Guide contents
Quick answer: sponsoring a foreigner's M worker visa is not just signing a letter. Under article 74 of Resolution 5477 of 2022, the company must show average monthly income of 100 minimum wages with bank statements from the last four months, which in 2026 equals COP 175,090,500 per month. It must also explain in writing why it is not hiring a Colombian, commit to paying the foreigner's return to their country and report any change. If it fails to comply, it faces Migración Colombia investigations and fines of up to 2,631.30 UVT. All of this is assessed by an authority with discretionary power that looks at the national interest.
The 100 minimum wages: how much money it really is
Article 74 requires "bank certifications or statements in the employer's name for the last four (4) months" showing "average monthly income of one hundred (100) current legal monthly minimum wages". With the 2026 minimum wage (COP 1,750,905, Decree 1469 of 2025):
| Item | 2026 value |
|---|---|
| 100 SMMLV (required monthly average) | COP 175,090,500 |
| Total income 4 months of statements must reflect (at the minimum average) | COP 700,362,000 |
| Equivalent annual income | COP 2,101,086,000 |
This is not the account balance but the average monthly income shown in the employer's statements. In practice, this leaves out most micro-businesses and many startups that would like to hire a foreigner. For the V visa for service providers, work or project, the requirement is the same 100 SMMLV average, but with certifications for the last six months (art. 54).
Justifying why it is not hiring a Colombian
The employer's motivation letter must include the foreigner's suitability, the duties they will perform, the number of direct jobs the company generates and, above all, "the reasons why a Colombian citizen is not hired for that activity" (art. 74). It is the core question of every work visa: what does this foreigner bring that the Colombian labor market does not offer?
A generic letter ("they are the best candidate") is usually insufficient. Strong letters explain the specialized knowledge, language, international experience or technology transfer that justify the hire, and connect it with the jobs the company creates for Colombians.
The national interest and discretionary power
Resolution 5477 defines the visa as a "sovereign and discretionary act of the national Government" that "does not constitute a right of the applicant" (art. 3). Article 19 allows the authority to request additional documents and conduct interviews when needed to define "whether that activity is in the national interest". If the application does not fully meet the requirements, approval "shall be at the discretion of the Visa and Immigration Authority".
In practice, even if the company meets every formal requirement, Cancillería may request more information or deny the visa, and no appeals are available against that denial (art. 100). The size of the company, its real activity, its social security contributions, the consistency between the position and the profile, and the national employment it generates all weigh on the decision.
The responsibilities the company assumes
| Commitment | Basis |
|---|---|
| Comply with Colombian labor law for the foreign worker (contract, salary, benefits and social security) | Art. 66 |
| Pay the foreigner's return expenses to their country of origin | Art. 66, paragraph; art. 32.1.c ("guarantee the return") |
| Report in writing any change in the employment relationship, position or type of work | Art. 82 |
| Notify the Visa Authority of any change of circumstances as soon as it occurs | Art. 3 ("change of circumstances") and art. 32.1.e |
| Sign the contract summary form together with the foreigner | Art. 74 |
| If the profession is regulated, process the professional council permit or license with the worker | Art. 74 |
| Report the hiring and termination in Migración Colombia's SIRE within 15 calendar days | Res. 2357 of 2020 |
The work visa is only for your company
The work permit of the M worker visa is limited to the position, entity, profession or activity for which it was granted (art. 74). The worker cannot use it to work for another company, not even part-time. If they change employer or position, they need a new visa, and the company must report the change. It is valid for up to three years and allows visas for beneficiaries.
For the company, this means it cannot "lend" the worker to another company in the group or change their duties without reviewing their immigration status.
What happens when the company does not comply
Many companies sponsor the visa and then forget the obligations: they do not report in the SIRE, do not report the end of the contract, change the position without notice or do not pay the return. This exposes them to Migración Colombia investigations and administrative penalty proceedings. Resolution 2357 of 2020 classifies the following, among others, as moderate violations:
- Hiring, contracting or allowing a foreigner to work without meeting immigration requirements, or facilitating their irregular stay.
- Failing to report the hiring, termination or end of work within 15 calendar days.
- Facilitating visas through sham contracts.
- Failing to pay the return expenses of the foreigner, and of their family where applicable, when the contract ends or when the visa is cancelled or the foreigner is deported or expelled.
The fine for a moderate violation ranges from 105.25 to 2,631.30 UVT, that is, roughly COP 5,512,364 to COP 137,811,706 with the 2026 UVT of COP 52,374. It can be aggravated based on the number of foreigners hired (art. 22), and accumulating two or more financial penalties in the same calendar year is a serious violation. In addition, a record of non-compliance weighs on future visa applications the company wants to sponsor.
Reporting details in our guide hiring foreigners: SIRE and obligations.
Health coverage: what must be in place
When hiring the worker, the company must enroll them in social security like any other employee (art. 66: labor law). For other categories, the rule also requires a policy: the V visa for service providers, work or project requires "health insurance with coverage in Colombia for the duration of the stay" (art. 54). In all cases, the worker and their family must be protected from day one, including while enrollment takes effect and for beneficiaries who come with them.
Checklist before your company sponsors a visa
- Do your statements from the last 4 months show average income of at least 100 SMMLV per month (COP 175,090,500 in 2026)?
- Can you explain with facts why that position is not filled by a Colombian?
- Does the foreigner's profile (degree, experience or license) exactly match the position?
- Are you willing to pay for their return when the relationship ends?
- Do you have someone responsible for reporting in the SIRE and notifying the authority of any change?
- Will you enroll the worker in social security and have their health covered from day one?
- Do you understand that the visa only authorizes them to work for your company and in that position?
If the answer to any of these is "no", it is wise to get professional advice before filing: a denied application cannot be appealed and leaves a record for the next one.
Frequently asked questions
How much money must a company show to sponsor a work visa in 2026?
Average monthly income of 100 SMMLV in the statements of the last four months (art. 74 of Resolution 5477 of 2022). In 2026 that is COP 175,090,500 per month, about COP 700 million over the four months.
Must the company explain why it is not hiring a Colombian?
Yes. The employer's motivation letter must set out the reasons why a Colombian citizen is not hired for that activity, in addition to suitability, duties and the direct jobs the company generates.
Who pays the foreigner's return when the visa ends?
The company. It commits to the Government to pay the return expenses to the country of origin (art. 66, paragraph), and failing to do so is a moderate violation under Resolution 2357 of 2020.
Can a worker with one company's visa work for another?
No. The work permit is limited to the authorized position, entity and activity. To work for another company they need a new visa.
What fine does a company risk for not reporting a foreigner?
Failing to report the hiring or termination within 15 days is a moderate violation: 105.25 to 2,631.30 UVT, roughly COP 5.5 million to COP 137.8 million in 2026.
If the company meets every requirement, is the visa guaranteed?
No. The visa is a sovereign and discretionary act, and the authority can assess whether the activity is in the national interest (arts. 3 and 19). No appeals are available against a denial.
Which financial documents does Cancillería request from the company?
Bank certifications or statements in the employer's name for the last four months showing average monthly income of one hundred minimum wages (article 74).
How much must four months of income add up to in 2026?
An average of COP 175,090,500 per month, that is, around COP 700 million over the four months, with the 2026 minimum wage of COP 1,750,905.
What must the employer's motivation letter include?
The foreigner's suitability, the duties they will perform, the number of direct jobs the company generates and the reasons why a Colombian citizen is not hired (article 74).
Is the work visa a right of the foreigner?
No. Resolution 5477 defines the visa as a sovereign and discretionary act of the Government that does not constitute a right of the applicant (article 3).
What does it mean that the visa is assessed by national interest?
That the authority can request additional documents and conduct interviews to define whether the activity is in the national interest (article 19).
Which labor rules must the company follow with the foreigner?
The same as with any worker in Colombia: contract, salary, benefits and social security (article 66).
Which changes must the company report?
In writing, any change in the employment relationship, the position or the type of work (article 82), and generally any change of circumstances of the visa.
How long does the M worker visa last?
Up to three years, and it allows visas for beneficiaries.
Can the worker work part-time for another company?
No. The work permit is limited to the position and entity for which it was granted (article 74), not even part-time.
What should the company verify about the foreigner's profile?
That their degree, experience or professional license exactly matches the position they will hold.
What happens if the company forgets its obligations after the visa?
It is exposed to Migración Colombia investigations and administrative penalty proceedings for not reporting in the SIRE, not reporting the termination or not paying the return.
Does the foreign worker need a health policy?
As an employee, they must be enrolled in social security. For the V visa for service providers, health insurance with coverage in Colombia for the duration of the stay is also required (article 54).
What if the company does not reach 100 SMMLV?
It does not meet the article 74 requirement for the M worker visa. Review with an immigration lawyer whether another visa category fits the case.
Must the company report the worker in the SIRE?
Yes, the hiring within 15 calendar days and the termination within the same term, under Resolution 2357 of 2020.
Official sources: Resolution 5477 of 2022, arts. 3, 19, 32, 54, 66, 74, 82 and 100 · Migración Colombia Resolution 2357 of 2020, arts. 15 and 22 · 2026 minimum wage: Decree 1469 of 2025 · 2026 UVT: DIAN Resolution 000238 of 2025. Informational content; not legal advice.
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