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Argentina's 2025 Immigration Overhaul: What Decreto 366/2025 Means for Expats

President Milei's Decreto 366/2025 is the biggest immigration reform in decades. Here's what changed and how it affects your visa plans.

January 15, 202610 min read
Argentina's 2025 Immigration Overhaul: What Decreto 366/2025 Means for Expats

Argentina's immigration landscape changed dramatically in 2025. President Milei's Decreto 366/2025, signed in May 2025, represents the most significant overhaul of Argentina's immigration policy in decades. If you're planning to move to Argentina or already living here, you need to understand these changes.

The Big Picture

Argentina has historically been one of the most open countries in the world for immigration. The 2003 Migration Law (Ley 25.871) guaranteed broad rights to immigrants, including access to public healthcare and education. Decreto 366/2025 fundamentally shifts this approach toward enforcement-focused immigration control.

In November 2025, the government went further by transferring immigration control from the Interior Ministry to the Security Ministry, creating a new Agencia Nacional de Migraciones modeled after US Immigration and Customs Enforcement (ICE).

Key Changes You Need to Know

1. Two-Year Continuous Residence Requirement

**Before:** You could come and go while maintaining residency status.

**Now:** All foreign applicants must live in Argentina for two continuous years on legal status to qualify for permanent residency or citizenship. The key word is "continuous" — meaning Argentina must be your primary residence throughout.

**What does "continuous" actually mean?** Short trips abroad for vacation, family visits, or business are generally fine. Immigration lawyers advise being present in Argentina for at least 8-9 months out of every 12 to satisfy the requirement. What will reset the clock: extended absences of several months, establishing residence in another country, or clearly not living in Argentina. Border runs to reset tourist visas do NOT count toward the 2-year requirement.

**What people are saying:** "The two-year rule sounds scary but my lawyer says short trips are fine as long as Argentina is clearly your home base. Keep utility bills and bank statements as proof." - Reddit user, r/expats

2. Expanded Deportation Grounds

**Before:** Authorities could only deport foreigners with criminal convictions of 3+ years.

**Now:** Any criminal conviction, regardless of severity, can trigger deportation. Even minor offenses that would be misdemeanors in other countries now carry deportation risk.

Additionally, expedited court proceedings for deportation cases were introduced, raising concerns about due process.

**Practical impact:** Be extremely careful about any interaction with law enforcement. What might be a minor issue for an Argentine citizen could become a deportation case for a foreigner.

3. Public Healthcare and Education Access Removed

**Before:** All foreigners, including tourists and temporary residents, had access to free public healthcare and education.

**Now:** Temporary residents and foreigners no longer have access to these services. You must use private services or prove permanent residency.

**Emergency care is still available** at public hospitals regardless of status. But routine medical care, specialist consultations, and ongoing treatment now require private insurance.

**What this means:** Private health insurance is no longer optional. Budget $100-300/month for coverage. If you were relying on the public hospital system, you need a new plan.

4. Precaria (Provisional Certificate) Changes

**Before:** Precarias were valid for 180 days and auto-generated when you scheduled a RADEX appointment.

**Now:** Validity reduced to 90 days. Precarias are no longer auto-generated — they're only issued after attending your appointment and submitting the complete application.

**Work authorization impact:** Since precarias serve as temporary work authorization, this change means longer gaps before you can legally work. Foreign nationals face delayed work start dates.

What Hasn't Changed

Not everything is doom and gloom. Several important things remain the same:

  • **Digital Nomad visa** still available and functional
  • **Mercosur pathway** still exists for eligible nationals
  • **Tourist entry** still visa-free for most nationalities (90 days)
  • **RADEX system** continues operating (and has actually improved — appointments now scheduled within 5 business days)
  • **Renewal flexibility** — you no longer need uninterrupted residence to maintain or renew temporary/permanent permits (separate from the citizenship requirement)

New Programs Worth Knowing

Citizenship by Investment (Decreto 524/2025)

  • Argentina became the first South American country to offer citizenship by investment:
  • Minimum $500,000 investment in qualifying economic projects
  • Applications processed within 30 business days
  • No prior residency requirement
  • Sectors: agribusiness, renewable energy, technology, tourism
  • Expected to fully launch in the second half of 2026

Mandatory Health Insurance for Visitors (July 2025)

All foreign visitors must now present valid health insurance with minimum $20,000 coverage. Must cover medical consultations, hospitalization, evacuation, and repatriation.

**Enforcement reality:** As of early 2026, enforcement has been minimal — the regulations haven't been fully implemented yet. But the requirement is on the books and could be enforced at any time.

How to Navigate the New Landscape

If You're Planning to Move

1. **Get private health insurance before arriving** — don't rely on the public system 2. **Be prepared to stay put for 2 years** if you want permanent residency 3. **Keep your record absolutely clean** — any legal trouble is now much more serious 4. **Apply through RADEX early** — processing times have increased during the transition 5. **Consider hiring an immigration attorney** — the rules are changing fast and professional guidance is worth the investment

If You're Already Here

1. **Review your insurance coverage** — make sure you have adequate private coverage 2. **Understand your residency timeline** — plan around the 2-year requirement 3. **Stay informed** — follow immigration news closely, rules are still evolving 4. **Keep your documentation current** — don't let anything expire 5. **Build a relationship with an attorney** — having professional support is more important than ever

The Bottom Line

Argentina is still a viable and attractive destination for expats. The cost of living remains low, the culture is vibrant, and the visa options are still reasonable. But the immigration environment has shifted from "welcome with open arms" to "welcome with conditions."

The biggest practical impacts are the 2-year continuous residence requirement (plan your travel accordingly) and the loss of public healthcare access (budget for private insurance).

If you're considering Argentina, don't let these changes scare you off — but do go in with realistic expectations and proper preparation. The days of casually navigating Argentine immigration are over.

For complex cases or specific questions about how these changes affect your situation, consulting an immigration attorney who specializes in Argentine law is strongly recommended. [Lucero Legal](https://lucerolegal.org) handles exactly these types of cases and stays current with all policy changes.

Published on argentinavisalaw.com. Based on firsthand experience since 2019. Not legal advice.

Need professional help with your visa application? Lucero Legal specializes in expat immigration in Argentina.