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Route B · Residence

Argentine naturalization by residence

Law 346 · Art. 2 · Decree 366/2025 · 2026 case law

The route for those who have built their life in Argentina. It allows foreigners over 18 who prove the required residence period and the other legal conditions to acquire nationality.

Legal update on the competent authority

Decree 366/2025 amended Law 346, transferred to the National Directorate of Migration the power to decide naturalization applications, and created the legal framework for citizenship by investment. On 30 June 2026, the National Electoral Chamber declared the decree null, holding that the Executive had encroached on a matter linked to political rights and therefore barred from emergency decrees.

There is therefore a period of institutional transition that does not close the administrative route, but requires choosing, with judgment, the safest procedural path for each situation — and even preparing both in a coordinated way where the case justifies it.

Naturalization is the route for adult foreigners who have established residence in Argentina and express their will to join the national community in law. The traditional regime of the National Constitution and Law 346 contemplates:

Following the National Electoral Chamber's ruling of 30 June 2026, the most recent judicial criterion reaffirms the jurisdiction of the federal courts. As that decision is appealed by the Government and not final, Migration's administrative platform remains published and operative: therefore, naturalization may today proceed via the administrative or the judicial route, as best suits each file.

Residence must be real and provable

The historic case law of the Supreme Court distinguished between migratory status — which regulates the entry and stay of foreigners — and the residence required to acquire citizenship — which relates to effective stay and ties in Argentina. Migratory categories are not, by themselves, decisive.

How is residence proven?

Relevant items may include: entry and exit records, DNI and migratory certificates, lease agreements, utility bills, tax registration, work or commercial activity, bank movements, corporate documentation, medical care, schooling, birth certificates of Argentine children, proof of address, administrative or judicial proceedings, and testimony supported by objective documentation. No single piece of evidence can replace the whole history: the file must allow a consistent reconstruction of when residence began and how it was maintained.

Is speaking Spanish mandatory?

Law 346 does not set knowledge of Spanish as a requirement for naturalization. In Liu, Cairong it was held that judges cannot add as an implicit requirement a condition the legislator expressly removed. A lack of Spanish may complicate a hearing and require an interpreter, but should not in itself become a standalone legal barrier.

Irregular entry and expulsion orders

An irregular migratory situation is not automatically equivalent to a lack of residence. However, an expulsion order, a re-entry ban or an unchallenged proceeding may produce relevant consequences. Before starting naturalization, Migration measures, expulsion orders, criminal records and pending court proceedings must be checked.

Requirements to be analysed

Usual documents

How we structure the case

1
Residence audit
We rebuild the full immigration history and calculate the period that can be counted.
2
Procedural route analysis
We determine the applicable authority and jurisdiction under current rules and case law.
3
Preparing the file
We organise proof of residence, ties, economic activity and absence of impediments.
4
Filing and follow-up
We file the application and respond to objections, document requests or procedural incidents.
5
Nationality, DNI and passport
Once nationality is recognised, we coordinate registration with RENAPER and the issuance of Argentine documents.
Cases that require special assessment
  • People who travelled during the two years.
  • Applicants with expired residence or irregular periods.
  • People with criminal records or open proceedings.
  • Applicants with an expulsion order.
  • Cases started before Decree 366/2025.
  • Files rejected or delayed by Migration.
  • People who have already started court proceedings.

Assess my residence for naturalization

We calculate the creditable period and identify the available legal route before the file is opened.

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