Reform to the special law on migration and foreigners approved by the Legislative Assembly of El Salvador

Arias Law - The Legislative Assembly of El Salvador recently approved a reform to the Special Law of Migration and Foreigners that regulates which individuals may apply for Salvadoran nationality by naturalization, incorporating new options for those persons interested in supporting governmental programs and who are interested in investing or making donations with the purpose of promoting the economic, social and cultural development of El Salvador, through the injection of capital in legal tender or through sustainable investment projects.

Before the reform, Art. 156 of the Law allowed the following individuals to apply for Salvadoran nationality by naturalization:

• To those originating from Spain or a Spanish-speaking country who had one year of definitive residence in the country.
• To foreigners of any origin who have five years of residence in the country, counting temporary and definitive residences.
• The foreigner married to a Salvadoran person who accredits two years of residence in the country, previous or subsequent to the celebration of the marriage, counting temporary and definitive residence.
• Refugees or stateless persons in accordance with the provisions of this law.

With the reform the literal (5) was incorporated that establishes that also they will be able to opt for the naturalization as Salvadoran in the following cases:

Foreigners who meet the requirements established in government programs aimed at attracting investors or donors seeking to support the economic, social and cultural development of El Salvador through the injection of capital in legal tender or through sustainable investment projects.

It also establishes that the General Directorate of Immigration and Foreigners will be in charge of generating a safe and expeditious procedure for the purpose of naturalizing by naturalization the foreigners described in numeral (5) of this article.

The amendment must be published in the Official Gazette and will become effective 8 days after its publication.



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Author

César Bautista
SV | Senior Counsel
+503 2257 0962
cesar.bautista@ariaslaw.com

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