On May 28, 2025, the Executive Branch, through Decree 366/2025 (the “Decree”), amended Laws No. 346 (Citizenship Law), 24,521 (Higher Education Law), 25,871 (Migration Law), and 26,206 (National Education Law).
Among the amendments are stricter controls for foreigners both seeking entry into the country and those already present. Penalties may include entry bans or, if already on Argentine soil, detention and removal. The Decree also introduces a pathway to Argentine citizenship via investment.
Stricter Entry and Stay Controls
Foreigners will be admitted to Argentina under two main categories:
– Permanent residents: Any foreign national approved by the National Directorate of Migration (“DNM”, after its spanish acronym) to settle permanently in the country. Requirements include proof of sufficient financial means and no criminal record that would justify rejection. Family reunification may also qualify an individual for permanent residence.
– Temporary and transient residents.
– The DNM may adjust a foreign national’s immigration category based on eligibility.
The Decree establishes the following grounds for denying entry or residency:
– Forgery, omission, falsification, or fraud in national or foreign documentation.
– Express entry ban for the duration of the sanction.
– Conviction or criminal record in Argentina or abroad with a sentence of three years or more.
– Being caught in the commission of a crime in flagrante.
– Participation in genocide, war crimes, terrorism, crimes against humanity, or any act subject to the International Criminal Court’s jurisdiction.
– Involvement in terrorist activities, advocacy of violence or anti-democratic ideologies, or membership in organizations internationally recognized as subject to ICC or Argentina’s Law 23,077.
– Conviction in Argentina or abroad for promoting or facilitating, for profit, illegal immigration into or out of Argentina.
– Entering or attempting to enter Argentina by evading immigration controls.
– Misrepresentation of the purpose of entry or admission.
– Final decision granting extradition.
– Failure to meet migration regularization requirements.
Changes to Access to University Education and Health Systems
The Decree also allows charging tuition for higher education for foreigners without permanent residency; primary and secondary education remains free.
Regarding healthcare, non-resident foreigners must hold health insurance to receive medical services. However, in emergencies, no foreigner will be denied or restricted access to social or medical care, regardless of immigration status.
Citizenship by Investment
The Decree amends Law N° 346 to establish a Citizenship-by-Investment option for those making a substantial investment in Argentina, the valuation of investment will be determined by the Ministry of Economy.
An Agency for Citizenship by Investment Programs will be created within the Ministry of Economy to design, manage, and oversee these programs.
The Decree took effect on May 29, 2025.
