Immigration
The 2016 Migration Code and a rights-based reframing
The Código de Migración (Decreto 44-2016) replaced the 1998 statute, created the Instituto Guatemalteco de Migración and recast irregular entry as an administrative matter. Guatemala also participates in the CA-4 free-movement area with El Salvador, Honduras and Nicaragua.
Key rules
- Residence is either temporary (up to two years, renewable) or permanent, available after five years of temporary residence.
- CA-4 nationals move freely between the four states and may stay without a visa for up to 90 days.
- Migrants have a statutory right to due process, an interpreter and consular contact, and irregular status is not a crime.
- Refugee claims are decided by CONARE, and non-refoulement is expressly codified.
- Guatemalan nationality by naturalisation requires five years of residence, reduced to two for Central Americans and Spaniards.
Governing law
- Código de Migración (Decreto 44-2016)Principal migration statute.
- Reglamento del Código de MigraciónCategories, fees and documentation.
- Convenio CA-4Free movement among the four northern Central American states.
In practice
Applications are filed with the Instituto Guatemalteco de Migración in Guatemala City. A criminal record certificate and an apostilled birth certificate are the usual documentary bottlenecks. Overstays attract fines that must be cleared before departure.