Guatemala updates its immigration framework for visas, residencies and work permits

Arias | Almost one year after their entry into force, Guatemala’s new immigration regulations remain relevant in 2026, having introduced changes to visa, residency, immigration registration and work permit procedures. The country’s immigration framework is governed by the Migration Code (Decree 44-2016) and its implementing regulations. The most recent amendments were adopted on October 8, 2025.

The changes are set out in the Guatemalan Visa Regulations, National Migration Authority Agreement No. 15-2025; the Guatemalan Residency Regulations, National Migration Authority Agreement No. 16-2025; the Regulations on the Ordinary Registration of Immigration Status of the Guatemalan Institute of Migration (IGM), National Migration Authority Agreement No. 17-2025; and the Regulations on Work Permits for Foreigners, Government Agreement No. 178-2025, which entered into force on October 10, 2025.

Changes to Guatemalan visas

The new regulations simplify several requirements applicable to nationals of Category C countries who must obtain a consulted visa, which requires prior authorization from the IGM. Under the previous rules, applicants were required to send and submit the original passport by courier. The current regulations instead allow a notarized and apostilled copy. In addition, criminal record certificates are now required only from jurisdictions where the applicant had legal residence during the previous two years, rather than the previous five-year period.

A new visa category has also been established for nationals of Category C countries traveling to Guatemala specifically to attend conferences, seminars or workshops. Unlike a regular consulted visa, this category does not require a registered guarantor acting on behalf of the applicant, but only a responsible person. This removes the prior requirement to register a guarantor, a process that could take several months.

The regulations also establish special rules for changes in immigration category based on family ties to Guatemalan citizens. Nationals of Category B countries who are married to a Guatemalan citizen, provided that the marriage has been duly registered for at least six months, are treated as Category A nationals and are therefore exempt from visa requirements. Nationals of Category C countries in the same circumstances are treated as Category B and consequently require a consular visa. Foreign nationals from Category B or C countries who can demonstrate that they are children of a Guatemalan citizen are treated as Category A and are exempt from visa requirements.

Changes to Guatemalan residency

The regulations have also streamlined the documentation required for residency applications. The passport validity certificate is no longer required for nationals of countries with diplomatic representation in Guatemala. In addition, the notarial deed evidencing the guarantor has been eliminated, with the Guatemalan Guarantor Certificate becoming the sole document required to evidence the guarantor’s role.

Two new residency categories have been introduced for migrant workers: one for foreign nationals employed by a foreign employer and another for self-employed individuals.

The foreign employer category applies to foreign nationals in an employment relationship with an employer based abroad. It covers, among others, digital nomads and employees representing foreign entities without a local branch, who were not covered by the previous regulations. This category does not require a registered Guatemalan guarantor or a work permit. Applicants must demonstrate foreign-source income of at least US$2,000 per month received during the 12 months immediately preceding the application.

The self-employed category applies to foreign nationals operating their own business or venture in Guatemala. Applicants must submit an income projection, the Unified Tax Registry (RTU) issued by the Superintendency of Tax Administration (SAT), and a commercial document authorizing them to conduct commercial activities in the country. As with the foreign employer category, neither a Guatemalan guarantor nor a work permit is required.

The regulations also establish the Migration Status Certificate as the official travel document for residents, valid for one year.

Changes to the IGM Registration Regulations

The Regulations on the Ordinary Registration of Immigration Status of the IGM govern, among other matters, the Guatemalan guarantor regime and the registration of guarantors. The temporary migrant worker residency category continues to require the employer to act as guarantor; this requirement was not modified by the new regulations.

The principal changes concern the registration of the Guatemalan Legal Guarantor. The previous regulations provided several alternatives to satisfy the financial capacity requirement. Under the new rules, this requirement is consolidated into a single document: the tax return filed with the SAT for the immediately preceding fiscal year.

For entities incorporated less than one year earlier that cannot provide the corresponding tax returns, the regulations require evidence of income through a projected cash-flow statement supporting the income or investment intended to commence operations, together with proof of initial capital contributions or, where applicable, documentation supporting their financial activity and demonstrating the required minimum financial capacity.

Field verification has also become mandatory. For both the registration of a guarantor and the annual update of guarantor information, the regulations provide that field verification is no longer conducted on a random basis but is mandatory for all guarantor processes.

The rules governing termination of a guarantor’s obligations have also changed. When an employment relationship with a foreign national whose employer acted as guarantor ends, the employer must provide notice. While this obligation already existed under the previous rules, the termination of the guarantor’s obligations now includes an opposition stage, giving the foreign national 15 days to challenge the termination and submit supporting arguments and evidence.

Changes to work permits for foreigners

The Regulations on Work Permits of the Ministry of Labor and Social Welfare (MINTRAB) were also amended, with the changes taking effect on October 10, 2025. Several amendments seek to align work permit categories with residency categories.

The categories of individuals eligible for work permits now include employers seeking to hire foreign nationals as employees; foreign nationals married to a Guatemalan citizen or maintaining a legally registered common-law union with one; foreign nationals with a Guatemalan family member within the degrees of kinship established by law, which constitutes a new category; individuals married to or maintaining a legally registered common-law union with a foreign national holding migrant worker residency, also a new category; refugee-status applicants and individuals recognized under such status; and applicants for work permits as family members of diplomatic or consular officials, another new category.

These new categories expand the population eligible to apply for work permits in Guatemala. However, in most cases falling within the first category, there are no significant changes to the permit processing procedure.

The regulations also establish a procedure for canceling work permits when an employment relationship ends. Employers must comply with this obligation within 15 business days following termination of the employment relationship.

Considerations for employers and HR teams

For employers and Human Resources teams, the changes requiring particular attention include the registration and renewal of guarantors, which should be initiated sufficiently in advance given that on-site verification is now mandatory.

Employers must also address immigration requirements when an employment relationship with a foreign national ends, including the deadline for requesting cancellation of the work permit before MINTRAB and the obligation to terminate the guarantor relationship with the IGM. Failure to do so could affect other immigration proceedings involving foreign employees and leave the company linked to and responsible for the former employee after the employment relationship has ended.

Employers should also ensure that foreign employees comply with their annual obligation to update their information and, when travel is required, that their Migration Status Certificate remains valid.

Overall, the October 2025 changes operate in two directions. They facilitate the entry and residence of foreign nationals through reduced documentation, shorter processing periods and new categories reflecting different forms of work. At the same time, they impose greater diligence and advance planning requirements on companies employing foreign nationals, particularly because field verification is now mandatory and termination-related deadlines begin to run immediately.

Companies are therefore advised to review, under the new regulations, the current status of their guarantor registrations, valid work permits and procedures for terminating foreign employees.

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