Read: 11 min

What the partner-or-owner visa is

The partner-or-owner visa is a subtype within the Migrant (M) category designed for foreigners who hold a stake in a Colombian company or own a business establishment and want to reside in the country linked to that activity. Unlike short-stay visas, it starts from a business project meant to last. The precise conditions —including any participation or capital requirement— are set out in the Foreign Ministry's visa resolution and can be updated, so they must be checked in the current version before you gather documents.

Who it suits

This visa is usually considered when you:

  • Set up a company in Colombia with other partners or on your own.
  • Acquired shares or quotas of an existing company.
  • Own a business establishment or a sole-proprietor company.
  • Want to dedicate yourself to your company's activity and settle in the country.

If, instead, your project is mainly about channeling capital from abroad, the investor category may fit better. If your relationship with the company is that of an employee, the worker subtype applies. Choosing well depends on the real role you will have.

Differences from the investor and worker visas

  • Partner or owner: the axis is being a partner or owner of a company and its real operation.
  • Investor: the axis is the foreign capital invested, its registration and its destination.
  • Worker: the axis is an employment contract with an employer.

These differences matter because each subtype has different supporting documents and, above all, different consequences when something changes. A partner who sells a stake, an investor who withdraws capital and a worker whose contract ends face different situations.

  1. Define your role: partner, shareholder, owner, legal representative or several at once.
  2. Verify the corporate structure: type of company, each partner's stake and the company's status.
  3. Gather the company's documents: existence, legal representation, registrations and obligations up to date.
  4. Gather your personal documents: passport, form, photograph and records, with an apostille and official translation if issued abroad.
  5. Check consistency: names, positions, percentages and dates must match across all documents.
  6. File with margin and keep the receipts.

Company documents that usually support the application

  • A certificate of existence and legal representation or commercial registration, with the validity the rule requires.
  • Documents proving your status as partner, shareholder or owner: shareholder register, incorporation deed or document, participation certificates.
  • The company's tax identification and proof of compliance with obligations, as applicable.
  • Evidence of operation: contracts with clients, invoices, the company's bank statements, accounting.

A company that exists only on paper raises doubts. What persuades is a file showing real, orderly activity consistent with what is declared.

Personal documents

  • A valid passport with enough remaining validity.
  • A completed application form with the same data as the passport.
  • A photograph meeting the required specifications.
  • Criminal or judicial records, when required, with an apostille or legalization.
  • Proof of payment of the fee.

Any document in another language needs an official translation, and the translation should be done on the already apostilled document to avoid repeating the process.

How to structure the file

Organize the file in chapters with an index: (1) identity, (2) the company, (3) your status as partner or owner, (4) the operation and (5) complementary documents. An evaluator who finds each item quickly understands your case better and is less likely to issue a request for information that was in fact there but could not be located.

It is common for the same person to be a partner, the legal representative and the one who runs the business. Even so, these are different roles:

  • The partner or shareholder owns part of the company and is liable according to the corporate type.
  • The legal representative acts on behalf of the company and signs contracts.
  • The employee has an employment contract with the company.

Each role has different legal, tax and social security consequences. Before filing, clarify which is yours and which activities you will carry out. If you will work as an employee of the company in addition to being a partner, consult how it fits with your visa.

Company obligations that also matter

The company meeting its obligations is part of the strength of the file: renewal of the commercial registration, tax filings, up-to-date accounting, enrollment of employees in social security when it has them and compliance with sector rules. A company with overdue obligations may cause information requests or difficulties at renewal.

Bank accounts and traceability

Keeping a company bank account with regular, traceable movements helps show real operation. Avoid mixing personal and company funds: separating assets is good accounting practice and a sign of business order.

What happens after approval

Once the visa is approved, the next step is registration in the foreigners' registry and obtaining the foreigner ID card, within the deadline the rule sets. Then update your details with the entities that require it —banks, health providers, the company— using the new document.

Validity, renewal and changes

Validity depends on the subtype and the applicable resolution. To renew, you will need to show that the conditions that justified the visa still hold: that you remain a partner or owner and that the company continues to operate. If you sell your stake, the company is liquidated or its activity changes, assess your options immediately: report the change, apply for another subtype or prepare to leave. Waiting until the visa expires to react reduces your alternatives.

Taxes and accounting obligations

The visa and tax obligations are separate matters. Being a partner in a company in Colombia and residing in the country can create tax obligations for you and for the company. Work from the start with a trusted accountant so that accounting, filings and payments are up to date; this protects the company and strengthens the file.

Working with Colombian or foreign partners

If the company has several partners, formalize the agreements in writing: participation, contributions, profit distribution, decision-making and partner exit. Informal agreements are a frequent source of conflict and of doubts before the authority. A clear agreement also makes it easier to prove your status as a partner.

Common mistakes

  • Submitting company documents that are expired or lack the required validity.
  • Being unable to prove the stake with a formal document.
  • Inconsistent data on positions or percentages across documents.
  • Not separating personal finances from the company's.
  • Selling or transferring the stake without assessing the effect on the visa.
  • Letting the commercial registration or tax obligations lapse.
  • Leaving the country or starting activities without confirming what your status allows.

Example of a coherent file

A foreign entrepreneur sets up a company with a Colombian partner. She defines the percentages in the incorporation document, opens a company bank account, invoices her first clients and keeps accounting records. When applying, she presents the certificate of existence, the document proving her stake, evidence of operation, her apostilled and translated personal documents and a short note explaining her role in the company. Each document supports the others, and the evaluator can verify the story without effort.

How it relates to other visas and to residence

The partner-or-owner visa can be a step within a longer immigration path. Over time, and under the rules in force, you could evaluate residence or other categories. From the start, keep the record of your entries and exits, your lease contracts and the evidence of your activity: that archive will be useful in any later procedure.

A final checklist

  • Did I confirm the current conditions at the official source?
  • Did I define my role: partner, owner, legal representative or employee?
  • Do I have the company's documents current and consistent?
  • Can I formally prove my stake?
  • Did I apostille and translate foreign documents in the right order?
  • Did I check that names, percentages and dates match?
  • Did I keep receipts and copies of everything?

When to seek advice

When your corporate structure is complex, when you have several partners or foreign investment in addition to your stake, when you have had denials or requests before, or when you hesitate between the partner-or-owner, investor and worker subtypes. A prior profile analysis lets you choose the best-fitting subtype and anticipate the documents. Remember that advice does not guarantee a visa's approval: the decision always rests with the Colombian immigration authority.

Final questions that often come up

How long does it take? It depends on the agency's workload and the quality of the file; a complete, coherent file reduces the likelihood of requests.

Can I travel while it is processed? It depends on your situation and the validity of your stay; verify before leaving and make sure you can attend to notifications.

Can I include my family? Relatives may have options tied to your status, subject to proof of the tie and the current conditions.

Should I hire an accountant? It is strongly advisable: the company's accounting and tax obligations are part of the file's strength.

Frequent partner and owner scenarios

Scenario 1: a sole partner who sets up a company. A foreign person decides to create their own company. They define the corporate type with a lawyer's support, incorporate the company, obtain its registrations and open the bank account. Here the strength of the file depends on the company having a verifiable operation and on its own obligations being up to date.

Scenario 2: joining an existing company as a partner. The foreigner acquires quotas or shares of an already incorporated company. It is key to prove the acquisition with formal documents —minutes, assignment contract, shareholder register— and to verify that the company is in good standing before committing your investment.

Scenario 3: owner of a business establishment. Someone who acquires a premises or business must document ownership, the commercial registration and the operation. Consistency between the establishment, its activity and your profile is decisive.

Scenario 4: several foreign partners. When the company has several foreign partners, each has their own file, but all depend on the same company. Coordinate the company's documents so that they are identical across all applications.

Due diligence before becoming a partner

Before buying a stake or setting up a company with third parties, review with a lawyer: the company's history, obligations, contracts and any litigation; the bylaws and the agreements between partners; and the restrictions on transferring quotas or shares. This care protects your assets and avoids surprises that later affect your visa.

Labor aspects when you also work in the company

Many foreign partners work in their own company. If, besides being a partner, you will provide services or perform duties, define in writing your role, your duties and how you will be engaged, and check with advice how it fits with your immigration category and with social security obligations. Do not assume that being a partner, by itself, defines how your day-to-day work must be formalized.

Documents worth keeping permanently

  • The incorporation document and bylaw amendments.
  • An up-to-date shareholder register or partner record.
  • Recent certificates of existence and legal representation.
  • Tax filings and payments.
  • Financial statements and accounting support.
  • Relevant contracts with clients and suppliers.
  • Your record of entries to and exits from the country.

Preparing for renewal

Several months ahead at least, check that your stake remains valid and documented, that the company maintains its registration and obligations, and that your passport and foreigner ID card have enough validity. Gather updated certificates and do a final review of the file before filing.

Quick reminders

Keep the company's registration and tax obligations current, make sure your name, role and percentage are written identically in every document and avoid moving funds or changing your stake without first checking the effect on your visa. If something does not fit the standard pattern, explain it in a short note and back it up with documents instead of leaving it unexplained. Requirements and procedures change, so confirm the current version at the official source before acting.

Frequently Asked Questions

FAQs about this topic

Who can apply for the partner-or-owner visa?

Generally, a foreigner who is a partner, shareholder or owner of a company or business establishment in Colombia, under the conditions of the current visa resolution. Exact conditions should be confirmed at the official source before filing.

Is it the same as the investor visa?

No. Both relate to business activity, but they rest on different grounds and documents. The investor visa focuses on the foreign capital invested and its registration; the partner-or-owner visa focuses on being a partner or owner and on the company's existence and operation.

Can I be the legal representative of my own company?

Being a partner and being a legal representative are different roles with different legal and tax implications. Define your role and confirm that your visa is consistent with the activities you will carry out.

Which company documents are normally requested?

Usually the certificate of existence and legal representation or the current commercial registration, documents proving your stake in the company and evidence of the company's operation.

What happens if I sell my stake in the company?

Because the visa rests on being a partner or owner, selling or transferring the stake can affect your status. Consult before any operation and assess a change of category if appropriate.

Written and immigration-reviewed by: María Fernanda Rodríguez · Updated:

Need guidance on your case?

Every immigration situation is different. Write to us and let's figure out the best path for your process in Colombia.

Book Your Consultation on WhatsApp
Keep reading

Related articles

Back to blog