The Recent Digital Nomad Visa in Colombia – LATAM Context

As of 31 December, 2020, the Colombian government through the issuance of Law No 2069 of 2020 (Law for the promotion of entrepreneurship in Colombia), placed on the head of the Ministry of Foreign Affairs the task of creating a special regime for the entry, stay and work in Colombia of foreigners known as “digital nomads”, defined by the same Law as “persons engaged in remote and/or independent work, including the modalities of telework, telecommuting and/or remote work”. This is arguably a coherent alignment with the global trend on this phenomenon, which has taken place after the COVID-19 pandemic with the proliferation of remote work and policies’ flexibilisation by employers or contracting parties in terms of their employees/contractors being able to provide services from anywhere around the world.

Currently, around 40 countries offer the possibility of applying for a visa under this category, specifically for people who wish to work remotely from their territories for employers or contracting parties based in other countries. In Colombia, the authorities have brought about this possibility by issuing Resolution 5477 of 2020, which came into force on 21 October 2022, implementing a Visitor Visa for Digital Nomads for foreigners willing to provide remote work or telecommuting services for foreign companies from Colombia, or for those foreigners who wish to start a venture of digital content or information technology of interest to the country.

When foreigners apply for this visa, a vital and distinctive feature to consider is that they must hold a visa-waived nationality, under Resolution 5488 issued in July 2022. Furthermore, the applicant must demonstrate having a minimum income equivalent to three minimum legal monthly salaries (around USD800 monthly) during the three months before the application. This visa may be granted for up to two years.

Moreover, Colombia is one of the few countries that offer this opportunity in the LATAM region, along with Brazil, Costa Rica, Ecuador, Panama, and others. There are some other LATAM countries (eg, Mexico) that also offer this possibility under a temporary residence visa: assessment of eligibility is based on activities, length of stay, and payroll location. By way of comparison, see the Table for the main characteristics of this visa in some of the LATAM countries.

On the other hand, it is important to point out that some challenges have already arisen in Colombia, specifically regarding the discretion usually involved in immigration procedures before local authorities. For instance, in the case of foreigners wishing to apply for this visa based on a digital content or information technology start-up, the rule clearly states that this start-up must be important for the country’s development and aligned with the country’s interest. However, the regulation does not expressly indicate what could be considered within this scope.

Given that this visa category was recently implemented in Colombia, close monitoring of the way these visa applications are processed by the relevant authorities will be required in order to set best practices and precise strategies for visa submissions. For further advice on this or any other Colombian immigration topic, feel free to get in touch.