El Salvador cuts the physical-presence requirement for temporary residents from 9 months to 90 days

On March 17, the Legislative Assembly of El Salvador approved a reform to the Special Immigration and Foreigners Law (Ley Especial de Migración y de Extranjería)—the measure was passed with 57 votes.

Three days later, President Nayib Bukele signed Executive Decree No. 531 (Decreto No. 531). On March 23, the reform was published in the Diario Oficial (No. 57, Tomo 450). Since the decree states that it enters into force eight days after publication in the Diario Oficial, the changes effectively took effect on March 31.

The key change is a sharp reduction in the mandatory physical presence requirement for holders of temporary residence permits.

90 days per year: consecutively or in total

Previously, temporary residents had to stay in the country for 9 months each year and could not be absent for more than 90 consecutive days. In practice, this created problems for people who regularly travel for work: frequent trips could lead to status cancellation and the need to restart the process.

Now, Decree No. 531 replaces the old rule with a minimum presence of 90 calendar days per year. The revised Article 119 states that every person with temporary residence must remain on Salvadoran territory for at least 90 calendar days during each year—either consecutively or in total. If the threshold is not met, the status will be revoked under the updated Article 49.

Exceptions are allowed for caso fortuito (fortuitous event) or fuerza mayor (force majeure), but the decree requires that this be properly justified before the General Directorate of Migration and Foreigners. A simple accidental failure to comply is not enough.

Elena de Marroquín, head of the Foreigners Affairs division at the General Directorate of Migration and Foreigners, emphasized that the reform reflects the changing profile of foreigners in the country—especially entrepreneurs, investors, and business professionals, whose work often involves cross-border travel.

For comparison, El Salvador’s former presence threshold was higher than the regional norm. For example, Uruguay, as part of its three- or five-year path to naturalization, requires only 60 days per year.

CitizenX co-founder and CEO Alex Requoso views the reform as part of a deliberate strategy: This is a good way to encourage people to spend more time in the country. In his view, El Salvador is becoming more attractive thanks to simpler company-registration conditions and lower requirements for maintaining temporary status, making it easier for newcomers to decide to move permanently.

Legal grounds for loss of citizenship are spelled out

At the same time, Decree No. 531 amends Article 279 and details two grounds under which naturalized Salvadoran citizens lose citizenship.

First ground: citizenship can be lost if a person lives in their country of origin for more than two consecutive years, or is absent from the territory of the Republic for more than five consecutive years. An exception applies where a permit under Article 280 is in effect.

Second ground: citizenship is lost by a final court decision that has become effective in cases where a conviction is issued for serious intentional crimes. If citizenship is lost due to a criminal conviction, the person will not be able to regain citizenship.

These provisions largely mirror the wording of Article 94 of the Constitution of El Salvador (almost verbatim). The constitutional rule itself has existed since 1983, but until now the corresponding law had not specified the grounds and procedural details with this level of precision.

For participants in the Freedom Passport CBI citizenship-by-investment program, the five-year absence period remains an important factor: a citizenship valued at USD 1 million may have limited usefulness if maintaining status requires regular physical presence that the investor did not plan from the outset.

Citizenship for children born abroad

A separate provision addresses a gap in the citizenship rules. The decree amends Article 164: it now provides that children under 18 born abroad before their parents obtained Salvadoran citizenship status by birth or naturalization will be considered citizens upon request by the parents. The General Directorate must develop a special procedure to review such applications.

There is also a condition. After reaching adulthood, the children must declare to the competent authority their intention to retain Salvadoran citizenship. Without this confirmation, citizenship will be lost.

El Salvador adapts immigration rules to a growing influx of foreigners

In the preamble to the legislative decision, the reform is described as a measure to ensure legal certainty in immigration processes and protect the constitutional order and the security of the state. At the same time, a more direct conclusion was drawn by the commission on Salvadorans abroad: historically, the country’s immigration legislation was designed for a state that primarily exports migrants rather than receives them.

Bukele’s approach has changed the picture. El Salvador—once home to one of the highest homicide rates in the world and now among the safest countries in the Americas—combined with a territorial tax system and the early adoption of Bitcoin as legal tender, has begun attracting more foreign entrepreneurs and remote workers.

Available options include: a digital nomad visa with the further possibility of permanent residency and, in the long term, citizenship; a visa for self-sufficient individuals with an income threshold of USD 1,200 per month; and a citizenship-by-investment program priced at USD 1 million in Bitcoin or USDT.

The comparison to the UAE, cited by Requoso, has merit. For instance, in December 2025 El Salvador extended free registration for Simplified Joint-Stock Companies (S.A.S.) until the end of 2026, and in March 2026 a MYPE legal reform further simplified business legalization procedures.

Following a step-by-step model similar to the UAE—through free zones, incentives to create companies, and flexible visa conditions—El Salvador is steadily reducing “friction” at entry before asking newcomers to take on longer-term commitments.

For Spanish-speaking people and citizens of Latin American countries, naturalization is possible after one year of residence. For other foreign nationals, the path is five years. With the introduction of the 90 days of physical presence per year requirement, El Salvador’s temporary residence has become one of the most “lenient” options in the Western Hemisphere for those who want a legal base without spending most of the year in the country.

If you work remotely and regularly split time между странами, migration updates can significantly affect your residency plan. El Salvador has reduced the required physical presence for temporary residents to 90 days per year—a change that’s especially relevant for digital nomads. Want to evaluate how these terms may fit your schedule and what to do next? Reach out to Digital Nomad.

Our Telegram channel about various types of Greek residence permits, digital nomad programs, and the Greek Golden Visa: @digitalnomadgr