Implementation and socialization of the Temporary Protection Statute for Venezuelan Migrants (ETPV in Spanish) and Law 2136 of 2021 for the regulation and orientation of the Comprehensive Migration Policy (PIM) of the Colombian State, as regulatory and le

In 2021, the Colombian Government announced the establishment of the Temporary Protection Status for Venezuelan Migrants under the Temporary Protection Regime (ETPV), a mechanism that seeks to regularize more than 1.8 million Venezuelans with a permanent vocation in Colombia, allowing them access to essential goods and services and the possibility of formal and legal employment under equal conditions.

In addition, the Government enacted Law 2136 "whereby the definitions, principles and guidelines for the regulation and orientation of the Comprehensive Migration Policy (CMP) of the Colombian State are established", aimed at strengthening the migration management process in the country and addressed to the Colombian population abroad, the Colombian population returning to the country and the foreign population migrating to Colombia.

During 2022, Colombia will advance in the implementation of the Statute and the Law with a view to guaranteeing safe, orderly, and regular migration. Likewise, it has been defined as a priority for international cooperation in the socialization of both instruments, with other countries in the region and the world as normative and legal references for the comprehensive management of migratory flows.

LAST UPDATED 4JUL/23

IMPLEMENTATION AND SOCIALIZATION OF THE TEMPORARY PROTECTION STATUS FOR VENEZUELAN MIGRANTS (ETPV)

The Temporary Protection Statute for Venezuelan Migrants -ETPV- promulgated by Decree 216 on March 1, 2021, and regulated by Resolution 0971 of April 28, 2021, began to be implemented as of May 5, 2021, through the Registry Unique for Migrants. As of April 27, 2023, the progress in the implementation of the Temporary Protection Statute for Venezuelan Migrants is as follows:

a) Pre-registration: 2,464,937 migrants have started their pre-registration in which biographical data, and facial biometrics (photograph) are collected.

b) Completed online surveys for socioeconomic characterization: 2,386,272 migrants have completed the survey; among them, 261,349 correspond to people from 0 to 6 years of age, and 2,124,923 correspond to people from 7 years of age and older.

c) In-person Biometric Registration (facial, fingerprint and signature): 2,092,236 migrants have successfully enrolled. It should be taken into account that children under seven years of age do not perform biometric registration.

d) Authorized Permits after the verifications carried out by the Immigration Authority: 1,816,962. 

e) Permits for Temporary Issued: 1,679,839. 

Some of the activities that have been carried out include:

• Expansion of RUMV dates. Venezuelan migrants who entered Colombian territory on a regular basis from May 29, 2021, to May 28, 2023, through the respective legally authorized immigration checkpoint will have a due date for the Virtual pre-registration and the socioeconomic characterization survey. Until November 24, 2023.

• Temporary Protection Permit Processing Certification (PPT): Through Resolution 4278 of December 30, 2022, the Temporary Protection Permit Processing Certification (PPT) format was adopted as an identification document for Venezuelan nationals within the territory of the Republic of Colombia. This certificate is valid to enter, stay, transport, leave Colombian territory and access the offer of services of the Colombian State and private institutions while the final document is decided and granted. This certification can be obtained free of charge on the institutional website of Migracion Colombia. 

The certificate has a QR reading code, which contains the link to the Entity's database allowing automatic validation in immigration verification processes or before authorities or public or private entities of the biographical information of the Venezuelan national. This document is temporary and will be valid until the date on which the PPT request is decided in substance; however, in accordance with its generality, its validity will be until December 31, 2023. 

• Comprehensive Plan "YOU ARE STILL ON TIME": This plan has four measures aimed at facilitating the obtaining of the PPT. Each of the measures is described below:
o Validate: In this section, the migrant can confirm if he wishes to continue with the PPT process and validate his personal information; in this way, Colombia Migration can update the data of migrants who have not been able to obtain their PPT despite having completed its RUMV, its characterization survey and its biometric record. Deadline: April 30, 2023.

o Download: It consists of obtaining the certificate of the PPT process to maintain the regular status. This point applies to PEP holders who completed their RUMV and to those who have already processed their PPT and have not received the document. Deadline: April 30, 2023.

o Pick up: Through the Colombian Migration page, the migrant was able to verify if his PPT was printed and the place where he could claim it. This step expired on April 12, 2023.

o Register: In this section, the migrant accessed the link on the Colombian Migration website to take the RUMV for free, and it applies to PEP holders, people with a refugee pass who did not do the RUMV before May 28, 2022, and want to take refuge. to the ETPMV. Deadline: between April 1 and 30, 2023. 

IMPLEMENTATION AND SOCIALIZATION OF LAW 2136 OF 2021 ON THE INTEGRAL MIGRATION POLICY (PIM) OF THE COLOMBIAN STATE.

Law 2136 of the Comprehensive Migration Policy of the Colombian State, promulgated on August 4, 2021, collects, and unifies norms that regulate different aspects of migration and establishes new guidelines, for which not all articles require regulation and, as indicated in article 91 on its validity:
This law is in force from the date of its promulgation and repeals the provisions that are contrary to it. The National Government will regulate the provisions contained in this Law that require it.

Due to the foregoing, once Law 2136 was enacted on August 4, 2021, the pertinent steps were taken to regulate it on those issues that required it. 

Given that the Law involves national and local sectors and institutions such as the Ministry of Culture, Ministry of Science, Technology and Innovation, Ministry of Education, Ministry of Labor, Ministry of Education, Special Administrative Unit for Migration Colombia, SENA, among others, the Ministry of Foreign Relations has coordinated with the entities, the revision of their functional norms with the purpose of evaluating whether they already apply provisions contemplated in Law 2136, or require their inclusion, in accordance with their powers.
Similarly, within the Ministry of Foreign Affairs, the responsible areas have made the respective modifications in accordance with Law 2136:

Internal Working Group on Visas and Immigration: The Directorate of Immigration, Consular Affairs and Citizen Services -G.I.T. Visas-, in accordance with the guidelines established in article 59 of Law 2136 of 2021, on July 22, 2022, issued Resolution 5477 of 2022.

Internal Working Group on Nationality: The Directorate of International Legal Affairs -G.I.T Nationality-, within the framework of the powers assigned in matters of statelessness, is in the process of regulating articles 65, 66 and 67 of Law 2136 of 4 August 2021.

Internal Passport Working Group: The Directorate of Immigration, Consular Affairs and Citizen Service -G.I.T Passports-, in compliance with article 57 of the PIM Law, projected and advanced the legal processes, which concluded with the issuance of Resolution 6888 of November 26, 2021, By which the provisions regarding passports and the Colombian travel document are regulated and Resolution 3959 of December 29, 2020, and Resolution 656 of February 17, 2021, are repealed. 

Internal Working Group of Colombia Nos Une: The Directorate of Immigration, Consular Affairs and Citizen Service -G.I.T Colombia Unites Us-, in compliance with Chapter IV Accompaniment of the Returned Population, of Law 2136 and in accordance with Law 1565 of 2012 -included in it, has coordinated technical roundtables to strengthen the offer of services to returning compatriots within the framework of the Law.

Similarly, work has been done in favour of returnees within the framework of Law 1565 of 2012 and Decree 1000 of 2013; in the different actions such as guiding and accompanying the Colombian population that returns to the country, it has implemented 13 Reference and Opportunity Centers for Return -CRORES- located in the following departments: La Guajira, Atlántico, Bolívar, Antioquia, Eje Cafetero: -Risaralda, Quindío and Caldas- Valle del Cauca, Bogotá, Nariño, Arauca, Santander, Norte de Santander, Cesar and Magdalena, where the returned population has an advisor who provides information on the route and institutional service offer at the departmental, municipal and international cooperation agencies, for inclusion and guidance related to employability, entrepreneurship, access to health, linking their children to the school environment, as well as in the management of humanitarian aid to respond to the returned population that arrives in a high degree of vulnerability. More than 76,728 Returnees, Mixed Families and Migrants have been oriented and referenced from these centres in the last four years.

Regarding article 45 of Law 2136 Demographic Information and Characterization, currently, both in development of the tasks of strengthening administrative records arranged within the framework of the National Statistical System (SEN) and the National Statistical Plan (PEN), as well as the provisions introduced by Law 2136 of 2021, the G.I.T Estadísticas and Colombia Nos Une, have been working with DANE on the review and modification of the current data collection questionnaire in order to introduce improvements that contribute to optimizing this administrative record, observing the existing technical guidelines in this matter and the need to provide more elements of information, the processes of characterization of the Colombian diaspora abroad.

Likewise, since July 2021, a campaign was launched on the digital channels of the Foreign Ministry and the G.I.T Colombia Nos Une - Facebook, Twitter and Instagram - in which the importance of making the Consular Registry is explained and what are the steps to do it.

Activation of the National Table of Civil Society for Migrations

Within the framework of article 25 of Law 2136 of 2021, Paragraph 1, which establishes that the National Table of Civil Society for Migrations is a space for participation open to Colombians residing abroad, in national territory as returnees or regular migrants, interested in the migration issue; under the coordination of Colombia Nos Une, activities have been carried out within the framework of the Cooperation Agreement 005 FGM 044 of 2022, signed by the Revolving Fund of the Ministry of Foreign Affairs and the International Organization for Migration (IOM).

Object of the agreement:

“Join technical and financial efforts between the Revolving Fund of the Ministry of Foreign Affairs and the International Organization for Migration (IOM) for the expansion and improvement of the state offer aimed at Colombian communities abroad in order to contribute to the empowerment of the Colombian diaspora as agents of sustainable development, both for the benefit of their country of origin and destination, and in this sense promote the implementation of the Comprehensive Migration Policy or Law 2136 of 2021”.

According to the enlistment, illustration and modification process by the G.I.T Colombia Nos Une, the expectation of the National Table of Civil Society for Migrations - MNSCM- is that it consolidates and can participate as an active member of the National System of Migrations for the second semester of 2023.

Taking into account the above, a pilot of the MNSCM was carried out, with the objective of adjusting and modifying what is related to this space so that this effort concludes in the construction for the effective participation of the community. As a result of the diagnosis derived from the pilot, a proposal for the organization of the Board is being prepared for the installation of this space in the second semester of 2023.