On April 2nd, 2019, the Legislative Assembly of El Salvador approved the new Special Law on Migration and Foreigners, which entered into force on May 14th of this year, reason why Government authorities have now begun to adapt the processes and requirements according to the new Law.
The purpose of the Law is to guarantee an effective migratory order regulating the entry and exit of nationals and foreigners from the national territory. It seeks to guarantee the rights and to establish the obligations of national and foreign persons through agile, effective and efficient procedures. It also ensures the protection, promotion and respect of the Human Rights of migrants and their families, as well as guaranteeing them a dignified and fair treatment regardless of their migratory status. All of migration and immigration matters are unified in a single legal body. With this new law, 4 laws that previously regulated the powers of the General Directorate of Immigration and Foreigners were replaced.
The purpose of the Law is to guarantee an effective migratory order regulating the entry and exit of nationals and foreigners from the national territory...
The new law contributes to the security of the country, modernizes the migratory service and promotes foreign investment, having as its main benefit the simplification of procedures and inter-institutional coordination. This new Law seeks to be an instrument by means of which the processes of naturalization, nationalization, and issuance of travel and residence documents can be shortened, reducing the time it takes to obtain them and ensuring a more efficient and organized processing.
Another relevant aspect of the new Law is that it proposes the creation of a Consultative Council on Migration and Foreigners, which will function as a direct adviser to the Presidency of the Republic. Said council shall be formed by representatives of the Ministries of Justice and Public Security, Foreign Affairs, Finance, and Labor and Social Security; and by a member of the National Councils for Children and Adolescents, against Human Trafficking, and that of the Protection and Development of Migrants and their Families.
It also contemplates the granting of new residencies and entry visas for investment issues, business, frequent travelers, commercial representatives, humanitarian issues, studies, and even for medical reasons. Likewise, the migratory infractions have been classified as minor, serious and very serious, establishing as their respective sanctions, fines that can range between twenty percent of a minimum monthly salary in force in the commerce and service sector up to the application of twenty minimum monthly salaries in force in the commerce and service sector, deportation or expulsion from the national territory, trying to ensure with this the compliance with the law and encouraging legal permanence within Salvadoran territory.