Getting a visa rejection is one of the most frustrating experiences, especially when you’ve done your best to provide all the necessary documents, double-checked the details, and followed the instructions as closely as possible, only to receive a “no” with little or no explanation. Recently, these kinds of rejections have become more common, leaving many applicants wondering: What exactly went wrong? Often, the answer involves something called “discretionary power”, a legal principle that isn’t always well understood but plays a major role in how visa decisions are made in Colombia.
What is Discretionary Power?
In Colombian immigration, discretionary power refers to the legal authority granted to the government, specifically the Ministry of Foreign Affairs (MRE), to approve or deny visa applications based on its own judgment and evaluation beyond the formal requirements. While the law establishes clear documentation and eligibility criteria, the MRE retains the right to go beyond merely checking boxes and can request additional information or impose conditions before deciding whether to grant a visa.
This power allows the government to protect national interests, public order, and security, giving immigration authorities flexibility to deny visas even when applicants meet all formal requirements. According to Article 19 of Resolution 5477 of 2022, visa approvals are discretionary, and decisions made under this authority are final; administrative appeals are not permitted. The MRE also keeps reasons for denials confidential in applicants’ files.
Relevant Articles from Resolution 5477 of 2022
Article 11. Discretionary Power to Grant or Refuse a Visa.:
Discretionary Power to Grant or Refuse a Visa. The Ministry of Foreign Affairs, through the Visa and Immigration Sub-directorate or the Consular Offices of the Republic of Colombia, has the discretionary power to grant, refuse, or terminate a visa, even when the applicant meets the requirements, without the need to provide further explanation.
Article 12. Reasons for Refusing a Visa.
A visa application will be denied, among other reasons, in the following cases:
12.1. When the applicant has a judicial or administrative record.
12.2. When the applicant presents documents that have been falsified, altered, or contain information that does not correspond to reality.
12.3. When the applicant has obtained or attempted to obtain a visa fraudulently.
12.4. When the applicant has been previously deported or expelled from Colombia and has not complied with the sanctions imposed.
12.5. When the applicant poses a risk to national security, public order, or public health.
12.6. When the applicant has previously entered the national territory without authorization from the competent authority.
12.7. When the applicant has an immigration alert or a restriction to enter or leave the country.
Article 19. Finality of Discretionary Decisions:.
Decisions made under discretionary power are final; administrative appeals are not permitted. The reasons for denial are confidential and recorded only in the applicant’s file.
Ministry of Foreign Affairs. (2022, July 28). Resolución 5477 de 2022.
Even if your application appears complete, with forms filled out correctly and all required documents included, the Ministry of Foreign Affairs still has the final say. The government determines what other documents they need to ask during the visa application, and also, who can enter and stay based on the current country’s policies and priorities.
Why Colombian Visa Applications Are Being Rejected?
One of the most frustrating challenges for applicants is being rejected even when they believe they have provided everything required. Recently, there has been a noticeable increase in visa refusals citing the exercise of discretionary power by the Ministry of Foreign Affairs (MRE). This legal authority allows the MRE to deny visas based on broader judgment beyond formal document checks. Rejection letters often vaguely mention the use of discretionary power, leaving applicants unsure about what exactly went wrong
Without clear feedback, it’s nearly impossible to know how to fix or improve applications for future attempts. Sometimes, subtle inconsistencies in the profile or documents may raise concerns that don’t show up clearly on the paperwork but influence the MRE’s decision.
Even when the right visa is selected, certain documents frequently play a central role in decisions under discretionary authority. Here are examples of key documents you should prepare carefully, along with why they matter:
FBI Background Check
The FBI background check is a staple document for most Colombian visa types, especially for U.S. citizens. While it is legally mandatory only for the Pensioner (Retirement) Visa, the Colombian government is increasingly requiring it for many other visa categories, including Visitor (V) and Migrant (M) visas, under its discretionary power.
Visa applicants often invest considerable effort obtaining their FBI background check, ensuring it is apostilled and officially translated to meet the standards set by the Ministry of Foreign Affairs. This document certifies whether an individual has any criminal records that could affect their eligibility.
However, even a spotless FBI background check does not guarantee visa approval. The MRE may still refuse a visa if it perceives other concerns related to national security, public order, or inconsistencies in the application, many of which the government is not obligated to disclose.
Because the criminal background check requirement has expanded beyond pensioners, it is highly advisable for all applicants, regardless of visa type, to obtain and submit this document proactively. Doing so reduces the risk of delays, additional document requests, or even refusals that result from missing or late submission of this certificate.
Applicants should start the FBI background check process early, as obtaining the certificate can take several weeks. Fingerprinting services are now available locally in cities like Medellín and Bogotá, making the process more accessible for applicants residing in Colombia.
In summary, while the legal mandate currently only requires pensioners to submit an FBI background check, the Ministry’s discretionary authority means this document may soon become a de facto requirement for most visa applicants. Early preparation is the best way to avoid unnecessary complications during the visa process.
FBI Background Check Service
- Filling out the FBI form
- Fingerprinting (Medellín and Bogotá)
- 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
Proof of Financial Solvency
Demonstrating funds to support yourself during your stay is critical. Applicants typically submit bank statements, income letters, or investment documents. But solid financial documents don’t always lead to a yes. The MRE may question the source, consistency, or credibility of your financials, especially under discretionary consideration.
It is extremely important to meet or exceed the minimum income requirements set for your specific visa category. These requirements are tied to multiples of the Colombian minimum monthly wage and reflect the government’s aim to ensure applicants can financially sustain themselves without burdening public resources. Failure to meet these thresholds is a common cause of visa denial or discretionary refusal.
| Visa Type | Minimum Income / Investment Requirement | Approximate USD Equivalent |
|---|---|---|
Digital Nomad Visa |
3 times minimum wage per month (approx. COP 12,811,500) |
USD 3,000+ / month |
Retirement (Pensioner) Visa |
3 times minimum wage per month (approx. COP 12,811,500) |
USD 3,000+ / month |
Rentista (Passive Income) Visa |
10 times minimum wage per month (approx. COP 42,705,000) |
USD 10,000+ / month |
Business Owner/Investor Visa |
Investment of at least 100 times minimum wage |
Approx. USD 33,000+ |
Real Estate Investor Visa |
Investment of at least 350 times minimum wage |
Approx. USD 115,000+ |
Work Visa
|
Average income of 100 times minimum wage per month (employer responsibility) |
Approx. USD 33,000+ / month |
Temporary Service Visa |
Average income of 100 times minimum wage per month |
Approx. USD 33,000+ / month |
Student Visa |
Proof of financial solvency equivalent to a threshold (varies) |
Typically similar to visitor |
Health Insurance Documentation
Providing valid and compliant health insurance is mandatory, and most applicants submit coverage letters checked for conformity with Colombian rules. Yet, health-related concerns can sometimes factor into denials, either cited vaguely or as part of broader discretionary judgments about your overall application profile.
Legal Basis for Health Insurance Requirement
Resolution 5477 of 2022 establishes that the validity of your health insurance policy must coincide with the maximum expected stay authorized by the visa. This means that your insurance coverage period should match the visa duration you are applying for, ensuring continuous medical protection during your time in Colombia. The Ministry of Foreign Affairs mandates this as a fundamental requirement to reduce unforeseen medical expenses that might fall on the state.
Visas That Require Health Insurance
Not all Colombian visas require mandatory travel health insurance, but it is essential for many, particularly those related to longer stays or more vulnerable profiles. Visas that typically require proof of comprehensive health insurance coverage include:
Letters and Invitations
For business, student, marriage, or other special visas, letters of invitation or employer support are standard. Even when these appear valid and properly formatted, they don’t guarantee acceptance. The MRE holds discretion to question their authenticity, intent, or relevance without providing detailed reasoning.
Recommendations for Letters and Invitations
Apostilles and Legalizations
All official foreign documents submitted for Colombian visa applications typically require apostilles or legalization to be considered valid. Applicants usually take great care to ensure these formalities are correctly completed to avoid rejection on technical grounds.
Article 20 of Resolution 5477 of 2022 establishes the following regarding document validity:
“Documents submitted as support for a visa application, other than valid and current passports or travel documents, must have been issued no more than three (3) months prior to the application being filed.”
The article continues:
“The presentation of illegible, altered, incomplete, ambiguous, or misleading documents may be grounds for inadmissibility or denial of the visa application.”
This means that critical documents such as police clearance certificates, bank statements, employment letters, and other proofs must be recent (within 3 months) to accurately reflect the applicant’s current situation. Failure to comply with this validity period or presenting documents that are unclear or suspicious can lead to visa denials.
Correctly Profile Yourself for the Appropriate Visa Type
Choosing the correct visa type and category is foundational to a successful application. Misaligning your profile with the intended visa purpose can quickly lead to discretionary denials. It’s important to understand the different visa categories and identify which one fits your situation best before applying.
It’s essential to understand the broad visa categories Colombia offers and which one fits your personal circumstances best before submitting your application. Colombia’s visa system mainly divides visas into Visitor (V), Migrant (M), and Resident (R) types, each designed for different purposes and lengths of stay. Selecting a visa that correctly corresponds to your reason for being in Colombia not only improves your chances of approval but also ensures compliance with immigration laws and easier legal status management while in the country.
If the Ministry of Foreign Affairs believes an applicant intends to settle in Colombia long-term but is applying for a Visitor (V) type visa, which is designed for short or temporary stays due to the lower complexity of these applications, this mismatch can be grounds for rejection. Visitor visas are not suited for permanent residence, so applicants whose profiles or supporting documents imply long-term settlement ambitions without matching visa category may trigger discretionary refusal.
In many visa refusals, the underlying issue isn’t always paperwork but a mismatch between the applicant’s profile and the visa category chosen. For instance, applying for a work visa without a job offer or trying to qualify for a retiree visa without meeting income requirements can trigger discretionary refusal because the state doubts your intentions or eligibility.
Correct profiling helps convey your genuine intentions clearly and avoids giving the MRE reasons to question your application. It’s about demonstrating a coherent and legally consistent story of why you want to be in Colombia, how you will support yourself, and your plans while in the country.
Get Clarity Before You Apply
Before you start gathering documents or filling out forms, take time to evaluate your situation honestly:
- What is your primary reason for coming to Colombia? (Work, study, invest, retire, family, etc.)
- What type of stay do you foresee? (Short visit, temporary stay, permanent residency)
- Do you meet the specific income, employment, or investment requirements for the visa type?
- Are your plans aligned with the visa’s permitted activities and limitations?
Ultimately, while meeting all formal requirements is necessary, it does not guarantee visa approval. The final decision rests with the MRE, whose discretionary power allows them to approve or deny applications based on broader criteria and judgment calls that aren’t always transparent or explainable to applicants. Understanding this reality is a vital step in crafting realistic expectations and preparing the strongest possible application.
What Visa Application Mistakes Should You Avoid?
While there’s no guaranteed path to bypass the MRE’s discretionary power, taking a proactive and strategic approach can seriously improve your odds and minimize visa inadmissibility or denial. Over the past months, we’ve seen many applicants, even those who’ve hired consultants or triple-checked lists, facing unexpected refusals. Here’s how to avoid the most common mistakes and strengthen your Colombian visa application:
Basic Paperwork Service
Our reliable partner, expatgroup.co, offers legal document review services to ensure that your paperwork complies with Colombian regulations after being unadmitted in first instance, through:
- Document analysis
- Detailed digital report outlining the review results and expert recommendations.
- Fast processing time with results delivered in approximately 3 business days.
Remember: Even the best-prepared application is not immune to Colombia’s discretionary process. However, taking these steps significantly reduces your chances of falling through the cracks and sets you on the path to a successful Colombian visa application.
Remember: Even the best-prepared application is not immune to Colombia’s discretionary process. However, taking these steps significantly reduces your chances of falling through the cracks and sets you on the path to a successful Colombian visa application.
Medellin Guru Visa Service
The visa agency we partnered with has helped 1.893 Medellin Guru reader
FAQs About How to Travel and Live in Colombia Safe as a Foreigner
A visa denial is a final, negative decision by the Ministry of Foreign Affairs (MRE), meaning your visa will not be processed any further. It often results from discretionary power and cannot be appealed. An inadmissibility or visa rejection usually refers to earlier-stage refusals based on formal errors, such as missing documents or incomplete applications. Inadmissibility decisions can often be corrected and resubmitted.
A visa refusal means that the MRE has officially decided not to grant your visa. This refusal could be a denial (final decision under discretionary power) or an inadmissibility (formal rejection due to errors). Each has different consequences and next steps.
If your application was rejected due to inadmissibility, you can usually fix the issues (like adding missing documents) and resubmit. However, if your visa was denied under discretionary power, the decision is final. In this case, it’s best to seek expert advice to prepare a thoroughly strengthened new application.
No. By Colombian law, decisions made under discretionary power are final and cannot be appealed or reversed.
The MRE isn’t required to share specific reasons. Common causes include perceived inconsistencies, insufficient ties to your home country, or concerns related to national security or public order. Sometimes, even if all paperwork is in order, subjective judgment plays a role.
A skilled visa lawyer can guide you to prepare a robust application from the outset. They can anticipate potential concerns, recommend additional supporting documents, and help frame your case clearly to minimize the risk of denial.
Medellin Guru Visa Service
The visa agency we partnered with has helped 1.893 Medellin Guru reader
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: Why Was My Visa Refused? A Review of Discretionary Power in Colombia
Navigating the Colombian visa process can definitely be tricky, and getting a visa refusal can feel like a major setback,with no clear explanation or next step. While you can’t control the Ministry of Foreign Affairs’ use of discretionary power to deny your application, what you can control is how well you prepare. By understanding the most common reasons visas get rejected and taking steps to strengthen your documents, you can seriously boost your chances of approval.
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