Withdrawal, Inadmissibility, and Rejection: Key Differences in Colombian Visa Procedures

Going through a visa application process can be stressful and uncertain for applicants. What is often at stake is not only the visa itself, but an entire personal or professional project, such as an investment, a marriage, a business venture, or a retirement plan.

When the response issued by the Ministry of Foreign Affairs is not an approval but an inadmissibility or a rejection, applicants frequently face doubts about how to proceed. In other cases, when checking the status of the application, it may appear as withdrawn, which can be confusing for applicants who expected a formal decision on the outcome of their request.

The purpose of this article is to clarify the meaning of each of these outcomes, their legal implications, and the options available to visa applicants in Colombia.

What Each Concept Means Under Current Regulation

Resolution 5477 of 2022, issued by the Ministry of Foreign Affairs, clearly distinguishes between withdrawal, inadmissibility, and rejection, assigning different legal consequences to each situation. The most relevant aspects are outlined below.

Withdrawal

Withdrawal occurs when a visa application is deemed abandoned due to the applicant’s failure to comply with a procedural deadline established by the Ministry of Foreign Affairs. The regulations contemplate three main scenarios in which an application may be considered withdrawn.

1. Once a visa application is submitted, the applicant has ten (10) calendar days to pay the visa study fee. If the payment is not made within this period, the application is deemed withdrawn and must be submitted again.

2. If the visa is approved, the applicant has ten (10) calendar days to pay the visa issuance fee so that the Ministry can issue and deliver the visa. Failure to make this payment within the established period results in withdrawal of the application. In such cases, the applicant must submit a new application and pay the study fee again. The prior approval does not guarantee approval in the new process, as the case will be reviewed again from the beginning.

3. During the review process, the Ministry may request additional documents or information by email. The applicant has ten (10) calendar days to respond. If no response is provided within that period, the application is deemed withdrawn, the procedure is closed, and a new application must be filed with payment of the study fee.

Inadmissibility 

Inadmissibility is a decision by which the Ministry of Foreign Affairs determines not to continue processing a visa application, while still allowing the applicant to submit a new application.

In practice, inadmissibility is generally based on formal or documentary deficiencies, without reaching a full substantive assessment of the case. Resolution 5477 of 2022 identifies grounds for inadmissibility such as failure to meet visa requirements, inconsistencies between the intended activity and the visa category requested, or submission of the application to an incorrect consular authority.

The Ministry also clarifies that inadmissibility may be declared at the discretion of the visa authority, particularly when the application does not present a sufficiently solid and coherent case to clearly establish the applicant’s intentions.

Although inadmissibility does not bar the applicant from submitting a new application, it is essential to correct the issues that led to the inadmissibility. Submitting the same documentation again under the same circumstances will likely result in another inadmissibility or may even lead to a rejection.

Rejection

A rejection occurs when, after a substantive review of the case, the Ministry of Foreign Affairs decides to deny the visa based on its discretionary authority. Once a visa is rejected, the application process is formally concluded.

If the applicant is in Colombia at the time of the rejection, they must leave the country within thirty (30) calendar days following notification of the decision.

A new visa application may be submitted six (6) months after the rejection. Such application must be processed from the applicant’s country of nationality or lawful permanent residence.

The Ministry of Foreign Affairs identifies as grounds for rejection violations of immigration regulations, including irregular entry into Colombian territory by evading immigration controls, overstaying, and other immigration or criminal violations.

Resolution 5477 of 2022 expressly establishes that administrative appeals are not admissible against visa decisions, in consideration of the discretionary power of the Colombian State to authorize the entry and stay of foreign nationals.

Nevertheless, Colombian case law has clarified that discretionary authority does not equate to arbitrariness. In exceptional cases involving manifestly arbitrary decisions or serious violations of due process, judicial remedies may be available. Such measures are extraordinary and depend entirely on the specific circumstances of each case.

Key Differences Between Withdrawal, Inadmissibility, and Rejection

The following table summarizes the key practical differences between withdrawal, inadmissibility, and rejection, including their causes, legal effects, and recommended actions.

	WITHDRAWAL	INADMISSIBILITY	REJECTION
CAUSE	Applicant’s failure to comply with procedural deadlines established by the Ministry of Foreign Affairs	Formal or documentary deficiencies identified by the Ministry of Foreign Affairs	Substantive decision by the Ministry of Foreign Affairs after full review of the application
LEGAL EFFECT	The procedure is closed without a substantive review; a new application may be submitted	The procedure is closed without reaching a full merits analysis; a new application may be submitted once the issues are corrected	The procedure is formally concluded; no administrative appeals are admissible
NEW APPLICATION	May be submitted immediately after withdrawal	May be submitted immediately after inadmissibility, correcting the identified issues	May be submitted six (6) months after the rejection
KEY RECOMMENDATION	Revisar y estar pendiente de los plazos establecidos por Cancillería	Review and correct the documentation and formal requirements before reapplying	Comply with immigration regulations and reassess the case before submitting a new application

How to Avoid Withdrawal, Inadmissibility, or Rejection

Facing a withdrawal, inadmissibility, or rejection can be complex. However, there are practical strategies that may significantly reduce these risks when preparing and managing a visa application.

Preliminary Documentary Preparation

A thorough review of all documents to be submitted with the application is essential to reduce the risk of inadmissibility or rejection. This includes verifying that each document meets the formal requirements and that the information is consistent across the entire file.

It is equally important to carefully review and respond to any requests issued by the Ministry of Foreign Affairs within the established timeframes. Timely and complete responses are key to avoiding a withdrawal due to procedural inaction.

Compliance with Immigration Regulations and Procedural Deadlines

Non-compliance with immigration regulations—such as irregular stay or other administrative violations—may lead to inadmissibility or rejection. Applicants should therefore ensure that their immigration status in Colombia remains regular throughout the process.

In addition, strict compliance with procedural deadlines established by the Ministry of Foreign Affairs is critical, including deadlines for fee payments and responses to documentary requests. Failure to meet these deadlines may result in unnecessary delays or the closure of the application.

Comprehensive Legal Advice

Although visa applications do not require representation by an attorney, guidance from an immigration law professional can be a decisive factor in the outcome of the process. An experienced attorney can help structure a coherent and well-supported application, anticipate potential issues, and reduce procedural risks.

Moreover, professional legal advice helps applicants remain aware of applicable immigration obligations and deadlines, preventing non-compliance due to lack of information and providing greater legal certainty throughout the process.

Final Thoughts

Withdrawal, inadmissibility, and rejection are inherent risks in immigration procedures. Proper understanding and management of these outcomes are essential to navigating the visa process effectively and improving the likelihood of a favorable decision.

Has your visa application been declared inadmissible or rejected and you are unsure how to proceed?

At JG Lawyers, we review your case and provide guidance on the appropriate timing and strategy for submitting a new application.

Request a case review with JG Lawyers

FAQ About withdrawal, inadmissibility or rejection

Are There Any Penalties for Withdrawal, Inadmissibility, or Rejection?

No. Withdrawal, inadmissibility, and rejection do not, by themselves, result in immigration or administrative penalties. However, applicants must continue to comply with immigration regulations governing lawful entry and stay in Colombia. Violations of these rules—such as irregular stay—may lead to sanctions and negatively affect current or future visa applications.

 

Does the Ministry of Foreign Affairs Consider Withdrawal, Inadmissibility, or Rejection When Submitting a New Application?

It depends on the type of outcome. In cases of withdrawal, the application is simply closed due to procedural inaction and does not involve a substantive assessment. As a result, it generally does not affect future applications.

By contrast, both inadmissibility and rejection are recorded in the Ministry of Foreign Affairs’ systems. This allows the authority to review the applicant’s immigration history when assessing a new application.

For this reason, when a visa has been declared inadmissible or rejected, it is essential to analyze the underlying causes and adjust the documentation and narrative of the case before reapplying.

Can I Request a Refund If My Visa Application Was Inadmissible or Rejected?

No. Consular fees are non-refundable, as they cover the administrative review of the application rather than its outcome. For this reason, proper legal preparation before the submission can help avoid unnecessary financial loss resulting from preventable procedural issues.