Colombian Citizenship via Same-Sex De Facto Union: Not Currently Possible

No. As of 2024, Colombian law does not grant citizenship through a same-sex de facto union (unión marital de hecho) with a Colombian national.

Current Legal Framework

  • Constitution Art. 96: Citizenship by birth, adoption, or naturalization.
  • Law 43/1993 (Naturalization): Requires 5 years legal residence (2 years for Latin Americans/Caribbeans, 1 year for Spanish nationals) + Spanish proficiency + civic test + renunciation of prior nationality (except dual-allowed countries).
  • Same-sex marriage: Legal since 2016 (Constitutional Court Ruling SU-214). Spouses can apply for naturalization after 2 years residence (vs. 5) — but only if married, not de facto union.
  • De facto union (hetero or same-sex): Recognized for property, pension, health benefits — not for accelerated naturalization.

Pathways for Same-Sex Partners

  1. Marry in Colombia (or abroad, validated) → apply for resident visa (Type M) → 2 years residence → naturalization.
  2. Resident visa via investment/work/study → 5 years → naturalization.

Regional Context

  • Argentina, Uruguay, Brazil, Mexico, Ecuador, Costa Rica: Same-sex marriage = full spousal immigration rights.
  • Colombia: Marriage yes; de facto union = no immigration shortcut.

Advice: Consult Colombian Cancillería (Ministry of Foreign Affairs) or immigration lawyer. Laws evolve; Constitutional Court has expanded LGBT rights incrementally.

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