In Visa Asistencia we analyze the criteria that allow us to identify Colombian nationality at the time of signing the civil birth record. To the questions:
- We are two foreign citizens with Colombian visas type “M” (Migrant) and we want to register our child born in Colombia as a Colombian national. Is it possible? What should we do?
- If my child has the right to be registered in Colombia as a Colombian national, we foreign parents with temporary Colombian visas, can we request the Colombian resident type “R” after registering our child as a Colombian citizen in a Colombian notary public?
The answer to these questions is YES.
To ensure the rights of the children of foreigners born in Colombian territory, it is necessary to define the criteria that allow the identification of their nationality now of signing the birth record. To comply with this, it is necessary:
- A minor born in Colombian territory, the child of a foreign parent or mother, the registry official in the notary public’s office must verify the type of visa that the father or mother possesses to corroborate the constitutional requirement of the domicile to generate legal security on the ownership of Colombian nationality. The type of recommended visa that parents should have is any temporary Colombian visa, with a stay in Colombia of at least one (1) year.
- Once verified the type of visa that shows the address of the father or mother on the date of birth of the enrollee, will be included in the space of notes of the respective civil birth record the following observation: “Valid to demonstrate nationality” (“Válido para demostrar nacionalidad” in Spanish); this observation must be signed by the notary public.
- If at the time of registration, no proof of address is provided, it may be done at any time before the registry office where the registration was made.
- After the parents have in their possession the Birth Record/Birth Certificate of their child in original and with the respective observation mentioned in Point 2 of this note, they may request their Colombian Resident visa type “R” before the Colombian Chancellery or Consulate of Colombia abroad, a visa granted for five (5) years to a foreigner who want to stablish in Colombia indefinitely.