Pablo Gáleas
On March 9, 2026, the Executive Branch submitted to the Legislative Assembly a bill to amend the Special Law on Migration and Foreigners, aimed primarily at adjusting certain provisions regarding the stay of temporary residents and the acquisition and loss of Salvadoran nationality through naturalization.
Although the initiative has not yet been approved, the bill proposes significant changes compared to the regulations currently in force. It should be noted that, as this is a recently submitted bill to amend the law, its content may undergo changes during legislative discussion and approval, as well as during the executive’s enactment of the law and its subsequent eventual approval and publication in the Official Gazette.
I- Minimum Stay for Temporary Residents
The reform proposes amending Articles 49 and 119 of the law to establish that temporary residents must remain in Salvadoran territory for a minimum of ninety (90) calendar days within each year, either consecutively or cumulatively.
Currently, the law provides that temporary residents lose their immigration status if they are absent from the country for more than six consecutive months or six cumulative months in a single year (180 days).
II- Proposed Reform
The bill introduces a change to the residency requirement, establishing that temporary residents must remain in the country for at least ninety days per year, and that failure to meet this requirement could constitute grounds for revocation of residency.
In practical terms, the reform reduces the threshold for actual presence in the country from 180 days to 90 days per year, while maintaining the possibility of justifying exceptions due to unforeseeable circumstances or force majeure.
This modification could facilitate compliance with immigration obligations for certain categories of temporary residents, particularly executives, investors, and digital nomads who, due to the nature of their professional or business activities, must travel frequently or spend extended periods outside the country, despite maintaining economic or employment interests in El Salvador.
In this regard, the reform introduces a more flexible residency framework, aligned with current trends in international mobility linked to corporate activities, investment, and remote work.
III- Citizenship for Children of Naturalized Persons
The bill also proposes amending Article 164 of the law to facilitate the recognition of Salvadoran citizenship for minor children born abroad before their parents obtain Salvadoran citizenship by birth or naturalization.
If the reform is approved, such minors may be considered Salvadoran upon their parents’ request and through a special procedure before the General Directorate of Migration and Foreigners. Once they reach the age of majority, they must express their intention to retain Salvadoran nationality.
IV- Loss of Nationality Through Naturalization
Finally, the initiative proposes amending Article 279 of the law to clarify the grounds for loss of Salvadoran nationality through naturalization, including:
- Residing in the country of origin for more than two consecutive years.
- Being absent from Salvadoran territory for more than five consecutive years, unless legally authorized.
- A final conviction for the commission of intentional crimes.
The initiative seeks to adjust immigration residency requirements and harmonize certain provisions with the Constitution, particularly regarding nationality and residency control.
However, as this is a bill that has not yet been approved by the full chamber—since it was recently introduced—its content may undergo changes during legislative deliberations. Consequently, our team of specialists will continue to monitor and report on its progress.
For further inquiries and additional information on this topic, you can contact our experts here: gvega@consortiumlegal.com; pgaleas@consortiumlegal.com; and migraciones@consortiumlegal.com.sv