Ultimate Guide to Acquiring Colombian Citizenship by Marriage

From the vibrant culture to the opportunity to start a new life with your Colombian spouse, acquiring Colombian citizenship by marriage can be an exciting and fulfilling journey. In this blog post, we’ll walk you through the entire process, providing invaluable guidance and insights to help you successfully navigate the legal and cultural nuances of becoming a Colombian citizen.

Key Takeaways

• This guide outlines the steps and tips to acquire Colombian citizenship through matrimony, including eligibility criteria, application process, and language & cultural proficiency tests.
• Marriage in Colombia can be contracted through civil unions, religious ceremonies or Common law marriage it also has its own legal implications.
• Becoming a citizen provides numerous benefits such as full legal rights to live/work in Colombia but Dual citizenship considerations should also be taken into account.

Pathway to Colombian Citizenship Through Matrimony

The journey to Colombian citizenship through marriage may initially appear intimidating. However, with a little guidance, you’ll find that the process is straightforward and manageable. Ultimately, you’ll need to:

1. Obtain your marriage certificate with a Colombian National 
2. Meet the eligibility criteria for a Migrant Visa as a spouse of a Colombian citizen
3. Complete the Visa application process
4. Apply for residency when eligible 
5. Pass language and cultural proficiency tests to obtain Citizenship

We will detail each step, preparing you to confidently pursue your Colombian citizenship.

Eligibility Criteria for Marriage-Based Citizenship

Initially, evaluating your eligibility for Colombian citizenship through marriage is important. In order to qualify, you must be married to a Colombian citizen and hold an R-type resident visa for at least two years. Age is not a specific requirement for obtaining citizenship by marriage. To ensure all paperwork is complete and duly authenticated, it’s essential to have an attorney review your documents. 

Marriage to a Colombian citizen or having a permanent partnership with a Colombian national, regardless of gender, makes you eligible to apply for a Colombian marriage visa. This visa is valid for up to three years and offers full work rights and access to the Colombian healthcare system. You must hold the Migrant visa as a spouse of a Colombian for at least three years before you are eligible to apply for a resident visa. Once the time requirement is fulfilled, you can proceed to apply for residency.

The Application Process Explained

After confirming your eligibility, you can proceed with the application process. You can apply for a marriage visa in Colombia on the Cancilleria website. You’ll need to gather a range of documents, including:

• a copy of your passport
• a copy of your marriage certificate
• a copy of your Colombian spouse’s ID card (cédula).
• a notarized power of attorney signed by your Colombian spouse and certified by a Colombian notary.
• an application letter signed by the Colombian spouse. 
• Migratory movements from the foreigner and the Colombian spouse. 

The timeline for obtaining Colombian citizenship through marriage involves being lawfully married to a Colombian citizen and holding a Resident Visa for at least two years that as previously mentioned; its granting will require holding a migrant visa for 3 years prior. Keep in mind that this process may vary depending on whether you’re applying within Colombia or from abroad. Patience and attention to detail are key during this stage of the process.

Language and Cultural Proficiency Tests

Acquiring Colombian citizenship requires taking a citizenship test, which includes questions on Colombian history, geography, and constitutional law, as well as a Spanish language test if you’re a non-native speaker. The test is conducted in Spanish and evaluates your level of spoken Spanish. Exceptions are granted to applicants who either are aged 65 or older, or hold a bachelor’s degree obtained from an accredited Colombian university. Such applicants may be waived from certain regulations..

Preparing for the citizenship test is an excellent opportunity to not only learn about Colombia’s rich culture and history but also to improve your Spanish language skills. This will undoubtedly help you integrate better into Colombian society after obtaining your citizenship.

Legal Nuances of Marriage in Colombia

Comprehending the legal subtleties of Colombian marriage laws is key for a seamless citizenship process. In Colombia, marriages can be contracted through civil unions, religious ceremonies, or common law arrangements. Each of these options has its own legal implications and requirements, which we’ll explore in the following subsections.

Civil Union vs. Religious Ceremony

In Colombia, a civil union is a legally recognized form of marriage that must be officiated by a notary or a judge. This type of marriage bestows the same rights and responsibilities as a religious ceremony. A religious ceremony, on the other hand, is conducted by a religious official (e.g., a priest or minister) in a church or other religious setting. Both civil and religious marriages are legally binding in Colombia.

When deciding between a civil union and a religious ceremony, consider your personal beliefs, as well as the legal implications of each option. Ultimately, the choice of marriage ceremony will depend on your preferences and values.

Common Law Marriage and Union Marital de Hecho

Common law marriage, or Union Marital de Hecho (UMH), is another option for couples in Colombia. A UMH is established when two individuals have resided together for at least two years. In this case, both partners are entitled to the same rights as a married couple, including the division of shared assets in accordance with Colombia’s community property laws.

To legally establish a common law marriage, it’s advisable to contact a notary to discuss the necessary documents and procedures. This form of union may be a suitable alternative for those wishing to avoid the formalities and legal requirements of a traditional marriage while still enjoying the rights and responsibilities that come with being in a committed relationship.

Advantages of Becoming a Colombian Citizen via Marriage

After successfully maneuvering the legal steps and securing your Colombian citizenship, you will reap numerous benefits. These include:

• Full legal rights to live and work in Colombia without the need for a residence visa
• The right to vote in Colombian elections
• Access to social benefits and services provided by the government

Another significant advantage of Colombian citizenship is the ability to travel without a visa. Colombian citizens can travel visa-free to 134 countries, including popular destinations like:

• The Philippines
• Singapore
• Russia
• Turkey
• The entire European Union

With your newfound Colombian citizenship, having a Colombian spouse will make obtaining a Colombian passport even more meaningful, as the world truly becomes your oyster.

Navigating the Colombian Visa System

As you strive to obtain Colombian citizenship, understanding the Colombian visa system is vital. This will ensure a smooth transition from your current visa status to a marriage visa and, eventually, Colombian citizenship.

In the following subsections, we’ll provide guidance on applying for a visa after marriage and transitioning from a migrant visa to a resident visa.

Applying for A Visa After Marriage

To apply for a Colombia marriage visa after getting married, you’ll need to file an online visa application form at the Migracion Colombia website. You’ll also need to gather several documents, including a copy of your passport with the most recent entry stamp and a certified copy of your marriage certificate from a notaria that is no more than three years old. This process is essential for obtaining Colombian visas, such as the marriage visa.

Although the process may vary depending on your circumstances and location, patience and attention to detail are crucial during this stage. With careful planning and organization, you’ll be well on your way to acquiring your new visa and eventually your Colombian citizenship.

Transitioning from Migrant Visa to Resident Visa

Transitioning from a migrant visa to a resident visa in Colombia typically requires a minimum of two years. During this time, you’ll need to maintain a valid marriage visa and fulfill the eligibility criteria for Colombian citizenship.

The specific requirements and application process for transitioning from a migrant visa to a resident visa can be accessed on the official website of the Colombian Ministry of Foreign Affairs. By staying informed and prepared, you’ll ensure a smooth transition to your new resident visa status.

Documentation and Legal Procedures

While striving for your Colombian citizenship, understanding the involved legal procedures and documentation is important. In this section, we’ll guide you through the process of certifying or apostilling your documents and registering your marriage certificate in Colombia. By staying organized and informed, you’ll ensure a smooth and efficient citizenship process.

Certifying or Apostilling Your Documents

An Apostille is a form of certification that authenticates the legitimacy of a document for use in another country. In the context of your Colombian citizenship application, an Apostille is used to certify the validity of certain documents, such as birth certificates or marriage certificates. The Apostille ensures that these documents are accepted and acknowledged by the Colombian authorities.

To obtain an Apostille for your documents, you’ll need to visit the Ministry of Foreign Affairs in Colombia or the Colombian consulate abroad in your country. This crucial step ensures that your documents are legally recognized and accepted by the Colombian authorities during your citizenship application process.

Registering Your Marriage Certificate

To register your marriage certificate in Colombia, you’ll need the following documents:

• Certified copies of both spouses’ birth certificates
• Authenticated ID card photocopies
• Civil birth certificate
• Divorce certificate or death certificate (if applicable)
• Completed marriage application form
• Original copy of the marriage certificate or registration

The process for registering your marriage certificate can be completed through consulates, notaries, or national registries. The duration of the process may vary depending on your specific circumstances and location, so it’s important to plan ahead and seek advice from the relevant authorities.

Protecting Your Assets: Prenuptial Agreements and Community Property Laws

While you make your exciting journey toward Colombian citizenship, considering your marriage’s financial implications is important. Colombia is a community property country, which means that all assets acquired after a legal union are subject to division in the event of a divorce or dissolution of a civil union. To protect your assets, you may want to explore the option of a prenuptial agreement.

A prenuptial agreement is a legal document that outlines how assets will be divided in the event of a divorce or dissolution of a civil union. This agreement must be executed through a public deed before a public notary and concluded prior to the celebration of the marriage. By understanding and addressing the financial aspects of your marriage, you can ensure that your assets are protected, allowing you to focus on building a successful life together in Colombia.

Life After Citizenship: Rights and Responsibilities

Congratulations! You have successfully completed the citizenship process and are now a proud Colombian citizen. With your new status comes a range of rights and responsibilities that you’ll need to be aware of. As a Colombian citizen, you’ll have the right to:

• Vote in Colombian elections
• Access social benefits and services provided by the government
• Enjoy the freedom to live and work in Colombia without the need for a residence visa.

At the same time, it’s important to be aware of your responsibilities as a Colombian citizen. You’re required to:

• Abide by the Constitution and laws
• Show respect and obedience to authorities
• Respect the rights of others
• Act in accordance with the principle of social solidarity

By embracing these rights and responsibilities as a naturalized citizen, you’re well on your way to fully integrating into Colombian society and enjoying the many benefits of your new citizenship.

Integrating into Colombian Society

As a Colombian citizen, you can now fully immerse yourself in Colombia’s rich culture and vibrant society. Start by familiarizing yourself with the essential components of Colombian culture, such as its diverse musical heritage that combines Indigenous, African, and European sounds. Learning Spanish, the official language of Colombia, is crucial for integration. By becoming fluent in Spanish, you’ll be able to communicate effectively with your Colombian neighbors and make the most of your new life.

Embrace the various holidays and traditions celebrated in Colombia, such as the Barranquilla Carnival, The Flowers Festival, and the Blacks and Whites’ Carnival. These celebrations will provide you with a deep understanding of Colombian culture and history, further enriching your experience as a Colombian citizen. By embracing the local customs and practices, you’ll find it easier to integrate into Colombian society and truly enjoy the benefits of your new citizenship.

Dual Citizenship Considerations

For some, acquiring Colombian citizenship brings up the question of dual citizenship. Fortunately, Colombia recognizes dual citizenship, meaning you’re not obligated to renounce your prior nationality in order to become a citizen of Colombia. This can be especially beneficial for those who maintain strong ties to their country of origin or wish to retain certain legal rights and obligations in both nations.

However, it’s important to be aware of the potential implications of dual citizenship. For example, you may face dual commitments and responsibilities, such as:

• mandatory military service in Colombia
• paying taxes in both countries
• potential restrictions on travel to certain countries
• limited access to government benefits and services

Additionally, individuals with dual citizenship are generally permitted to vote in only one of the countries in which they hold citizenship. By carefully considering the advantages and disadvantages of dual citizenship, you can make an informed decision about whether this option is right for you.

Summary

In conclusion, acquiring Colombian citizenship by marriage is a rewarding and life-changing experience. By understanding the legal nuances, navigating the visa system, and embracing the responsibilities and privileges of Colombian citizenship, you’ll be well on your way to building a successful and fulfilling life in this vibrant country. As you embark on this exciting journey, remember to stay informed, plan effectively, and enjoy the adventure that lies ahead.

Frequently Asked Questions

How to become a Colombian citizen?

Becoming a Colombian citizen requires living holding a Colombian visa in Colombia for at least five years, 3 years under a Migrant visa, and 2 years under a resident visa.

How to get a Colombian passport?

To get a Colombian passport, visit the website of the Ministry of Foreign Affairs in Colombia, book an appointment, fill out the relevant forms online, pay the passport fee and attend the appointment with required documents. Abroad, you may obtain it from a Colombian consulate.

How long does it take to acquire Colombian citizenship through marriage?

It typically takes 5-6 years to acquire Colombian citizenship through marriage, with applicants needing to obtain and maintain the M-1 marriage visa and then a resident visa during that time.