Réponses aux demandes d'information

Research Directorate, Immigration and Refugee Board of Canada

1. Statistics

According to the Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela (R4V), which is "jointly led" by UNHCR and the International Organization for Migration (IOM) and is "made up by over 200 organizations," including NGOs (R4V n.d.), there are approximately 7 million Venezuelan refugees and migrants in the world [1], of which approximately 6 million reside in Latin America and the Caribbean (R4V 2022-12-12a). The same source cites figures from the Colombian government indicating that approximately 2.5 million Venezuelans resided in Colombia as of February 2022 (R4V 2022-12-12a).

2. Access for Venezuelans to Obtain Legal Residency Status in Colombia
2.1 Legislation
2.1.1 Temporary Protection Status for Venezuelan Migrants (Estatuto Temporal de Protección para Migrantes Venezolanos, ETPV)

Decree 216 of 2021 (Decreto 216 de 2021) provides the following:

[translation]

Article 1. Objective. The purpose of this decree is to establish the Temporary Protection Statute [Estatuto Temporal de Protección, ETP] for Venezuelan Migrants under the Temporary Protection System, which is composed of the Single Registry of Venezuelan Migrants and the Temporary Protection Permit.  

Article 2. Validity of the Statute. The Temporary Protection Statute for Venezuelan Migrants under the Temporary Protection System shall be valid for ten (10) years.  

Paragraph. The national Government may extend or terminate the effects of the Statute at any time, through the use of its discretionary powers in matters related to foreign relations.  

Article 3. Definition. The Temporary Protection Statute for Venezuelan Migrants under the Temporary Protection System is a legal mechanism for temporary protection benefiting those in the Venezuelan migrant population who meet the characteristics set forth in Article 4 of this Decree, whose goal is to register information of those in the migrant population in order to subsequently grant the benefit of temporary legalization to those who meet the requirements set forth in Article 12 of this Decree, notwithstanding the discretionary power vested in the National Government in matters relating to foreign affairs.  

Article 4. Scope of application. The Temporary Protection Statute for Venezuelan Migrants under the Temporary Protection System applies to Venezuelan migrants who wish to stay temporarily within the national territory, and who meet any of the following conditions:  

1. Those who are in Colombian territory lawfully as holders of a valid Entry and Stay Permit (Permiso de Ingreso y Permanencia, PIP), Temporary Stay Permit (Permiso Temporal de Permanencia, PTP), or Special Stay Permit (Permiso Especial de Permanencia, PEP), regardless of the stage of issuance, including the PEPFF [Special Stay Permit for the Promotion of Formalization (Permiso Especial de Permanancia para el Fomento de la Formalización)].  
2. Those who are in Colombian territory lawfully as holders of a SC-2 Safe conduct pass, and are in the application process for recognition of refugee status.  
3. Those who are in Colombian territory unlawfully as of January 31, 2021.  
4. Those who enter Colombian territory lawfully through the respective legally authorized Migratory Control Station, complying with the requirements established in immigration regulations, during the first two (2) years of the validity of this Statute.  

Paragraph 1. The national Government may extend or terminate the term referred to in paragraph 4 of this article, by virtue of the discretionary power it has in matters relating to foreign affairs.  

Paragraph 2. Venezuelan migrants who meet the conditions contained in paragraph 3 of this article must provide a summary, and suitable proof of, their stay within the national territory, under the terms and mechanisms established by the Special Administrative Immigration Unit of Colombia via any administrative act or deed.  

Paragraph 3. Children and adolescents who enter the Administrative Process for the Restoration of Rights (Proceso Administrativo de Restablecimiento de Derechos, PARD) or the Adolescent Criminal Responsibility System (Sistema de Responsabilidad Penal Adolescente, SRPA) shall be considered to meet the requirements under the current application framework referred to in this article throughout the entire validity of the Statute. 

PART II

REGISTRY FOR VENEZUELAN MIGRANTS

Article 5. Registry for Venezuelan Migrants. The Registry for Venezuelan Migrants shall be administered by the Special Administrative Immigration Unit of Colombia.  

...

Paragraph 2. The Registry for Venezuelan Migrants shall apply on a mandatory basis to all Venezuelan nationals who meet the conditions outlined in Article 4 of this Statute. 

...

Article 8. Requirements for being included in the Registry. In order to be included in the Registry, a Venezuelan migrant must meet the following requirements:  

1. They must meet any of the conditions set forth in Article 4 of this Statute.  
2. They must be within the national territory.  
3. They must present their identification document, whether valid or expired, which may be:  
   
   1. For adults: 
      
      1. Passport  
      2. Venezuelan Identity Card  
      3. Birth Certificate  
      4. Special Stay Permit  
   2. For minors:  
      
      1. Passport 
      2. Birth certificate  
      3. Venezuelan Identity Card  
      4. Special Stay Permit  
4. They must submit an express statement of their intent to remain temporarily in Colombia, in accordance with the terms established by administrative act through the Special Administrative Immigration Unit of Colombia.  
5. They must authorize the collection of their personal, demographic, and biometric information.  

...

PART III

TEMPORARY PROTECTION PERMIT

...

Article 11. Legal Nature of the Temporary Protection Permit (Permiso por Protección Temporal, PPT). This permit is a mechanism for migratory regularization as well as an identification document, which authorizes Venezuelan migrants to remain in the national territory under special conditions for migratory regularization, and provides the holder with access to any legal activity or occupation within the country during its validity, including those corresponding to an employment relationship or contract, notwithstanding their compliance with the requirements established in the Colombian legal system for the exercise of the regulated activities.  

Paragraph 1. The Temporary Protection Permit (PPT), as outlined in this Statute, shall allow the identified Venezuelan migrant to provide proof of their stay in Colombia for the purpose of meeting the time required to apply for a Type R Visa, under the terms and conditions established by the Ministry of Foreign Affairs, through an administrative act.  

Paragraph 2. Holders of a valid Special Stay Permit (PEP) on the day this Statute enters into effect may use this permit as proof of their stay in Colombia for the purpose of meeting the time required to apply for a Type R Visa, under the terms and conditions established by the Ministry of Foreign Affairs, through an administrative act.  

Paragraph 3. The Ministry of Foreign Affairs shall proceed with implementation of the provisions of paragraphs 1 and 2 of this article, by means of an administrative act, within a year following the entry into force of this Statute. 

Article 12. Requirements for granting of the Temporary Protection Permit (PPT). Any Venezuelan migrant who meets the following requirements may apply for the Temporary Protection Permit:  

1. They must be included in the Registry for Venezuelan Migrants.  
2. They must not have a criminal record, annotations, administrative sanctions, or judicial proceedings in progress in Colombia or abroad.  
3. They must not to have any ongoing administrative immigration investigations.  
4. They must not have any expulsion, deportation, or economic sanction(s) in force against them.  
5. They must have no convictions for intentional crimes.  
6. They must not have been recognized as a refugee or have obtained asylum in another country.  
7. They must not have a current application for international protection in another country, unless it has been denied.  

Paragraph 1. Children and adolescents who are in the Administrative Process for the Restoration of Rights or in the Adolescent Criminal Responsibility System are exempted from complying with the requirements set forth in paragraphs 2 and 5 of this article.  

Paragraph 2. Compliance with all the requirements established for the Temporary Protection Permit is not a guarantee that it will be granted to the applicant, which is at the discretion of the State of Colombia through the Special Administrative Immigration Unit of Colombia as an immigration authority for surveillance, immigration control, and foreigners’ affairs.  

...

Paragraph. The issuance of the Temporary Protection Permit outlined in this article is not equivalent to the recognition of refugee status nor does it imply the granting of asylum.  

Article 14. Validity of the Permit. The Temporary Protection Permit shall be valid until the date corresponding to the last day on which the present Statute is in force and shall not be extendable, unless the national Government decides to extend the permit at its own discretion.  

Paragraph 1. The issuance of any type of visa by the Ministry of Foreign Affairs to any Venezuelan migrant shall void the Temporary Protection Permit and lead to its automatic cancellation by the Special Administrative Immigration Unit of Colombia.  

Paragraph 2. Once the Temporary Protection Permit becomes void, it shall be destroyed in accordance with the procedures established by the Special Administrative Immigration Unit of Colombia for such purpose.  

Article 15. Cancellation. The immigration body may cancel the Temporary Protection Permit when one or more of the following events occur:  

1. If it is discovered that there is any record of violations of the Colombian legal system, whether they occurred before or after the granting of the permit, by virtue of subsequent reports made by national and international authorities.  
2. If it is discovered that any infractions of the immigration rules have been incurred after the permit has been granted.  
3. If it is discovered that the Special Administrative Immigration Unit of Colombia considers the presence of the foreign national in question within the national territory to be undesirable or to represent a risk to national security.  
4. If it is discovered that the holder of the Temporary Protection Permit is absent from the national territory for a period of more than one hundred and eighty (180) continuous calendar days.  
5. If, based on information from national or foreign authorities, the permanent stay of the foreign national in question is considered undesirable for national or citizen security.  
6. If any falsehoods or inconsistencies are discovered based upon which the beneficiary accessed a Temporary Protection Permit (PPT), notwithstanding the administrative and criminal actions that may be applicable.  

Paragraph. Cancellation of the Temporary Protection Permit shall be carried out by means of an administrative act against which no appeal may be filed, notwithstanding any applicable administrative or judicial actions.  

Article 16. Concurrence of permits. Any Venezuelan citizen who holds a Temporary Protection Permit may not hold any other type of permit granted by the Special Administrative Immigration Unit of Colombia or visa issued by the Ministry of Foreign Affairs.  

In the case that any individual holds concurrent permits, including the safe conduct permit (SC-2) granted to applicants for the recognition of refugee status, the immigration authority will automatically cancel any/all permit(s) except for the Temporary Protection Permit (PPT).  

In the case of a concurrent visa and Temporary Protection Permit, the latter will be automatically cancelled. (Colombia 2021, bold in original)

Sources note that Venezuelans who arrived in Colombia before 31 January 2021 can apply for a PPT (Trompetero Vicent 2022-09-17; Schmidt 2022-02-16; UN n.d.a), regardless of their immigration status (Schmidt 2022-02-16) or if their status is [translation] "irregular" (UN n.d.a). The same sources state that Venezuelans who arrived after 31 January 2021 can apply for a PPT "only" if they "stamped their passports when entering Colombia" (Trompetero Vicent 2022-09-17), or "only if they entered through official entry points" (Schmidt 2022-02-16) or [translation] "through an immigration checkpoint" (UN n.d.a). Sources indicate that Venezuelans who entered after 31 January 2021 have until May 2023 (Trompetero Vicent 2022-09-17) or November 2023 to begin the PPT application process (Schmidt 2022-02-16).

According to Migración Colombia, the government agency in charge of immigration, the Government of Colombia has [translation] "approved" approximately 1.7 million PPTs as of December 2022, of which approximately 1.65 million have been "printed" and 1.58 million "delivered" (Colombia 2022-12-21). R4V indicates that as of February 2022, the Government of Colombia has granted 2.2 million residence permits to Venezuelans [2] (2022-12-12b).

2.1.2 Resident Visa (Residente Permanente, R)

Resolution 5477 of 2022 (Resolución 5477 de 2022) provides the following:

[translation]

PART II.

TYPES OF VISAS, REQUIREMENTS, AND CHARACTERISTICS.

CHAPTER 1.

VISA TYPES, REQUIREMENTS, AND GENERAL CHARACTERISTICS.

ARTICLE 22. TYPES OF VISAS. There are three (3) types of visas: Visitor (V), Migrant (M), and Permanent Resident (R), with their corresponding categories:

...

ARTICLE 23. SCOPE OF VISA TYPES WITH RESPECT TO RESIDENCY. 

...

Migrant visas constitute proof of residency with the intention of permanence, provided that the foreign national in question has held one or more visas of this type for at least three (3) continuous years; and Permanent Resident (R) visas.

ARTICLE 24. GENERAL REQUIREMENTS. All visa applications must meet the following general requirements:

1. Applicant must fill out the electronic visa application form available on the entity’s website;
2. Applicant must provide a recent digital photograph, in colour and with a white background; the face must be facing the camera and have a neutral expression, the head must be complete and centred: both eyes must be open; no hair or accessories may cover the head or face; the image of the photo must be clear and of a high resolution, the size must not exceed 300 kb; the photograph cannot contain images other than the person’s own face, in accordance with the technical specifications outlined in the electronic visa application form;
3. Applicant must hold a passport, travel document, or Laissez Passer document that has been issued by an authority, International Organization, or State recognized by the Government of Colombia, with a minimum of six (6) months validity at the time of the visa application; this document must be in good condition, and must have extra pages to for visa stamps, in cases where it is required. Applicant shall provide a copy of the main page of their passport, travel document, or valid Laissez Passer document which contains the personal or biographical data of the holder;
4. Foreigners requesting a visa while in Colombian territory must provide a copy of the passport page with the most recent entry stamp or equivalent entry authorization issued by the Special Administrative Immigration Unit of Colombia, or a safe-conduct permit to prove their regular residency within the territory;
5. Citizens of nationalities exempted from short-stay visas by resolution, who apply for their visa in the territory of a State other than that of their nationality, must provide a copy of the document in accordance with the immigration regulations of the country in which they are staying, proving their regular residency. Citizens of nationalities not exempted from the short-stay visa requirement who apply for a visa in a country other than that of their nationality must provide a copy of the document proving their migratory status as a resident:

PARAGRAPH 1. Foreigners who hold several nationalities, other than Colombian, must inform the authorities of this upon their entry into the national territory, identifying themselves with only one nationality for their entry, stay, visa processing, and exit from the national territory. Visas obtained with one nationality are not transferable to the other held nationality.

...

PARAGRAPH 4. In the case of Venezuelan citizens who are included in Article 4 of Decree 216 of the 21st of March, 2021, “Whereby the Temporary Protection Statute for Venezuelan Migrants under the Temporary Protection System is adopted and other provisions on immigration matters are issued”, for the processing of the resident visa referred to in paragraphs 1 and 2 of Article 11 of said regulation, instead of a passport, the Temporary Protection Permit (PPT) issued by the Special Administrative Immigration Unit of Colombia may be accepted for visa processing. The processing of this visa may be carried out automatically through the interoperable institutional digital platforms.

...

ARTICLE 27. NUMBER OF ENTRIES. All visa types allow for multiple entries and transits.

ARTICLE 28. STUDY PERMIT. With the exception of the visa granted in the tourism category or for airport transit, any visa with a validity equal to or greater than ninety (90) calendar days will allow its holder to carry out studies during the authorized validity or residency.

...

CHAPTER 4.

REGARDING THE PERMANENT RESIDENT VISA (R).  

PART 1.

GENERAL INFORMATION AND REQUIREMENTS.  

ARTICLE 85. RECIPIENTS AND CONDITIONS. The Ministry of Foreign Affairs may grant a Permanent Resident (R) type visa to any foreign national who wishes to settle permanently within the national territory, subject to the specific conditions and requirements of Section 2 of this Chapter.

ARTICLE 86. The primary holder or beneficiary of a Permanent Resident (R) visa must request its extension every five (5) years. This procedure shall be carried out through the digital platform provided for this purpose through the official website of the Ministry of Foreign Affairs http://www.cancilleria.gov.co/tramites_servicios/visa.

...

ARTICLE 88. Termination of the validity of the type R visa due to absence from the territory.

The Permanent Resident (R) visa shall automatically lose its validity when the holder is absent from the national territory for two consecutive uninterrupted years.

...

ARTICLE 91. R Visa for Venezuelans under ETPV

Scope: For Venezuelan citizens under the Temporary Protection Statute for Venezuelan Migrants (ETPV).

Specific requirements:

1. Applicant must have held a valid Special Stay Permit for 5 years; or a document that proves that they have held a valid Temporary Protection Permit, PPT, for 5 years; or must have completed 5 years of accumulated time between the two previous ones;
2. Applicant must hold a valid Temporary Protection Permit.

Beneficiaries: This visa allows its principal holder to apply for a beneficiary visa.

PARAGRAPH 1. For reasons relating to administrative efficiency, the issuance of this visa may be carried out automatically through interoperable digital platforms between the Ministry of Foreign Affairs and the Special Administrative Immigration Unit of Colombia.

A valid Temporary Protection Permit may be used as a basic identification document.

PARAGRAPH 2. Recipients of this type of visa must submit their application as of the 1st of June, 2023.

...

ARTICLE 112. OTHER GROUNDS FOR TERMINATION. The validity of the visa shall also automatically terminate in the following cases:

...

4. The Permanent Resident (R) visa expires automatically without a decision from the Visa and Immigration Authority when the primary or beneficiary holder is absent from the national territory for more than two (2) continuous years. (Colombia 2022, bold in original)

2.1.3 Refugee Status

Decree 1067 of 2015 (Decreto 1067 de 2015) provides the following:

[translation]

PART 3.

REGARDING REFUGEE STATUS.

CHAPTER 1.

REFUGEES.

SECTION 1.

CONDITIONS THAT AN APPLICANT MUST MEET TO BE RECOGNIZED AS A REFUGEE.

ARTICLE 2.2.3.1.1.1. DEFINITION. For the purposes of this chapter, the term refugee shall apply to any person who meets the following conditions:

1. Any individual who, due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of their nationality and is unable or, owing to such fear, is unwilling to avail themselves of the protection of that country; or who, not having a nationality and being outside the country of their former usual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it;
2. Any individual who has been forced to leave their country because their life, safety, or freedom has been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights, or other circumstances that have seriously disturbed public order, or
3. Any individual for whom there are substantial grounds for believing that they would be in danger of being subjected to torture or other cruel, inhumane, or degrading treatment or punishment if expelled, returned, or extradited to the country of their nationality or, if they do not hold a nationality, to their country of usual residence.

...

SECTION 3.

APPLICATION FOR RECOGNITION OF REFUGEE STATUS.

ARTICLE 2.2.3.1.3.1. REGARDING STATEMENTS. All statements made during and throughout the refugee status process shall be made in accordance with the principle of good faith.

ARTICLE 2.2.3.1.3.2. PROCEDURES UPON ENTERING THE COUNTRY THROUGH OFFICIAL BORDER CROSSINGS. In the event that the individual in question is entering the country through the country’s national borders, ports, or airports, the request must be submitted to the immigration authorities, who must receive it in writing in accordance with the procedures established for that purpose in this decree, and forward it, via the available physical or electronic means, within a maximum of twenty-four (24) hours following the receipt of the request, to the Office of the Deputy Minister of Multilateral Affairs of the Ministry of Foreign Affairs. Failure to comply with the provisions herein shall result in the corresponding disciplinary actions.

Once the individual in question has submitted their refugee application and, provided that it is not subject to inadmissibility that prevents its successful processing, the Special Administrative Immigration Unit of Colombia shall issue a safe conduct permit for a stay of five (5) working days, during which time the applicant must ratify or extend their application, by any available physical or electronic means, before the Office of the Deputy Minister of Multilateral Affairs, in accordance with the requirements of Article 2.2.3.1.6.2 of this decree.

If, under the terms indicated above, the applicant does not ratify or extend the application, the Advisory Committee for the Determination of Refugee Status shall recommend their application be rejected, via administrative action, in the event of which it shall subsequently inform the Special Administrative Immigration Unit of Colombia on the business day following expiration of the safe conduct permit, so that it may take the corresponding immigration measures.

The safe conduct permit issued in accordance with the present article will grant the applicant regular stay within the national territory throughout the duration of its validity and shall be governed by the corresponding immigration regulations.

The safe conduct permit issued shall bear the wording “NOT VALID FOR LEAVING THE COUNTRY NOR FOR TRAVELLING TO BORDER ZONES OTHER THAN THE ONE THROUGH WHICH THEY HAVE ENTERED THE NATIONAL TERRITORY”, and as such this document is not equivalent to the issuance of a passport.

PARAGRAPH. The immigration authority cannot receive applications for the determination of refugee status from persons who are in transit at immigration checkpoints.

SECTION 4.

REGARDING THE ISSUANCE AND VALIDITY OF THE SAFE CONDUCT PERMIT TO REMAIN WITHIN THE NATIONAL TERRITORY.

ARTICLE 2.2.3.1.4.1. SAFE CONDUCT PERMIT RESIDENCY

...

TRANSITIONAL PARAGRAPH. As part of the processing of their application for the recognition of refugee status for Venezuelan nationals, the applicant shall include and update their information in the Registry for Venezuelan Migrants under the terms of the Temporary Protection Statute for Venezuelan Migrants under the Temporary Protection System.

The applicant for the recognition of refugee status for Venezuelan nationals may, without affecting their status as an applicant or their refugee request process, apply for the Temporary Protection Permit (PPT). Once the PPT has been authorized, and in accordance with article 16 of the Temporary Protection Statute for Venezuelan Migrants under the Temporary Protection System, the Venezuelan applicant will have the option to choose whether to continue with the refugee application process or to opt for the PPT. If they decide to voluntarily withdraw the application for the recognition of refugee status, they must expressly do so in writing to the Ministry of Foreign Affairs, which will issue the corresponding administrative action by virtue of their refugee application shall be archived due to voluntary withdrawal, so that their Temporary Protection Permit (PPT) may be issued.

If the Special Administrative Immigration Unit of Colombia does not authorize issuance of the Temporary Protection Permit (PPT), the applicant for the recognition of refugee status for Venezuelan nationals will continue with the process through the Ministry of Foreign Affairs as the holder of the SC2 safe conduct permit.

...

SECTION 6.

REGARDING THE PROCEDURE FOR THE RECOGNITION OF REFUGEE STATUS.

ARTICLE 2.2.3.1.6.1. PROCEDURE ONCE THE APPLICANT IS IN THE COUNTRY. In the event that the applicant submits their application for the recognition of refugee status while inside the country, they must submit it within a maximum period of two (2) months following their entry into the country, for its review by the Advisory Committee for the Determination of Refugee Status.

It is the responsibility of the Advisory Committee for the Determination of Refugee Status to review applications that are not submitted within the time limits established in this chapter, which must contain the duly documented factual grounds for the failure to submit them in a timely manner within the terms established for that purpose in the first paragraph of this article.

PARAGRAPH 1. Any foreign national who is inside the country, regardless of their immigration status, with the exception of those persons who are in transit, may at any time request recognition of refugee status, when verifiable circumstances have occurred after their departure from their country of origin or of usual residence that prevent them from returning to that country, in accordance with the provisions of Article 2.2.3.1.1.1 of this Decree.

...

ARTICLE 2.2.3.1.6.3. APPLICATION REJECTIONS. The Advisory Committee for the Determination of Refugee Status may recommend the application be rejected under the following circumstances:

1. When the applicant is found by the immigration authorities to be in the process of leaving the national territory.
2. When the applicant is in the process of a deportation or expulsion measure.
3. When the applicant intends to abuse their refugee status or to mislead any relevant government officials.
4. When the applicant does not present the reasons for the untimeliness of an application or when those reasons do not justify the untimeliness.
5. When the Advisory Committee for the Determination of Refugee Status verifies the repeated submission of two (2) or more applications by the applicant without identifying new facts or evidence to justify it.
6. When the reasons for requesting refugee status do not clearly correspond to any of the definitions established in article 2.2.3.1.1.1.1 of this decree.
7. Failure to ratify or extend the refugee application within the term of the five (5) days provided for in article 2.2.3.3.1.3.2 of this decree. Notwithstanding the aforementioned, the applicant may request, within thirty (30) days following the filing of their application, the removal of the file from the archives, provided that they demonstrate that the non-ratification or extension was due to unforeseeable circumstance(s) or force majeure.

PARAGRAPH. In all cases, the Advisory Committee for the Determination of Refugee Status shall decide on the rejection of applications. This decision will be signed by the Deputy Minister of Multilateral Affairs and communicated by the Technical Secretariat of the Committee to the applicant via the address or email provided by the applicant, and will result in the case being archived.

...

ARTICLE 2.2.3.1.6.6. WITHDRAWAL. At any time during the processing of the application for recognition of refugee status, the applicant may voluntarily withdraw the procedure in writing, in which case the file shall be officially archived by the Minister of Foreign Affairs.

PARGRAPH. Withdrawal shall prevent the applicant from filing another application for the recognition of refugee status in Colombia on the same grounds. (Colombia 2015, bold in original)

According to UNHCR, refugees have the [translation] "same rights" as other foreigners residing legally in Colombia, including access to paid employment, to education, and to social security (UN n.d.b).

2.1.4 Childhood First (Primero la Niñez)

Resolution 8470 of 2019 (Resolución 8470 de 2019) provides the following:

[translation]

CHAPTER I.

OBJECTIVE.  

ARTICLE 1. The purpose of this resolution is to adopt an administrative procedure of a temporary and exceptional nature, to be followed by public servants of the National Civil Registry and Notaries that will include an ex-officio note “Valid for proof of nationality” in the Civil Birth Registry, for children born in Colombia as of the 19th of August, 2015, who are at risk of statelessness, and children of Venezuelan parents who do not meet the requirements for residency.

CHAPTER II.

PROCEDURE TO INCLUDE THE NOTE “VALID FOR PROOF OF NATIONALITY” IN THE CIVIL BIRTH REGISTRY FOR CHILDREN BORN IN COLOMBIA AS OF THE 19TH OF AUGUST, 2015, WHO ARE CHILDREN OF VENEZUELAN PARENTS WHO HAVE ALREADY BEEN REGISTERED.

ARTICLE 2. Offices whose function is to retain records shall include the ex-officio note “Valid for proof of nationality” in the civil birth registry for children born in the territory of Colombia as of the 19th of August, 2015, who are children of Venezuelan parents who are already registered in the civil registry, as long as they comply with the requirements established in this resolution.

PARAGRAPH 1. The note must be included in the original civil birth record form, which is located at the office where the initial registration was made, and which must be signed by the authorizing registry official. Likewise, it must be included in the copy of the civil registration of birth at the central National Civil Registry Office, and must be signed by the Head of the National Registration Service of the National Civil Registry Office.

...

ARTICLE 4. It is required that both parents be of Venezuelan nationality or, where only one parent appears in the civil birth registry, that he or she be of Venezuelan nationality. This measure does not apply in the case where one of the parents has a nationality other than Venezuelan.

ARTICLE 5. The registry official will verify the Venezuelan nationality of the parents with one of the following documents:

1. A valid foreign national identity card;
2. A valid Special Stay Permit (PEP);
3. A passport issued by the Bolivarian Republic of Venezuela, whether valid or expired;
4. An identity card issued by the Bolivarian Republic of Venezuela, whether valid or expired.

...

CHAPTER III.

PROCEDURE TO INCLUDE THE NOTE “VALID FOR PROOF OF NATIONALITY” IN THE CIVIL BIRTH REGISTRY FOR CHILDREN BORN IN COLOMBIA AS OF THE 19TH OF AUGUST, 2015, WHO ARE CHILDREN OF VENEZUELAN PARENTS WHO HAVE NOT BEEN REGISTERED.  

ARTICLE 7. <Article amended by article 1 of Resolution 8617 of 2021. The new text is as follows:> Upon the entry into force of this exceptional measure, offices whose function is to retain records shall include the ex-officio note “Valid for proof of nationality” at the time of submitting the birth registration to the civil registry for children born in the territory of Colombia as of the 19th of August, 2015, who are children of Venezuelan parents who hold the Live Birth Certificate document of the Republic of Colombia; the “Indigenous Authorization” filled out by the indigenous authority of the relevant community; or an administrative act by the Family Ombudsman for the Colombian Institute of Family Welfare, as long as they meet the requirements established in this resolution.

PARAGRAPH 1: The ex-officio note “Valid for proof of nationality” shall be included in the civil birth records of children born since the 19th of August, 2015 and remain throughout the validity of this measure.

...

ARTICLE 8. It is required that both parents be of Venezuelan nationality or, where only one parent appear in the civil birth registry, that he or she be of Venezuelan nationality. This measure does not apply in the case that one of the parents has a nationality other than Venezuelan.

ARTICLE 9. <Article amended by article 2 of Resolution 8617 of 2021. The new text is as follows:> The registry official shall verify the Venezuelan nationality of the parents with one of the following documents:

1. A valid or expired foreign national identity card.
2. A Special Stay Permit - PEP - whether valid or expired.
3. A Temporary Protection Permit - PPT.
4. A passport issued by the Bolivarian Republic of Venezuela, whether valid or expired.
5. An identity card issued by the Bolivarian Republic of Venezuela, whether valid or expired.

PARGRAPH. The above documents will be used by the Venezuelan father and/or mother to identify themselves as the declarant at the time of registration of the child in the civil birth registry.

ARTICLE 14. <Article amended by article 3 of Resolution 8617 of 2021. The new text is as follows:> The provisions contained in Resolution No. 8470 of the 5th of August, 2019 shall continue in force as of midnight (00:00 a.m.) on the 21st of August, 2021, for a period of two (2) years, or earlier if the Ministry of Foreign Affairs of the Republic of Colombia communicates to the National Civil Registry that the particular circumstances that gave rise to the issuance of the aforementioned Resolution cease to exist.

PARGRAPH. In any case, at the end of the term detailed above, the provisions contained in Resolution 8470 of 2019 shall be automatically extended for a term of two (2) additional years, or less, if the Ministry of Foreign Affairs of the Republic of Colombia communicates to the National Civil Registry that the particular circumstances that gave rise to its issuance have ceased to exist. (Colombia 2019, bold in original)

2.2 Rights and Obligations of Residency
2.2.1 PPT

Decree 216 of 2021 provides the following:

[translation]

Article 20. Obligations of Venezuelan migrants. All Venezuelan migrants who meet any of the conditions set forth in Article 4 of this Statute shall have the following obligations:  

1. They shall include their information in the Registry for Venezuelan Migrants. Those who do not comply with this requirement within the term established by an administrative act by the Special Administrative Immigration Unit of Colombia will be subject to the respective administrative immigration sanctioning procedures, along with any subsequent consequences that may apply.  
2. Those who are included in the Registry for Venezuelan Migrants and are able to access the Temporary Protection Permit but who do not do so within the established term will be subject to the respective administrative immigration sanctioning procedures, along with any subsequent consequences that may apply.  
3. Prior to the termination of the Statute, any Venezuelan migrant who wishes to remain in the territory of Colombia must apply for, and obtain, a visa issued by the Ministry of Foreign Affairs under the requirements established by law.  
4. Any Venezuelan migrant who, upon termination of the validity of this Statute, does not return to their nation of origin, or who does not comply with the requirements established for remaining within the territory of Colombia, will be considered an illegal resident and will be subject to the respective administrative immigration sanctioning procedures. (Colombia 2021, bold in original)

Sources report that the PPT "will allow foreigners to prove their stay in Colombia for the purposes of the accumulation of the time required" to apply for a resident visa (Colombia [2021], 10), or that the ETPV "creates a pathway for recipients to transition to permanent residence (with time already spent in the country counting towards the five-year residency requirement)" (MPI 2021-02). Sources state that the ETPV also provides Venezuelans with access to employment, education (Atlantic Council 2022-05-13, 196; US 2022-04-12, 24) and healthcare in Colombia (US 2022-04-12, 24).

2.2.2 Resident Visa

Resolution 5477 of 2022 provides the following:

[translation]

ARTICLE 87. WORK PERMITS. Except in the case of pensioners, the type R visa grants an open work permit and allows its main holder to carry out any lawful activity inside the national territory, notwithstanding compliance with the rules established for the exercise of a profession or regulated activity.

...

PART V.

OBLIGATIONS FOR IMMIGRATION AND FOREIGN NATIONALS.  

ARTICLE 118. OBLIGATION TO APPLY FOR A FOREIGN NATIONAL IDENTITY CARD. In accordance with the provisions of Article 2.2.1.11.4.1 of the Sole Regulatory Decree 1067 of 2015, any foreign national who holds a visa whose authorized time of stay is longer than three months is required to apply for a foreign national identity card with the Special Administrative Immigration Unit of Colombia within fifteen (15) calendar days following their entry into the country, or the date of issuance of the visa in Colombia. Holders of V Tourist, V Business, or V Visitor visas will be exempt from this obligation.

ARTICLE 119. OBLIGATION TO REPORT ANY CHANGES IN ACTIVITY, OCCUPATION, OR TRADE. Foreign nationals holding a visa with an open work permit shall be obliged to inform the Special Administrative Immigration Unit of Colombia of any changes to their activity, position, occupation, or trade in accordance with the provisions of the Sole Regulatory Decree 1067 of 2015 or rule that amends or replaces it, within fifteen (15) calendar days following such occurrence. (Colombia 2022, bold in original)

2.3 Implementation
2.3.1 PPT

Sources state that PPT documents "are not recognized fully by employers" (RI 2022-06, 15), or by "many public and private institutions," "meaning [that] a lot of Venezuelans with PPTs aren't being allowed to work and still lack access to education and healthcare" (The New Humanitarian 2022-07-14). Sources indicate that "even with legal permission to work, Venezuelans often face discrimination" due to their nationality (Schmidt 2022-02-16), or that legal status and permits offer "no guarantee that Venezuelans can gain access to legal employment or avoid discrimination" (Crisis Group 2022-08-09, 9). Sources note that accessing healthcare services "can be complicated" (Schmidt 2022-02-16), or "remain[s] limited" for Venezuelans holding a PPT (The New Humanitarian 2022-07-14). However, according to International Crisis Group (Crisis Group), the difficulties Venezuelans "with formal residency" encounter are "typical of the travails of many Colombians" (2022-08-09, 10). Refugees International (RI), a US-based organization that advocates for displaced populations (RI n.d.), reports that there is a "[l]ack of information and access to technology [that] prevent[s] Venezuelans in rural areas from applying for the ETPV" (2022-06, 15).

2.3.2 Children

Sources note that [through Resolution 8470 of 2019], "approximately 46,000" children born in Colombia to Venezuelan parents have received Colombian citizenship as of August [2021] (US 2022-04-12, 23) or that it has been granted to "over 70,000 children" (UN [2022]).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela (R4V) indicates that

[t]hese figures represent the sum of Venezuelan refugees, migrants and asylum-seekers reported by host governments. They do not necessarily imply individual identification, nor registration of each individual, and may include a degree of estimation, as per each government's statistical data processing methodology. As numerous government sources do not account for Venezuelans without a regular status, the total number of Venezuelans is likely to be higher. (2022-12-12a)

[2] R4V notes that the number of residency permits granted "may reflect, in some countries, residency permits that are not currently valid, as well as duplications and triplications (one person carrying multiple permits). It does not include tourist visas" (2022-12-12b).

References

Atlantic Council. 2022-05-13. Andrew Selee & Diego Chaves-González. "Support a Holistic Migration Strategy." [Accessed 2022-12-14]

Colombia. 2022-12-21. Ministerio de Relaciones Exteriores, Migración Colombia. "Visibles: Estatuto Temporal de Protección." [Accessed 2022-01-18]

Colombia. 2022. Resolución 5477 de 2022. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2022-12-20]

Colombia. [2021]. Cancillería. ABC Temporary Protection Status for Venezuelan Migrants. [Accessed 2022-12-15]

Colombia. 2021. Decreto 216 de 2021. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2022-12-14]

Colombia. 2019. Resolución 8470 de 2019. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2022-12-15]

Colombia. 2015. Decreto 1067 de 2015. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2022-12-21]

Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela (R4V). 2022-12-12a. "Refugees and Migrants from Venezuela." [Accessed 2022-12-14]

Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela (R4V). 2022-12-12b. "Residence Permits and Regular Stay Granted." [Accessed 2022-12-14]

Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela (R4V). N.d. "Key Figures." [Accessed 2022-12-14]

International Crisis Group (Crisis Group). 2022-08-09. Hard Times in a Safe Haven: Protecting Venezuelan Migrants in Colombia. Latin America Report No. 94. [Accessed 2022-12-15]

Migration Policy Institute (MPI). 2021-02. Natalia Banulescu-Bogdan & Diego Chaves-González. "What Comes Next Now that Colombia Has Taken a Historic Step on Migration?" [Accessed 2022-12-15]

The New Humanitarian. 2022-07-14. Paula Dupraz-Dobias. "Nowhere Left to Turn, Part 2: In a Region Hit Hard by COVID, the Welcome for Venezuelan Migrants Wears Thin." [Accessed 2022-12-16]

Refugees International (RI). 2022-06. Rachel Schmidtke. Filling the Gap: Humanitarian Support and Alternative Pathways for Migrants on Colombia's Edge. [Accessed 2022-12-15]

Refugees International (RI). N.d. "Our Mission." [Accessed 2022-12-14]

Schmidt, Liza. 2022-02-16. "For Venezuelans in Colombia, the Long Path to Legal Residency." North American Congress on Latin America (NACLA). [Accessed 2022-12-14]

Trompetero Vicent, María Gabriela. 2022-09-17. "The Colombian Temporary Protection Status for Migrants from Venezuela: Novelty and Room for Improvement." Routed. [Accessed 2022-12-14]

United Nations (UN). [2022]. UN High Commissioner for Refugees (UNHCR). "Venezuela Situation." [Accessed 2022-12-15]

United Nations (UN). N.d.a. UN High Commissioner for Refugees (UNHCR). "Estatuto Temporal de Protección para Migrantes Venezolanos." [Accessed 2022-12-14]

United Nations (UN). N.d.b. UN High Commissioner for Refugees (UNHCR). "Refugiados." [Accessed 2023-01-18]

United States (US). 2022-04-12. Department of State. "Colombia." Country Reports on Human Rights Practices for 2021. [Accessed 2022-12-15]

Additional Sources Consulted

Oral sources: assistant professor at an American university who focuses on migration and refugee policies and laws in Latin American countries; associate professor at an American university who focuses on Latin American diasporas and public diplomacy; associate professor at an American university who focuses on Latin American studies; associate professor at an American university who focuses on the impact of refugees and migrants in host countries; associate professor at a Peruvian university who focuses on migration and refugee policies/laws in Latin America, and the Venezuelan displacement crisis; Belgium – Cedoca; Colombia – Cancillería, Ministerio de Justicia y del Derecho; Corporación Opción Legal; Fundación de Pana que Si; Fundación Mujeres sin Fronteras ColomboVenezolanas; Dejusticia; journalist who focuses on Venezuelan refugees; La Voz de la Diáspora Venezolana; Migration Policy Institute; North American Congress on Latin America; professor at an American university who focuses on the Venezuelan crisis; professor at an American university who focuses on citizenship and foreign policy in Latin America; professor at a university in the UK who focuses on forced migration and refugee assistance; professor who focuses on Venezuelan refugees in Colombia; research assistant at a Peruvian university who focuses on the politics of migration in Latin America; research assistant professor at an American university who focuses on refugees and forced migration; UN – International Organization for Migration office in Caracas; Universidad Católica Andrés Bello – Center for Human Rights; Washington Office on Latin America; World Vision – Venezuela Crisis Response.

Internet sites, including: ACAPS; Agence France-Presse; Al Jazeera; Amnesty International; Associated Press; Australia – Department of Foreign Affairs and Trade; Austrian Red Cross – ecoi.net; Belgium – Office of the Commissioner General for Refugees and Stateless Persons; Bertelsmann Stiftung; CBC; Center for Strategic and International Studies; Colombia – Ministerio de Salud y Protección Social; Colombia Reports; The Conversation; Council on Foreign Relations; Danish Refugee Council; Dejusticia; El Diario; El Nacional; El Pitazo; El Tiempo; EU – EU Agency for Asylum; Euronews; Fédération internationale pour les droits humains; France – Office français de protection des réfugiés et apatrides; France24; Freedom House; The Guardian; Human Rights Watch; Hungarian Helsinki Committee; InSight Crime; La Opinión; London School of Economics; Médecins sans frontières; National Public Radio; Netherlands – Ministry of Foreign Affairs; The New York Times; Norway – Landinfo; OpenDemocracy; Organisation suisse d'aide aux réfugiés; Organization of American States – Inter-American Commission on Human Rights; Portafolio; Proyecto Migración Venezuela; Pulzo; Radio Free Asia; Radio Free Europe/Radio Liberty; Reuters; Semana; Servicio Jesuita a Refugiados Colombia; Transparency International; UK – Home Office; UN – Office for the Coordination of Humanitarian Affairs, Office of the High Commissioner for Human Rights, Population Fund, Refworld, UNDP, UN Women, WHO; Univision; US – Library of Congress; Washington Office on Latin America; The Washington Post; Wilson Center; World Vision.