Colombia Civil Union

Marriage-Visa-Package

The Colombian Civil Union Visa (Visa de Unión Marital de Hecho) is a Migrant (M) visa valid from 1 to 3 years. Applicants must show a certificate of civil union with at least 1 on certificate, a valid passport, a civil union certificate, and proof of a genuine relationship. There is no time limit in the country each year.

The Colombia marriage visa is a migrant visa. It is intended for foreigners who are married to a Colombian man or a woman or those who already have a Colombian spouse or permanent partner. The Colombia marriage visa used to be quite easy to get. But now requires a lot more documents from the applicant.

Historically, the Colombia common law marriage or permanent partnership visa was designated as the M or migrant visa. This visa was valid for three years. After three years you would become eligible for a resident (R) visa. However, Colombia changed its Colombian common law marriage visa rules.

As of October 22, 2022, the new resolution 5477 will apply to common law or domestic partnership visa applications. Under this resolution, the domestic partnership visa is only valid for 1 year period. Therefore, you need to renew this visa every year for an additional 4 years. After having this visa for an uninterrupted period of 5 years, you are eligible for resident visa. The marriage visa allows you to stay, work, and study in Colombia.

Even though common law marriage visa allows multiple entries into Colombia, you cannot stay out of Colombia with this visa for more than 180 days in a year. If you stay out of Colombia for more than 180 days in a year, then your visa loses its validity like any other migrant visa.

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Colombian Child Custody
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Colombian Prenuptial
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How to Get Married in Colombia
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What Are Colombia Marriage Laws?

Getting married to a Colombian in Colombia may be thrilling and exciting to you but you must know a few things about marriage laws before you tie the knot. Here are a few things you must know before getting married in Colombia

Civil Union or Partnership:

Colombia allows civil unions or civil partnership. A civil partnership is considered to be common law marriage. In Colombia a civil partnership is known as a union libre or union martial de hecho. If you have lived with your partner for two consecutive years, then this constitutes a legal martial union in Colombia.

A written declaration in front of a notary documenting a civil union is required for marriage visa purposes. In Colombia, this declaration is called as declaracion union marital de hecho. It must be documented in a public escritura and this document can be used to get a marriage visa.

Consider the civil union as an alternative to the full marriage as it does not require you to obtain the certificates. This process must be handled by an attorney through the court system, otherwise a notary will always ask for a birth certificate. So we always recommend or clients avoid having to obtain a birth certificate from your home country to save a money and time.

Personal Appearance:

Sometimes this visa requires a personal appearance for the first time by both applicants if done in the country.

Correct legalization of documents:

Many people arrive in Colombia without correct legalization of required documents and for this reason it is extremely important to start the process with an experienced visa agency before you send or bring documents to Colombia. Common errors are expired documents, incorrect stamps, missing stamps, poorly worded certifications, and invalid documents.

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Same Sex Civil Unions:

Colombia allows same sex civil unions or partnerships. So, partners in same sex relationship have the right to apply and obtain marriage visas in Colombia.

Community Property Country:

It is very important to know that Colombia is a community property country. Therefore, any assets acquired post marriage are divided on 50/50 basis in Colombia. This equal division applies to both marriages and civil partnerships. In Colombia, anyone who has been living with his or her partner for over two years essentially has almost the same rights as a spouse. Any assets acquired before marriage are not up for debate when dissolving the marriage or civil union.

Inventory of Assets:

If someone getting married has minors in Colombia then you will need an attorney to create a list of assets belonging to the parent with minors in Colombia. This must be done and approved by a judge before you marry. This process can take one month if not done correctly.

Prenuptial Agreements:

Colombia allows spouses to get prenuptial agreements before getting married. This is commonly known as which are known as capitulaciones matrimoniales.  You will need services of an experienced lawyer in Colombia who can craft a prenuptial agreement for you. Such an agreement must include asset dissolution clauses that can protect claims on future assets.

Symbolic Ceremony:

Symbolic Ceremonies are good for those who will not use a minister, father or other religious figure. You can have the symbolic ceremony even if all of the foreign papers are not

If the notary cannot come to the ceremony so a professional presenter can fill in.

What Documents Are Required For Colombia Common Law Marriage Visa?

The following documents are required for common law marriage visa.

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Authentic copy of public deed:

An authentic copy of the public deed, court order or conciliation act; or certificate of validity when applicable, issued no more than (3) three months in advance, where the existence of the de facto marital union is declared. The date of formalization of the document that supports the de facto union must be greater than one (1) year at the time of the visa application.

When the application for a visa as a permanent partner of a Colombian national is submitted to a Consular Office of the Republic, the valid document that proves the de facto marital union will be accepted in accordance with the laws of the place where its existence was declared with compliance with the formalities provided for foreign documents.

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Signed Letter by Colombian Partner:

A letter signed by the Colombian permanent partner, in which he/she requests the visa for his/her partner; state that they maintain unique, constant, persevering and stable coexistence; and undertakes to inform the Visa and Immigration Authority of any change in the circumstances of the coexistence.

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Copy of Colombian Cedula:

A simple photocopy of the Colombian citizenship card must be attached to the letter, along with the contact address, email and contact telephone number of the Colombian couple. The Visa and Immigration Authority may require additional evidence that demonstrates the effective existence of the link or summon a face-to-face, virtual or telephone interview, when it deems it necessary.

Special power granted to the foreigner to apply for said visa with diligence of content recognition and signature before a Colombian notary or consult. 

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Proof of Legal Entry:

A photocopy of the page of your passport showing last stamp of entry or departure of Colombia.

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Photocopy of Previously Issued Visa:

If you’ve had a previous Colombian visa such as a student or retirement visa, then a photocopy of this visa.

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Certificate of Migratory Movements:

A certificate of migratory movements of the foreigner and of his/her Colombian permanent partner issued by the Special Administrative Unit of Colombia Migration.

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Passport Photocopy:

A photocopy of the first page of your valid passport showing your biographical data. The photocopy can be either in color or black and white.

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Passport photo:

Passport style face photo with a white background, sized at 3 cm width X 4 cm height, maximum size of 300 kb jpg file for online application.

If you do not speak Spanish fluently, then an official interpreter is required. Please be aware that official interpreters charge about $30 to appear. The cost of a marriage at a notary 17 is about 140,000 pesos. 

All documents must have an apostille or legalization stamp from the state or province you live in. If you are legalizing documents then you must send your documents to the local Colombian consulate before coming to Colombia.  All documents must be translated to Spanish by an official Spanish translator.

What is a De facto Marital Union (UMH)?

The UMH is a legal figure that recognizes the stable and permanent union of two people, regardless of their sex, who live together as a couple without being married. It is configured after two years of uninterrupted coexistence, or less if there are children in common. 

What is the UMH for?

The UMH allows couples to access a wide range of rights and obligations as married couples, including:

Equity rights:

Inheritance: Permanent partners have the right to inherit from each other, on equal terms with spouses.
Alimony: In the event of separation or dissolution of the UMH, one of the colleagues may have the right to receive alimony from the other.

Right to family housing: The permanent partner has the right to live in the family home, even if he is not the owner of the property right.

Liquidation of the property company: Like married couples, permanent partners can liquidate the property company that they have formed during their cohabitation.

Dissolution of the UMH:

The UMH can be dissolved for the following reasons:

 Death of one of the companions.

Mutual agreement: Through public deed or conciliation document, similar to the dissolution of marriage by divorce.

De facto separation: When one of the partners leaves the home without just cause and without intention of returning. De facto separation must be demonstrated for a certain period.

Benefits of UMH:

Legal protection: Provides stability and legal security for the couple, similar to what married couples have.
Access to rights: Allows permanent partners to enjoy the same rights as married couples in a wide variety of areas.

Ease of procedure: It does not require a ceremony or religious procedures, unlike marriage.

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Social rights:

Health: Permanent partners have the right to be included in each other’s health plan.

Social security: Permanent partners have the right to receive each other’s social benefits, such as old-age or disability pensions.

Education: Children of couples at UMH have the right to access education on equal terms with children of married couples.

Recreation: Permanent partners have the right to enjoy recreational and cultural activities on equal terms with married couples.

Labor rights:

Bereavement leave: Permanent partners are entitled to bereavement leave in the event of the death of the other.

Paternity/maternity leave: Permanent partners have the right to paternity or maternity leave in the event of the birth or adoption of a child.

Cons of UMH:

Default property regime: If a property regime is not established at the beginning of the UMH, the de facto property company regime is applied, which can generate inconveniences in the distribution of assets in the event of dissolution.

Evidence difficulty: In some cases, it may be difficult to prove the existence of the UMH, especially if there are no children in common or if the cohabitation has not been public.

Social stigmatization: Some people still do not recognize the UMH as a valid form of family, which can generate discrimination or difficulties in accessing certain services.

 Examples of cases in which the UMH can be useful:

Same-sex couples who cannot marry in Colombia.

Heterosexual couples who do not wish to marry for religious or personal reasons.

Couples who live together but cannot marry due to legal impediments.

Colombian Family Law

Other Related Services We Offer:

 Colombian Marriage

Prenuptial Agreements

Child Custody in Colombia

Summary
Family Law
Service Type
Family Law
Provider Name
Colombia Legal & Associates SAS, Telephone No.+57-604-444-6634
Area
Colombia
Description
The Colombian Civil Union Visa (TP-10) is designed for foreigners in a de facto marital union with a Colombian citizen, allowing them to reside in Colombia for up to 3 years. Key requirements include a valid passport, civil union certificate, Colombian partner's ID, letter of request, and proof of economic solvency.
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