Criminal and Immigration Records in Colombia Visa Applications
Criminal and immigration records are among the issues that cause the most doubt and concern for foreigners who wish to apply for a visa in Colombia, especially when they are unsure what information they must declare, what documents they may be asked to provide, or whether a past event can affect their application.
Although these records can influence the outcome of the procedure, their existence does not by itself determine the decision of the immigration authority. Their effect depends on factors such as the nature and seriousness of the facts and the particular circumstances of each applicant, as well as on the applicable immigration rules.
In this article we analyze what Resolution 5477 of 2022 provides, when these documents are requested, and which risks you should take into account when submitting a visa application in Colombia.
Criminal Records and Immigration Records Are Not the Same
To determine how these records can influence a visa application, it is important to distinguish between criminal or judicial information, migration movements and the history of immigration sanctions. Although these concepts are often confused, they refer to different situations, are proven through different documents and can have different implications for the applicant.
Criminal or Judicial Records
Criminal records relate mainly to convictions imposed for the commission of crimes, while judicial information may include other data about criminal proceedings. In Colombia, the immigration authority may consult the applicant's judicial records in the databases to which it has access, or request the corresponding certificates from the country of nationality or residence, in accordance with Article 26 of Resolution 5477 of 2022.
Migration Movements Certificate
Although the migration movements certificate (certificado de movimientos migratorios) is not a record as such, it is a document issued by Migración Colombia that registers entries into and exits from the country. From this information, it is possible to identify situations that could indicate an irregular entry into Colombia or a stay in the national territory longer than authorized.
However, the registration of these movements does not by itself prove the existence of an immigration infraction. Rather, it makes it possible to compare a person's travel with the conditions of their stay in the country.
Immigration Records and Sanction History
Immigration records, for their part, relate to the history of administrative infractions and sanctions in immigration matters, such as fines, deportations, expulsions or decisions that affect the validity of a visa. These situations are regulated, among other provisions, by Decree 1067 of 2015, which establishes the measures applicable according to the infraction and the circumstances of the case.
It is important to keep in mind that immigration sanctions are administrative in nature and, therefore, are not equivalent in themselves to a criminal conviction. Even so, they may be relevant when a new visa application is evaluated, depending on the measure imposed and the applicable provisions.
When Records Are Requested in a Visa Procedure
The documentation related to criminal and immigration records depends on the visa category requested and on the particular conditions of the procedure. While some categories expressly require judicial, criminal or police record certificates, others require a migration movements certificate to verify the history of entries into and exits from Colombia.
When They Are an Express Requirement
Resolution 5477 of 2022 requires the certificate of judicial, criminal or police records issued by the competent authority of the country where the applicant has stayed for a given period, with the corresponding apostille or legalization and official translation, for the following categories:
V Visa for Working Holiday (Visa V de Vacaciones y Trabajo): records for the last three years.
V Visa for Rentista (Visa V de Rentista): records for the last three years.
M Visa for Mercosur Migrant (Visa M de Migrante Mercosur): records for the last three years.
M Visa for Andean Migrant (Visa M de Migrante Andino): records for the last five years, in the country of nationality or in those where the applicant has resided.
M Visa for Retiree (Visa M de Pensionado): records for the last three years.
On the other hand, the migration movements certificate issued by Migración Colombia is required in the following cases:
M Visa for Spouse and M Visa for Permanent Partner (Visa M de Cónyuge and Visa M de Compañero(a) Permanente): the certificate of the foreign applicant and that of the Colombian spouse or partner is required. You can find more information in our article on the Colombia Spouse Visa.
M Visa for Parent of a Colombian National by Birth (Visa M de Padre o Madre de Nacional Colombiano por Nacimiento): the migration movements certificate of both the father and the mother of the minor is required.
R Visa for Accumulated Time (Visa R por Tiempo Acumulado): the migration movements certificate and a copy of the foreigner ID card (cédula de extranjería) are required, for the purpose of consulting judicial records.
Visa transfer: the migration movements certificate is required in accordance with the applicable provisions, including the amendments introduced by Resolution 9316 of 2024.
M Visa for Refugee (Visa M de Refugiado): for second and subsequent visa applications, the authority may request the migration movements certificate.
When They Are Not Among the Specific Requirements
Some categories, such as the Worker visa, the Business Owner (Socio/Propietario) visa, the Independent Professional visa, the Promotion of Internationalization visa, the Investor visa and the Stateless Person visa, among others, do not include criminal record certificates or migration movements certificates among their specific requirements. However, this does not mean that the immigration authority cannot request additional information, since the regulations allow it to consult the applicant's judicial records in the databases to which it has access or to require records from the country of nationality or residence.
For this reason, it is important to distinguish between the documents expressly required for a category and those that may be requested during the review of a specific application.
When They Are Not a Requirement: Discretionary Power
As explained in the previous section, the fact that a visa category does not expressly include certain documents does not mean that the immigration authority cannot request them. Resolution 5477 of 2022 grants it the power to verify information and to require additional documentation during the review of the application.
In particular, Article 26 allows the authority to consult the applicant's judicial records and to require those of the country of nationality or residence, while Article 19 provides for the possibility of requesting additional documents and conducting interviews, with up to three requirements. For its part, Article 95 allows the authority to request complementary information through the SITAC platform and to conduct interviews when it deems it appropriate.
In addition, Article 18 clarifies that submitting all the requirements does not imply the automatic granting of the visa, and Article 19 establishes that, when the applicant does not prove compliance with the requirements or does not provide the complementary information required, approval is subject to the discretion of the authority. For this reason, criminal and immigration records may be relevant even when they are not expressly listed among the documents required for a given category.
What We Observe in Practice
This power is also reflected in how applications develop. The form available on the SITAC platform includes questions about criminal and immigration records that must be answered when the application is submitted, regardless of the visa category.
In addition, in our practice we have observed that the Ministry of Foreign Affairs (Cancillería) requests apostilled or legalized criminal record certificates and, where applicable, officially translated ones, in numerous applications, even when these documents do not appear as a specific requirement of the category. This must be distinguished from an express documentary requirement: these are requests that the authority may make in the exercise of its powers of verification and evaluation.
As to formalities, documents must meet the conditions of validity, apostille or legalization, and official translation into Spanish provided for in the applicable regulations. Therefore, before starting the procedure, it is advisable to review which documents may be necessary for the specific case and to verify the conditions required for their submission.
How Records Can Affect a Visa Application
Once the documents that may be required during the procedure have been identified, the next question is how these records can influence the decision of the immigration authority.
The effect is not the same in every case: while certain criminal records are subject to specific legal prohibitions, immigration infractions may lead to the inadmission (inadmisión) or denial (negación) of an application, depending on the circumstances and the applicable provisions.
Criminal Records
Resolution 5477 of 2022 does not establish a general list of criminal records that prevent obtaining a visa, nor does it define a single period during which they must be considered. The decision depends on the evaluation of the immigration authority in the exercise of its discretionary power, whose substantive reasons must be recorded in the electronic file, which is subject to confidentiality, in accordance with Article 99. Factors such as the nature and seriousness of the facts, recidivism, the time elapsed and the applicant's current situation may influence that analysis.
However, there is a specific legal prohibition. Article 14 of Law 679 of 2001 prevents the granting of any type of visa to foreigners against whom, in any State, preliminary investigations or criminal or police proceedings have been initiated, fines have been imposed, a precautionary measure has been issued, or a final conviction exists for crimes of sexual exploitation or against the liberty, integrity and sexual formation of minors.
Immigration Records
Unlike criminal records, immigration infractions relate directly to compliance with the rules governing the entry and stay of foreigners in Colombia. Articles 98 and 99 of Resolution 5477 of 2022 contemplate immigration irregularity and the commission of infractions as circumstances that may lead to the inadmission or denial of a visa application.
Among the situations expressly mentioned are entering the country irregularly by evading immigration controls, entering without the required visa or the corresponding entry permit, and staying in Colombia irregularly. In addition, the sole paragraph of Article 99 establishes that the visa application will be denied to any foreigner who has facilitated, in any manner, the irregular entry of another person into the country.
Moreover, providing inaccurate information on the form can also have consequences for the procedure. Therefore, answers about criminal and immigration records must be truthful and consistent with the documents submitted, bearing in mind that the information provided forms part of the evaluation of the application.
Requirements From the Visa Authority
When there are criminal or immigration records that require clarification, the Visa and Immigration Authority may request additional information or documentation and/or summon the applicant to an in-person, virtual or telephone interview. These actions make it possible to clarify the circumstances of the case and to verify the information provided during the procedure.
If you receive a requirement, it is important to respond within the indicated period and to provide complete information consistent with the documents submitted, since failing to respond on time may lead to the application being deemed withdrawn and the procedure ending without a decision on the merits.
Past Records and Current Immigration Impediments
Having a record from the past is not the same as being subject to a sanction or an immigration impediment that is currently in force. For this reason, before submitting an application, it is advisable to verify whether there are restrictions that may affect the possibility of obtaining a new visa, such as those arising from the cancellation of a visa, a deportation or an expulsion. To learn more about this topic, read our article on the early termination of a visa in Colombia.
How to Reduce the Risk When Records Exist
Although criminal or immigration records correspond to facts that cannot be changed, it is possible to prepare the application to explain the circumstances of the case and to prove the applicant's current situation. To that end, you should consider the following aspects:
Current legal situation: gather the documents that prove compliance with the sentence or sanction and, where applicable, the absence of pending proceedings.
Truthful and consistent information: verify that the answers on the form match the documents submitted and faithfully reflect the existing records.
Documented explanation of the facts: prepare a clear explanation of the circumstances, the date and the outcome of the events, accompanied by the available supporting documents.
Proof of the current situation: provide, where relevant, evidence of family or work ties, economic activity and other circumstances relevant to the evaluation of the case.
Response to requirements: respond within the established deadlines and comply with the formalities required by the immigration authority.
Prior evaluation of the application: analyze the records and their possible implications before submitting the application, bearing in mind that the review fee is non-refundable and that a denial may prevent you from submitting a new application for six months, under the conditions provided in the applicable regulations.
These measures make it possible to prepare the application better, but they do not guarantee that the visa will be granted. The decision depends on the circumstances of the case and the applicable provisions, within the evaluation powers of the Visa and Immigration Authority.
Conclusion
Criminal and immigration records can influence a visa application in Colombia, but their existence does not determine the result on its own. Their impact depends on the nature of the facts, their seriousness, the time elapsed and the applicable rules, as well as on the particular circumstances of the applicant.
For this reason, it is important to identify the existing records, verify whether they create immigration restrictions, and prepare the documentation that makes it possible to explain and prove the situation. It is also essential to provide truthful and consistent information, since inaccuracies can have consequences for the procedure, depending on their nature and the applicable provisions.
Before submitting the application, it is advisable to evaluate the case and determine which documentation may be necessary to reduce the risk of problems during the procedure.
Do you need legal advice for your visa application?
At JG Lawyers we offer a visa application service in which we comprehensively analyze the applicant's immigration profile and special circumstances to identify possible risks, determine the applicable requirements and properly prepare the application for each case.
Frequently Asked Questions
Can I apply for a visa in Colombia if I have a criminal record?
It will depend on the nature of the records, the circumstances of the case and the applicable immigration provisions. Their existence does not necessarily mean that every visa application must be denied, although there are specific legal restrictions that may prevent a visa from being granted. For this reason, it is advisable to evaluate the situation before submitting the application.
Is an immigration infraction a crime?
Not necessarily. Immigration records relate to infractions of the rules governing the entry and stay of foreigners in Colombia. These conducts may give rise to administrative sanctions, such as fines, deportation or expulsion, but they do not constitute criminal offenses in themselves.
Do criminal records expire?
It is necessary to distinguish between the statute of limitations of the criminal action or of the sentence and the retention of the information in official registries. According to Judgment T-450 of 2022 of the Constitutional Court, serving or extinguishing a sentence does not necessarily imply the deletion of the criminal record when the information is requested for immigration purposes. Therefore, it is advisable to verify the legal situation and the treatment applicable to the existing records before starting a visa procedure. Read Judgment T-450 of 2022 (in Spanish).
What happens if the Ministry of Foreign Affairs requests additional documents or an interview?
The requirement must be answered within the indicated period and in compliance with the conditions set by the authority. Depending on the case, record certificates, clarifying documents or additional information may be requested, and/or an interview may be scheduled. Failure to respond on time may have consequences for the continuation of the procedure.
What can I do if my visa is denied because of my records?
You should review the decision and the reasons recorded by the immigration authority. A denial prevents you from submitting a new application for six months, under the applicable regulations. Before starting another procedure, it is advisable to analyze the circumstances that led to the decision, verify whether any impediment is currently in force, and determine which aspects must be clarified or better documented.
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