Moving to Colombia with a criminal record

I (34M, UK) recently got myself into some trouble, likely resulting in what’s known as a conditional caution here in the UK. I have previously been cautioned by the police a couple of times as a young adult some 15+ years ago. I have never been to court or spent time in prison.

After reading online, many seem to insist that it will undoubtedly make obtaining a visa abroad nigh on impossible in most countries, thus I’m simply looking for examples of people who have had similar issues but have been successful in obtaining a residency visa regardless.

The thing is, I’m not happy in the UK, I never have been. I have previously lived in South America and felt very content there and was hoping to someday return to stay, hopefully in Colombia, a place that I know quite well. However I deeply fear that I may have now denied myself said future. I’m feeling a little desperate and would really like to hear from anyone who has been through anything similar. Many thanks.

- @tscout

I have multiple felony convictions in the USA (drugs. no violence, no sexual, no gun charges etc...). They are 20 years old. Will this keep me from entering Colombia on a tourist visa/visa on entry?

Dear Happy,

Immigration officials have discretion over whom

they allow into the country.

Contact an immigration attorney in Colombia,

preferably someone who has been successful

in assisting Expats with a record.

cccmedia

Would an immigration official have that information? A database for people who have outstanding warrants, I could see.  Applying for a visa might be a problem obviously.....

@tscout why don't you enjoy the UK? Why do you keep getting into trouble? Police cautions stay on your record for 6 years. But Just admit it your a white supremacist nazi.

@happysanook Tourist Visa- wont prevent entry, but any long term visa they request a police check and will 95% deny you

Why dont you try to get your record cleaned in the UK??

Even with an immigration visa (digital nomad, pensionada, rentista, whatever), you can do a limited police check 5 years back in your home country and it may be acceptable to the cancilleria

Talk to the Police service in the UK about options that are available and how far back they go.

But you really dont have to worry about it until if and when you get a visa. you can come here  6 months with just a passport. A police check is a new requirement in Colombia for most visa types, and was only imposed since the new resolution of October 2022.

As far as the Cancilleria or immigration having this information, unless there is an outstanding warrant, no. That is why they now ask for the police report as part of the visa process.

I'm not sure why this post has been revived after 2 yrs, but as a retired Brit Cop, this story doesn't ring true, one minute he's talking about Cautions, and that he's only had cautions, the next he was talking about Criminal Convictions, a totally different league.

However Cautions last for 6yrs for an adult, 2yrs for a person 18yrs and under. The concern for this Bloke, is that unless the Caution was expunged from Police Records, for a Visa check, unless you over a certain age, which I believe is still 100yrs that information will be divulged, even if it has been dormant for years. It's then up to the Country issuing the visa if they wish to take that into consideration.

There is a forum called BritishExpats.com that you will have a much better chance of getting an answer to your questions. I used them extensively when applying for my wife's visa for the USA. I recall many posts with people who had issues "similar" to yours.

Good luck,

I have a midemeanor driving offense in the US from 12 years ago. My present group of attorneys say this is a big problem and am not likely to be granted the Pension Visa in this case. I also have certified documents from Arizona where the offense was commited saying that any and all penalties were satisfied. Nevertheless, the black cloud still hangs over my head with the aire of uncertanty. I am 76 and have a good Colombian friend here who wants me to stay as well as do I. I just started a 90 day extension and do not want to have to go back to the US. I also speak, read and write good Spanish. Any help I can get..........

Patricia Crabtree

Have your group of attorneys explain why a minor driving offense long settled from 12 years ago, would matter at all when #2 of this document mentions only the last 3 years...

https://www.cancilleria.gov.co/v/pensionado

If they can't explain that I would get an honest attorney if you can find one.  Frankly I think they think they've got a live one on the line.  I do not know about all the countries in the world but I really doubt there are any who care about a minor driving offense from 12 years ago that has been satisfactorily settled.

They explained that anything but a clean record could be rejected. Now my FBI report is more than 90 days old and they say I have to get a new one and one that searches for less time.

@crabpc19481 get a police check done and see if it shows up simple solution

They usely only go back 5 years

Also you can get a lawyer to.get.the charge expunged from.the records if necessary

It all depends what the police report sys.

Dont open a can of worms by showing the pardon.letters..a misdimeanor..i.e.d,u.i.. or hit and run would get you barred from a visa in most countries

In Arizona, even a midemeanor offense shows on your record indefinitely. It did not affect my teaching certificate in any way nor to get a finger print clearance card for public education. Then again,  it still shows as a midemeanor offense DUI on the FBI report as indicated by the state in Feb. of 2009. There were no complications and I was already in my garage when a local police pulled in behind be. I have a certified report from the local police that says that any and all penalties were long since satisfied. My legal team says that I now have to get a new FBI report as the one provided is now more 90 days old and the local report can't be used. This has me pretty stressed out. I have just started a 90 day extension to stay in Colombia. I need to have this resolved and get my visa before the end of my extension,

Patricia Crabtree

Have you considered just spending no more than 183 days in Colombia in any given 365 day period, because over 183 days there makes you a tax resident - and many US residents who pay no Federal tax at all in the US, find they owe a not inconsiderable  amount in Colombia on the same income?

Not an option; I need all or nothing at all. I pay no tax anyway as I only have SS income, which puts me in a no tax bracket.

@crabpc19481 just get.a 90 day extension, if you have only been here 90 so far like everyone does.

You could have easily gotten 180 days in 2024 if you planned it right abd left at end of December and came back  in January

You wont get a visa in the required time even if you have all the paperwork right.

They are suposed to do it in 1 month but sometimes sit on it for 2 or 3 months.

Mine has been with the Cancilleria now for almost 3 weeks and havent heard a peep.

They usually come back on the last day with dumb questions or unreasonable requests.

It is what it is.

Forget what I said..see you just started your 90 day extension.

Better get your record fixed. I have lived and worked in 9 different countries and I can tell you a DUI on your police record is a deal breaker as far as visa approvals.

    Not an option; I need all or nothing at all. I pay no tax anyway as I only have SS income, which puts me in a no tax bracket.        -@crabpc19481

Yes, you don't pay tax in the US - but you will pay tax in Colombia.  Unless your SS income is below about $15K USD per year, then you're good to go!

The 19% tax rate starts for anything over about 60 million pesos of income a year.  That's a bit over $15,000 USD and it quickly jumps to 28% starting around $17,000 USD of income per year, and then to 33%.

https://en.wikipedia.org/wiki/Taxation_in_Colombia

@OsageArcher

The tax on actual pension income is contentious, espescially with the new reforma pensionada modifying Ley 100.

Rumor had it.that all qualifying pensions up to over 46 million ( cant remember thr number) or almost $11000 a month would be tax free.

But now there is debate in congress whether this is.per month or year...if you can believe that

And for anything over $15000 a year that is non pensión income, you could say she is most legally required to pay taxes in Colombia, espescially since she pays no taxes in the US to offset them.

Whether she actually pays anything is up to her and her accountant IF she chooses to employ one.

@nico peligro my husband has a felony on his record from years ago. Is that gonna preclude him applying for a visa to stay longer or even to stay 90

days   The felony is from 45 years ago so we were just wondering if that’s gonna hurt us or not thank you

@HutchX2020 Not required for Marraige visa. Neither is healthcare policy

Is required for pensionada, Rentista and pretty sure for Digital Nomad  visa

@crespobrenda

marraige visa doesnt require a criminal record check

And dont worry about the Cancillería checking..they are apparently " too busy" and the only place they could easily check is for a Colombian Certificado de Antecedentes Penales which only covers criminal activiity in Colombia

@crespobrenda definitely wont stop him getting a 90 day extension either

@nico peligro Yes, that is what I have found too.  Arizona will not take any offense off my record, even a misdemeanor driving offense from 15 years ago, nor will he FBI.

Even if all penalties have been long since satisfied.

I would seriously doubt that Colombia is concerned with a misdemeanor driving offense, or the FBI for that matter.

elp

@nico peligro thank you!

@Lpdiver

For DUI?

You better believe it they woud be.

Any country that asks for a police report for aVisa you would be blocked

I have had Visas in Trinidad, Kazakhstan, Venezuela, Saudi Arabia, Russia and Colombia

If it says "DUI" on your police report you are SOL in any of those countries

Possiby if it is worded as "Traffic Misdemeanor" you might POSSIBLY get away in some  of these countries, if you bribed the right people, apart form KSA.

And my experience with the Cancilleria is they are using the excuse that they are "overworked" to throw obstacles and delay or deny a visa for any reason

Langon has agreed with me my latest visa application is "perfect", espescially given my previous 5 sucsessfl applications, But I am still getting ridiculous incompetent requests (i.e for documents already submitted) and delays from the Cancilleria.

Personally, I am 100% in agreement with what the lawyers told Ms. Crabtree.

I guess she can stll try anyway.