By: Andrés López Mérida
In Guatemala currently the national migration authority called Guatemalan Institute of Migration -IGM- (former General Direction of Migration of the Ministry of Interior) has issued a series of regulations where it has made modifications or reforms to the Agreements of the National Migration Authority -AMN- (public entity created by Article 116 of the same Migration Code) where relevant aspects of visas, residences and migratory status of the different categories of foreign migrants in Guatemala are regulated.
Within this regulation we can find the agreement of the AMN Number 3-2022 that regulates the Migratory Services Tariff of the Guatemalan Institute of Migration, also the Agreement of the AMN Number 4-2022 related to the Registration of the Ordinary Migratory Status of the Guatemalan Institute of Migration, and finally the Agreement of the AMN Number 5-2022 that develops the Issuance of Certifications and Certificates of the Guatemalan Institute of Migration.
Of these agreements, the most relevant aspects are related to the regulations of the activity of migrant workers in the country, as well as the rights and obligations of such foreign workers, and the need to know the necessary aspects for the entry, transit, stay and exit through the respective visas and permits.
Agreement 3-2019 regarding the Guatemalan Visa Regulations, regulates the different types of visas granted by the immigration authority in Guatemala, and for this purpose we can indicate that such regulation regulates the Guatemalan visa, which is the authorization that the State grants to foreign persons (regardless of their status) prior to their entry, transit, stay and exit from the national territory, The said visas that have been approved to foreigners do not imply the unconditional admission of the same in the Guatemalan territory, for the issuance of these visas may be made only in a valid travel document such as a passport or valid and current travel document, such passport must have a minimum of six months of validity.
Types of Guatemalan visas that exist and their categories
Guatemalan visas can be simple or multiple and will be issued by the Guatemalan Institute of Migration and consular authorities abroad, as appropriate, the simple visa will be valid for one entry and one exit of the national territory while the multiple visas will be valid to enter and exit the country for an indefinite number of times for a specified period.
The types of visas may be Consultation, tourist or traveler and consulted visas.
Regarding their classification, this is for reasons of national interest and in accordance with multilateral or bilateral agreements entered by the State of Guatemala, and classifies countries in categories A, B and C, for purposes of exemption and mandatory visa for entry into the national territory, and meet the following criteria:
- Category A: They belong to countries with which the State of Guatemala has visa waiver agreements, or those determined by the National Migratory Authority.
Example: Germany, Colombia, C.A. Countries.
- Category B: Countries whose nationals are required to have a consular visa, in accordance with the Guatemalan Migratory Policy.
Example: India, Jamaica, Tunisia.
- Category C: Belong to countries that prior to the issuance of visa to their nationals, it is mandatory to make prior consultation with the Guatemalan Institute of Migration, in accordance with the Guatemalan Migration Policy.
Example: Venezuela, Cuba, China.
The visas consulted for issuance in Category C will be known and authorized by the Subdirección de Extranjería del Instituto Guatemalteco de Migración. In addition, economic capacity, round trip transportation ticket from the country of origin, among others, must be proven.
Every foreigner who is processing a Guatemalan Residency before the IGM for work purposes, must request a visa to be able to leave and enter the Guatemalan territory during the processing of such residency, which may be simple or multiple, and will be valid for ninety (90) non-extendable days.
Who can be guarantor of a foreign worker?
According to Article 26 of the Agreement 3-2019 on guarantors, it indicates that for a Guatemalan or a Guatemalan legal entity to be a guarantor of a foreign person who wishes to acquire any of the ordinary statuses established in the Immigration Code, he/she must previously register before the Registry of Guarantors of the Guatemalan Immigration Institute.
In addition to their prior registration, they will have the obligation to update their data annually, be jointly and severally responsible for all expenses of stay, food, return, repatriation, and expulsion, report the death of persons with ordinary immigration status, notify change of immigration status or departure of the foreigner from the country.
The entities or persons acting as employers, upon termination of the labor relationship with the migrant worker, must give notice to the IGM for which they proceed with the cancellation of the visa and the person should leave the national territory within ten days after such cancellation, following the cancellation of the visa by the immigration authorities.
Types of residencies exist for migrant workers
Residency is the ordinary immigration status that allows foreign workers to stay in the country on a temporary or permanent basis, as required. Temporary residency for migrant workers may be granted for a period of one to five years, except for the
Temporary residence as a student, which will be granted for the duration of the school year or the duration of the corresponding university courses.
Temporary residences may be granted to workers, students, sportsmen, investors, ministers or religious, political, intellectual, or scientific asylum seekers, visa for Special Events (granted by the Ministry of Foreign Affairs), among others. The family nucleus of a migrant worker, i.e. blood relatives within the degrees of law, spouse or cohabitant of the migrant worker, must apply for temporary residence for the same term and in the same status as the main applicant.
On the other hand, permanent residence is granted to foreigners who have been temporary residents for a period equal to or greater than five years, and in case of marriage, they must prove that they have been married for one year or more or have declared their common-law marriage with a Guatemalan person, or it may be granted without establishing a term, but the foreigner must prove that he/she is a relative within the degrees of law of a Guatemalan person, proving the relationship (son, father, etc.).
All temporary or permanent residents must annually update the information contained in the residence records in charge of the Subdirección de Extranjería, this update includes submitting tax solvency to the Subdirección de Extranjería for the update of their registration.
Causes for cancellation or revocation of residency granted to foreigners by the Guatemalan Immigration Institute
The foreigner with an ordinary status in the national territory will lose the quality of resident for the following reasons:
- At the request of the interested party, having to present memorial with legalization of signature, indicating the reason that originates the request attaching receipt of payment.
- By court order.
- Unauthorized abandonment of the national territory for more than one year.
- Issuing or providing false information regarding his/her socioeconomic condition.
- Failure to comply with the obligations inherent to their resident status or when they fail to comply with the provisions set forth in the Immigration Code and other applicable legislation.
For the effect of the cancellation of the residence, the Subdirección de Extranjería will issue a substantiated resolution and will proceed to annotate it in the Registry of Residents. The revocation may be given by the Guatemalan Institute of Migration in the following cases:
- By court order.
- Failure to comply with the obligations inherent to their resident status.
- Issuing or providing false information regarding their socioeconomic status.
- Failure to comply with the provisions set forth in the Immigration Code, these regulations and applicable legislation.
For the effect of the revocation of the residence, the Subdirección de Extranjería will issue a substantiated resolution and will proceed to record it in the Residents’ Registry. Finally, we can point out what is indicated in Regulation Number 5-2022 of the AMN on the Issuance of Certifications and Certificates of the Guatemalan Immigration Institute, which establishes that such certifications that prove different aspects such as immigration status, will be valid for one year from the date of its issuance (Certificates of Rooting, immigration movement, immigration status, etc.).