What is a Colombian Marriage Visa?
What is the Colombian Marriage visa?
The Colombian Marriage Visa is a Migrant Visa (M-1). 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 is quite easy to get. It allows living, working, and studying in Colombia. After two years, holders can apply for a resident visa.
Designed for foreign spouses of Colombian citizens. Valid for up to 3 years. Requires: valid passport, certified marriage certificate, proof of relationship, Colombian spouse’s nationality, and financial stability. Marriage is a legally recognized union with mutual rights and responsibilities. Visa holders must stay in Colombia for at least 180 days per year.
Previously known as the TP-10 visa, the Colombia marriage or permanent partnership visa was valid for three years. After that, you could apply for a resident (R) visa. However, in December 2017, the Colombian government changed the visa’s name to Migrant (M) visa of category one or M-1 visa. The M-1 visa has the same validity period as the TP-10 visa, that is, three years. However, with the new M-1 marriage visa, you can apply for an R visa after only three years. This visa allows you to work, study, and stay in Colombia, just like the previous TP-10 visa.
It’s important to remember that if you have a TP-10 marriage visa, it won’t automatically change to an M-1 marriage visa. You’ll need to wait three years to be eligible for a resident visa. While the M-1 visa allows for multiple entries into Colombia, you must not stay out of the country for more than six consecutive months. If you do, your visa will lose its validity, just like any other migrant visa.
30-day Application Limit: Each visa application “STUDY FEE” is 54.92 USD, valid for only 30 days. Unfortunately, this time frame was put in place over 10 years ago, and most applications do not finish in this period. So, there is a high probability that additional application fees will be charged as required by the government for applications. Most applicants will have to pay at least 2 application fees.
Who is this visa designed for?
Marriage Visa is designed for foreign nationals who are legally married to Colombian citizens. It provides an avenue for these individuals to reside and work in Colombia, ensuring they can live with their spouses and fully integrate into Colombian society. This visa recognizes the legitimacy of their marital relationship and offers a pathway to permanent residency, allowing foreign spouses to contribute to and participate in the social and economic life of Colombia.
If you are married to a Colombian man or woman or have a Colombian spouse or permanent partner, you may be eligible for the Colombian marriage visa, a type of migrant visa. Obtaining this visa is relatively straightforward, as only a few required documents need to be submitted.
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What Are Colombia Marriage Laws?
If you’re planning to get married to a Colombian in Colombia, it can be an exciting and thrilling experience. However, you must be aware of the country’s marriage laws before you tie the knot. Here are a few important things you should know before getting married in Colombia.
Civil Union or Partnership
In Colombia, couples have the option to enter into a civil union or partnership, which is also known as a common law marriage. This type of union is referred to as a “union libre” or “union martial de hecho”. If a couple has lived together for two consecutive years, then this constitutes a legal martial union in Colombia.
If you require a marriage visa, it is necessary to obtain a written declaration of the civil union in front of a notary. This declaration is called a “declaracion union marital de hecho” and must be documented in a public “escritura”. This document can then be used to obtain a marriage visa.
Choosing a civil union may be an alternative option to full marriage, as it does not require obtaining certain certificates. However, it is important to note that this process must be handled by an attorney through the court system, as a notary may require a birth certificate. Therefore, it is recommended to avoid obtaining a birth certificate from your home country, which can save you time and money.
Personal Appearance
In certain cases, it may be necessary for both applicants to appear in person for the first time if the visa application is being processed within the country. This may involve matters related to personal appearance.
Symbolic Ceremony
If you prefer not to involve a minister, father or any other religious figure in your ceremony, then a symbolic ceremony would be a great option for you. Even if you don’t have all the required foreign papers, you can still have a symbolic ceremony. In case the notary is not available to attend the ceremony, a professional presenter can step in to officiate the ceremony.
According to the latest visa resolution 5477, it is mandatory for all Migrant visa holders to spend at least 180 days in Colombia to maintain the validity of their visa. If you are absent from Colombia for more than 180 days, your visa may be revoked by Migracion Colombia officials upon your return. However, if you are granted entry with a stamp, you may be allowed to enter the country as a tourist after your visa is cancelled.
Same Sex Civil Unions
In Colombia, individuals in same-sex relationships are allowed to enter into civil unions or partnerships. As a result, they are entitled to apply for and receive marriage visas in Colombia.
Inventory of Assets
Before getting married in Colombia, it is important to note that if one of the parents involved has minors, it is necessary to have an attorney create an inventory of their assets. This list should be approved by a judge prior to the wedding. If not done properly, this process can take up to a month.
Prenuptial Agreements
Colombian couples can establish prenuptial agreements called “capitulaciones matrimoniales” before their wedding day. These agreements require the expertise of a seasoned lawyer who can create a document that includes clauses to dissolve assets and safeguard future claims. It’s important to consult with a reliable lawyer in Colombia to ensure that you have a prenuptial agreement that meets your specific needs.
Correct legalization of documents
It is crucial to ensure that all necessary documents are properly legalized before arriving in Colombia. This is why seeking the assistance of a reputable visa agency is highly recommended. Failure to do so may result in various issues such as expired documents, incorrect or missing stamps, poorly worded certifications, and invalid documents, which can all cause unnecessary delays and complications.
Community Property Country
It is crucial to be aware that Colombia follows the community property system. This means that any assets obtained after marriage are divided equally between partners. This applies to both marriages and civil partnerships. In Colombia, individuals who have lived with their partner for more than two years have almost the same rights as a spouse. However, assets acquired prior to marriage or civil union are not subject to division when the union is dissolved.
Apostille Services for Colombian Marriage Visa
Planning for the apostille process is crucial when applying for a Colombian marriage visa. Documents originating outside Colombia, like the criminal background report, must be apostilled and translated. Each visa application has unique requirements, so it’s essential to understand the specifics. Here are the key documents needing apostilles for the Colombia marriage visa:
- Criminal Background Report: This must be apostilled to ensure its authenticity and legal acceptance in Colombia.
- Power of Attorney: Required for both the immigration agency and for legal actions between spouses.*
- Colombian Sex Laws Acknowledgment: A mandatory document that must be apostilled to confirm the foreign spouse’s understanding of Colombian sex laws.*
*These documents do not require apostille if they are signed in Colombia at a Colombian notary. Criminal background reports such as the FBI Criminal Background always require an apostille. For more details on how to apostille these required documents for the Colombia Marriage Visa.
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When exploring What is a Colombian Marriage visa?, these related articles might be worth reading: For child custody information, visit How to Get Colombian Child Custody. To renew passports, check out How Renew Passport in Colombia?. For birth certificate guidance, refer to How to Get a Colombian Birth Certificate. If you’re interested in adoption, visit How To Adopt A Child From Colombia. Lastly, learn about What is a Living Trust in Colombia?.
What Documents Are Required For Colombia Marriage Visa?
The following documents are required for M-1 marriage visa
Inventory of Assets
If you are a parent living in Colombia and need to take stock of your assets, it’s important to approach the process with care. This can be a time-consuming task that may take up to a month if not done correctly. However, our office can assist you with expediting this process so that you can get it done more efficiently.
Passport Photocopy
It is necessary to provide a copy of the first page of your current passport which displays your biographical details. You may provide a photocopy of either the color or black and white version.
Photocopy of Previously Issued Visa
If you have been issued a visa for Colombia before, such as a student or retirement visa, you will need to provide a photocopy of this visa.
Proof of Legal Entry
It is important to provide a copy of the page in your passport that shows the last entry or departure stamp from Colombia as proof of legal entry.
Migration Certificate
You may obtain a Migration Certificate from Migracion Colombia, which will provide a record of your entries and exits from Colombia within the past 5 years.
Letter from Spouse
To apply for the visa, you’ll need a notarized letter from your Colombian spouse or permanent partner, granting you legal power to do so.
Cedula Photocopy
Notarized copy of the cedula of the Colombian spouse or permanent partner.
Passport photo
For your passport application, you’ll need a clear photo of your face with a white background. The photo should be 3 cm wide and 4 cm high, and saved as a maximum 300 kb jpg file for online submission.
Marriage Certificate
To apply for a Colombia Marriage Visa , you will need to provide your marriage certificate or a notarized copy of it. The certificate must have been issued within 90 days prior to your Colombia visa application.
Health Insurance
It is mandatory to have health insurance that covers all possible risks, including the repatriation of the body to the home country in the event of death. The insurance can be either from Colombia or from another country.
Our Story
James Lindzey founded the website ColombiaVisas.com, which is constantly updated with new information explaining visa resolutions, procedures, and laws in Colombia to expats. James has worked as a private investigator and paralegal in the United States through the 90s until he moved to Colombia in 2005. James arrived in Colombia in 2005 and started doing visas for expats, but currently works as Director of Legal Services for Visas by James, and Colombia Legal & Associates SAS since June of 2023.
Colombia Legal & Associates acquired the brand name Visas by James as it became a more familiar and easy way for foreigners to remember the business, than the previous Visas y Tramites Internacionales.
While MedellinLawyer.com focuses more on legal issues for expats, ColombiaVisas.com focuses more on visas, and holds the trademark Visas by James. ColombiaVisas.com is the oldest website and provider of visa information for expats in Colombia. We are proud to be the first and always on the cutting edge of providing interactive website content to our visitors.
In addition to our visa services our agency offers a full range of legal and accounting services to our clients. We are able to assist better in document collection services in the United States because of James previous legal experience in the United States.
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