What does it mean to be naturalized or registered as a Colombian National by adoption?
Naturalization is a sovereign and discretional act of the President of the Republic, by virtue of which the Colombian nationality is granted to those requesting it, according to the requirements established for such procedure by the Political Constitution and the Law.
Requirements
1. For Latin American and Caribbean citizens by birth:
To reside in Colombia for a period of one (1) continuous year immediately prior to the date of request
2. For Spanish citizens by birth:
To reside in Colombia for a period of two (2) continuous years immediately prior to the date of request
3. For foreigners, other than Latin American, Caribbean or Spanish citizens:
To reside in Colombia for a period of five (5) continuous years immediately prior to the request, or for two (2) years if the foreigner is married to a Colombian national, or if he/she is the permanent partner of a Colombian national, or if he/she has Colombian children.
Be it understood that in all the previous cases, a foreigner is a resident in Colombia when he/she is the holder of a RESIDENT’S VISA; therefore the period is calculated from the date of the issuance of such a visa.
The absence from Colombia for a period that is equal or exceeds one (1) year interrupts the period of continuous residence for the acquisition of the Colombian nationality by adoption.
The Ministry of Foreign Affairs may, at its own discretion, interview the petitioner of the Colombian nationality by adoption.
The person shall appear for notification of the Resolution through which the Colombian nationality by adoption is resolved (approval or denial), prior summons issued by the Internal Working Group of Nationality from the Ministry of Foreign Affairs.
Colombian nationality by adoption shall only be considered formalized by swearing in or by solemn vow should the petitioner’s religion forbid him/her to swear.
When the foreigner is Latin American, Caribbean or Spanish, the major of the place where the petitioner is situated is in charge of the swearing-in; in all other cases, it is the Governor.
It is to be noted that eventually, for reasons of national convenience, the swearing-in may be conducted by the President of the Republic or by the Minister of Foreign Affairs.
Once the above procedure is concluded, the Governor or the Major shall issue the original letters of naturalization or copy of the registration resolution, as the case may be to the interested party.
Documents
1. Written request to obtain the Colombian nationality addressed to the Minister of Foreign Affairs stating the motives and indicating the following:
a. Name, number of the Foreign I.D. Card, occupation, country of origin and current nationality of the petitioner;
b. City of residence and address of residence in Colombia;
c. Reasons for the petition;
d. Declaration of prior residence before residing in Colombia;
e. Express authorization to the Ministry of Foreign Affairs to request police and tax background checks and other pertinent information from the relevant authorities;
f. If the interested party has children under his/her custody, a petition may be submitted to request that the nationality be extended to the children and for this, proof of the civil status of the minor children to whom the nationality should be extended must be presented. This request shall be made jointly by both parents. In case the custody is held by only one of the parents, such circumstance should be accredited.
2. Authenticated photocopy of the present Foreigner’s I.D. card and resident’s visa.
3. Suitable document issued by the relevant authority of the country of origin, where date and place of birth is confirmed, or authenticated photocopy before Notary Public of the relevant page of the (valid) passport where the above mentioned data appears. In case the petitioner does not possess said document, a birth certificate or civil registration may be submitted according to Article 259 of the Civil Procedures Code. Such document shall be legalized before the Colombian Consul, the signature of whom shall be verified by the legalizations office of the Ministry of Foreign Affairs, or must bear an Apostille issued by the relevant authority of the country of origin of the petitioner, whatever the case may be.
4. Accredit profession or position with a certificate issued by the company where the petitioner is employed.
5. Should the petitioner be an independent professional, a copy of the form of the Registro Único Tributario – RUT (Single Tax Registration), income tax report and withholding tax certification, as may be the case, must accompany the petition.
6. If the petitioner is a partner or owner of a commercial enterprise, a Chamber of Commerce certificate issued no more than six (6) months prior to the date of the petition, in which its corporate purpose and the Número de identificación Tributaria – NIT (Taxpayer Identification Number - TIN) appears must be attached.
7. In case the petitioner is financially dependent on someone else, a declaration should be submitted stating such a case, signed by the relative, spouse or permanent partner.
8. Accredit basic knowledge of the Political Constitution, history and geography of Colombia, and Spanish. The tests shall be taken at the corresponding governor’s office, according to the provisions of Law 43, 1993, amended by Law 962, 2005. Those who show proof of having obtained their high school or university degree in Colombia and people over 65 years of age are exempted from this requirement. The Spanish test is not necessary for those natives of Spanish-speaking countries. Those who have homologated their specialization or postgraduate degrees are not exempted from the above mentioned tests
Note: In order to take these tests, the interested party shall be notified once the relevant naturalization request or registration as a Colombian is recorded, according to the case.
9. Civil Marriage Registration certificate if the petitioner is married to a Colombian citizen or an equally suitable document proving a De Facto Marital Union with a Colombian citizen, according to Law 54, 1990, Law 640, 2001 and Law 979, 2005. (Out of court declarations were abolished by Law 962, 2005). Birth certificate registration for the birth of Colombian children, should there be any, must be presented.
10. Written pledge that military situation (men) shall be determined in case nationality is granted, except if he accredits it by submitting a certification issued by the relevant authorities in his original country. Petitioners over 50 or women are exempt from this requirement.
11. Five (5) recent photographs with a blue background, size 4x5 cm.
It is important to take into account that:
· Documents issued in countries members of the Apostille Convention must include the Apostille according to the “Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961”. Otherwise, the documents should be authenticated by the Colombian Consul and the signature legalized at the Office of the Internal Working Group of the Decentralized Service of Legalization and Apostilles of the Ministry of Foreign Affairs.
· Any document issued in a language other than Spanish must be translated by a sworn/official translator.
· Should six (6) months elapse from the date of notification to the petitioner to complete documentation and should the petitioner fail to comply, it is presumed that the requester has no intention of acquiring nationality.
Cost:
In Colombia (only): Three Hundred and Fifty Thousand Colombian Pesos (COP$350.000) according to Resolution 1670, April 15, 2011, made to the Fondo Rotatorio del Ministerio de Relaciones Exteriores NIT No. 860.511.071-6, at CITIBANK, checking account No. 0060703019. This payment shall be done on receiving notification from the Internal Working Group on Nationality.
Place:
Offices in Bogota: Coordinación Grupo Interno de Trabajo de Nacionalidad, Dirección de Asuntos Jurídicos Internacionales (Internal Working Group on Nationality Coordination, Office of the Director of International Legal Matters) of the Ministry of Foreign Affairs, Carrera 6 No. 9-46, Bogota, D.C.
Refer to the procedure at: Sistema Único de Información de Trámites –SUIT
