Correction: Colombia does not have birthright citizenship and seems to be trying to avoid letting Venezuelans get it

 In the Western Hemisphere, birthright citizenship is close to universal. I thought that this included the Republic of Colombia, as did the author of this article in the Harvard Human Rights Journal. 

But it turns out that Colombia is an exception. But it is not clear-cut. Here is Article 96 of the 1991 Constitution:

Article 96. Colombian nationals are:

1. By birth: 

(a) Natural-born Colombians, under one of two conditions: that the father or mother were natural-born or nationalized Colombians or that, being children of foreigners, one of their parents were domiciled in the Republic at the moment of birth.

(2) The children of a Colombian father or mother who were born overseas and later domiciled in Colombian territory or registered in a consular office of the Republic.

So what is the definition of the word “domiciled”?

Colombian jurisprudence has held that “domiciled” does not mean “resident.” A 1993 law made it more specific: “Residence is understood as residence in Colombia accompanied with the intention to remain in the national territory according to the relevant stipulations of the civil code.”

Or, if that wasn’t clear: if you don’t have legal permission to reside in Colombia, then your Colombian-born children don’t automatically get Colombian citizenship.

Specifically, if you want your kids to be natural-born Colombians, then you need to have a type R resident visa; a type M work, marriage, partnership or business visa or a type TP3, TP4, TP5, TP7, TP9, TP10, or TP15 temporary visa. Now, in case you were wondering, it turns out that refugees qualify for a TP9 visa. (The link explains all the TP visa types.)

But here is the rub. Decree 1288 granted some sort of permanent status to 442,462 Venezuelan refugees, on top of the 380,000 who had already gotten legal status. Holders of the new status can work in Venezuela and access public services. 

The Venezuelans do not get TP-9 visas. Rather, according to Article 2 of the implementing regulation, they get a two-year renewable something “issued in order to authorize the stay of Venezuela nationals who find themselves in the national territory without the intent to settle permanently, which is why it is not equivalent to a visa.”

This strikes me as a bad idea. I understand why the Colombian authorities want to pretend that the Venezuelans will all go home soon. But that is a bad bet. It is hard to imagine that granting TP-9 visas instead of the temporary whatever-it-is would engender that big an outcry. But it would at least insure that you avoid creating an underclass should things not work out and the millions of Venezuelans wind up staying in your country.

Unless there is some legal requirement at work, Colombia really should change this policy. As insurance for their own future. Because some eggs cannot be unscrambled, and the great Venezuelan exodus is beginning to look like one of them. 

Comments

[J.H.]

Hmmm...I'm not getting a link to the implementing regulation. Is something wrong with it?

[Tudor Quasar]

Indeed, Columbia doesn't offer birthright citizenship and it's one of the few exceptions in the Americas.

Here are the list of countries that have Jus Soli: birthcitizenship.com/countries/