What happens if I overstay in Colombia? Do I have to pay a fine? Foreigners need to know Colombian immigration regulations and understand the circumstances in which they may be subject to fines with Migración Colombia. This blog covers fines in Colombia, their classifications, and tips to avoid penalties.

That is why at expatgroup.co, we explain the cases in which the Unidad Administrativa Especial Migración Colombia can charge fines or sanctions and their classifications.

According to Chapter 13 of Decree “Decreto 1067 of 2015”, the Ministry of Foreign Affairs regulates the causes for sanctions, in addition to the classification according to Resolution 2357 of 2020

What are Migración Colombia Fines?

In Colombia, immigration fines are economic sanctions imposed by the Unidad Administrativa Especial Migración Colombia, the migration authority responsible for exercising migratory surveillance and control over nationals and foreigners within the national territory. It also supports the Ministry of Foreign Affairs and other State institutions in the formulation and execution of migration policy.

These fines are the result of non-compliance with Colombian immigration regulations, reaching up to seven monthly legal minimum wages, which represents a considerable amount that can impact your legal stay in Colombia. That is why at expatgroup.co, we explain the cases in which the immigration authority can charge fines or sanctions and their classifications, according to Chapter 13 of “Decree 1067 of 2015,” where the Colombian Chancellery regulates the causes for sanctions, in addition to the classification according to Resolution 2357 of 2020.

3. Major Infractions

Major infractions represent the most serious violations of Colombian migration law, carrying severe legal consequences for those involved. These offenses typically involve fraudulent or deliberate actions that undermine the integrity of the immigration system, such as false documentation or failure to comply with expulsion orders. Below are some examples of major infractions that can lead to the most significant penalties, including long-term deportation or legal action.

4. Egregious Infractions

These infractions constitute the most specific and extreme violations of the country’s immigration laws. In these cases, Migración Colombia will expel any foreigner from the national territory and impose the heaviest fines on those who commit the following infractions.

How Much do I Have to Pay for Irregularity Infractions?

For incurring an irregular stay, the fines imposed by Migración Colombia can range from 26,31 to 210,50 UVT for Minor Infractions. Also, they can be calculated based on a specific amount of Minimum Monthly Legally Wages and its equivalency with the current UVT, as provided for in Article 49 of Law 1955 of 2019.

It must be taken into account that the final decision on the fine’s allocation will depend on the officer of Migración Colombia, because they must determine the severity of offenses and the severity of sanctions for administrative infractions of an immigration nature, the criteria associated with the behavior of the offender, the seriousness of the offense, recidivism or the reluctance of the offender, or all those events in which total or partial responsibility (Article 50 of Law 1437 of 2011 and Article 2.2.1.13.2 of Decree 1067 of 2015).

Based on the regulations described above, the following table provides estimated fine amounts for irregular stays of varying durations. Remember that the final cost changes depending on whether the immigration officer validates the presence of extenuating circumstances or applies the standard penalty.

What Does With Or Without Extenuating Circumstances Mean?

Extenuating circumstances or mitigating factors are specific facts, conditions, or situational contexts surrounding the commission of an infraction that, while not excusing the act or negating liability, diminish the degree of culpability or moral blame of the offender. Within immigration frameworks, these factors allow the authority to exercise leniency and apply the principle of proportionality to reduce the severity of the legal consequences of irregularity.

Migración Colombia can impose fines for immigration infractions, but “mitigating circumstances” can reduce the penalty. According to Article 21 of Resolution 360 of 2015, these circumstances are evaluated by the entity and can lead to a reduction of up to 50% of the fine amount, depending on the regulations and the seriousness of the infraction, thus being considered as “infractions with or without mitigating circumstances” that impact the economic amount. To know the exact amount and evaluate possible mitigating circumstances, it is necessary to complete the pending process and await official notification from Migración Colombia.

How do I know if I have a fine at Migración Colombia?

If you are in Colombia, you should go to the Migration Service Facilitator Center to check whether you have any administrative sanctioning process.

On the other hand, when you leave the country, the immigration agent will inform you whether there is a process in your name and indicate the amount to be paid.

What is an irregular status?

Irregularity refers to the immigration status of a foreigner who may be in any of the following situations:

If you are already irregular, it is important to find a way to complete the regularization process as soon as possible. This can be done:

To Sum Up

Colombia is a great attraction for tourists and those who see business opportunities to establish themselves and live in the most welcoming country in the world.

At expatgroup.co, we guide you and offer the best options for you to have a legal stay in Colombia. Contact us, and we will analyze which Colombian visa is the best for you.