COLOMBIA – New Reporting Obligations for Sponsoring Companies via the SIRE Online System
Migration Colombia has changed its interpretation of the reporting obligations for sponsoring companies via the SIRE online system in cases where there is a change of visa category for the foreign national employee.
Background
Sponsoring companies in Colombia are required to be registered with Migration Colombia via their online system (SIRE) when engaging or hiring foreign personnel and must notify them of the start and end date of the applicant’s activities within 15 calendar days of the event. The Colombian immigration rules do not explicitly indicate what should happen in the case of a change of the applicant’s visa category, when there is no change in the contractual relationship with the sponsoring company. Previously, Migration Colombia interpreted the rule to mean that it was not necessary to submit a new notification via SIRE in such cases.
What has changed?
In recent cases, Migration Colombia has changed its interpretation of the immigration regulation. When there is a change in the type of visa, a new registration must be made by the foreign national, even if the contractual relationship between the foreign national and the company remains the same. For any change of visa type or immigration status for a foreign employee, e.g. from Migrant visa-holder to Resident visa-holder, the company must submit a disengagement notification for the initial document and immediately make a new engagement notification for the new immigration document. The change also applies in the case of Venezuelans holding a PEP and change their status to a visa.
Action Items
Employers should take note of the new notification requirements for the SIRE online system. Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.
