Venezuela: Requirements and procedures to re-enter Venezuela after travelling abroad; treatment of Venezuelans who have travelled abroad, including those who have sought asylum (2017-October 2019) [VEN106367.E]

Research Directorate, Immigration and Refugee Board of Canada

1. Overview

The Regional Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela, an inter-agency website managed by the International Organization for Migration (IOM) and the UNHCR that aims to address "the protection, assistance and integration needs of both refugees and migrants from Venezuela in affected Latin American and Caribbean states," estimates that, in September 2019, there were approximately 4.3 million Venezuelan refugees and migrants worldwide [1], approximately 2 million of whom had a residency permit, and 650,606 who had made a refugee application (UN n.d.).

2. Procedures to Re-Enter Venezuela
2.1 Passports and Travel Documents

Sources indicate that Venezuelans with dual citizenship must enter and depart Venezuela as Venezuelans (Venezuela 2004, Art. 7) or using a Venezuelan passport (US 17 May 2019). In a telephone interview with the Research Directorate, the coordinator of the Venezuelan Diaspora Observatory (Observatorio de la Diáspora Venezolana) [2] stated that a Venezuelan "must have a non-expired passport to enter. Many people don't return [to Venezuela] because" their passport is expired and the cost to replace or renew it is "prohibitive" (Observatorio de la Diáspora Venezolana 3 Oct. 2019). The US Department of State's Country Reports on Human Rights Practices for 2018 indicates that "[s]ome applicants reportedly paid several thousands of U.S. dollars to obtain a [Venezuelan] passport" (US 13 Mar. 2019, 22). The Canadian government's travel advice for Venezuela indicates that

[i]t is very difficult to obtain a new Venezuelan passport or to extend an expired passport, due to the shortage of passport materials. If [a Venezuelan] enter[s] Venezuela with an expired Venezuelan passport, authorities may not stamp [the] travel documents upon entry. This may lead to difficulties when exiting the country. (Canada 22 Aug. 2019)

Sources indicate that the National Assembly of Venezuela passed a decree to extend the validity of expired passports for an additional five years (The National Law Review 22 June 2019; Proyecto Migración Venezuela 17 July 2019). The website of Immigration, Refugees and Citizenship Canada (IRCC) indicates that Canada recognizes the National Assembly decree of 7 June 2019, and that "Venezuelan passport holders wanting to travel to or stay in Canada can now continue to use their passport if it expired less than 5 years ago or will soon expire" (Canada 19 Aug. 2019). However, the Venezuelan-American Chamber of Commerce of the United States indicates that the Administrative Service for Identification, Migration and Foreigners (Servicio Administrativo de Identificación, Migración y Extranjería, SAIME), the government agency responsible for issuing identity documents and managing migration flows (Venezuela n.d.a), does not recognize the extension and does not allow Venezuelans to leave the country if their passports are expired (Venezuelan-American Chamber of Commerce of the United States 1 Aug. 2019). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the coordinator of the Venezuelan Diaspora Observatory, "Venezuelans looking to re-enter [Venezuela] with an expired passport must apply for a one-page emergency travel document from the consulate" (Observatorio de la Diáspora Venezolana 3 Oct. 2019). The website of the embassy of Venezuela in Peru indicates that travel documents or laissez-passers are available for Venezuelans returning to Venezuela whose passports have been lost, stolen, damaged or expired (Venezuela 4 Sept. 2019). Applicants must provide the original and a copy of the police report (if applicable), original and copy of the airfare, two copies of the national identity card, two copies of the passport, and a photograph (Venezuela 4 Sept. 2019). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.2 Re-Entry at Airports

The website of the Simón Bolívar International Airport indicates that when arriving to Venezuela by air, passengers receive an Andean Migration Card (Tarjeta Andina de Migración), which they must complete and present at the migration kiosk (Venezuela n.d.b). If the passenger is Venezuelan with an electronic passport, they can go directly to the automatic immigration control doors (Venezuela n.d.b). After completing the migration process, passengers collect their luggage (Venezuela n.d.c) and go through customs presenting a duly completed customs declaration form (Registro y Declaración de Aduanas para Equipaje) (Venezuela n.d.d). Further information on procedures for re-entry at airports could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Treatment in Venezuela of Venezuelans Who Have Travelled Abroad or Sought Asylum Abroad

Information on the treatment in Venezuela of Venezuelans who have travelled abroad or sought asylum abroad was scarce among the sources consulted by the Research Directorate within the time constraints of this Response. According to the coordinator of the Venezuelan Diaspora Observatory, if a person has spoken out against the government, participated in anti-government protests, or belongs to a known political opposition group, "there is a risk of imprisonment, persecution and enforced disappearance upon [their] return" to Venezuela (Observatorio de la Diáspora Venezolana 3 Oct. 2019). He also indicated that another "problem" upon return is if the person spoke out against the government or "criticize[d] the government [while] seeking asylum" (Observatorio de la Diáspora Venezolana 3 Oct. 2019). According to a protection monitoring report by the UNHCR on the situation in Venezuela, based on 7,846 interviews covering 19,670 individuals and conducted between January and June 2019, with Venezuelan refugees and migrants in Colombia, Ecuador, Peru, Brazil, Chile, Uruguay, Dominican Republic, and Argentina, when asked about the risks they could face if they returned to Venezuela,

respondents most often cited a combination of potential risks, including violent incidents they feared could affect them personally, their families, or their communities. They also referred to serious obstacles to achieving a minimum standard of living, including access to health, food and labor. (UN July 2019, 4-5, 26)

According to US Country Reports 2018, "[s]ome human rights activists reported [that] authorities barred them from traveling abroad or that they feared not being able to return to the country if they traveled" (US 13 Mar. 2019, 26). Without providing further details, the same source states that "[t]he government repeatedly seized passports from journalists, members of the opposition, and National Assembly deputies at ports of entry without explanation as they attempted to depart the country" and that there were cases of citizens denied the right to return to Venezuela (US 13 Mar. 2019, 22). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In correspondence with the Research Directorate, a representative of the IOM in Venezuela indicated that they were not aware of different treatment for Venezuelans who have sought asylum in comparison to other types of returnees (UN 15 Oct. 2019).

3.1 Situation of Returnees

The coordinator of the Venezuelan Diaspora Observatory stated that those who return to Venezuela but who are not pursued by the government are still subject to current country conditions, including inability to find employment, low wages, and lack of food, water and electricity (Observatorio de la Diáspora Venezolana 3 Oct. 2019). The IOM representative similarly indicated that

[d]ue to the deteriorating socioeconomic situation of the country it is not easy for returnees to start again, the situation has not changed concerning the deteriorated socioeconomic conditions: hyperinflation, a collapse of real salaries, shortages of food and basic services such as water, electricity, transport and urban services, and security. (UN 15 Oct. 2019)

Further information on the situation of returnees could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Government Repatriation Plan

The website of the Venezuelan Ministry of Foreign Affairs indicates that in August 2018, the Maduro government introduced the Return to the Homeland Plan (Plan Vuelta a la Patria) which "established an air and land bridge for the voluntary return of those who migrated to other countries" (Venezuela 14 Apr. 2019). On 21 September 2019, the same source indicated that, under this Plan, 15,656 people have returned from Brazil, Peru, Ecuador, Colombia, Dominican Republic, Argentina, Chile, Panama and Uruguay, and that there are "more than 50 thousand registered" to return (Venezuela 21 Sept. 2019).

The website of the Venezuelan Ministry of Foreign Affairs indicates that

[t]here is no precondition or special requirement, except being Venezuelan. Health cases, pregnant women, children and older adults are prioritized.

To apply in the Plan Vuelta a la Patria, it is necessary to go to the corresponding Embassies or Consulates and formalize the registration with updated and truthful information on the situation [of the national].

Subsequently, the check-up meetings convened by the diplomatic missions must be attended.

Once in Venezuelan territory, the mission system will monitor the person or family group, to facilitate their effective and rapid reintegration into society. (Venezuela 21 Sept. 2019)

The same source indicates that those who return under the Plan "have the possibility of being reinserted in the labor and educational field [and that] they will have all the benefits offered by [President Maduro], through the Carnet de la Patria [Homeland Card]" (Venezuela 12 May 2019). For information on the Homeland Card, see Response to Information Request VEN106113 of May 2018.

Sources categorized the Return to the Homeland Plan as "propaganda" (Observatorio de la Diáspora Venezolana 3 Oct. 2019; El Nacional 30 Dec. 2018; ABC 13 Sept. 2018). El Nacional, a Caracas-based newspaper, quotes Carlos Valero, a member of the National Assembly who is member of the Foreign Policy Commission, as indicating that the number of returnees under the Plan represent 0.3 percent of the number of Venezuelans living abroad (El Nacional 30 Dec. 2018). Similarly, the coordinator of the Venezuelan Diaspora Observatory indicated that the Plan "has only repatriated a small fraction" of the "millions" of Venezuelans who have left the country (Observatorio de la Diáspora Venezolana 3 Oct. 2019).

Further information on reintegration programs under the Return to the Homeland Plan could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. For additional information on access to services and benefits available to returnees, see Response to Information Request VEN106031 of January 2018.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The Regional Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela indicates that "[t]his figure represents the sum of Venezuelan migrants, refugees and asylum-seekers reported by host governments. It does not necessarily imply individual identification, nor registration of each individual, and may include a degree of estimation, as per each government's statistical data processing methodology. As numerous government sources do not account for Venezuelans without a regular status, the total number of Venezuelans is likely to be higher" (UN n.d.).

[2] In previous correspondence with the Research Directorate, the Venezuelan Diaspora Observatory (Observatorio de la Diáspora Venezolana) coordinator indicated that he operates a research group called "Voice of the Venezuelan Diaspora" (La voz de la diáspora venezolana) which uses questionnaires, in-depth interviews and focus groups, among other methodological approaches, and works with universities and organizations of Venezuelans throughout the world (Observatorio de la Diáspora Venezolana 19 Dec. 2017).

References

ABC. 13 September 2018. Pao Ugaz. "Canciller de Perú: 'Repatriación de venezolanos es propaganda del Gobierno de Maduro'." [Accessed 3 Oct. 2019]

Canada. 22 August 2019. Travel.gc.ca. "Venezuela." [Accessed 3 Oct. 2019]

Canada. 19 August 2019. Immigration, Refugees and Citizenship Canada. "Canada Recognizes the Extension of Validity of Venezuelan Passports." [Accessed 8 Oct. 2019]

El Nacional. 30 December 2018. "Valero: Cifras del Plan Vuelta a la Patria quieren ocultar la migración." [Accessed 3 Oct. 2019]

The National Law Review. 22 June 2019. Sarah E. Amendola. "United States Recognizes Venezuelan National Assembly Decree Extending Validity of Venezuelan Passports." [Accessed 8 Oct. 2019]

Observatorio de la Diáspora Venezolana. 3 October 2019. Telephone interview with the coordinator.

Observatorio de la Diáspora Venezolana. 19 December 2017. Correspondence from the coordinator to the Research Directorate.

Proyecto Migración Venezuela. 17 July 2019. "¿Puedo entrar a Colombia con mi pasaporte venezolano vencido?" [Accessed 8 Oct. 2019]

United Nations (UN). 15 October 2019. International Organization for Migration (IOM). Correspondence from a representative to the Research Directorate.

United Nations (UN). July 2019. UN High Commissioner for Refugees (UNHCR). Protection Monitoring: Venezuela Situation. Update No. 1, January-June 2019. [Accessed 9 Oct. 2019]

United Nations (UN). N.d. Regional Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela. "Refugees and Migrants from Venezuela." [Accessed 8 Oct. 2019]

United States (US). 17 May 2019. Department of State, Bureau of Consular Affairs. "Venezuela." [Accessed 21 Jan. 2020]

United States (US). 13 March 2019. Department of State. "Venezuela." Country Reports on Human Rights Practices for 2018. [Accessed 3 Oct. 2019]

Venezuela. 21 September 2019. Ministerio del Poder Popular para Relaciones Exteriores. "Plan Vuelta a la Patria Continues with Almost 16,000 Returnees so Far." By Simon Garcia. [Accessed 3 Oct. 2019]

Venezuela. 4 September 2019. Embassy of Venezuela in Lima, Peru. "Documentos de viaje." [Accessed 3 Oct. 2019]

Venezuela. 12 May 2019. Ministerio del Poder Popular para Relaciones Exteriores. "Venezuelans Return to the Homeland to Face the Economic Blockade." By Simon Garcia. [Accessed 3 Oct. 2019]

Venezuela. 14 April 2019. Ministerio del Poder Popular para Relaciones Exteriores. "Plan Vuelta a la Patria: Social Policy for the Benefit of the Venezuelan People." By Simon Garcia. [Accessed 3 Oct. 2019]

Venezuela. 2004. Ley de Nacionalidad y Ciudadanía. [Accessed 9 Oct. 2019]

Venezuela. N.d.a. Servicio Administrativo de Identificación, Migración y Extranjería (SAIME). "Misión." [Accessed 21 Jan. 2020]

Venezuela. N.d.b. Instituto Aeropuerto Internacional de Maiquetía (IAIM). "Migración." [Accessed 27 Sept. 2019]

Venezuela. N.d.c. Instituto Aeropuerto Internacional de Maiquetía (IAIM). "Equipaje." [Accessed 27 Sept. 2019]

Venezuela. N.d.d. Instituto Aeropuerto Internacional de Maiquetía (IAIM). "Aduana." [Accessed 27 Sept. 2019]

Venezuelan-American Chamber of Commerce of the United States. 1 August 2019. Morella Salazar Dager. "Aceptación de pasaportes venezolanos vencidos en el exterior." [Accessed 8 Nov. 2019]

Additional Sources Consulted

Oral sources: Foro Penal; immigration lawyer and professor at an American university; International Crisis Group; lawyer practicing immigration and family law; South American Initiative; Venezuela – embassy in Ottawa, Ministry of the Interior; Vision Democrática; Washington Office on Latin America.

Internet sites, including: Amnesty International; Brookings Institution; Caracas Chronicles; CNN; Diario Las Américas; Foro Penal; International Crisis Group; Médecins sans frontières; Observatorio de Derechos Humanos de la Universidad de los Andes; Organization of American States – Inter-American Commission on Human Rights; PanAm Post; Perfil; Refugees International; Reuters; UN – Refworld, ReliefWeb; Washington Office on Latin America.

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