New arrivals – June 11, 2019

We inform you that on March 21, 2019, the National Immigration Authority-AMN-, issued Agreements Numbers 3-2019 and 4-2019, called Guatemalan Visa Regulations and Guatemalan Residence Regulations, respectively, which entered into force on April 21, 2019, and contain a series of modifications regarding the procedures and requirements that a foreign person must meet to enter and remain in the country.

Among the most significant changes we have:

  1. Guatemalan Visa Regulations:
  • A maximum period of 30 days is established for the Guatemalan Migration Institute to decide on the visa application.
  • It indicates that to enter the national territory it is necessary to present a valid and current passport or travel document, as well as the Visa when applicable.
  • For purposes of exemption or obligation of Visas, classifications to the countries in categories A, B, and C, belonging to category A the countries with suppression of Visas, to category B those that require a consular Visa, and C those that are mandatory. Make a query to the migration authority, prior to granting a Visa.
  • The Registry of Guarantors is created before the Guatemalan Institute of Migration, in order to register in it any natural or legal person who wishes to be a guarantor of a foreign person, for immigration purposes.
  • It also regulates the obligation to request a Work Permit before the Ministry of Labor and Social Welfare, in the case of people who work in a dependency relationship in Guatemala.
  1. Regulations for Guatemalan Residences:
  • Modifies the term of Temporary Residences, which can be granted from 1 to 5 years, depending on the request made.
  • It establishes a series of general requirements that must be met for all types of Residences, including a valid passport, certification of its validity and validity, criminal and police records, recent migratory movement, among others.
  • Expands the requirements of the Temporary Residence for Migrant Workers, and includes that it is necessary to submit an Original Job Offer Letter, specifying the working conditions such as term, form of remuneration, place of performance and activities to be carried out.
  • In the case of Temporary Residences for Investors, the amount to be credited as an investment is modified, which must be greater than USD$ 100,0000.00, and it must have an expectation of profits or profits.
  • In the case of Central Americans, they can apply for Permanent Residence if they have had temporary residence for 1 year in the country, for which they may present, among other things, the document proving their birth in a Central American country.
  • Prior to granting the Residence, an interview must be carried out with the immigration authority, presenting your original passport, lease contract or receipt for water, electricity or telephone of your residence, and if you do not have an affidavit before a notary.
  • To rectify requirements, a period of 30 calendar DAYS will be granted from the notification, otherwise a fine will be incurred for extemporaneous permanence.
  • It obliges any person who carries out a work activity to present their Work Permit, issued by the Ministry of Labor and Social Welfare, within a maximum period of 3 MONTHS counted from the notification of the Residence resolution.
  • Documents from abroad must be Apostilled or Legalized by the Guatemalan Consulate, and may not be older than 6 MONTHS after being issued.
  • It leaves open the possibility that the notifications are carried out by other means indicated by the Guatemalan Institute of Migration.
  • Establishes the obligation for Temporary Residents to present the Tax Solvency ANNUALLY, under penalty of the respective fines.
  • The Guatemalan Migration Institute may archive the files that cease to be processed for more than 6 MONTHS, in which case the foreigner will incur a fine for extemporaneous stay.

For more information contact us: rolivares@latinalliance.co