By: Alexandra Haeussler, Senior Associate
On November 10 of this year, Governmental Agreement 092-2022 dated October 25, 2022, was published in the Diario de Centro América.
Said regulation has the primary purpose of complying with the provisions of the Immigration Code which regulates that foreigners may remain in the country for the authorized time, according to the status granted, regulating the time in accordance with the status granted, whether they are temporary residents or permanent residents.
Likewise, such regulation aims to establish and develop the specific procedures that every foreign person must comply with to regularize their stay in Guatemalan territory and be recognized as a resident of Guatemala.
Who are the persons who may apply for ordinary immigration status?
- Any foreign person who complies with the requirements established in the Migration Code (articles 27, 48, 75 to 77, and 84) consanguineous relatives within the degrees of law, spouse or cohabitant of the migrant.
Important aspects of this regulation
- The temporary residence will be granted for a period of 1 to 5 years, with the exception of the temporary residence of the student that will last the time that the school or university cycle lasts.
- If the migrant wishes to extend this period (more than 5 years), he/she must apply for a permanent residency, except for students who may extend the term of their temporary residency as many times as necessary until the end of the cycle.
- The person who wishes to extend his/her temporary residency must apply for it 30 days prior to the expiration date of the granted residency.
- The temporary residence granted to sportsmen and artists will be granted for the duration of the specific contract or up to a maximum term of 5 years.
- The regulation contains several different requirements for granting temporary residences to:
- Migrant workers
- Students
- Artists
- Athletes
- Investors
- Intellectuals, researchers, and scientists
- Ministers of religious cults
- Refugees o Political Isolationists
- Permanent residency may be applied for when the foreigner proves that he/she has been married for one year or more or has declared a de facto union with a Guatemalan person (he/she must be registered in the Renap).
- The regulation contains several different requirements to grant permanent residences to:
- Persons who have been temporary residents
- Spouses of permanent residents
- Family members of Guatemalans who have another nationality
- Persons born in Central America when they have been temporary residents
- Annuitants or pensioners
- Everything related to the Guatemalan guarantor shall be established in the Registration Regulations of the Guatemalan Institute of Migration.
- Any case not foreseen in the Regulation shall be resolved by the Guatemalan Institute of Migration in accordance with the ordinary laws that deal with the subject.
Amendments made to said regulation
The mentioned regulation establishes the following as new requirements to present before the application for residences:
- Temporary residences for migrant workers: submit a notarized affidavit of affidavit of constitution of Guatemalan guarantor.
The Agreement must be submitted to the National Migratory Authority for its approval and will then enter effect as provided by such authority.