Pablo Galeas
The change of immigration status in El Salvador is a process regulated by the General Directorate of Migration and Foreigners (DGME). This procedure allows foreigners to modify their migratory status to adapt to new personal or work circumstances, facilitating a more stable permanence in the country and, if necessary, to obtain Salvadoran nationality by naturalization.
The process of changing migratory status is sequential, requiring the completion of one phase before moving on to the next. A regular process begins with obtaining Temporary Residency, continues with Permanent Residency and culminates with Naturalization. Every foreigner who wishes to reside and remain in the country for a prolonged period must follow this chain of obtaining residency according to the deadlines established by law. The following is an explanation of each of these stages:
- Temporary Residence
It is granted to people with authorization to enter and stay for a defined period, up to two years, extendable in the same period, to engage in economic, scientific, academic, cultural or sports activities; to work as technicians or specialized workers; and to exercise any other lawful temporary activity.
The most relevant temporary residences for companies wishing to establish operations in El Salvador and bring their workforce and/or managers are the following:
- Temporary Residency with Work Authorization.
- Temporary Business Residency.
- Temporary Residency for Commercial Representative.
- Temporary Residency to Accompany (when you wish to be accompanied by your family group).
The Special Law of Migration and Foreigners establishes that no foreigner may be a Temporary Resident for more than five years, therefore it will be necessary to change the migratory quality to the next category: Definitive Residence.
- Permanent Residence
Allows foreigners to remain in the country for an indefinite period of time and to carry out any lawful activity under the same conditions as Salvadorans. Central Americans by birth can obtain this residency directly, without the need to apply for Temporary Residency.
Persons of Hispanic American or Spanish origin can access this residence after one year of temporary residence, while other foreigners must prove three years of temporary residence.
Definitive Residency is initially granted for one year and may be renewed for up to four years. Renewals are unlimited, but each renewal costs up to $345.00.
- Naturalization
Naturalization is the process by which a foreigner can acquire Salvadoran nationality. This process involves complying with certain requirements and following a series of steps established by the immigration authorities.
All foreigners, regardless of their origin, must prove five years of Permanent and Temporary Residence in the country to acquire Salvadoran nationality. Those originating from Latin America and Spain have the benefit of needing only one year of Definitive Residence.
Therefore, foreigners of Hispanic American or Spanish origin only need to apply for a temporary residence and then for a definitive one in order to naturalize. On the other hand, foreigners of other origins must apply for a temporary residency, renew it for two more years, and then apply for a definitive residency and renew it for four years. In addition, they must submit the following documentation:
- Original Birth Certificate Certification, legible and in good condition.
- Solvency of the National Civil Police of El Salvador in force.
- Proof of Criminal Record of El Salvador in force.
- Valid passport.
- Certification issued by the embassy or consulate of the country of origin confirming that said country allows dual nationality.
- Permanent resident card.
- Procedure for the Change of Migratory Status
The process to change the migratory status involves several steps:
- Application: The interested party must submit a formal application to the DGME, specifying the migratory category he/she holds and the one he/she wishes to acquire.
- Documentation: Documents must be attached to support the request, such as passport, proof of income, work contract, police record from the country of origin in force and duly apostilled, among others.
- Payment of Fees: It is necessary to pay the fees corresponding to the procedure.
- Qualification Process: The DGME will evaluate the application, schedule an interview for data collection or require additional documentation if necessary.
- Resolution: Finally, the DGME will issue a resolution approving or denying the change of migratory status. In case of approval, a card will be issued identifying the foreigner, the period of residence and his/her migratory status.
- Specific Requirements
The requirements vary according to the type of residence. The main ones are:
- Passport.
- Criminal Record from the country of origin duly apostilled.
- Solvency of the National Civil Police of El Salvador.
Other requirements that may be requested are:
- Employment Contract.
- Work Certificates.
- Certifications from public institutions to prove qualities such as Salvadoran shareholder, pensioner, annuitant or investor.
- Certificates of Birth and Marriage Certificates for relatives or companions.
- Conclusion
The change of migratory status in El Salvador is a duly regulated process that allows foreigners to adjust their migratory status according to their personal and labor needs.
The residency chain process, which includes Temporary Residency, Permanent Residency and Naturalization, facilitates the stable permanence and integration of foreigners in the country. Complying with the legal requirements of each stage is essential to ensure a successful transition towards obtaining Salvadoran nationality, providing a solid foundation for full participation in the economic and social sphere of El Salvador.