T
he Colombian government, under its discretionary power, is taking decisive action to effectively regulate the entry of foreigners, particularly those applying for a Colombian visa. This initiative aims to ensure the health and security of both local citizens and expatriates. In exercising its discretionary authority, the government is requiring additional documentation, such as police records or FBI background checks, to uphold these standards.
Therefore, the Criminal Background Check requirement has become an increasingly important factor in various visa applications. While initially mandatory for retirees and rentiers, it has now expanded to include investors, spouses, and other visa types. In this blog, we will discuss how this new development affects different nationalities, types of visas, and their legal basis.
Failing to provide this requirement in your application may result in your visa being denied or rejected.
What is a Criminal Background Check?
The Criminal Background Check (whether an FBI background check or a Criminal Records check) requires visa applicants to submit a report confirming they have no criminal record in the United States or their place of origin. This background check is essential for many visa applications and aims to ensure the security of individuals entering a country.
The FBI Background Check, a crucial component of the Colombian visa application process, is specifically required for individuals who have resided in the United States for a certain period. This background check is essential to ensure that applicants do not have a criminal history that would disqualify them from entering Colombia. The specific requirements and duration of stay that necessitate an FBI Background Check may vary, so it is crucial to consult our specialized blog dedicated to this topic for the most up-to-date information.
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Read MoreWhat is the Legal Basis of the CriminaI Background Check Requirement?
The legal foundation for the Criminal Background Check requirements is found in Resolution 5477 of 2022, more specifically in Article 26. This article allows authorities to request criminal background information for visa applicants, adding an extra layer of security to the process.
ARTICLE 26. CONSULTATION OF JUDICIAL OR CRIMINAL RECORDS. The Visa and Immigration Authority may verify the visa applicant's judicial record online in the Colombian National Police database and other databases to which it may have access or require the applicant to present a record from his country of nationality or residence.
This article has significant implications for visa applicants, as it empowers authorities to delve deeper into their backgrounds by requesting criminal background checks. This measure is intended to enhance security and mitigate potential risks associated with granting visas to individuals with criminal histories. Authorities implement this procedure to identify and prevent individuals who pose a threat to public safety or national security from entering the country. Don’t forget that failing to meet this requirement in your application may lead to a visa denial or rejection.
Who Needs a Criminal Background Check for a Colombian Visa?
Navigating the visa application process can be challenging. Initially, the Criminal Background Check was only required for a Retirement visa, Annuity visa, Work and Holiday visa, Mercosur visa, and Andina visa. However, as our expert partner, expatgroup, has noted, there has been an increase in this requirement, and it is now extending to other categories of visa applicants as well. We understand that this may add an extra layer of complexity to your application, and we want to make you aware of the situation as we see more visas being requested. Failing to provide this requirement in your application may result in your visa being denied or not being accepted.
Digital Nomad Visa:
This visa is available for remote workers with foreign employment contracts who wish to live and work from Colombia. Individuals seeking to obtain this visa are now required to submit a comprehensive background check. This newly added requirement aims to ensure that applicants have a clean criminal record and are not considered a security risk to the host country, as shown below:
Marriage Visa:
This visa is available for foreigners married to Colombian citizens or other foreigners holding a Colombian visa. This expansion of the requirements indicates a clear policy shift and underscores the commitment to enhanced security measures. It’s essential to keep this in mind when applying for this type of visa.
Domestic Partnership Visa:
This visa is for foreign nationals in a committed relationship with a Colombian citizen who are not legally married. Applicants typically need to provide a criminal background check from their home country or any other country they have lived in recently to ensure they do not have a criminal history.
Investment Visa:
This visa is available for individuals who own residential or commercial properties in Colombia. Currently, applicants are required to provide a Criminal Background Check to ensure that only suitable individuals come to invest and generate business in the country.
Colombia Business Visa:
Colombian business visas are for individuals engaging in commercial activities, such as attending meetings, negotiating contracts, exploring investments, or establishing a market presence. Applicants may need to provide a criminal background check to ensure they do not pose a threat to public safety in Colombia.
Colombia Beneficiary Visa:
The Beneficiary Visa in Colombia is for individuals with close family ties to a Colombian citizen or resident, such as spouses, parents, children, or siblings. This visa permits beneficiaries to live in Colombia and may allow them to work or study. A criminal background check from your home country and any other country where you’ve lived for a significant period may be required.
Which nationalities are most affected by Criminal Background Check?
The countries currently most impacted by the Criminal Background Check requirement for visa applicants are the United States, Canada, and the United Kingdom. Applicants from these countries face increased scrutiny, making the background check an additional hurdle in the visa application process. However, while these nations are the most frequently affected, the policy could expand to include applicants from other nationalities worldwide in the near future.
Therefore, visa applicants should be prepared for the potential expansion of this requirement. It may soon become mandatory for all visa categories, regardless of nationality. This proactive approach will ensure that applicants are well-prepared and informed, minimizing potential disruptions or delays in the visa application process. As an American citizen, it’s essential to understand that the criminal background check you may need is the FBI Background Check. You can effortlessly obtain this with the assistance of our trusted partner, expatgroup.co, ensuring a smooth and efficient process.
FBI Background Check Service
- Filling out the FBI form
- Fingerprinting (Medellín)
- International shipment to USA
- FBI criminal record certificate
- Authentication of the certificate through a public notary in the USA
- Apostille certificate
- Official translations into Spanish
Step-by-Step Guide: How to Get Your Criminal Background Check
If you are planning to apply for a visa in the near future, it is crucial to be aware of the new requirement mandating a Criminal Background check. Numerous countries have implemented this measure to enhance security and ensure the safety of their citizens. To navigate this process smoothly and avoid any delays in your visa application, here are some essential steps to take:
Check with Visa Authorities
Contact the embassy, consulate, Migración Colombia or trustwhorty visa agency to ask about the specific requirements for the Criminal Background Check. Request clear instructions on how to obtain and submit the check, and address any questions or concerns to ensure a smooth process
Begin the FBI Background Check Process Early
Criminal background checks can take a long time, so start the process as soon as you know you need one. This will give you enough time to get the results before your visa application deadline, helping you avoid last-minute stress. Planning ahead ensures a smoother application process
Gather Required Documents
To process your Criminal Background Check (especially for Americans who are providing the FBI Background Check), you need to provide specific documents, including fingerprints, personal information, and identification. Make sure you have all necessary documents ready to avoid delays and ensure a smooth application process.
It’s crucial to understand that failing to provide this requirement in your application could lead to the denial or rejection of your visa. Don’t take this lightly; it’s a key factor in your application process.
Tunja, “The Mother City”
To submit your application, follow the instructions provided by the FBI. You may need to visit an official location to have your fingerprints taken and pay any required fees associated with the background check. Be sure to keep a copy of your application and receipt for your records.
Fingerprinting Service
- Traditional fingerprinting with the ink and paper method (if you are in Bogotá, Cartagena, Barranquilla, Santa Marta or Cali)
- Digital fingerprinting with an FBI-certified scanner (The fingerprints are printed on letter-size paper in Medellín using the FD-258 Format Fingerprint Card, which includes an automatic fingerprint verification process to ensure accuracy.)
Check with Visa Authorities
Once the FBI or authority completes your background check, you will receive the results, which will be sent to you and which you must send to the authority that requested. It’s important to ensure that these results are included with your visa application to avoid any delays in the processing.
IMPORTANT: If the document is in a language other than Spanish, it must be translated and delivered with an apostille/legalization so that the application complies with the stated requirements, which is requested officially by Resolution 5477 in Article 21.
ARTICLE 21. FORMALITY IN DOCUMENTS FROM ABROAD. Except for the exceptions expressly contemplated in this resolution, any document created or issued abroad must have an apostille or legalization, depending on the authority issuing or certifying it, and an official translation into Spanish when it is not in this language.
Stay informed about visa regulations, as they can change frequently. Regularly check the embassy or consulate website of your intended destination. If you have questions, consult immigration lawyers or experts like our partner, expatgroup.co. Being proactive and well-informed is essential for a successful visa application and a smooth process.
Using a Visa Agency to Obtain a Colombian Visa
If you are in Colombia, you can use a visa agency to obtain a Colombia visa. A visa agency can handle the online application and ensure you have the required paperwork.
Medellin Guru has partnered with what we believe is the best visa agency in Medellín to offer Colombia visa services. Features of this service include:
- Online chat – get visa questions answered fast.
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- Office in El Poblado in Medellín.
- Competitive price compared to other visa services.
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Furthermore, the partner visa agency offers visa services anywhere in Colombia. So, if you are located in another city in Colombia, you can use this service.
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Getting a Colombian Cedula
After you have successfully received your Colombian Visa you normally have a maximum of 15 calendar days to register your visa with Migración Colombia to get a Cedula de Extranjeria (Colombian ID for foreigners). Or if you received your visa at a consulate, you will have 15 calendar days after you arrive in Colombia to register your visa.
Especially relevant, it is very important to register your Colombian Beneficiary visa within the allotted time frame. If not, you will be liable for a big fine of up to seven times the minimum monthly salary in Colombia. The minimum salary in Colombia is $1,300,000 COP per month in 2024. So, the fine is up to 9,100,000 COP pesos in 2024.
Due to being photographed and fingerprinted this must be done in-person at a Migración Colombia office.
To register your visa and apply for a cedula this must be done at one of the Migración Colombia offices. You can find Migración Colombia offices in major cities in Colombia.
- Barranquilla – Carrera 42 # 54-77, Barrio El Recreo
- Bogotá – Calle 100 #11B-27
- Cali – Avenida 3 norte # 50N-20
- Cartagena – Carrera 20 B # 29-18, Barrio pie de la Popa
- Medellín – Calle 19 #80A-40, Barrio Belén (the entrance is on the other side of the building on Calle 19A)
A complete list of the Migración Colombia offices is found here. In addition, we have a guide to applying for a Cedula Extranjeria in Colombia.
Dual Citizenship
After having an migrant (M) retirement visa for five years you are eligible to receive a resident (R) visa. And after having an R visa for five years you can apply to become a citizen of Colombia.
Also, you won’t have to give up your existing citizenship. Colombia permits dual-citizenship, as does the U.S. and many other countries.
Once you become a dual citizen with Colombian citizenship, you will no longer need to deal with visas anymore. Also, you will be able to travel to a few counties as a Colombian citizen without a visa such as Russia, which require a visa for U.S. citizens.
Also, if you have Colombian citizenship, this benefits you with the Mercosur trade block. Nationals of Member States (Argentina, Brazil, Paraguay and Uruguay) and Associated States (Bolivia, Chile, Colombia, Ecuador and Peru) do not need a passport or visa to travel around the region, with only a national identity card required.
In addition, the Mercosur Agreement grants the right to residence and work for citizens with no requirement other than nationality. Citizens of the Member States and Associated States that are part of the agreement enjoy a facilitated procedure for applying for a residence visa, as long as they have a valid passport, birth certificate and a negative certificate of criminal record.
To become a citizen, Colombia requires a citizenship test, just like the U.S. does. You will be required to pass a test related to Colombian history, geography and the constitution. Also, a basic Spanish oral test is required. Those who have a bachelor’s degree from a Colombian university or are over 65 years old are exempt from these tests.
Medellin Guru's comprehensive visa and passport series
The Colombian visa changes that went into effect in October 2022 were significant. So, on the Medellin Guru site, we have a comprehensive series of visa articles that are kept up-to-date and should answer most visa questions. These articles include:
- Colombia Visa Guide: Ultimate Guide How to Get a Colombian Visa
- How to Obtain a Colombian Visa with Up-to-Date Info – an overview of all the Colombian visas
- Popular Colombian Visas for Foreigners: Which Visa is the Most Popular?
- Coronavirus Impacts on Colombian Visas and Tourist Visas
- Visa Agencies: A Guide to Visa Agencies in Medellín and Colombia
- 9Common Colombian Visa Mistakes: How to Avoid Them
We have looked in detail at the nine most popular Colombian visas used by foreigners:
- Digital Nomad Visa
- Retirement visa
- Marriage visa
- Investment visa
- Business Visa
- Resident visa
- Work visa
- Student visa
- Visitor visa
Also, we have looked in detail at three additional Colombian visas, which are less popular for foreigners:
- Rentista visa (annuity visa) – for foreigners with a fixed income
- Beneficiary visa – for relatives of visa holders
- Expertise visa – for professionals
In addition, we have a guide to Colombia tourist visas and how to extend a tourist visa. Also, we have a guide to renewing U.S. passports in Colombia and a guide to obtaining a Colombian passport.
Furthermore, we provide information about travel insurance that meets the insurance requirement for Colombian visas. And we have a guide to how apply for a cedula extranjeria in Colombia and a guide to using notaries in Medellín and Colombia. Finally, Medellin Guru has partnered with a visa agency to offer Colombia visa services.
All of our Colombia visa articles are up to date (2024) and constantly receive updates in 2025.
The Bottom Line: Criminal Background Check for Visa Applications
The Criminal Background Check is no longer limited to retirees and rentiers—it now affects a broader range of visa applicants. Whether you’re applying for an investor visa, spousal visa, or another type, being aware of this requirement is essential to ensure your application goes smoothly. On the contrary, failing to provide this requirement in your application may result in your visa being denied or rejected.
Need help with your visa application? Contact our trusted partners, expatgroup.co, for expert assistance with your background check and visa process.
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