Originally from:
Doing Business in Colombia - 2nd Edition - Hardcover
Doing Business in Colombia - 2nd Edition - Electronic
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Chapter 12
Immigration Regime
The Immigration Regime is a set of norms and regulations covering
entrance and departure of foreign nationals to and from the country. Most
relevant norms in this matter are incorporated in Decree 2622 and
Resolution 4700 of 2009, as well as in the International Convention for
Protection of Rights of Immigrant Workers and their Families, executed in
New York on December 18, 1990, and incorporated to the Colombian legal
system through Law 146 of 1994.
I. BASIC ASPECTS OF NATIONALITY
The provisions of Article 96 of the Political Constitution define
Colombian Nationals as follows:
An individual is a Colombian national:
1. By birth:
a) Natives of Colombia under one of two conditions: either their father
or their mother was a Colombian native or national or, if they are
the children of foreigners, one of their parents was domiciled in the
territory of the Republic at the time of their birth;
b) Children of a Colombian national father or mother, born abroad and
later domiciled in the Republic;
2. By adoption:
a) Foreign nationals who apply for and receive naturalization card in
accordance with the law, which shall set forth the conditions in
which Colombian nationality by adoption is forfeited;
b) Latin American and Caribbean nationals by birth who are domiciled
in Colombia and who, pursuant to the law and the principle of
reciprocity, request to be registered as Colombians in the
municipality where they settle;
c) Members of native populations who share border territories, as
governed by the principle of reciprocity in accordance with State
treaties.
About the Firm:
Cavelier Abogados, a Colombian law firm established in 1953 that combines experience and innovation and stands out as a leading advisor in Latin America in several fields of the law. Using the most modern legal infrastructure and technology, the firm offers clients a strategic partnership for business development with legal services in Colombia and overseas countries. The strength of Cavelier Abogados lies in its Intellectual Property Law and Business Law areas, but the firm is also strong in Corporate Law, Financial Law, Foreign Investment Law, Tax Law and Mining and Hydrocarbons Law. Besides occupying prominent places in the top rankings of law publishers, the firm employs several university professors and authors of books on the practice areas of the firm. Cavelier Abogados also has a network of 469 correspondents in 143 countries. It was also one of the first Colombian law firms to have its own Code of Ethics, which contains higher standards of conduct compared to local legislation. The firm uses a multidisciplinary approach to find creative, prudent and value generating business solutions that optimize clients' return on investment while minimizing risks.
About the Contributors:
Natalia Tobón-Franco is a Lawyer from Universidad de los Andes
(Bogota, Colombia) with an L.L.M. in Intellectual Property Law from
Franklin Pierce Law Center (New Hampshire, U.S.A.); a Professor and
Author of several books and articles on Copyright Law, Freedom of Speech
and Entertainment Law; and an Associate Attorney at Cavelier Abogados.
Eduardo Varela-Pezzano is a Lawyer and Specialist in Intellectual
Property Law from Universidad del Rosario (Bogota, Colombia); an
Intellectual Property Law Professor at Universidad del Rosario; an Author
of several books and articles on Freedom of Speech, Patent, Trademark,
Copyright and Entertainment Law; and an Associate Attorney at Cavelier
Abogados.
