On December 12, 2022, the new Guatemalan Residency Regulations of the National Migratory Authority -AMN- will become effective, which repeals the previous Regulation No. 4-2019. The new regulation includes new features for foreign investors and their families, greater flexibility in some residency requirements and other changes that promote investment, as well as immigration security in the country.
The following are some of the aforementioned changes in NMA Agreement No. 8-2022:
Requirements for temporary residencies:
a. Regarding the general requirements, with respect to the certificate of validity and validity of the passport, the option is given to present a certified copy of the passport by the issuing entity or birth certificate, apostilled. Thus providing different options to the applicant.
b. In the case of minors, the migratory status of the parents or the person who represents them must be accredited, as well as a special mandate registered in the General Archive of Protocols or the certification of the homologation order of a foreign sentence made in Guatemala, when only one of the parents is present.
c. In the case of extensions of temporary residence:
The application must be filed 30 days prior to the expiration date of the residence granted, previously it could be done up to 6 months before the expiration date. The applicant must also provide documentary evidence that his/her status at the time of filing the extension is up to date and present a Personal Identification Document -DPI-.
In the case of migrant worker residency, the work permit must be current and notified. This requirement is subject to criteria of Migration since the possibility of presenting proof of entry that the permit is in process is being analyzed.
In the case of extension of residency for studies, proof of having completed the studies for which the residency was granted and the continuity of such studies must be presented.
d. In the case of investors, the new regulation opens the possibility of entering the files of blood relatives as dependents of the investor, including those who are united in fact, and they must present a notarial certificate stating the activity they carry out in the country.
e. In the case of the residences of intellectual, researcher and scientist, they must present a work contract or provision of services in force and for the extension, a contract that reflects the continuity of the service with the contractor.
f. In the case of athletes, it is not necessary to present a current proof of Guatemalan guarantor.
g. In the case of artists, a work offer letter issued by the individual and updated proof of Guatemalan guarantor must be presented. In case the applicant wishes to extend the residency, he/she must present a letter of agreement with the Guatemalan guarantor.
General requirements for permanent and temporary residents:
a. The applicant for residence within 30 days from the day following the day of notification must comply with the legal requirements required by the subdirectorate of foreigners, otherwise he/she will be fined for overstaying the authorized time and will be cause for denial.
b. Foreigners who require the return of the original documents coming from abroad will be made only to the interested party or proxy.
c. The persons who have obtained the status of permanent residence as annuitant or pensioner will not lose their condition in case of the death of the holder of the residence that protected them.
d. In the case of permanent residents when they have been temporary residents for a period of one year, in addition to the general requirements must present the certification of the Ordinary Migratory Registry, for the minimum period of one year.
Rights of residents in Guatemala:
Any foreign person who has obtained temporary or permanent residence in Guatemala enjoys the following rights:
- To remain legally in the country.
- To enter and leave the country without limitation during the time of residence granted.
- To carry out lawful activities.
- To obtain the personal identification document -DPI- as a domiciled foreigner.
- Acquire goods and provide services.
- Open bank accounts.
- Acquire legal domicile.
- Obtaining Guatemalan nationality, as long as the requirements are fulfilled.
Obligations for residents in Guatemala:
Request authorization to be absent for more than 1 year from the country.
Temporary residents must:
Update data and present fiscal solvency.
Migrant workers must present a valid work permit.
Permanent residents must pay the annual foreigner’s fee and update their data.
The annuitants or pensioners must, every 5 years, present proof that reflects the continuity of the income by means of:
Bank account opened in Guatemala or
Account statements certified by a Guatemalan bank.
Social Security or bank statement from your country of origin duly apostilled.
Bank statement issued in your country of origin certified by the embassy of your country accredited in Guatemala and affidavit affirming that it is a true copy.
Any doubt or comment that may arise with respect to this regulation, please contact us at csandoval@consortiumlegal.com