreign ID card Cédula de extranjería within fifteen (15) calendar days after reaching the age of majority. |
| 1.7 | Not renewing the Foreign ID card Cédula de extranjería within fifteen (15) calendar days following its expiration. |
| 1.8 | Enter or leave the country without complying with the legal requirements. |
| 1.9 | Exercise a profession, occupation, or trade different from the authorized one. |
| 1.10 | To develop remunerated activities without being authorized to do so. |
| 1.11 | Exercise activity or occupation with the safe-conduct Salvoconducto issued for leaving the national territory. |
3. Major infractions
Major infractions represent the most serious violations of Colombian migration law, carrying severe legal consequences for those involved. These offenses typically involve fraudulent or deliberate actions that undermine the integrity of the immigration system, such as false documentation or failure to comply with expulsion orders. Below are some examples of major infractions that can lead to the most significant penalties, including long-term deportation or legal action.
| Article | Resolution |
|---|---|
| 1.1 | Not giving notice of the change of residence, address, employer, and/or contracting party within fifteen (15) calendar days following the occurrence of the event. |
| 1.2 | Not requesting prior authorization from the Internal Working Group determined by the Minister of Foreign Affairs for the change of employer and/or contractor within fifteen (15) calendar days following the occurrence of the event. |
| 1.3 | Failure to register changes in entity, profession, trade, activity, or occupation in the visa within 15 calendar days of authorization or upon entering the country may result in penalties. Additionally, minors must be registered within the same timeframe. |
| 1.4 | Incurring in an irregular stay. |
| 1.5 | Not processing the corresponding safe conduct “Salvoconducto” when required. |
| 1.6 | Not requesting the Foreign ID card Cédula de extranjería within fifteen (15) calendar days after reaching the age of majority. |
| 1.7 | Not renewing the Foreign ID card Cédula de extranjería within fifteen (15) calendar days following its expiration. |
| 1.8 | Enter or leave the country without complying with the legal requirements. |
| 1.9 | Exercise a profession, occupation, or trade different from the authorized one. |
| 1.10 | To develop remunerated activities without being authorized to do so. |
| 1.11 | Exercise activity or occupation with the safe-conduct Salvoconducto issued for leaving the national territory. |
Having cleared the cases of fines and penalties by Migración Colombia, we will now look at the most recurrent cases of foreigners in Colombia, but first, we must understand some fundamental concepts.
What happens if I stay longer than allowed in Colombia?
Foreigners as tourists have 180 days per calendar year to stay in Colombia. Generally, upon entering the country, the foreigner is granted a 90-day stamp, and more or less within 10 days before the expiration of the first 90 days, the foreigner must apply for an extension of another 90 days.
If the person does not do the above and remains in Colombian territory for a longer time than authorized, the foreigner will incur an economic penalty when leaving the country or when attempting to start a Colombian visa process.
How much do I have to pay for each case?
The fines imposed by Migración Colombia can range from half to seven (7) legal monthly minimum wages (approximately 162.5 to 2275 USD).
It must be taken into account that the final decision on the allocation of the fine will depend on the officer of Migración Colombia, but the fines for irregular status can be approximate to the following cost:
| Article | Resolution |
|---|---|
| 1.1 | Not giving notice of the change of residence, address, employer, and/or contracting party within fifteen (15) calendar days following the occurrence of the event. |
| 1.2 | Not requesting prior authorization from the Internal Working Group determined by the Minister of Foreign Affairs for the change of employer and/or contractor within fifteen (15) calendar days following the occurrence of the event. |
| 1.3 | Failure to register changes in entity, profession, trade, activity, or occupation in the visa within 15 calendar days of authorization or upon entering the country may result in penalties. Additionally, minors must be registered within the same timeframe. |
| 1.4 | Incurring in an irregular stay. |
| 1.5 | Not processing the corresponding safe conduct “Salvoconducto” when required. |
| 1.6 | Not requesting the Foreign ID card Cédula de extranjería within fifteen (15) calendar days after reaching the age of majority. |
| 1.7 | Not renewing the Foreign ID card Cédula de extranjería within fifteen (15) calendar days following its expiration. |
| 1.8 | Enter or leave the country without complying with the legal requirements. |
| 1.9 | Exercise a profession, occupation, or trade different from the authorized one. |
| 1.10 | To develop remunerated activities without being authorized to do so. |
| 1.11 | Exercise activity or occupation with the safe-conduct Salvoconducto issued for leaving the national territory. |
How do I know if I have a fine at Migración Colombia?
If you are in Colombia, you should go to the Migration Service Facilitator Center, where you can check if you have any administrative sanctioning process.
On the other hand, when you leave the country, the immigration agent will inform you if you have a process in your name and will indicate the amount to be paid.
What is an irregular status?
Irregularity refers to the immigration status of a foreigner who may be in any of the following situations:
Entering the country irregularly, for example without crossing the official border or with false documentation.
Exceeding the time granted either in visa or residence permit.
If you are already irregular, it is important to find a way to complete the regularization process as soon as possible, this can be done:
First, request an appoiment under the administrative process.
Once you attend the appointment, you will be informed about the amount to be paid and you will be able to obtain the safe conduct Salvoconducto to continue either with the visa process or with the departure from the country.
What is safe conduct – Salvoconducto?
It is a temporary document issued by Migración Colombia for those foreigners who are on irregular stay and require the document according to the following circumstances:
For exit from the country: when the foreigner is already irregular in the country, he/she can go to a Migración Colombia office stating the intention to leave the country legally, show the exit ticket, pay the fine, and obtain safe conduct.
For permanency: If the person makes a visa process, the foreigner goes to Migración Colombia, shows the visa application documents, and with this, after paying the fine, will obtain the safe conduct of legal permanency.
How do I know if I have a fine at Migración Colombia?
If you are in Colombia, you should go to the Migration Service Facilitator Center where you can check if you have any administrative sanctioning process.
On the other hand, when you leave the country, the immigration agent will inform you if you have a process in your name and will indicate the amount to be paid.
To sum up
Colombia is a great attraction for tourists and those who see business opportunities to establish themselves and live in the most welcoming country in the world.
At expatgroup.co, we guide you and offer the best options for you to have a legal stay in Colombia. Contact us, and we will analyze which Colombian visa is the best for you.
