Marriage vs. De Facto Union: Which Colombian Visa is Better?
2026-05-15
One of the most frequent legal debates we have in the office revolves around the interpretation of Resolución 5477 regarding couples. Many expats assume that a Unión Marital de Hecho (de facto union / common-law partnership) provides the exact same immigration benefits as a formal civil marriage. Legally, this is a dangerous misconception.
The Path to Residency (Type R Visa)
The Partner Visa (Unión Marital de Hecho): The Ministry often scrutinizes these heavily. They are typically granted for only 1 year at a time, and you must accumulate 5 years of continuous M-visa time to qualify to apply for a Resident Visa.
The Spouse Visa (Cónyuge): If you are formally married, the path is drastically accelerated. You only need to wait 3 years to transition to a Resident Visa.
The Strategic Move
For clients living abroad who wish to settle in Colombia permanently, we often advise a specific strategy. If you currently hold a de facto union, it is highly advantageous to legally marry and register that marriage in your current country of residence before initiating the Colombian visa process. While it requires gathering apostilled certificates and navigating international bureaucracy to register the foreign marriage in Colombia, securing the Spouse Visa saves you years of renewal fees, government scrutiny, and immigration stress.