Amendments to the special law on migration and foreigners of El Salvador

Amendments to the special law on migration and foreigners of El Salvador

The amendments to El Salvador’s Special Law on Migration and Foreigners were published in the Official Gazette of March 23, 2026, aimed at strengthening controls over the stay of temporary residents and updating naturalization and nationality processes.

 

Temporary residence

Articles 49(5) and 119 were amended to establish parameters for length of stay in the national territory:

  • Minimum stay requirement: All temporary residents must remain in the country for at least 90 calendar days per year.
  • Counting method: Days of stay may be consecutive or cumulative within the relevant year.
  • Exceptions: Justifications will only be accepted in cases of force majeure or unforeseen circumstances, subject to approval by the General Directorate of Migration and Immigration.
  • Penalty for non-compliance: Failure to meet this minimum period constitutes direct grounds for cancellation of temporary resident status.

 

Nationality

The amendments seeks to facilitate access to nationality for minors under 18 years of age born abroad before their parents acquire Salvadoran nationality, as well as to regulate its retention:

  • Children of parents who have not yet acquired Salvadoran nationality: Minors under 18 born abroad, prior to their parents obtaining Salvadoran nationality by birth or naturalization, may be recognized as Salvadoran upon application by their parents.
  • Confirmation of intent: Upon reaching the age of majority, they must formally express their intention to retain Salvadoran nationality.

 

Grounds for loss of nationality by naturalization

  • Loss due to absence: Naturalized citizens will lose their nationality if they reside for more than two consecutive years in their country of origin or remain outside El Salvador for more than five consecutive years, unless they have obtained authorization to remain abroad.
  • Loss due to criminal offenses: Irrevocable loss of nationality by naturalization is established upon a final conviction for serious intentional crimes.

Author

Daniel López García

Daniel López García

Associate

El Salvador