The Chancellery’s Case Files #2: Digital Nomad Visa on the Ropes Over... A Handwritten Date?

Welcome to a new installment in our series at ColombianPassport.com, where we shed light on the sometimes Kafkaesque labyrinths of the Colombian visa application process. Our goal is twofold: first, to equip our future clients (and any foreigner embarking on this path) with real knowledge about the obstacles that can arise. Second, and no less important, is to illustrate why, although the law does not require a lawyer to submit a visa application, the reality imposed by certain official criteria makes legal expertise not a luxury, but an imperative need.

On this occasion, we want to highlight the vast experience of our founder, Camila Ocampo Matiz, who has navigated countless cases across all visa types and Colombian consulates worldwide, facing and resolving situations that defy logic and, at times, the regulations themselves. It is this experience that allows us not only to anticipate these pitfalls but also to manage the frustration and indignation that many foreigners rightly feel.

Today's Case: The "Handwritten Date" That Jeopardized a Digital Nomad Visa

Just yesterday, a U.S. client applying for his Digital Nomad visa directly with the Ministry of Foreign Affairs (Cancillería) in Bogotá received an information request that left us, once again, perplexed. After overcoming an initial hurdle – the request to submit an apostilled certificate of existence and legal representation for his U.S. employer (a document, it should be clarified, that is not an explicit requirement for this visa under Resolution 5477 of 2022) – he faced a new stumbling block.

The second request was as follows: he was informed that on his employment certificate, the date written next to the employer's signature could not be 'handwritten' ("a mano alzada"), as this, according to the official, was "inadmissible."

Let's analyze this: a handwritten date next to a signature. Does this affect the validity of the employment contract? Does it cast doubt on the company's existence or the veracity of the employment? Does it fail to meet any of the substantive requirements for Digital Nomad eligibility? The answer to all these questions is a resounding no. It is a purely formal observation, a minuscule detail that neither compromises the document's credibility nor the fulfillment of the visa's essential criteria.

The Consequences of "Form Over Substance"

Although an information request is not an outright denial, time is of the essence. Applicants usually have a limited timeframe (within the 30-day visa processing period) to rectify issues. Obtaining a new letter from an employer abroad, or getting an apostille for an unexpectedly requested document, can take weeks. If the deadline expires before these requirements can be met – however absurd they may be – the visa is deemed inadmissible.

The result? The applicant not only sees their life project in Colombia postponed but must also pay the visa study fee again (currently $54 USD). At ColombianPassport.com, our service fee includes support for up to three applications, precisely because we are familiar with these dynamics, but the client's frustration and expense when dealing with the Cancillería are unavoidable.

Beyond the Paperwork: Managing Indignation and Defending Rights

As our director, Camila Ocampo, aptly puts it, a fundamental part of our work is "to manage the frustration and indignation of foreigners who, in good faith, submit their documents correctly, pay the fees, and yet feel their rights may be violated." This discretionary power, granted to officials, is a tool that must be used prudently and with a profound knowledge of the law. When it deviates towards excessively formalistic interpretations or those that contradict the spirit of the regulations, these unfair situations arise.

Camila hopes, and we with her, that by sharing these experiences, future applicants – whether our clients or not – will be better prepared for the reality of visa processes in Colombia. But we also hope that by publicly highlighting these situations, it will spur internal reflection within the Ministry of Foreign Affairs, leading to more coherent criteria standardization, better training for its officials, and ultimately, fairer and more efficient processes for everyone.

Camila Ocampo's experience in the complex web of Colombian immigration law is the beacon that guides our clients. Each case like that of the "handwritten date" only reaffirms her profound knowledge and her commitment to a legal practice that seeks justice and clarity in a field where, unfortunately, ambiguity and excessive personal discretion sometimes seem to reign.

Have you experienced a similar situation? Do you need expert advice for your visa application? At ColombianPassport.com, we are here to help.