Countries › Uruguay › Guide › 8. Immigration › Overstays, refusal of entry, cancellation of residence and expulsion in Uruguay, with appeal rights and the 2024 and 2026 arraigo regularization programmes

Overstays, refusal of entry, cancellation of residence and expulsion in Uruguay, with appeal rights and the 2024 and 2026 arraigo regularization programmes

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Last verified: 2026-10-27 · Status: Changing

Overstaying, entering outside a border post or after a conditional landing are grounds for expulsion, but the DNM must first give the person 60 calendar days to regularize, taking into account family ties with nationals and personal circumstances; collective expulsion is prohibited. Expulsion and cancellation decisions can be challenged under Constitution art. 317 with suspensive effect and can only be carried out once final; an administrative expulsion bars re entry for three years unless it involved serious crimes or human rights violations. Decreto Nº 239/026, published 26 October 2026 and in force 90 days later, opens a 12 month window of permanent residence by arraigo for people who entered before 1 January 2026 as asylum seekers or whose asylum claim was finally rejected.

USD figures use UYU 40.210 per US dollar (BCU, DLS. USA BILLETE, 27 October 2026) and UI amounts use UYU 6.6792 per Unidad Indexada (BCU, 27 October 2026), both from the BCU quotations service; UR amounts use UYU 1,940.77 (IMPO value table, September 2026, latest published). Conversions are for orientation only; DNM fees are set in UI and move with the index.

Key facts

Notice to regularize before expulsion for overstay or irregular entry	60 calendar daysLey Nº 18.250 art. 52 (Ley Nº 20.212 art. 159), as of 2026-10-27 · in force
Re entry bar after an administrative expulsion (not serious crimes)	3 yearsLey Nº 18.250 art. 45 C (Ley Nº 20.212 art. 158), as of 2026-10-27 · in force
Crimes that block residence: intentional offences punishable by more than	2 years yearsLey Nº 18.250 art. 46, as of 2026-10-27 · in force
DNM fine range	4 to 400 URLey Nº 18.250 art. 69, as of 2026-10-27 · in force
Deadline for revocation appeal against migration decisions	10 daysConstitution art. 317; Ley Nº 18.250 art. 49 and 53, as of 2026-10-27 · in force
Application window under Decreto 239/026 from entry into force	12 months, extendable once by 12 monthsDecreto Nº 239/026 art. 2, as of 2026-10-27 · pending

The rule

1. Grounds for refusing entry: lack of the required documents; participation in genocide, war crimes, crimes against humanity or human rights violations; an unrevoked expulsion or re entry ban (after an administrative expulsion not involving literals B or D, re entry is possible three years after the measure); convictions for trafficking or smuggling of people, money laundering, drug or arms trafficking; attempts to evade migration control; public health reasons under the International Health Regulations; and public order or State security reasons. Border staff may not prevent the entry of anyone who states an intention to seek refuge, even without documents.Ley Nº 18.250 art. 45, literal C as worded by Ley Nº 20.212 art. 158, Art. 45, 2023-11-06 official text · verified 2026-10-27 · changed: Ley Nº 20.212 of 6 November 2023 (art. 158) gave literal C its current wording, including the three year re entry rule for administrative expulsions.

2. Grounds for denying residence: having been formally charged or convicted for intentional common crimes in Uruguay or abroad punishable by more than two years of prison, or repeat offending; if the foreign record does not show the sentence, the penalty under Uruguayan law is used. Such people may apply only after five years without a new offence from the effective serving of the sentence.Ley Nº 18.250 art. 46 as worded by Ley Nº 20.212 art. 155, Art. 46, 2023-11-06 official text · verified 2026-10-27 · changed: Ley Nº 20.212 of 6 November 2023 (art. 155) gave art. 46 its current wording, which covers persons formally charged (formalizadas) as well as convicted.

3. Grounds for expulsion: entry through an unauthorized point or evading migration control; conditional landing because of doubts on legal or documentary status; staying after the authorized term; entry with false or altered documents when so decided by the courts; enforcement of a cancellation of temporary residence or visitor stay; and later discovery of the serious grounds in art. 45 B and D. In the first three cases the DNM must first order the person to regularize within a peremptory 60 calendar days, considering kinship with nationals and personal and social conditions, under warning of expulsion. Expulsion orders may be appealed under Constitution art. 317 with suspensive effect, may be carried out only once final, do not affect wage claims, and collective expulsion is prohibited.Ley Nº 18.250 art. 51 to 56, art. 52 as worded by Ley Nº 20.212 art. 159, Art. 51, 52, 53, 54, 55 and 56, 2023-11-06 official text · verified 2026-10-27 · changed: Ley Nº 20.212 of 6 November 2023 (art. 159) gave art. 52 its current wording with the 60 calendar day notice.

4. Cancellation of residence: the Ministry of the Interior may cancel any residence and order expulsion for fraud, intentional crimes punished with penitentiary or repeat offending (except refugees), absence of permanent residents for more than three years, breach of the conditions of a state subsidized entry or of a tax, fee or contribution exemption, serious crimes in art. 45 B and D, or terrorism and human rights violations; the DNM may cancel a temporary residence or visitor stay when the reasons for it have been distorted. Cancellation does not take effect against the mother, father, spouse or partner of a national, and can be challenged with suspensive effect. Administrative appeals under Constitution art. 317 must be filed within ten days of notification (revocation, with hierarchical appeal jointly where applicable).Ley Nº 18.250; Constitution of the Republic, Ley 18.250 art. 47, 48, 49 and 50; Constitution art. 317, 1967-02-02 official text · verified 2026-10-27

5. Fines: the DNM may impose fines set by regulation between 4 UR and 400 UR; international transport companies that breach migration rules are among those liable. The regulation fines carriers 4 UR per infringement for the first twenty in a year, 8 UR from the twenty first, an extra 100 UR above eighty infringements, and 400 UR per person when they fail to remove rejected passengers or expelled persons or deserting crew.
Cost to do it: At UR 1,940.77 (September 2026): 4 UR about UYU 7,763 (US$193.06); 400 UR about UYU 776,308 (US$19,306).Ley Nº 18.250 art. 69; Decreto Nº 394/009 art. 32, Ley 18.250 art. 69; Decreto 394/009 art. 32 and 33, 2009-08-24 official text · verified 2026-10-27

6. Late regularization of a visitor: a person whose authorized stay has lapsed may request a late extension of stay at a higher DNM fee rather than an in time extension.
Cost to do it: UI 345.00 (about UYU 2,304 or US$57.31) against UI 225.60 (about UYU 1,507 or US$37.47) in time.DNM sheet Prórroga de permanencia temporaria, Costs, 2026-07-15 official text · verified 2026-10-27

7. Arraigo programmes: Decreto Nº 138/024 created a residence by arraigo programme (work, family and study ties) for people who entered through an authorized border post as asylum seekers and were in Uruguay on its publication, with a 12 month option window (extendable once by six months); work or family arraigo gave permanent residence, study arraigo a one year renewable temporary residence. Decreto Nº 239/026 adds a special permanent residence by arraigo for foreigners who entered regularly before 1 January 2026 and are asylum seekers willing to withdraw their claim or whose claim was finally rejected, have no other regularization route and no impediment under art. 45 and 46; they must apply within 12 months of its entry into force (extendable once by 12 months) with photo, identity document, five year criminal records and proof of their own or family means of living, and obtain a provisional identity document on filing.
Cost to do it: The standard DNM residence fee applies under Decreto 138/024 art. 18, with possible exemption for people in poverty, asylum seekers and refugees under Ley 18.250 art. 70.Decreto Nº 138/024; Decreto Nº 239/026, Decreto 138/024 art. 1 to 18; Decreto 239/026 art. 1 to 5 and 11, 2026-10-08 official text · verified 2026-10-27 · changed: Decreto Nº 239/026 of 8 October 2026, published 26 October 2026, enters into force 90 days after publication (art. 11) and opens a new 12 month arraigo window.

Step	Rule	Norm
Stay expires	Must leave unless extension or change of category requested before expiry	Art. 38
Late extension	DNM late extension UI 345	DNM sheet
DNM detection	Order to regularize within 60 calendar days	Art. 52
Expulsion decision	Appeal under Constitution art. 317 within 10 days, suspensive effect	Art. 53; Constitution art. 317
Enforcement	Only when final; wages remain claimable	Art. 54 and 55
Afterwards	Re entry possible after 3 years for administrative expulsions	Art. 45 C

From irregular stay to expulsion (Ley Nº 18.250 as amended)

Worked example

A Colombian employee's two year temporary residence lapsed six weeks ago because the renewal was not filed. As a Mercosur associated state national, the quickest fix is to file for Mercosur permanent residence (UI 557.30 (about UYU 3,722 or US$92.57)) at once. If the DNM detects the lapse first, it must give 60 calendar days to regularize before any expulsion decision, and any expulsion order can be appealed with suspensive effect within ten days. The employer should suspend productive work until the person again holds a residence in process document, since art. 22 bars employing people in irregular status.

Step by step

1. If a stay or residence is about to lapse, file the extension, renewal or change of category before expiry.
2. If it has lapsed, file the late extension or a residence application immediately; regularization is cheaper than defending an expulsion.
3. If you receive a DNM order to regularize, comply within 60 calendar days and keep proof of filing.
4. If an expulsion or cancellation is notified, file revocation (and hierarchical appeal where applicable) within ten days; enforcement is suspended while it is pending.
5. Asylum seekers or rejected applicants who entered before 1 January 2026 should check eligibility for the Decreto 239/026 window once it is in force.

Common traps

Overstay is itself a ground for expulsion (art. 51 C); do not assume tolerance.
Family ties with Uruguayans protect against cancellation of residence (art. 48) and are weighed before expulsion (art. 52), but they do not regularize status automatically.
The arraigo programmes are for people who entered as asylum seekers; they are not a general amnesty for overstayers.
Being formally charged (formalizado), not only convicted, for an intentional offence punishable by more than two years can block residence (art. 46).
Employers who keep an irregular worker on payroll face labor inspection sanctions.

Sources

← Employer obligations for foreign staff in Uruguay: no hiring in irregular status, equal treatment, BPS onboarding within 30 days and labor inspection sanctionsUruguayan citizenship for foreign residents and descendants: legal citizenship after three or five years, natural citizenship for children and grandchildren of Uruguayans, and the Corte Electoral procedure →