I wanted to post my recent experience with going over the 90 day tourist Visa to inform others curious about it.
I arrived June 29 with intent to obtain another Visa. Complications arose and my paperwork was missing Apostille. I was unable to get a different Visa and then needed to renew the Tourist Visa (PIP5).
Upon arrival, I was given 81 days. The reason is because I had made 2 separate short visits to Medellin for 5 days and 4 days. So 5+4+81 = max 90 days.
According to my math, I thought my last day would have been Tuesday, October 18. But later I learned that Migracion counts your first day in Colombia as 1 day, making Monday, October 16 my last day to renew. I made plans to visit Migracion office in Belen a week prior. But as of December 2015, they require you have an appointment, AND the earliest appointment you can reserve is 7 days after the phone call. In my timeline, Monday October 16 was a holiday, so even though I started making plans a week before, it was not enough lead time to schedule an appointment and account for holiday.
So advice #1 is you should call 2 to 3 weeks ahead and renew your tourist Visa a week before your expire date.
Advice #2 is that the money, time and energy for being 1 day past the tourist Visa is not worth it and so much easier and cheaper to renew your tourist Visa.
If you make a math mistake or just cannot renew your Tourist Visa, don't panic that you'll be deported or pay a stiff penalty. But your life could be more difficult.
Once past the expiration date, you are not illegal but rather "irregular" status. You will now be assed a fine. Having no previous fines or violations, I was assed the minimum fine of $380,000 COP (about $127). This amount increases $40,000 COP every month you remain irregular until you pay the fine and sign a waiver etc...
As of October, November and December 2016, the fee to renew your tourist Visa is only $87,000 COP. Another incentive to renew instead of paying fines in excess of $380,000 COP.
However, once you are irregular, it may be a better strategy to delay paying the fine and signing the paperwork. The reason is that once you pay the fine and sign the documents, you have 15 days to exit the country, regardless of how long you had been in Colombia prior. Even though you can achieve a maximum of 180 days on a Tourist Visa, the process requires you renew on time. Essentially, I had forfeited the the right to renew once I became irregular.
So if I had paid the fine on October 17 when I was one day irregular, and day 91 in Colombia, I would of had to exit the country by the first week of November and would not be able to return until January 1, 2017 to begin a new 90 day tourist Visa for a new calendar year.
Instead, it made more sense to remain in Colombia as irregular and wait until the end of December, to pay the fine ($380,000+40,000+40,000=$460,000) and exit the country.
You don't need an appointment with Migracion once you are irregular. So I arrived about 8:30am to begin the nightmare reconcilliation process.
I was seen about 915am by one man who confirms that yes, you are irregular and you must now wait to talk with the migracion lawyer. The woman lawyer is very cold and does not speak English. Only about 2 people are bilingual and very limited skill level.
At 930am the woman explains that she needs an hour to type of my formal charges and the computer system will calculate my fine. The paperwork for my charges was over 10 pages and all in Spanish. Essentially the documents identify me and explain the amount of the fine and that my only punishment is a financial fine, and a waiver that I have 10 days to contest in court.
Should you decide to not contest, you can pay with cash, credit card or bank transfer. After the lawyer processes payment, you must wait again in the lobby for your paperwork to go to another official. This lasted 2 hours. If someone goes to lunch or on break, nobody covers breaks and you are stuck waiting for them to return. They don't cross train either so if you are waiting on "Monica" to sign your papers, only she can perform the task.
I don't understand why but after the initial fine, I was assed a second fee of $53,000 COP as a short term special Visa for the 15 days afterwards for a document that I could show to government officials, law enforcement and Notaries. A gringo tax 100%. Why do I label it as such? Because I was never informed of this additional fee until after I paid the $460,000. Total bs.
While irregular, here are the complications and risks:
1) You cannot get Notaries to notarize legal documents. They will examine your passport, count the days and refuse you services unless you have proof that you paid the fine / Visa extension paperwork.
2) I was told by Migracion office that only Migracion can deport you, not law enforcement. As long as you are valid status. But once you are irregular, law enforcement has powers to deport you after breaking the law. This may include minor traffic violations.
On this note, I also understand that a drivers license is required after 90 days in the country. Between Oct 16 and end of december, I was at risk.
I have noticed that police increased random traffic stops after mid October, especially near the Lookout point (Mirador) off Las Palmas between San Diego mall and the piaje (toll booth).
In conclusion,
1) Renew your Tourist Visa early, at least 2 weeks prior to expiration.
2) Understand that once you are irregular by one day, it probably makes more sense to keep staying in Colombia to get value of the fine.
3) You can travel domestically without having a valid Visa. I went to Cartegena.
4) Hotels sometimes send reports to Migracion upon check-in. This is a sort of reporting system and strategy by Migracion.
Your experience may differ from mine. The laws and fines change frequently. I hope this helps at least one person.
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