Ministry of Labor and Ministry of Foreign Affairs Create Special Permit of Permanence for Labor Formalization

February 3, 2020
Corporate Law Practice
Published in
Decree

In view of the growing migratory phenomenon of Venezuelan citizens towards our country, the Ministry of Labor and the Ministry of Foreign Affairs issued on January 28, 2020 Decree 117/2020, which creates the Special Permit of Permanence for the Promotion of Formalization (PEPFF as per the Spanish acronym) as a transitory mechanism to regulate the migration of Venezuelans in Colombian territory, so that they may have access to fixed-term employment contracts or service agreements.

A summary is provided below:

Who can access a PEPFF?

Venezuelan nationals who comply with the requirements for its granting and who have irregular migratory status, that is, who are not holders of a Special Permit of Permanence (PEP) or a Visa in Colombian territory.

Who requests it?

The employer or the contracting party must make the request for the permit through the Ministry of Labor app, attaching, among other documents, the employment offer, identification of the Venezuelan citizen and a copy of the tax registration in force in the case of a natural person. In the case of a legal entity, the Ministry of Labor will verify the existence and legal representation through the single business registration RUES.

How is the PEPFF approved?

The Ministry of Labor validates compliance with the requirements and grants its approval through the virtual application, notifying the employer and/or contracting party and the Venezuelan citizen. The latter must personally appear and carry out procedures at the Immigration Services Facilitation Center in order to verify the ministry's approval and continue with the process of issuing the PEPFF.

What must be done after the issuance of the PEPFF?

The employer and/or contracting party must proceed to register the Venezuelan citizen before the immigration authority entering the information through the platforms of the Colombian Migration Administrative Unit and the Ministry of Labor.

What happens in case of termination of the employment contract?

If the termination of the employment agreement is without cause by the employer, the permit will maintain its initial validity. If it is for other reasons, the immigration authority may cancel the PEPFF.

Can the PEPFF be canceled?

Yes, it is possible, and for different circumstances, including the fact that the Venezuelan citizen carries out a different activity for which he/she was hired. Also, for obtaining a visa issued by the Ministry of Foreign Affairs.

Where can the text of the Decree be consulted?

Decree 117/2020: is available at this link.

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