Type M Visa advice... ?

7POSTS

7 years ago

I met a wonderful Colombian woman in Dallas Mar 2017. We have been seeing each other ever since. We actively travel back and forth to see one another and I've come to love the country. She has her own career in Colombia and we both want to stay there.

It's now a year and a half later and I've made the commitment to move to Colombia sometime in 2019. I'm a couple of years from retirement age, but I've saved enough where I believe I can quit my job and make the move and have more than enough from savings and her income to support ourselves until the additional money from my SS kicks in.

I'm researching the visa requirements and I'm curious if anyone else on these forums has a similar circumstance. Since I don't qualify for a retirement visa, I think I'm going to initially go back down on a tourist visa and then apply for a type M.

It's my understanding in order to stay in Colombia beyond 180 days and qualify for a type M, we would have to marry or certify a civil union, both of us preferring the civil union. Has anyone recently done this or have experience with the process? She's going to work on clarifying the requirements down there, but wanted to hit up this forum for feedback. It seems like it really depends on the luck of the draw and who does the paperwork in Colombia.

Gracias
Robert

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OsageArcher Colombia Expert

1660POSTS

7 years ago

You can get married in Dallas, it doesn't have to be in Colombia.

Here in Spanish is the account of a colombiana whose husband is French, that deals with what you're looking for with the new type M visa. She confirms your suspicion that the process can be inconsistent, and her opinion is that it's better to get your information and do as much of the process as you can outside of the government:

http://miviajar.com/2018/03/07/visa-de- … atrimonio/

cccmedia Ecuador/Colombia Expert

10285POSTS

7 years ago

Dear Robert,

Welcome to the Colombia forums of expat.com ....

A Type V visa now allows tourist-status for up to three years and might be easier to obtain than an M visa, although the M appears to be appropriate for your circumstances as well. The V visa is not a tourist visa per se; it is granted for tourism, journalism or dozens of other reasons that might attract someone to Colombia for up to three years without dealing with the permanent-residency process.

A V visa would allow you to circumvent the legal obligations of a full-on marriage or even a civil union.

By staying in Colombia for 180 or fewer days out of 365, you avoid the worldwide income tax on Colombia tax residents. However, if you have minimal income until your SS kicks in, that may not be a consideration. After three years or whenever you get SS, you could reconsider your civil and visa status.

The undesirable tax state of "tax resident" is based on the number of days out of any 365 that a foreigner remains in La República, not based on your visa status.

cccmedia

bobomatic New member

7POSTS

7 years ago

I don't think a Type V wouldn't really fit. It's my understanding it will limit my stay to 180 days each year. I plan on living full time in Colombia. Her kids are grown and so are mine, so now it's time to build on own lives living together full time. Thanks for you reply!

bobomatic New member

7POSTS

7 years ago

Thank you for the link to the article. It just confirms what I thought. I think we'll invest some time in seeking out an "agreeable" notary and go from there. Thank you!

cccmedia Ecuador/Colombia Expert

10285POSTS

7 years ago

bobomatic wrote:
I don't think a Type V wouldn't really fit. It's my understanding it will limit my stay to 180 days each year. I plan on living full time in Colombia. Her kids are grown and so are mine, so now it's time to build on own lives living together full time. Thanks for you reply!

Based on Expat postings on another forum, I didn't believe that the new Type V visa limits an Expat to 180 days a year in Colombia.

But evidently, you are correct, Robert.

I just found a recent posting at the FAR International website stating just that -- 180 days is the maximum total days permitted each year (for two years) in La República.

Good job, Robert. Good luck obtaining a visa.

cccmedia

bobomatic New member

7POSTS

7 years ago

OsageArcher wrote:
You can get married in Dallas, it doesn't have to be in Colombia.

Here in Spanish is the account of a colombiana whose husband is French, that deals with what you're looking for with the new type M visa. She confirms your suspicion that the process can be inconsistent, and her opinion is that it's better to get your information and do as much of the process as you can outside of the government:

http://miviajar.com/2018/03/07/visa-de- … atrimonio/

Are you saying if we did a civil union in Dallas, that this would be accepted by Colombia and no further paperwork is needed other than maybe the apostilled marriage certificate? If so, I'm going to check into that. It may be a lot simpler and might be an advantage when we return to the US for family visits.

OsageArcher Colombia Expert

1660POSTS

7 years ago

Yes, that's why I suggested marriage in Dallas. It may indeed be that the apostilled marriage certificate is all you need.

I married my colombiana wife of almost 18 years now in a civil ceremony in the US. But we have never had to prove marriage in Colombia, neither of us are residents there now and I do not seek citizenship or an M visa - so I'm not really sure but it's certainly worth checking out.

cccmedia Ecuador/Colombia Expert

10285POSTS

7 years ago

bobomatic wrote:
It's my understanding (to) qualify for a type M, we would have to marry or certify a civil union, both of us preferring the civil union.

The above-cited understanding about requirement(s) for an M visa apparently is not correct.

A likely reason for confusion is that the M does not stand for Marriage or Matrimonio, but for Migrant (Migrante).

Confusion is also possible because one of the potential routes to the Migrant Visa is the spousal visa, a subcategory. The spousal visa does require a marriage or civil-union certificate.

An Expat can obtain the M Visa, typically for a three-year term, by these other routes not requiring marriage or civil union: investment, new-business formation or certified pension.

----

The source of information used in crafting this post is the visa-changes analysis done by www.medellinliving.com ....

-- cccmedia

bobomatic New member

7POSTS

7 years ago

#10

cccmedia wrote:
bobomatic wrote:
It's my understanding (to) qualify for a type M, we would have to marry or certify a civil union, both of us preferring the civil union.

The above-cited understanding about requirement(s) for an M visa apparently is not correct.

A likely reason for confusion is that the M does not stand for Marriage or Matrimonio, but for Migrant (Migrante).

Confusion is also possible because one of the potential routes to the Migrant Visa is the spousal visa, a subcategory. The spousal visa does require a marriage or civil-union certificate.

An Expat can obtain the M Visa, typically for a three-year term, by these other routes not requiring marriage or civil union: investment, new-business formation or certified pension.

----

The source of information used in crafting this post is the visa-changes analysis done by www.medellinliving.com ....

-- cccmedia

I'm aware the "M" doesn't stand for Marriage. I was stating in my case that marriage or a civil union is the only circumstance in which I would qualify for a migrant visa. I don't have a pension, I'm not starting a new business and I'm not making an investment. Unless I'm mistaken, a civil union is the only other path for me to qualify for a type M visa.