Your Gate to Latin American IP

In force the new Law of Migration

By Carla Sosa, carla.sosa@berke.com.py, BKM | Berkemeyer - 01/11/2022

On October 18 of 2022 the Law N° 6.984/2022 “Of Migration” was published in the Official Gazette (hereinafter the “Law of Migrations”), which supersedes in whole the previous law that rules this matter, the Law N° 978/1996.

Thus it is in force the new Law of Migration, that in its Art. 38 establish the “Categories of Admission,” which could be: Transitory or Resident Stay.

It is considered as Transitory Stay the foreigner who enters the country in order to stay for a limited period of time and without an intention to stay permanently in the country. The maximum deadline of transitory stay for foreigners shall be 90 (ninety) calendar days, that may be extended only one time at the request of the interest party, for a period of time no longer than the one previously granted.  It is worth to point out that this admission shall not require of any further proceeding before the Direction of Migrations, but it does not allow the foreigner to perform any remunerated activities within the country.

Any foreigner with interest in staying in the country with the intention of establishing residence in the country could be admitted as immigrants, under the following categories:

-Spontaneous or Occasional Residence
-Temporary Residence
-Permanent Residence

The Spontaneous or Occasional Residence  is the one that allows foreigners who enter the country with the intention of developing occasional legal activities, remunerated or not, and they are granted for a deadline of up to 90 (ninety) days, that may be extended for the same period of time in the same year.   It shall not be a previous requirement to obtain Temporary Residence.

The Temporary Residence is the one that allows foreigners to stay in the country in order to develop any legal activity, remunerated or not, for a period of time of up to 2 (two) years, that may be extended for the same period of time. This shall be a previous requirement before granting the Permanent Residence. This residence gives access to obtaining the Paraguayan Identity Card. The period of validity of the Paraguayan Identity Card shall be the same period of time as the one granted by the National Direction of Migrations for such residence and it may be renewed according to the extension that may be granted, in this case, by the same authority.

They are excepted from the compliance with the temporary residence as a previous proceeding to obtaining the permanent residence, those foreigners who can sufficiently demonstrate the accomplishment of investments in the Republic of Paraguay, according to the Law N° 4.986/2013 “That creates the Unified System of Enterprise Service for the Opening and Closing of Companies (SUACE)”  and, to the foreign family members of citizens (foreign spouse, children and grandsons, these last ones until they are 18 years old).

The Permanent Residence is the one granted to foreigners who have the intention to stay permanently in the country after they have complied with the period term of the Temporary Residence.  It shall grant access to the Paraguayan Identity Card.  The card of permanent residence shall have to be renewed every 10 (ten) years, just like the Paraguayan Identity Card.

Other innovation in this rule is the Card of Precarious Residence, which shall be granted to the foreigner who has applied for temporary resident, until the time when the proceeding corresponding to obtaining his/her Temporary Residence concludes.  The Card of Precarious Residence shall be granted one only time and it shall be valid for 90 (ninety) calendar days.  This Card shall qualify its holders, during its period in force, to stay, to leave and to re-enter the national territory, as well as to work and to study.

The tariffs perceived by the National Direction of Migrations for obtaining, renewal and modification of the above mentioned authorizations and other related proceedings, as well as the applicable fines for noncompliance have undergone modifications effective with the enforcement of the Law N° 6984/2022.

By Carla Sosa, carla.sosa@berke.com.py, BKM | Berkemeyer - 01/11/2022
Subscribe to the Newsletter

BKM | Berkemeyer

Established in 1951, BKM | Berkemeyer provides expert legal services to local and foreign clients in Paraguay, gaining a global reputation for quality, expertise and professionalism.

BKM | Berkemeyer prides itself on the ability to meet clients’ needs directly, providing professional and practical advice of the highest quality through team-work and collaboration to render services in a thorough manner.

Lawyers in the firm are multilingual, speaking Spanish, English, German, French, Portuguese, Italian and Japanese, which facilitates efficient and expeditious communication.