Argentina Citizenship by Residency Lawyer

The Constitution grants foreigners the civil rights of citizens and provides for nationalization after two continuous years of residence. Citizenship Law 346 develops that rule. Historically, applications were filed before the federal courts; Decree of Necessity and Urgency 366/2025 transferred the procedure to the National Migration Directorate (DNM) and redefined the residence requirement as two years of continuous and legal residence immediately before the application.

The DNM's official guidance currently requires applicants to be over 18, to have resided continuously and legally for the two years prior to the application without leaving the country, to hold an Argentine national identity document (DNI), to evidence a lawful occupation or means of living, and to have no Argentine criminal record.

Immigration residence (temporary or permanent, under Migration Law 25.871) authorises a foreign national to live in Argentina. Citizenship is a different status that, once granted, gives political rights and an Argentine passport. Tax residence is determined by tax law under its own criteria and can arise independently of either.

Confusing these statuses leads to poor decisions — for example, assuming that a residence permit is a step that automatically produces citizenship, or overlooking the tax consequences of spending time in the country. We analyse each separately.

The central question in most files is whether the applicant's residence history meets the legal standard. That depends on the type of residence held, the dates on which it was granted, any periods under precarious residence and any travel abroad.

We review, among other points:

• The applicant's migration category and the dates of each residence granted
• Periods of precarious residence and how they are treated under the current rules
• Entries and exits recorded by the migration authority
• Evidence of lawful occupation or means of living
• Criminal record certificates in Argentina and, where requested, abroad

Foreign documents generally need to be legalised by the Argentine consulate or apostilled when the issuing country is party to the Hague Convention, and documents in a foreign language translated into Spanish by a certified public translator. The DNM may request additional documents. We prepare the document list in advance and review each item before filing.

Naturalization is individual: each adult family member must meet the requirements in their own right. The position of minor children, of children born in Argentina (who are Argentine by birth) and of spouses should be analysed together so that the family's migration and citizenship plan is consistent.

Since 2025, the procedure has been the subject of litigation. Some courts have held that the transfer of competence to the DNM or the new residence rules cannot be applied to particular applicants, and in at least one case an appellate court ordered a federal judge to resume processing a naturalization application under the previous regime. The Supreme Court is now reviewing the validity of the decree.

For an applicant, this means the choice of procedural path — administrative filing before the DNM, judicial action, or waiting for the Supreme Court — is a legal decision with consequences. We assess the options for each client's residence history; we do not promise a particular outcome.

We assist with the online filing, prepare and review the file, and represent clients before the DNM and, where necessary, before the federal courts. For investors who are not yet resident, citizenship by investment is a distinct route under the same law.