Blog · 2025-05-29

Argentina changes the rules: what Decree 366/2025 means for foreigners and migrants

On 29 May 2025, Argentine President Javier Milei signed Decree 366/2025 into effect, ushering in the country's most sweeping overhaul of migration and citizenship law in years. The new rules touch the lives of millions of foreign nationals already living in Argentina, as well as those merely planning to arrive.

Here is a breakdown of the reform's key provisions and their legal implications.

1. Healthcare for foreigners in 2025: the end of universal access

One of the most contentious changes concerns access to public services. Foreigners without permanent residency (DNI permanente) are now required either to:

• hold private health insurance, or
• pay for public medical services out of pocket.

Free emergency care remains available to everyone. But full access to the healthcare system - previously open even to tourists and temporary residents - is now a privilege reserved for permanent residents and citizens.

2. Education for migrants: paid higher education, free primary schooling

Education Law No. 24,521 has also been amended. The principle of "access for all" is now curtailed:

• preschool, primary and secondary education remain free for everyone, including undocumented migrants;
• higher education at public universities is free only for citizens and foreigners holding permanent residency;
• universities are now entitled to charge tuition to all other foreign students.

3. Naturalization and citizenship in 2025: marriage no longer means an automatic passport

Before the decree, foreigners married to an Argentine citizen - or the parents of Argentine children - could obtain citizenship without meeting any minimum residency requirement. That privilege has been abolished.

Under the revised text of Law No. 346:

• applicants must now show two years of continuous, lawful residence in Argentina without leaving the country;
• time spent under a temporary permit no longer counts toward that period.

4. Citizenship by investment: a new route for wealthy migrants

The reform introduces an alternative path to citizenship - through investment. A foreigner who makes a "significant investment" in the national economy (the very definition of "significant" has yet to be set by the Ministry of Economy) can bypass the two-year residency rule.

A dedicated Agency for Investment Citizenship Programs is being created to administer these cases.

5. Naturalization without the courts: authority centralized in the migration directorate

Naturalization will no longer pass through the judicial system. Instead, all authority is transferred to the National Migration Directorate. This may speed up the process, but it also curtails applicants' ability to appeal a rejection.

There is one important exception: all cases filed before 29 May 2025 will be handled under the previous rules, including through the courts.

6. Legal risks and disputes over Decree 366/2025: constitutionality in question

The decree was enacted by bypassing Congress via the DNU procedure (Decreto de Necesidad y Urgencia), which raises legitimate doubts about its constitutionality:

• Article 75, paragraph 12 of the Argentine Constitution states explicitly that migration and citizenship laws are the exclusive prerogative of the National Congress;
• the concept of "continuous residence" with no travel abroad conflicts with fundamental human rights, including freedom of movement.

7. Argentina's migration policy in 2025: the politics and social fallout

The decree plainly reflects the current administration's drive to tighten control over migration and to monetize access to rights through an economic threshold.

It creates a de facto social stratification:

• poor migrants are cut off from social services;
• parents of Argentine children must now "prove their loyalty" through two years of continuous residence;
• investors receive a direct fast-track to citizenship;
• foreign students pay for their studies;
• everyone else loses the tools of legal protection and appeal.

Advice from immigration lawyers: what foreigners in Argentina should do

Lawyers specializing in international migration law highlight the following:

• foreigners who filed their applications before 29 May 2025 should move quickly to secure their rights through a qualified attorney, especially where the case is already before a court;
• new applicants - particularly parents of Argentines or spouses of citizens - should plan for an effective naturalization timeline of roughly five years and prepare for a period without travel abroad;
• investors should watch for the implementing regulation that will set the investment threshold and eligibility criteria;
• applicants in every category should develop an individual strategy.

The bottom line: citizenship and migration in Argentina after Decree 366/2025

Decree 366/2025 is far more than a bureaucratic footnote. It is a large-scale transformation that redefines who can become Argentine, on what terms, and at what price. For some, it opens a fast track to citizenship through capital. For others, it means years of waiting and diminished rights.

At this stage, legal help is not an option - it is a necessity.

Follow the updates and consult professional lawyers if your plans involve Argentina.

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