On May 28, 2025, the Executive Branch, through Decree 366/2025 (the “Decree”), amended the following laws: No. 346 (Citizenship Law), 24,521 (Higher Education Law), 25,871 (Migration Law), and 26,206 (National Education Law).
Among the main reforms, stricter controls are established for foreigners who wish to enter the country or who are already on Argentine territory, incorporating sanctions such as entry prohibition, detention, and effective expulsion. Likewise, a new pathway for obtaining Argentine citizenship through investment is introduced.
Stricter controls for entry and stay
Foreigners will be admitted to the Argentine Republic under two main categories:
– Permanent residents: any foreigner who obtains admission from the National Directorate of Migration (“NDM”) with the purpose of establishing themselves permanently in the country. The requirements to enter as a permanent resident are: proving sufficient economic means to subsist in the country and not having criminal records that may justify the rejection of the application. Additionally, family reunification will be considered a valid cause for obtaining permanent residency;
– Temporary and transient residents.
The category under which a foreigner is admitted may be changed if the NDM determines it is viable.
The decree establishes the following impediments to entry and/or stay in national territory:
– Forgery, omission, simulation, or fraud in the presentation of national or foreign documentation;
– Express prohibition of entry while such measure lasts;
– Having a conviction or criminal record in Argentina or abroad with a penalty equal to or greater than three years in prison;
– Being caught in flagrante delicto;
– Having participated or been involved in acts constituting genocide, war crimes, terrorism, crimes against humanity, or any other act subject to prosecution by the International Criminal Court;
– Having participated or been involved in terrorist activities, activities promoting violence or ideas contrary to the democratic system, or belonging or having belonged to organizations internationally recognized as accused of actions subject to prosecution by the International Criminal Court or Law 23.077;
– Having been convicted in Argentina or abroad for promoting or facilitating, for profit, the illegal entry, stay, or exit of immigration in Argentine territory;
– Having entered or attempted to enter Argentine territory by evading migration controls;
– Misrepresenting the reasons for entry or admission to the country;
– Definitive extradition granted;
– Non-compliance with the requirements for migratory regularization.
Changes in access to the university education system and health systems
The decree also establishes the possibility of charging fees for access to higher education levels for foreigners who do not have permanent residency. Regarding primary and secondary education, it will remain free.
Concerning access to medical services, non-resident foreigners will be attended upon payment of health insurance, although in emergency cases, access to social assistance or healthcare will not be denied or restricted to all foreigners who require it, regardless of their migratory status.
Citizenship by Investment
Regarding the acquisition of Argentine citizenship, through the amendment of Law 346 by the Decree, the possibility of obtaining citizenship by investment is created for those who have made a significant investment in the country. Such significance will be established and overseen by the Ministry of Economy.
To design, manage, and control citizenship by investment programs, the Agency for Citizenship by Investment Programs is created within the Ministry of Economy.
The decree came into effect on May 29, 2025.
