From Script to Screen: Essential Immigration Insights for Foreign Talent in Colombia in the Audio-Visual and Creative Industries

In an increasingly globalised world, the audio-visual and creative industries demand the constant mobility of international talent to execute major entertainment projects. Recognising this need, Colombia has implemented a regulatory framework within its immigration regulations that facilitates the entry and stay of foreign talent to participate in projects in this field.

Resolution 5477 of 2022, issued by the Colombian Ministry of Foreign Affairs, encompasses various visa categories based on the activities that foreigners and their sponsors wish to undertake within the national territory. Among these, there are visas specifically designed for agents of the audio-visual industry. These types of visas outline different scopes that must be considered when including foreign personnel in audio-visual productions within the country.

In this manner, there is, on one hand, a type of visa aimed at talent involved in large-format film or documentary productions developed in the country. On the other hand, there is a courtesy visa, supported under the framework of the Film Law (Ley de Cine), established for foreign audio-visual productions carried out in Colombia with the approval of the Ministry of Culture.

Additionally, as part of the overall scheme of audio-visual incentives in Colombia to promote audio-visual production in the country, not only are these visas created, but there is also the possibility for foreign talent to be exempt from them under certain conditions explicitly indicated in the applicable regulations issued by the Ministry of Foreign Affairs and the Special Administrative Unit “Migración Colombia”. This exemption is applicable as long as the stay of the talent in Colombia does not exceed 90 days, which, in certain cases, can be extended for up to an additional 180 days, according to the procedure established by Migratión Colombia (Migration Colombia).

Furthermore, it is crucial to consider that among the requirements stipulated by the regulation to apply for these types of visas are the following.

Based on the above, it is essential for agents of the audio-visual industry to formulate a strategic immigration diagnosis/assessment from the early stages of the project (pre-production or even earlier). This scheme should consider the requirements demanded by national regulations and the corresponding authorities, determining and adapting the production timelines to mitigate risks and optimise the time for visa application, if required.

The above becomes particularly important, considering the applicable provisions set out by Decree 1067 of 2015 and Resolution 2357 of 2020, as neglecting or incorrectly analysing immigration regulations can lead to severe consequences for the production company, the selected talent, and consequently, the project, such as:

Therefore, while Resolution 5477 of 2022 represents a significant mechanism in facilitating the international mobility of talent in the audio-visual and creative industries in Colombia, it is essential to have expert legal advice to ensure compliance with all immigration regulations to maximise these benefits and avoid potential inconveniences.