ILLEGAL STAY OF FOREIGN NATIONALS IN BOLIVIA: LEGAL CONSEQUENCES

VIOLATION DUE TO IRREGULAR STAY IN BOLIVIA

An irregular stay in Bolivia is classified as a serious administrative immigration offense. As such, authorities may impose a fine of up to 12 UFVs (Twelve Housing Development Units) per day of irregular stay, or issue a temporary mandatory departure order valid for three (3) years. It is important to note that violations may be sanctioned even in the absence of malicious intent; omission or negligence alone may be sufficient for penalties.

HOW THE MANDATORY DEPARTURE PROCESS BEGINS IN BOLIVIA

The General Directorate of Migration (DIGEMIG) is the competent authority to order the mandatory departure of a foreign national. This process is carried out through an administrative procedure and begins with a duly substantiated Administrative Resolution instructing the individual to leave the country.

RIGHT TO APPEAL A MIGRATION DEPARTURE ORDER IN BOLIVIA

Once the mandatory departure resolution is issued, the affected individual must be legally notified. From the date of notification, the person has three (3) business days to file a revocation appeal before the same authority that issued the resolution. This right ensures the individual’s access to due process.

GROUNDS FOR CANCELLATION OF LEGAL STAY IN BOLIVIA

A common reason for the cancellation of legal immigration status is the unjustified failure to comply with a prior order to regularize immigration status. Such non-compliance constitutes a serious offense that may directly result in a mandatory departure order. The same measure can also apply in other cases of serious or extremely serious violations, as determined by the administrative authority.

For example, if a person enters Bolivia legally on a tourist visa but remains in the country beyond the authorized period without requesting an extension or change of status, DIGEMIG may issue a notice requiring regularization within a set timeframe. If the foreign national fails to take justified action within the deadline, they commit a serious violation, which may result in the cancellation of their legal status and an administrative resolution ordering their mandatory departure.

DEADLINE TO LEAVE BOLIVIA AFTER A MANDATORY DEPARTURE ORDER

Once the resolution is notified, the foreign national has a maximum of fifteen (15) business days to leave the country. This time allows for logistical coordination and voluntary compliance, thereby avoiding immediate forced deportation, except in exceptional circumstances.

WHO COVERS TRANSPORT COSTS FOR MIGRATORY DEPARTURE IN BOLIVIA

Transport operators are responsible for covering the travel costs of the foreign national to their country of origin, the last country of departure, or a third country that accepts them. This process must be coordinated with DIGEMIG to ensure compliance with legal standards and human rights protections.

RE-ENTRY BAN TO BOLIVIA: DURATION

Mandatory departure also carries a re-entry ban to Bolivian territory. This may be temporary or permanent, depending on the severity of the underlying violation. The duration is determined by a specific administrative resolution issued by DIGEMIG.

FINES FOR IRREGULAR STAY IN BOLIVIA

In some cases, immigration violations may be penalized with fines instead of mandatory departure. However, failure to pay such fines may lead to a temporary mandatory departure order. DIGEMIG also has the authority to forgive certain fines, formalized through an administrative resolution.

In summary, remaining in Bolivia without legal immigration status constitutes an administrative offense with serious legal consequences. The immigration authority may impose fines, order mandatory departure, and restrict re-entry based on the gravity of the violation and the applicable legal procedures.