With the 2025 amendments to the Immigration Law and the Argentine Citizenship Law, numerous questions have arisen regarding the available pathways to obtain legal residence in the Argentine Republic and Argentine citizenship. In many cases, these two concepts are confused by clients or treated as though they were interchangeable.
This article is intended to clarify the main differences between these two concepts and to outline the options currently available under the applicable legal framework.
Residence by Investment
Some time ago, I published a post on «temporary residence by investment» in Argentina, outlining the key aspects of this immigration subcategory. This category allows eligible individuals to remain legally in the country for up to three years – after which, if they so wish, and provided they meet the regulatory requirement of having sufficient financial means, they may apply to change their status to permanent residence.
Emergency Decree No. 366 of May 28, 2025 did not amend Article 23, subsections «d» or «n» of Immigration Law No. 25,871 (which directly refer to the «investor» subcategory and the «special» subcategory, respectively). Therefore, the previously mentioned post remains fully valid.
However, it is important to note that new procedures relating to residence by investment are expected to be introduced soon in 2026 through amendments to the regulatory decree of the Immigration Law, and/or special immigration regulations. Future regulations will likely update the mechanisms through which residence by investment may be obtained in Argentina. It would be advisable to facilitate small-scale investments (such as those made by some of our clients in the culinary and food industry or that of a French citizen who launched a textile venture who have been granted access to this residence category), rather than focusing exclusively on large-scale projects.
Facilitating access to residence by investment for entrepreneurs, professionals, and participants in the local productive ecosystem can stimulate the local economy, strengthen value chains, and diversify the profiles of those who choose to contribute to the country.
A plural and flexible approach – aligned with Argentina’s socioeconomic reality and comparative international experience – would promote distributed, sustainable, and inclusive investment, rather than concentrating benefits solely in large capital.
Ultimately, a fair, intelligent, and modern migration policy should value not only the amount invested (which is currently outdated and undefined), but also the investor’s intention, as well as the economic, social, and innovative impact of their contribution to Argentina’s development.
Citizenship by Investment
With respect to citizenship by investment (naturalization), Decree No 366 introduced significant changes.
Previously, Article 2, subsection 2, paragraph 3 of Citizenship Law No. 346 stated:
«Foreigners who prove before the courts that they have rendered certain services—regardless of the duration of their residence—such as establishing a new industry in the country or introducing a useful invention.»
Decree No. 3.213 (still in force but most probably soon to be amended) further clarified this provision by including:
«Any action representing moral or material progress for the Republic.»
The spirit of the rule was to recognize individuals who contributed, innovated, and developed projects within Argentina, allowing for exceptional naturalization in a period shorter than the standard two-year (continuous – «uninterrupted») residence requirement.
In practice, this referred more to industrial contributions (methods of production) than to commerce, culture, or intangible innovations such as software or business models.
Thus, two concepts could be distinguished:
- «New industry»: one not existing locally (regardless of whether it existed abroad), promoting employment and innovation.
- «Useful invention»: an idea (patented or not) introduced into the country, contributing to production methods.
However, in practice, there was often a lack of alignment between individuals with innovative ideas and institutions capable of developing them locally.
There were also attempts by foreign nationals to donate funds (e.g., to hospitals or schools) in exchange for citizenship, which were consistently rejected by Argentine courts.
As a result, cases of citizenship granted under this provision were historically very limited.
Key Changes Introduced
The new wording of Article 2 of the Citizenship Law states:
Foreign nationals who prove before the National Directorate of Migration, regardless of their length of residence, that they have made a relevant investment in the country.
This replaces the reference to «new industry or useful invention» with «relevant investment.»
This raises several important questions:
- What constitutes an «investment»? Must it be purely financial, or could it include ideas with economic value if materialized?
- What is meant by «relevant»?
The amended law provides that the Ministry of Economy will define which investments qualify, possibly establishing specific programs.
Media reports based on official declarations suggest that an investment of USD 500,000 may qualify in sectors such as technology, agribusiness, energy, or tourism. However, there has been no official confirmation to date, beyond a press conference from 2025.
Importantly, the amount invested should not be the only criterion. Certain high-impact innovations may require minimal capital but generate substantial social or economic benefits. Under the new wording, however, individuals with strong ideas but limited capital may face greater difficulty qualifying.
Shift in Authority
Another key change is procedural:
Previously, naturalization was decided by federal courts.
Now, under the amended law, the process falls within the Executive Branch, raising questions about the division of roles between:
- The National Directorate of Migration (DNM) (currently under the Ministry of Security, and previously Ministry of Interior)
- The newly created Citizenship by Investment Agency (under the Ministry of Economy)
New Institutional Framework
The decree creates the:
Citizenship by Investment Programs Agency
A decentralized body under the Ministry of Economy, responsible for:
- Designing and managing citizenship-by-investment programs
- Receiving applications
- Requesting reports from relevant authorities (DNM, Financial Intelligence Unit, etc.)
- Evaluating applications
- Issuing a recommendation to the DNM
This agency effectively assumes a role similar to that previously held by the prosecutor in judicial proceedings (naturalization processes).
Applicants whose requests are rejected by the DNM may appeal before the federal courts.
Conclusions
There is still a long way to go before fully understanding how these new mechanisms will operate in practice. While Decree 366 has introduced significant changes, further regulatory developments are required, and expected in 2026.
Citizenship-by-investment programs could potentially include:
- Real estate investment in strategic areas
- Introduction of innovative technologies or solutions
- Establishment of new industries
- Investment in existing projects (private sector, universities, research institutions such as CONICET)
- Support for social or environmental impact initiatives
It is to be hoped that all forms of contribution – not only financial ones – will be considered when evaluating eligibility for Argentine citizenship.
Contributions that generate innovation, employment, sustainability, or improvements in quality of life should be recognized, in line with the inclusive and progressive spirit of Argentine law.
Paula Carello
Attorney at Law
Master’s in International and Diplomatic Relations of the European Union (College of Europe, Belgium)
Professor (Argentine Catholic University)
President, Migration and Refugee Law Institute – Bar Association of Rosario
President, Fundación Migra
Lecturer, Migration and Asylum Policy Institute – National University of Tres de Febrero
