Leonardo Reyes – Associate

On May 12, the Andean Community countries decided to approve the Andean Migratory Statute, which regulates the community right of movement and establishes temporary and permanent residence for Andean citizens and their families, as well as permanent extra-community residents in Bolivia, Colombia, Ecuador and Peru.

Here are what we consider the most relevant points of the Statute:

1. Rights

– The Member Countries recognize that no person will be subject to criminal sanctions due to their immigration status. All immigration offenses will be administrative in nature.

– Family members who do not hold the nationality of one of the Member Countries will be issued a residence with the same validity as that owned by the person of whom they depend.

– Andean citizens with Andean Permanent Residence granted under the Statute will have the right, in accordance with the internal regulations of each Member Country, to vote.

– Andean citizens will have the right to freely transfer their income and personal savings to their country of origin or residence, in accordance with the internal regulations of each Member Country.

2. Residency

– Andean citizens may obtain a temporary or permanent residence to reside in a member country of the Andean Community other than their nationality. Said residence may be managed and approved at the consular headquarters of the country of destination, or failing that, if the person is in the country of immigration, they must process it before the competent immigration authority.

– As for the Andean Temporary Residence, it has several advantages compared to the one granted by the Mercosur Agreement. Andean citizens who obtain said residence may enter, leave, circulate and remain freely in the territory of the country of immigration. In the same way, they have the right to access any activity, both on their own account and on someone else’s account, under the same conditions as nationals of the receiving countries, in accordance with the legal regulations of each country.

– As for the Andean Permanent Residence, it grants the same rights to Andean citizens as the Andean Temporary Residence. However, this cannot be obtained without previously having the Andean Temporary Residence, and the process must be carried out within ninety (90) days before its expiration. In the event that the temporary residence authorization expires, without having initiated the procedures to obtain permanent residence, the Andean national will be subject to the internal migration legislation of the immigration country.

The Andean Migration Statute is currently in the process of regulation by the National Government of Bolivia for the application of said regulation within the national territory.