aracne has left 28 comments

aracne comments on how to become a legal guardian in colombia

In order to have the grandmother as legal guardian it will require the proof that neither the mother nor the father actually takes care of the child. In this case I don't think that is the intention since it will do no good for future opportunities for the child to gather his mother, am I right? Same happens with the father, if he actually sees him even once a month and participates in any way with the expenses. The only reason for a colombian court to name a third person as legal representative or guardian of a child is the fact that non of the parents are able (moral, social, personal or economical) or capable to support the child or that he will be in physical or psicological danger if he maintains contact with the parents. So I wonder: What will be the purpose on seeking the designation of the grandmother as legal guardian?

aracne comments on Investor Visa Question

I don't think you will have too many problems getting your investor's visa with such amount of money. But in order to obtain it you must have a certification from the bank of the republic stating that actually you have a record of investments over $100,000 USD in Colombia (as it appears in the comment above). Therefore, if you have a couple of forms 4, you must have a couple of forms 11 and the certification I'm telling you about, that the bank will not give you unless you apply for it. Otherwise, I don't think you can get the visa easily.

aracne comments on Visa Laws

I think part of your question has something to do with the possibility to take the child out of Colombia, am I right? If so, it's important for you to know that when a child leaves the country and is not in the company of both parents, that child must have a permission granted by the other parent. In this case it seems that the father will not be available for this permission so she will have to present a court petition in order to obtain it.

aracne comments on 6 months tourist visa almost expired. How do I stay in Colombia?

Micro, are you sure about that? In Colombia to declare that you have a permanent relationship means that you have maintain that relation for at least two years and the legal treatment is equal to a marriage (and that includes the rights over each other's assets). Do you think this is really the best way to go and have a visa?

aracne comments on the infamous formulario's

Yes, your "suegra" should have filed a form 5 for the Bank of the Republic; otherwise, she will have not received the money on her bank account. But this will probably represent that she is going to have to pay taxes next year, not to mention that you will not be allow to consider the purchase as an investment. Because she actually does not have any reason for receiving that money other than serve as an intermediary in a transaction, she is going to have to declare that money and pay taxes for the next year.

aracne comments on DOMESTIC WORKERS AND COLOMBIAN LAW

Elk, be careful with that interpretation about the "last contract". What Esteban means is that at the end of each period of the contract (regardless it is renewed) you must paid some money to the maid or the worker in order to finish all of the derivated rights that comes with it. That way, the renovation will not carry any of the expenses of the previous one. If your worker just stay with you one or two days (or, in any case, less than the 48 hours which is the maximum legal hours per week in Colombia), the concepts that you will have to pay are proportional to that time. It works too for the social security system (health, pension, proffesional risks); according to the law, every employer must pay his proportional part of those expenses but usually this is extremely difficult because most of them does not want to pay more every month or simply prefers to give the money directly to the employee and he or she expend the money in other needs.

aracne comments on 6 months tourist visa almost expired. How do I stay in Colombia?

Salterclan: Most of the problems with the work visa comes from the fact that you need to proof sufficient knowledge and skills on what you intent to do in Colombia. Therefore, you will have to present your degrees, certifications, qualifications, etc., (all of them properly and officialy translated) and the Ministry will decide if you are qualified to develop such activity. Also, and because of the protective labour laws that exists in this country, the Ministry will require a certification (or explanation) from the company that eventually will hire you, for the reasons will will they prefer you instead of a Colombian professional; or why your area of expertise is so important for the company. I'm not saying it's impossible, but definetly it will take more time than the one you seem to have in order to have everything in place as for the documents you will need. I will try something different...

aracne comments on 6 months tourist visa almost expired. How do I stay in Colombia?

I don't think you could obtain an extension for your tourist visa if you already spend six months in Colombia. If you try to stay longer, before you go, you will have to go to DAS, explain the reasons of your overstay and pay a fine; it's not a good idea since they could eventually consider that you are in an irregular position in the country and simply deny you a new entrance. As for the student visa, I agree that it will probably be the easiest way to get one; there's no problem with the mid terms vacation since Spanish courses usually will take place during the whole year. Just subscribe to any legally registered institution of education and ask for a certification; it will have to be longer than three months and with a minimum intensity of six hours per week. Once you have this certification and also the certification for the institution, you can go to any consulate or even directly to the MRE in Bogotá and apply for the visa.

aracne comments on Liquidacion de sociedad conyugal

Yes my lord!!! The pre-nup agreements also exist in Colombia and works for both the past and future assets. Just make sure to go to a Notary a few weeks before the wedding and have it done. The costs are really low and the basic document that any Notary has for the purpose, will include any kind of asset avoiding the commun marital property that will eventually be form for the fact of the marriage.

aracne comments on Cost of Student Visa

Hi; according to the web page of the Ministry of Foreing Affairs, the cost for the student visa is the equivalent (official exchange rate) of $40 USD. As for finding someone who will take care of that in Bogota, I strongly advise you to go there in person; it's very easy, will take no longer than four hours and you can go and come back in a couple of days. For what I've heard, to get someone else to do it for you could cost no less than $800 USD. For half of it, you can go to Bogota by airplane and spend the night if necessary and, most important of all, be certain that this were done properly.

aracne comments on Student visa question

Hi; each one of the visas that the Colombian government can grant, has their own limited time to stay in the country. If your boyfriend comes as a tourist but he manages to get a student visa, he will be allowed to stay in Colombia as long as his visa is good. For a student visa, he can only have six months at a time; therefor, if he wants to stay longer than six months, he should wait for at least the three months from his tourist visa before he applies for a student visa that would allow him to stay another six months. And remember: if he tries to apply for a student visa, he must proof that is currently taking classes for at least 10 hours a week. Although I've heard of some guys who will be willing to grant him a student visa for some money.

aracne comments on What is A Paramiltitary Group?

cali 373, that's the most clear and responsible post I have ever read about this topic, here or any other chat. Glad to see someone has so clear mind about something these days.

aracne comments on When and why fill form 11

Elk, it's interest your mention to a 200% penalty because, I don't think there's nothing in Colombia that could represent such amount of money as penalization for failing a procedure. Also I have little doubt that there are many web sites with this kind of information. I can tell you that as happen in any other relatively civilized country in the world, any penalization would have to follow to a whole procedure were you will have the chance to present as much explanations as needed.

aracne comments on How long to become a Col Citizen???

Uhhmmm... What is exactly a good lawyer?

aracne comments on Disposition of Colombian assets following a U.S. divorce

Mario, there's no way to determined if that amount is fair or not, since in Colombia lawyers have regulations over the minimum they can charge for their services but not the maximum. If your divorce process is contentious (and not only on the beggining but also it's not possible to become of mutual agreement) then yes, it's a good price. What you can do is to insert a clause in your contract for legal services by which there will be a substantial reduction in case your wife (or ex-wife to be) agrees during the process to end it for mutual agreement.

aracne comments on how to pay workers in Colombia from the US?

If you want to pay "indendent reps" the best way to go is makin' a direct deposit on their bank accounts. In Colombia, you can have automatically transfer to your bank account, deposits that comes from a foreigner source not larger than 5,000 USD every month or 20,000 USD by year. If it's more than that, then I suggest you take Waterdawg suggestion very seriously.

aracne comments on Rentista Visa/I just want to be sure...

Sebastian: I think the best way to go is to add as much documentation as possible; that way is difficult to make a mistake with colombian authorities (each one of them seems to have a different interpretation of the law). First of all, you will require to proof a monthly income of at least 10 minimum colombian wages (the current one is $433,000 COP); this kind of certification can come from your bank or any other institution but that certification will have to be notarized and apostilled. Also, any document in foreign language that has the purpose to be used before a colombian authority must be translated by an official translator (who must add a copy of his certification as such) and notarized in Colombia. Therefor, any document in Spanish must be notarized. Finally you can only apply for this kind of visa outside of the country (Panama is actually a very good option for it). Good luck with it!

aracne comments on Investor visa problems

Jazzmonkey, to proceed with the legalization of an investment and obtain the certification for that investment are two different things. So far you must proceed with the legalization before the Bank of the Republic through the correct form; along with it you can ask from the Bank the certification of that investment. They have all the records of bank transactions and will only check your information with the one they have about the amount and date of the wire transfer. Once you have the certification you can apply for the investor's visa (which I assume is your intention). Actually it would have been a good idea to go to a lawyer before you make the purchase; for now you can proceed with the help of either a lawyer or an accountant (I think the last one would be better).

aracne comments on lawyer??

Thanks, SF John. I'm the lawyer you are referring to, but I have not been able to answer my cell phone for a couple of days last week (really sick). If macintoshle wants to contact me again I'll be happy to help.

aracne comments on Passport for my Colombian girlfriend

Long discussion for a short question. Forget about the possibility to obtain for your friend a new visa: one of the requirements of any government when you are applying for a visa is to declare if she or he has ever been deported. Your girlfriend's case shows simply that your legal advisory in Panama was, at least, very harmful for her intentions to leave the country again. As a colombian woman, take my word on this: If she is relying on your economic support, that is the worst way to initiate (or maintain) a relationship. Don't worry, if she really is a hard working person (does not seem so) she does not need your money, just your support. Help is one thing, sustain is another and very different.

aracne comments on Divorce

Hola. No es cierto que te puedas divorciar en cualquier notaría en Colombia. Si te casaste en Colombia y en calidad de casada viviste algún tiempo en el país, sólo puedes divorciarte en ese lugar (por ejemplo: si después de casarte viviste algún tiempo en Pasto y fué el último lugar de Colombia donde viviste con tu pareja, ese es el sitio donde te puedes divorciar). Además, sólo te puedes divorciar por Notaría si tu pareja está de acuerdo (asumo que así es) y, en ese caso, ambos pueden dar poder a un abogado para que presente la solicitud (aunque en realidad es igual de rápido y más barato hacerlo ante un Juez si están de mutuo acuerdo). Saludos y suerte.

aracne comments on Autenticar O Notarizar?

Hola Lily03. Sí, en Colombia notarizar y autenticar son la misma cosa. De hecho, la labor de los notarios es autenticar. La declaración de viajero no es la visa. Es un documento que puedes bajar de la página de internet de la DIAN y llenar la información. Suerte a tu amigo.

aracne comments on Student Visa to Work Visa

Sorry, no possible an extension for your visa after 180 days in the country. Also if you want to apply for a working visa you must do it before this 180 days period is finish. If the place you found really wants to help you, they are going to have to provide several documents for your application: the original of your contract, a letter of commitment, the certification from the Chamber of Commerce, a certification from the Ministry of Social Protection stating the proporcionality of the income and activities to develop, copy of your titles, credits or experience. Not too easy, but possible.

aracne comments on Ministry Questions concerning getting my Colombian Visa

Hi Addriene: This is what you must do in order to obtain your spouse visa. According to the Ministry of Foreign Relationships in Colombia you can obtain your first temporary visa directly in Bogota. They only do this in the morning but it takes no longer than five hours to obtain it if you have all the requiered documents. The cost is 160 USD but I'm actually not sure if American citizens has to pay it; in any case the bank is at the Ministry offices and the payment must be done in Colombian pesos. You will need some documents: A copy of the "registro de matrimonio", a copy of your husband's cedula, a letter from your husband to the Ministry requesting a visa for you (all of them notarized). I think this is all. Good luck with it. P.S. You will be granted with a tourist visa (if you don't have any other) every time you came to Colombia. It will allow you to stay in the country for six months top every year. I think that's enough time for you to complete the other requirements.

aracne comments on Rentista Visa/A little help from my friends

Hi. Here are some ideas that you can use: First of all, a "rentista" visa is a document that the Colombian government will grant you if you can proof a regular, constant, monthly income. The regulations change in Colombia very often, but your monthly income should be of at least $2500 USD. A letter from your bank will be useful if they can certify that kind of income, not your balance. Once you obtain the certification it will have to be notarized and apostille before the Department of State of your residence, have it translated in Colombia by a certified translator and that's it. You can go to any consulate anywhere with that document your passport, a couple of photos and fill the form that the consulate will give you. Good luck with it.

aracne comments on Visa options - Business route....and how can I open a bank account

Business visa and investor’s visa have two different procedures: Business visa requires from you to establish a business in Colombia (with the record before the Chamber of Commerce and all), or that someone with a business in Colombia extend you an invitation to be a part of it (not to work for it). Investor’s visa is something that the government will grant you if you make an investment in Colombia of at least 100.000 USD, investment that can be in real estate property. Once you make the investment (which means that you bring to Colombia that amount of money), you should fill the form 11 from the Bank of the Republic, who will grant you a certification for the investment. With the original of that document, your passport and a couple of pictures you will have your investor’s visa in about four hours directly from the Ministry of Foreign Affairs in Bogota. This kind of visa will not expire and will allow you to have a cedula; with the cedula you will be able to open a bank account (savings).

aracne comments on How to register form #4 when depositing payments into constructor account

Hi El Dorado. There's actually two different forms that has to be filled when you make a deposit or wire transfer: one by the seller and one by the buyer. The seller will have to fill the form 4 once he receive the money in his bank account; the buyer will have to fill the form 11 once he got the Record's Office Certification prooving the purchase or acquisition of a property. This means two different moments: the seller will have to do it right the way in order to receive the money (otherwise it will remain in dollars in the bank account and will be returned to the source after 30 days); the buyer will have to do it only after the construction is finished and has receive the title. Hope this can help you.

aracne comments on

Hey Ken, you need to learn a little bit more about the Colombian system. You can have two different kinds of health insurance: one is private and you can use any of the several insurance companies in the country (my favorite is Suramericana); they can grant you full coverage with very reasonable prices (about 500 usd per year). The second belongs to the official health covery system; you can be a part of it, if you work in Colombia; the payments depend on you salary or income; the rate is 12.5% of your income, you pay a third of it and your employer will pay the rest. This is mandatory even if you are an independent worker (in that case, of course, you will have to pay the full 12.5%). Good luck with it!