8/9/2019 How to Enter and Stay in Argentina http://slidepdf.com/reader/full/how-to-enter-and-stay-in-argentina 1/17 How to enter and stay in Argentina Fandiño Abogados San Martín 686, 5th floor C1004AAN Buenos Aires, Argentina Tel.: (54-11) 4314-0250 [email protected]www.fandinoabogados.com This booklet is intended to provide readers with basic information concerning issues of general interest. It does not purport to be comprehensive or to render legal advice. For advice about particular facts and legal issues, the reader may consult us at [email protected]. The information provided is as of 1 August 2010. Consider the environment before printing this document.
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This booklet is intended to provide readers with basic information concerning issues of general interest.It does not purport to be comprehensive or to render legal advice. For advice about particular facts and
legal issues, the reader may consult us at [email protected]. The information provided is as of
1 August 2010.
Consider the environment before printing this document.
First of all, to enter the Argentine Republic, it is necessary to have a passport, except for theinhabitants of bordering countries who shall only file the national identity card of their country
of origin.
There are different visas to enter and stay in the Argentine Republic.
We will inform you about the different kinds of visas that enable a foreigner to stay in
Argentina. In this section you will find the necessary requirements for obtaining the
corresponding visa.
The classification is based on the period of time that you want to stay in the country.
1. Transitory Residence
1.1. Tourist Visa.
1.2. Business Visa.
1.3. Technical Work Visa.
2. Temporary or Permanent Residence
2.1. Requirements for Temporary Residence:
2.1.1. Domestic service:
2.1.2. Student
2.1.3. Religious person
2.1.4. Rentier
2.1.5. Pensioner
2.1.6. Sportspeople and Artists
2.1.7. Scientists and Specialized Workers
2.1.8. Patients under Medical Treatment
2.1.9. Academic staff
2.1.10. Investors
2.2. Permanent Residence
2.3. Information on residence permits granted to minors
2.4. Other Residence Categories
2.5. National Program for the Regularization of Mercosur Immigration Documents "Patria
The maximum permanence term of tourism visa is 90 (ninety) days, which can only be extendedonce, at the Immigration Bureau (Dirección Nacional de Migraciones or DNM) or any of its
offices, before the original expiration date.
All individuals from those countries for which Argentina requires a previous visa shall obtain
their visa at the nearest Argentine Consulate in their place of daily residence.
The Argentine Consulate may request additional documents.
The applicant shall demonstrate that he is a businessman by means a letter from the company
where he works, bank references, etc. In the case of an invitation from an individual or legalentity, he shall obtain the prior approval from the Immigration Bureau (Dirección Nacional de
Migraciones).
For that purpose, he shall file the following documents before the Immigration Bureau
(Dirección Nacional de Migraciones):
• - Letter of invitation.
• - Legal existence of the company (by-laws, last Minutes of the Board of Directors, and
the registration number of the company, which shall be previously obtained at the
Immigration Department)
• - Accounting evidence of the company (last VAT paid, and last payments of the Incomeand Gross Income Taxes, as well as other contributions and taxes).
When the Immigration Bureau (Dirección Nacional de Migraciones) has approved the entry of a
foreigner, he shall apply for his visa at the nearest Argentine Consulate in his place of daily
residence. This procedure may take about 20 business days.
1.3. TECHNICAL WORK VISA
General Information:
This visa can be obtained at the Consulate, prior to the trip to Argentina and it authorizes the
foreigner to perform paid tasks for a term of 15 (fifteen) days, which can be renewed only once
at the Immigration Bureau (Dirección Nacional de Migraciones), before the expiration of the
permanence term.
This visa is very useful for business trips for a maximum period of 30 (thirty) days because the
foreigner shall leave the country before the expiration date of this visa.
This visa is not very common and some Argentine Consulates may not apply it.
The Argentine Immigration Policy is governed by the provisions of Law No. 25,871. In this way,
all individuals who want to legally reside in the Argentine Republic shall be included in any of
the criteria for temporary or permanent admission listed in sections 22 and 23 of the
abovementioned law.
For that purpose, the Immigration Bureau (Dirección Nacional de Migraciones) shall request not
only the personal documents but also any document evidencing the fact that the person
requesting this residence is under any of the admission criteria.
For operating purposes, and pursuant to the provisions of the laws in force, the manners and
requirements to obtain a residence-either temporary or permanent- are different according towhether the applicant is a native citizen from the Member and Associate Countries of the
MERCOSUR (Southern Common Market) or from the Extra-MERCOSUR.
In the following sub-sections, we will examine the different admission criteria and necessary
documents to obtain a temporary residence in the Argentine Republic.
It is important to mention that the following visas shall be granted directly by the Immigration
Bureau (Dirección Nacional de Migraciones), but can also be granted by the nearest Argentine
Consulate of the foreigner's daily residence, prior approval by the Immigration Bureau
(Dirección Nacional de Migraciones).
It is very important to take into account that, prior to obtaining the entrance permit, when a
person (extra Mercosur) enters the country, the individuals or legal entities shall apply for their
enrollment with the Applicants' Registry, granted by the same entity, which authorizes them to
hire foreign people.
2.1. REQUIREMENTS FOR TEMPORARY RESIDENCE:
Any person who intends to enter and stay in Argentina on a temporary basis shall have the
following personal documents:
• A - Identity: identity is evidenced by Passport, Identity Card or Certificate of Nationality,
all of which must be in FULL FORCE AND EFFECT.
• B - Last entry to the country: It is evidenced by the seal stamped by migration
authorities in the corresponding Passport or Entry Card.
• C - Certificate of criminal records issued by the country of origin or the place where the
person has lived for the last 5 years prior to his/her entry to the country (only required
for those people who are over 16 years old)
• D - Police Criminal Record Certificate issued by the National Registry of Recurrence(Registro Nacional de Reincidencia): This document is only required when residence is
applied for directly at Immigrations once the applicant is already in Argentina. In such
case, our firm will help you obtaining this document.
IMPORTANT:
• - Any documents issued abroad must be certified by the Argentine Consulate in the
country where the documents where issued or certified with the seal "Apostille" (for
non-bordering countries adopting Hague Convention of 1961) or certified by Consulate
of the country where the documents were issued in Argentina.
• - Any documents written in a foreign language (except for documents issued inPortuguese within the territory of Brazil) shall be translated into Spanish by a National
Sworn Translator and certified by the Translators Association (Colegio de Traductores )
in which the professional is registered.
• - Any documents shall be filed in original and photocopy, for their certification.
Residence fee:
The Immigration Bureau (DNM) charges a fee of ARG$ 600 (six hundred Argentine Pesos) in
cash shall be charged for diligences of residence. Persons are under 16 (sixteen) years of age
who apply for residence together with their parents are exempted from the fee.
It is important to take into account that for the following categories it is necessary to file the
documents listed below as well as any appropriate residence fees.
2.1.1. Domestic service:
If a foreign person is hired to perform housework under the Domestic Service Labor Law
(Estatuto del Trabajador del Servicio Doméstico), the following documentation shall be
required:
• 1 - A written agreement with clauses in compliance with the provisions set forth underthe Domestic Service Labor Law, entered into by and between the worker and the
employer, and executed before a Notary Public or an officer of this Argentine
Immigration Department (if you wish to have a sample agreement, you may request it at
the division "Information" (Informes, in Spanish) located in Building No. 4).
• 2 - Title deed, lease agreement, and other instruments from the place where the
foreigner is to perform said housework, together with a proof of payment for the last
taxes or services.
• 3 - Appropriate supporting documentation evidencing sufficient ability to pay in order toguarantee compliance with any and all contractual provisions for the benefit of the
foreign worker (for instance, the last income tax return or accounting certificate issued
by a registered public accountant and authenticated by the Professional Council of
Economic Sciences (Consejo Profesional de Ciencias Económicas). If your employer is a
worker with employee status, he shall submit his last 6 (six) pay stubs.
2.1.2. Student
The following documents shall be requested:
• 1. Proof of university admission• 2. Details of the syllabus
• 3. Registration of the institution with the Immigration Department
2.1.3. Religious person
If the foreigner is a religious minister, seminarian or religious staff exclusively dedicated to
activities carried out by officially recognized churches, orders, denominations or communities;
or he is applying for admission for the purposes of taking up religious or theological studies in
the Argentine Republic, the following documentation shall be required:
• 1.- Letter of introduction from his Superior or authorized representative, certified by the
Secretariat of Divine Worship, clearly specifying the role or activity to be carried out by
said foreigner within the Argentine Republic.
2.1.4. Rentier
Foreigners paying their stay in the Argentine Republic with rents generated by resources from
abroad, or any other legal income from foreign sources, may reside in our country provided
that they submit the following documentation:
• Any such documents duly evidencing their income from abroad, which shall be such asto pay their stay in the Argentine Republic - it is necessary to show that such rent is
sufficient to cover the next 3 years with at least ARG$ 8,000 per month for each family
member.
• The rentier must also prove the origin of the funds and their entry into the country
through banks or financial institutions authorized by the Central Bank of Argentina.
Any foreigner devoted to scientific, technical, research or consultancy activities, whether hired
by public or private entities to perform specialized works. Likewise, executives, technicians and
clerical staff from foreign public or private entities- either businesses or industries, brought to
the country to fill special vacancies in their companies, who earn fees or salaries in theArgentine Republic, may acquire their resident status by submitting the following documents
for immigration purposes:
• 1. Employment contract
• 2. Legal existence of the company (by-laws, last Minutes of the Board of Directors, and
the registration number of the company, which shall be previously obtained at the
Immigration Department)
• 3. Accounting evidence of the company (last VAT paid, and last payments of the Income
and Gross Income Taxes, as well as other contributions and taxes).
2.1.8. Patients under Medical Treatment
Foreigners undergoing health problems who show the necessity or convenience of being
assisted in any Argentine health institution - whether public or private -, may request an
authorization to temporally reside in the country for a term of 1 (one) extendable year from the
Argentine Immigration Department, with multiple entries and exits into and from the country.
In the case of minors, disabled persons or individuals with health problems who, due to the
seriousness of their pathology, should stay with their companions, the authorization shall be
extended to their immediate relatives, legal representatives or guardians.
The documentation requested for the visa application procedure is the following:
• 1.- Medical history clearly specifying the pathology and the kind of treatment to be
followed in the Argentine Republic.
• If it is performed in a Public Hospital, it shall be signed by the Director of such
institution.
• If it is performed in a Private Hospital o by a private physician, it shall be authenticated
by the Department of Health.
2.1.9. Academic staff
Foreigners entering the country by virtue of academic agreements entered into by and betweenhigher education institutions in specialized areas, under the responsibility of the higher
education center hiring them, may request an authorization to stay in our country for a one-
year term, extendable for an equal period, for which they shall submit (in addition to their
personal documents) any and all documentation evidencing said academic agreements.
Whoever enters into this subcategory must make a productive investment, commercial or
services of interest to the country for a minimum of $ 1,500,000 (pesos).
The applicant shall submit to the Department of Migration the investment project, having to
prove the origin and legality of the funds, and their entrance to the country through banks or
financial institutions authorized by the Argentine Central Bank.
With the approval of the immigration authorities, the Ministry of Industry will analyze the
project and the execution time and issue a nonbinding opinion, taking into account the
following parameters: 1. Nature of the investment, 2. Legal viability of the project, 3. Economic
and financial sustainability of the project.
Once those proceedings are returned to the Department of Migration, it shall grant atemporary residence, setting a deadline for the fulfillment of the investment which shall
In addition to any personal documentation, an individual who wishes to permanently live in the
country shall file certain documents in order to comply with the following specific eligibilityrequirements:
• A - Child born in Argentina or with resident status: The applicant shall submit the Birth
Certificate and National Identity Card (DNI, Documento Nacional de Identidad) of his
Argentine or resident child.
• B - Spouse of an Argentine or resident citizen: Marriage certificate and National Identity
Card (DNI, Documento Nacional de Identidad) of the Argentine or resident spouse.
• C - Argentine father or mother: National Identity Card (DNI, Documento Nacional de
Identidad) of the Argentine father or mother, and the birth certificate of the applicant.
• D - Resident father or mother: interested individuals shall be single and under 21 years
old, and shall submit the resident father or mother's National Identity Card (DNI,Documento Nacional de Identidad) and their own birth certificate.
Extra - MERCOSUR: All foreigners that were not born in any of the MERCOSUR Countries and
Associate States shall submit their temporary or permanent residence applications to the
Residence Division at the Admissions Office of the Argentine Immigration Department (División
Radicaciones, Dirección de Admisión de Extranjeros, Dirección Nacional de Migraciones, in
Spanish) or to any of its regional offices within the country, or request their entry permit before
entering the country.
For the purposes of regularizing their visa status, applicants shall submit a series of personaldocuments, which are the same for any kind of procedures, and also the documentation
evidencing their compliance with the eligibility requirements for the residence they are
2.3. INFORMATION ON RESIDENCE PERMITS GRANTED TO MINORS
Foreigners under 21 (twenty one) years of age, single and non-emancipated, shall obtain a
written authorization from both parents to reside in the Argentine Republic, which shall beexecuted before a National Notary Public, a competent authority in the foreign country, or an
officer of the Argentine Immigration Department (Dirección Nacional de Migraciones).
If the minor has been born from legally married parents, the residence authorization may be
made by just one of the parents, accompanied by the appropriate marriage certificate.
If the minor has become of legal age, pursuant to the legislation of his country of origin, he may
initiate the immigration process without any authorization whatsoever. However, he shall
prove said status by submitting a supporting document issued by the Consulate of his country
of origin. Likewise, any individual who at the time of entering the country is a minor pursuant to
the legislation of his country of origin shall become of legal age pursuant to the Argentinelegislation.
2.5. National Program for the Regularization of Immigration Documents (Programa Nacional
de Normalización Documentaria Migratoria) "Patria Grande" MERCOSUR (Bolivia, Brazil,
Colombia, Chile, Ecuador, Paraguay, Peru, Uruguay and Venezuela) and Extra - MERCOSUR
The Argentine government created this program to regularize the migratory situation of
foreigners who are native of the Member Countries of MERCOSUR and Associate Countries, in
order to facilitate the process of having access to a legal residence in the country.
For this purpose, a new criterion for residence based on the accreditation of nationality from
one of the countries of the region and adopting the principle of good faith as the governing
principle of the Program has been adopted. This is provided for in section 22 of the new Act
that establishes that the nationality of citizens of countries that are part of Mercosur is a
criterion for residence.
Therefore, this program is divided in two stages. If the foreigner entered the country to residein it prior to April 17, 2006 and did not leave the country after this date, he/she shall commence
the process to obtain his/her permanent or temporary residency according to this program.
Requirements:
The process is exclusively carried out before Municipalities and Participating Social Entities
adhering to the Program by filing Identity Card, Passport or Certificate of Nationality in force,
together with 2 (two) identification photographs.
The person shall be given a card of Provisional Residence that allows him/her to stay, exit andreturn to and from Argentina, to study and get a provisional number of CUIL (worker's ID
number) and to legally work until he/she has access to permanent residence.
Those people who entered the country to reside in it, after April 17, 2006 shall initiate the
process for residence at the Department of Residents Admission of the Board for Foreigners
Admission (Departamento de Admisión de Residentes de la Dirección de Admisión de
Extranjeros), Immigration Bureau (Dirección Nacional de Migraciones) or any of its offices in the
provinces.
Those aliens included in Section 22 of Law 25871 or section 15 subsection b) of Executive Order
1023/94 (who have a family relationship: father/mother, son/daughter, spouse with anArgentine or resident) shall obtain a permanent residence. Otherwise, they shall obtain a
temporary residence of 2 (two) years based on the nationality criterion. After these two years,