Libro I Título II. Derecho Migratorio

Guatemalan migration law regulates the liberty of persons to enter, remain, transit through and exit the national territory, in accordance with the fundamental rights of persons recognized in the Political Constitution of the Republic, national legislation and international instruments.

Migration law has as its purpose to guarantee the right to migrate through the provisions issued in this Code and its regulations, as well as all regulatory or administrative provisions issued by the Guatemalan Migration Institute.

Migration provisions shall be interpreted in favor of the rights of migrant persons.

The right to migrate is limited only in the cases provided for in this Code and its regulations, likewise when health, security or public order provisions, security of persons, and judicial order or judgment apply.

The principles governing the actions of the Guatemalan Migration Institute are: legality, integrity, probity, non-discrimination, due diligence, protection of the person, family reunification, confidentiality, professionalization and due process.

For Guatemalan persons to travel abroad, the following is necessary:

1.To have a valid Guatemalan passport or their identity document in accordance with what is requested by the destination State and the agreements of Guatemala with that State.

2.In the case of boys, girls and adolescents, to travel alone or accompanied by a third party, they must carry the written authorization of both parents, or of whoever exercises parental authority, care and custody, or guardianship. Failure to comply with this obligation authorizes denial of exit from the country. In the event that one or both parents are abroad, such written authorization may be given before a Guatemalan Consul accredited abroad.

3.According to the country to which they are traveling, they must comply with the requirements that the migratory authorities require of them as mandatory in order to enter and remain in their national territories.

4.To comply with the declarations and payments of taxes prescribed by the Superintendency of Tax Administration regarding the property intended to be brought into or taken out of the country.

No authority of the country may deny persons of Guatemalan nationality their entry into national territory.

The obligations of foreign persons in Guatemala are to respect the Political Constitution of the Republic of Guatemala, the laws in force of the country and the different worldviews and cultural and religious identities that coexist in the national territory, consistent with its being a multiethnic, multilingual and multicultural country.

What is established in Decree Number 10-2015 of the Congress of the Republic of Guatemala is of mandatory observance.

Non-compliance with the obligations of foreign persons in Guatemala gives rise to administrative liability and allows requesting the immediate departure from the country, or in a justified case determining their expulsion. However, when they have committed a crime, the authority shall proceed in accordance with the criminal laws in force.

The criteria to be applied to prohibit entry, the suspension of stay and the rejection of entry applications shall be regulated in the regulations of this Code.

Migration posts at seaports, airports and land borders shall have spaces where the obligations provided for in this Code and the general prohibitions contained in national legislation applicable to migration matters are disseminated. Likewise, international passenger and merchandise transport companies, whether maritime, land or air, shall be provided with migration control forms to be distributed among passengers traveling to Guatemala.

Foreign persons who wish to enter Guatemala by air, land or sea shall comply with the requirements established for their nationality in the respective regulation.

Excepted are those persons who legally enter the territory of the Republic for humanitarian reasons or in need of international protection, as is the case of applicants for recognition of refugee status, for political asylum under the figure of territorial asylum.

Persons who present themselves at the migration posts of seaports, airports and land borders without the required official documents may be denied access to the national territory.

In addition to the administrative provisions issued by the Guatemalan Institute of Migration, the following are impediments to entering the country:

a)For reasons of public order and security.

b)Being accused of committing crimes contained in the Rome Statute of the International Criminal Court.

c)Being criminally prosecuted for ordinary crimes against life, property and liberty.

d)Having an international arrest warrant.

Central Americans may enter the country as tourists bearing their original national identity document, or their valid passport, subject to the principle of reciprocity, for up to ninety days of stay, extendable on a single occasion.

Guatemala may be a party to the rules and agreements jointly issued among the Central American nations to facilitate the entry and exit of their citizens in the region.

Foreign persons may enter the country for the following humanitarian reasons:

a)Due to natural disaster in neighboring countries, which compels persons or a group of persons to save their lives.

b)Due to medical emergencies or to safeguard the life of persons, aircraft or maritime vessels.

c)For reasons of armed conflict, in accordance with international law.

d)Upon a request for cooperation from another State or bodies created by International Law for the entry of equipment, vessels or persons whose purpose is medical, aid or relief.

e)For repatriation of the remains of family members who died in Guatemala.

The stay of such persons or vessels shall be governed as established in this Code and its regulations.

Foreigners who are required to testify as witnesses, victims, or as experts in proceedings of the Guatemalan justice system, and those who are required by judicial authority or executive authority for personal matters, may obtain special entry permission.

The corresponding form shall be that defined in the regulation.

For reasons of maritime, air or land transport, an entry authorization may be granted to the personnel and crew of legal persons or individual persons whose cargo is lawful and within the normal trade in things.

Such authorizations may be issued by the head of the migratory control post in coordination with the Port Captaincy, the General Directorate of Civil Aeronautics or the Directorate of Transport, provided that the corresponding requirements are observed and the fee authorized and established in the corresponding regulation is paid. The authorization has a duration of forty-eight hours in the air or land case and seventy-two hours in the case of maritime vessels.

When it is a legal person or individual whose commercial line of business is the transport of persons or things and requires a permanent permit, it shall be subject to civil and commercial law and to the provisions of this Code.

When, in the facilities of the Guatemalan Institute of Migration or its branch offices, a person appears requesting official entry into Guatemala without such entry being provided for in the regulations of this Code or in the other legal provisions that are issued, the person shall be sent to the institutions previously authorized by the Institute that provide temporary shelter and the public official or employee shall observe the following criteria:

a)If the person states being persecuted in his or her country of origin, being a victim of threats of violence or being a victim of violence, requesting recognition of refugee status or territorial political asylum, entry for humanitarian reasons, the person shall have temporary shelter and care available.

b)If it involves a boy, girl or adolescent person, they shall be assisted in accordance with the legal provisions in force and the provisions of this Code.

c)If they are migrant women who declare being victims of sexual violence or being persecuted for such purposes, or victims of intrafamily violence, they shall be granted health assistance and action shall be taken in accordance with the provisions of the specific law. The right not to be returned to the country of origin or provenance shall prevail where there is a serious threat of being a victim of sexual violence in any of its forms.

d)If it is a family, the provisions of this Code shall be abided by and the Deputy Director of Attention and Protection of Fundamental Rights of Migrants shall be the one who must provide attention and follow-up to the case for family reunification, protection and assistance of boys, girls or adolescents in accordance with their best interests, or in accordance with the principles governing the action as the case may be.

Foreign persons may remain in the country for the authorized time in accordance with the ordinary or extraordinary status granted to them pursuant to this Code.

Persons with special migratory status may remain in the country in accordance with this Code.

Ordinary migratory status is the migratory category granted to foreign persons by reason of their entry into and stay in the national territory in accordance with the following classification:

a)Tourist or traveler.

b)Temporary resident.

c)Permanent resident.

Tourists or travelers are foreign persons who have entered regularly for lawful purposes, without the purpose of obtaining temporary or permanent residence, whose time limit shall not exceed ninety days, extendable a single time.

Technical, professional, scientific, cultural, sports or religious persons who, by reason of their knowledge, are required by public or private institutions to remain and carry out a remunerated consultation or advisory activity for a period not exceeding one hundred eighty days.

Persons to whom the Guatemalan Migration Institute extends a document recognizing them as temporary residents have temporary resident status, identified below:

a)Migrant workers: Foreign persons who have been authorized to remain in the country to engage in the practice of any lawful, remunerated activity, under the dependence and direction of an employer.

Migrant workers may apply for temporary residence for the time limit of one to five years.

b)Students: Foreign persons authorized to reside in the country for reasons of study at any of the educational levels. They shall be authorized student temporary residence status for the period corresponding to the educational cycle or the duration of the corresponding university courses in accordance with that regulated by this Code.

c)Athletes and artists: Foreign persons contracted by legal persons or individuals who provide their specialized services as athletes or artists, they shall be authorized temporary residence status according to the period of duration of the specific contract or for up to a maximum period of five years. Observing the provisions of the applicable national legislation in force.

d)Investors: Foreign persons who make investments in the country, they shall be authorized for a time limit of no more than five years.

e)Intellectuals, researchers and scientists: Persons who engage in scientific, research and academic activities who are contracted by entities for the performance of work inherent to their knowledge, they shall be authorized temporary residence status for a time limit of no more than five years.

f)Ministers of worship or religious persons: Foreign ministers of worship or religious persons belonging to a religious entity officially recognized by the State, they shall be authorized temporary resident status for a time limit of no more than five years.

The description of the requirements for compliance with recognition of temporary resident status shall be established in the regulation of this Code.

Persons who wish to obtain temporary resident status may initiate the process before the Guatemalan consular missions or, while in regular migratory conditions in Guatemala, before the Guatemalan Migration Institute.

All the time limits established in the preceding article shall be extendable at the discretion of the Guatemalan Migration Institute. The status may be revoked upon request of the interested party or for an administrative violation entailing revocation of said status.

Temporary resident status does not deprive the person of their right to exit and enter the country without limitation, with the sole restrictions being those imposed by this Code and others defined in the national legislation in force.

The regulation shall issue the corresponding procedure to grant temporary residence status.

The children of persons who have applied for temporary resident status in any of the categories described in this Code may acquire student status at any of the levels of the national education system with the declaration of the father or mother, letter of acceptance from the educational center where they will be enrolled and the specification of the grades to be taken as provided by the corresponding educational center.

While the status is being obtained, boys, girls and adolescents may attend the corresponding educational center with a document issued by the Guatemalan Institute of Migration indicating that their migratory status is in process.

Foreign persons who request such status for the higher education level and who have completed their diversified-level studies in the country shall file a request for extension. Foreign persons who require the status for the first time for university-level studies shall attach the original letter of acceptance from the University and the certificate of registration at the higher education institution.

Permanent residents are persons who, in addition to complying with the other legal requirements, wish to acquire domicile in the country, which shall be established in the corresponding regulation and who are within the following criteria:

a)They have been temporary residents for a period equal to or greater than five years.

b)To have one year or more since having contracted marriage or declared a de facto union with a Guatemalan person.

c)Relatives, within the degrees established by law, of a Guatemalan person who have another nationality.

d)Those born in other Central American countries when they have been temporary residents for a period of one year.

e)Rentiers or pensioners, who are persons who have been authorized to reside in the country and who have lawful permanent income coming from abroad.

It is understood, as a special rule for the status of permanent resident as a rentier or pensioner, that all benefits and exemptions regulated in the specific regulation for these cases shall be applicable to Guatemalans by origin who have been naturalized in other countries and who return as pensioners or retirees of governments or private entities.

The Guatemalan Migration Institute shall issue the corresponding regulation developing the procedures, forms and fees that must be complied with and paid for the granting, revocation, extension and other effects required by ordinary migratory statuses.

The Guatemalan Migration Institute shall maintain the updated register of persons to whom temporary and permanent resident statuses have been granted and may issue attestations and certifications to interested persons.

The database of the register of persons with permanent ordinary migratory status must be shared with the National Registry of Persons for the issuance of identity documents issued to domiciled foreigners. The procedures for carrying out said formalities, the coordination between both institutions and other procedure matters and definition of requirements shall be contained in the specific Regulation to be issued for such purpose.

Distinct from the ordinary migratory statuses defined in this Code, extraordinary permanence circumstances are recognized that allow a foreign person to be in national territory, which are the following:

a)Provisional permanence status.

b)Special attention permanence status.

c)Permanence status for humanitarian reasons.

Provisional stay is the stay of a foreign person or persons in the national territory and is granted in the following cases:

a)By judicial order so that they may appear as a witness, expert or victim, for the strictly necessary time.

b)At the request of a Guatemalan authority for matters requiring their physical presence, for the strictly necessary time.

c)Upon application for refuge, for the time limit of thirty extendable days.

Foreign persons who are victims of torture, victims of trafficking, victims of sexual violence, women in particular circumstances, unaccompanied boys and girls or those separated from their family members, older persons, psychologically disturbed persons and others may obtain this status.

The Guatemalan Institute of Migration and the National Register of Persons, where refugee status is granted to them, shall issue the provisions for obtaining the identity document provided for in Articles 53 and 104 of this Code.

Temporary resident status shall be granted to boys, girls and adolescents who have applied for refugee status in accordance with Article 48 of this Code.

The Guatemalan Institute of Migration and the National Register of Persons shall issue the provisions for obtaining the identity document provided for in Article 104 of this Code.

When foreign persons enter Guatemala for the reasons defined in Article 68 of this Code, they shall be granted the status of permanence for proven humanitarian reason.

In this regard, the persons shall be identified by means of special slips which they must carry at all times and which must contain the personal identification data, whether they have entered accompanied by their family or any consanguineous relative, the reasons granting them the status, the signature and seal of the Deputy Director for Attention, Assistance and Protection of Fundamental Rights of Migrants and the Director General of the Guatemalan Institute of Migration.

The Deputy Director for Attention and Protection of Fundamental Rights of Migrants shall keep a single updated register with the information of all persons who have been granted this status.

In cases where permanence status for humanitarian reasons is granted, the Director General may request from the United Nations organs and the International Committee of the Red Cross their collaboration, support and strengthening in relation to experience in humanitarian aid.

Persons who, by reason of their activity or situation, are not within those defined as ordinary or extraordinary obtain special status.

The following shall be designated with special status:

a)Cross-border and itinerant workers.

b)Workers pursuant to literal b) of Article 13 of the Labor Code. In such cases the Ministry of Labor and Social Welfare shall communicate what corresponds.

c)Diplomatic, consular or international-organization public officials who shall be governed by the provisions of the corresponding international agreements to which Guatemala is a party.

d)Special guests of the State Bodies and their dependencies or of the autonomous and decentralized organs, who shall communicate the procedures to be carried out for the delegations accompanying their guests.

e)Artistic, cultural, religious, sports or educational groups traveling together under the responsibility of a specified person.

The Subdirectorate of Migration Control shall be in charge of assessing and granting such status where persons do not fit within any of the ordinary or extraordinary categories. The public officials indicated in literal c) are excepted, as they are subject to exclusive handling by the Ministry of Foreign Affairs.

Exit from Guatemala must be carried out through the country's official migratory posts, complying with the corresponding documentation, the requirements and security formalities indicated for each situation. The exit of foreign persons from the country may be denied when they do not comply with the requested requirements or when there exist causes that require that the person's exit be denied.

The following may not depart the country:

a)Unaccompanied boys, girls and adolescents who do not carry the official documentation required to travel alone or accompanied by persons who are not legally authorized.

b)Persons who, while under application for refugee statute, political asylum or humanitarian residence status, have not made the notices and justifications required by the Guatemalan Institute of Migration.

c)Persons who by judicial order are not permitted to leave the country.

The Guatemalan Institute of Migration shall issue the necessary provisions regarding the official documents that must be carried, as well as regarding coordination with tax entities, administrators of seaports, airports and others as required for the effective compliance with and control of the rules on impediment to departure from the country.

The travel documents of the Guatemalan migrant or traveler are those issued by the Guatemalan Migration Institute, so that they may migrate or travel in accordance with internationally recognized migratory statuses.

Those issued by the migratory authorities of other countries so that their nationals may enter, remain in and exit Guatemala in accordance with the migration law in force in the country are also travel documents of the migrant or traveler.

The use of other identity documents as travel documents is recognized for Guatemalan persons as well as for foreign persons when there exist bilateral or multilateral accords with the respective countries that validate the use of other documents.

The only exception to the use of the passport shall be when there exists a bilateral or multilateral accord or agreement to be able to enter the territory of another country by means of another identity document.

The passport is the identity document of Guatemalans abroad, and is issued exclusively by the Guatemalan Migration Institute.

The passport is issued by the Guatemalan Institute of Migration and its obtainment by persons shall be at the offices established for such purpose.

In the case of Guatemalan persons abroad, they may acquire the passport through the country's diplomatic or consular offices.

The Guatemalan Institute of Migration shall transfer twenty-five percent of the net income collected by the consular missions for the issuance of passports abroad to the Ministry of Foreign Affairs; such funds shall be used exclusively for the strengthening and expansion of the consular protection network and assistance to Guatemalan migrants abroad.

Pursuant to the principle of the best interests of boys, girls and adolescents, to obtain a Guatemalan passport, boys, girls and adolescents shall have the authorization of the person exercising representation of the minor, in accordance with the Civil Code. In the event that one or both parents are abroad, the authorization may be given before the respective Guatemalan consular public official; likewise, if one or both parents are in Guatemala and the minor is abroad, the authorization shall be carried out before the Ministry of Foreign Affairs.

Passports are classified as:

a)Ordinary: Those issued to persons of Guatemalan nationality with no restrictions other than those provided for in this Code and national legislation.

b)Official: Those issued to public officials of the State who travel abroad on official missions.

c)Diplomatic: Those issued to the President of the Republic, the Vice President of the Republic, the Deputies to the Congress of the Republic and the Magistrates of the Supreme Court of Justice. Likewise, to diplomatic public officials who are in effective service abroad and to career diplomatic public officials in effective service, at the central office of the Ministry of Foreign Affairs with the rank of Minister, Vice Minister or head of one of the General Directorates of the Ministry.

It shall be issued to persons recognized as refugees by the State of Guatemala, in accordance with the provisions of this Code and the international agreements ratified by Guatemala.

The Special Travel Document must indicate that they are not nationals, but that due to the special conditions of their status they have been granted a temporary identity document so that they may exit and enter the country a single time, there being a fully justified cause.

The following legend must be included in the Special Travel Document:

"This Special Travel Document was issued by the State of Guatemala to the person whose identification data are recorded therein. However, the person has been advised that it does not guarantee their entry into the territory of another State, which is empowered to deny them entry, transit and stay in accordance with its laws and immigration provisions."

The characteristics of passports shall conform to that agreed at the regional level by the Heads of State and Government of the countries of the Central American Integration System (SICA).

The corresponding passport class and the name Republic of Guatemala must always be shown on its cover. The validity of ordinary passports shall be five or ten years and they shall be issued for shorter periods when this Code or its regulations expressly so regulate.

Official and diplomatic passports shall have validity in accordance with compatibility with the government period in which they were issued or upon the public official ceasing to hold public office. State institutions that have requested official or diplomatic passports shall inform the Guatemalan Migration Institute within a period of no more than thirty days of the cessation of the public officials from their positions.

The regulations of this Code shall define the other characteristics of passports, as well as the special conditions that facilitate obtaining renewals or replacements; the Subdirectorate of International Identity and Travel Documents shall issue the security and authenticity rules for the same in accordance with the advances permanently made and the recommendations of the International Civil Aviation Organization.

Passports are null when they are not issued by the Guatemalan Migration Institute, do not comply with the characteristics defined in this Code or its regulation, and when false visas of other countries have been incorporated into them.

They are voidable when, due to theft, robbery, loss, deterioration, and others, they are declared annulled through the corresponding complaint or report procedure.

When the information that, pursuant to this Code and its regulation, it is mandatory for it to contain is altered, the information of the person whom it identifies has been altered, its forms have been altered, and when it has expired upon completion of its period of validity.

When a passport has been lost, robbed or stolen, the person must attach proof of report issued by the corresponding authority to obtain the new passport.

When the passport has deteriorated or been destroyed, a letter signed by its holder and presentation of the original document is sufficient.

The procedure to be followed shall be regulated in the corresponding regulation.

In the case of Guatemalans outside the country, if conditions permit, they must attach a report filed before the competent authority of the country where they are located. In any case, the Consul shall issue them a travel document valid for ninety days.

When the travel document for an unaccompanied boy, girl or adolescent is requested outside the country, the Guatemalan consul shall verify, in communication with the Office of the Attorney General of the Nation, that the boy, girl or adolescent is not reported as disappeared, kidnapped or lost. For the issuance of this document, the provisions of Article 91 of this Code shall be observed.

The best interests of children and adolescents must govern as the criterion of protection with respect to consular action.

In addition to diplomatic public officials in effective service abroad and career diplomatic public officials in effective service at the central headquarters of the Ministry of Foreign Affairs with the rank of Minister, Vice Minister or head of one of the General Directorates of the Ministry, the spouse and minor children have the right to a diplomatic passport.

Guatemalans who are in another country and whose passport expires, deteriorates, is robbed, stolen or lost have the right to request a new passport before the corresponding consular offices.

Persons who have obtained temporary or permanent resident status shall identify themselves with the Personal Identification Document to be issued to them by the National Registry of Persons, in accordance with the specific regulations issued by this Registry.

For purposes of the personal identification document, temporary residents shall be considered domiciled foreigners, applying subparagraph (b) of Article 55 of Decree Number 90-2005 of the Congress of the Republic, Law of the National Registry of Persons.

In the case of persons with provisional permanence status, their passports shall be the identity document.

In the case of persons with special-attention permanence status, they shall be the following:

a)If they hold a passport of the country of origin, it shall be taken as valid until its expiration; thereafter, it shall be the one temporarily authorized by the National Registry of Persons.

b)If they are persons requesting recognition of refugee status, the special document shall be the one authorized by the National Registry of Persons, in agreement with the Guatemalan Migration Institute. It is valid for them to be able to access the obtaining of employment and the exercise of their rights to education and health until a final decision is rendered.

c)Persons with permanence status for humanitarian reasons, by means of the corresponding slip defined in the present Code.

As a general rule, the existence of the passport shall govern. In the case of border workers, the ordinary cross-border visitor card shall be issued, in which shall be recorded the activity to which they devote themselves and, if applicable, the name of the legal person or individual for whom they carry out their activities, or the commercial or public name where they normally perform their duties.

Travel documents are those issued for Guatemalans by the Guatemalan Institute of Migration and which allow persons to obtain the corresponding authorizations, as well as to record the entries, stay and exits of other countries.

Travel documents are also those issued by migration authorities of other countries and which allow the nationals of that country to record the authorization, entry, stay and exit to Guatemalan territory.

Persons recognized as refugees or asylees who do not have travel documents may request from the Guatemalan Institute of Migration the issuance of a special travel document, consisting of a document with the characteristics set forth in the article referring to the Special Travel Document of this Code.

This Special Travel Document shall be valid for a single entry and one exit.

Visas issued by Guatemala to foreign persons authorize such person to enter, transit through, remain in and exit the country for the time determined in the document itself. The time may be changed due to a change in their migratory status in accordance with the status categories defined in this Code.

The national migratory authority must periodically issue which nationalities will be required to have a visa to enter the national territory.

The procedures for obtaining a Guatemalan visa, as well as its form, duration and other requirements, shall be regulated in the specific regulation on visas.

Regularization plans are those by means of which the State of Guatemala allows a foreign person residing in national territory in an irregular situation to obtain an ordinary migratory status, as regulated by this Code and its regulations.

A foreign person is considered in an irregular situation when he or she entered or resides in the national territory, in good faith and peacefully, but does not hold any of the ordinary migratory statuses defined by this Code.

The Executive Branch, at the request of the National Migratory Authority, shall by Governmental Agreement establish the validity of the regularization plans and develop therein the objectives, the period of application and the specific procedure to be followed.

The governing authority for the development of these plans shall always be the Guatemalan Institute of Migration, and for the specific procedure the general rules issued in this same Code shall be observed.

Only the National Migratory Authority may request from the Executive Branch the issuance of these plans, accompanying the corresponding technical study which must be endorsed by the Guatemalan Institute of Migration.

Regularization plans may also be issued in the following circumstances:

a)There is a high number of applications from Guatemalans requesting recovery of citizenship.

b)The presumption based on relevant statistical data of a high number of persons from other Central American countries residing in Guatemala.

c)High number of sons and daughters of Guatemalan persons born abroad who wish to obtain their documents as nationals.

Regularization plans are temporary, with defined time limits and apply to the regularization of persons who have entered the country from a specific year up to a determined year; therefore, they are extraordinary procedures that must be adjusted to each situation and condition, observing the general rules of this Code; in the case of Guatemalans, regularization plans shall be permanent and their procedure shall be regulated by regulation.

The procedures may be subject to fees through the corresponding Governmental Agreement, may be free-of-charge proceedings, payments of fines may be reduced and oriented toward linking persons in a direct relationship with the State as an inhabitant within the framework of their fundamental rights.