Colombian Naturalization and its effects

imagen-articulo-nacionalidad

 

By: Rodrigo Tannus Serrano
Partner at Tannus & Asociados
rtannus@tannus.co

 
In recent years the increase of applications for Colombian nationality has increased significantly before the Colombian consulates in the world, as well as before the Ministry of Foreign Affairs. This situation has been generated mainly by the exodus of Venezuelan nationals who, in the midst of the economic and social crisis in the neighboring country, are looking for alternatives that allow them to legally migrate to the national territory and open their way in the country. Notwithstanding the foregoing, we find different nationalities where for reasons of family, work, among others, look favorably have an additional passport.

 

Colombian Nationals

According to the Article 96 of the Political Constitution, they are nationals by birth, when the father or mother was Colombian nationals or when, being children of foreigners, one of their parents was domiciled in Colombia at the time of birth. Likewise, the children of a Colombian father or mother who were born abroad and then reside in Colombia or register with a consulate.

In this case, it is worth noting that after several debates about what is meant by domicile in Colombia, the Constitutional Court pointed out that it refers to those foreign citizens who have a Migrant or Resident visa, which was confirmed by the Registrar through a notice.

Furthermore, there are nationals by adoption who among others are foreigners who request and obtain the Registration Resolution (Latin American, Caribbean and Spanish foreigners) or Charter of Nature, as being domiciled in Colombia and have remained for a certain period which will vary depending on the nationality.

 

Double nationality

According to the aforementioned article, the possibility of having dual citizenship is also established, which is why a Colombian national will not lose his nationality if he has or subsequently acquires another nationality.

 

Effects of obtaining Colombian nationality

The Colombian National who holds double nationality will be subject to the Constitution and Colombian laws. As a result, and in accordance with the Act 43 of 1993, Colombians with this condition must enter and remain in the national territory, as well as leave it, always as Colombians, having also the obligation to identify themselves as such in all civil and political acts. In case of not complying with this precept, the migratory authority may initiate an administrative sanctioning procedure.

Likewise, the person who obtains Colombian nationality by adoption must keep in mind what is ordered in Resolution 6045 of 2017 issued by the Ministry of Foreign Affairs regarding the termination of the visa, since the validity of any type of visa will end in advance, without a pronouncement from the competent authority in case of obtaining Colombian nationality.

For this reason, the people with this new condition in addition to comply the aforementioned precepts, should inform the different public and private entities such as: Migration Colombia, DIAN, employer, EPS, AFP, banks, among others, of their acquisition of Colombian nationality to update all records with the new identification number, either the Colombian citizenship card or identity card in the case of minors.

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