how to enter and stay in argentina

8/9/2019 How to Enter and Stay in Argentina

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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.

mailto:[email protected]


http://www.fandinoabogados.com/










How to enter and stay in Argentina

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

Grande"



DIFFERENT WAYS TO ENTER AND STAY IN ARGENTINA

1. TRANSITORY RESIDENCE

General Information:

The criterion to define if the foreigner wants to obtain a transitory residence is the period of his

stay. In general, in the case of obtaining a transitory residence the foreigner shall obey the local

laws but he shall be governed by the laws of his country of origin. For instance, about parental

authority, driver's license, etc.

The following is a detail of the different transitory residences in the Argentine Republic in the

framework of Law 25,871, passed in January, 2004 and stating that the regulations of this law

that have not been passed yet.

a) Tourist Visa.

b) Business Visa.

c) Technical Work Visa.

1.1. TOURIST VISA


The tourist visa is for those people who come with exclusive intention of travelling across the

Argentine territory, as a tourist. This visa does not authorize foreigners to work, receive

salaries, or perform any kind of business activity.

The citizens from the following countries do not need any visa: The European Union, the United

States of America and the following Latin American countries: Bolivia, Brazil, Chile, Paraguay,

Uruguay, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala,

Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela.

There are other countries included on this list. For further information, please visit:

www.mrecic.gov.ar/portal/temas_consulares/visas.html

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.

http://www.mrecic.gov.ar/portal/temas_consulares/visas.html





Requirements:

• Valid passport.

• Application form (provided by the consulate).

• 1 4x4 photograph.

• Return ticket.

• Payment of consular fee.

• Provide evidence of economic means for the stay in the country.

The Argentine Consulate may request additional documents.

1.2. BUSINESS VISA


With this Business Visa all foreigners can travel to Argentina for business meetings or marketing

studies. They are not allowed to work or receive any kind of payment related to work.

The citizens from the following countries do not need any visa: United States, Mercosur

(Southern Common Market), England, etc.

There are other countries included on this list. For further information, please visit:

www.mrecic.gov.ar/portal/temas_consulares/visas.html

The visa is generally granted for a minimum term of (1) one year, with multiple entries. The

maximum permanence term, for each entry to the country, is 90 (ninety) days, which can only

be extended once, with the Immigration Bureau (Dirección Nacional de Migraciones) 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.

Requirements:

• Valid passport.

• Application form (provided by the consulate).• 1 4x 4 photograph.

• Return ticket.


• Provide evidence of economic means for the stay in the country.







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


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.

Requirements:

• Valid passport.

• Application form (provided by the consulate).



• One 4 by 4cm photograph.

• Return ticket.


• Provide evidence of economic means for the stay in the country.• A letter from the Argentine company requesting the technical visa.


Finally, it is possible for foreigners who enter the country with a tourist visa, which in many

cases is not necessary before the trip, to apply at the Immigration Bureau (Dirección Nacional

de Migraciones) for an authorization to work for 15 days, which can be renewable only once for

the same term.

For that purpose, he shall file the following documents before the Immigration Bureau

(Dirección Nacional de Migraciones):

• - A letter requesting the authorization to work.

• - Legal existence of the company (by-laws, last Minutes of the Board of Directors, and



• - 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. TEMPORARY OR PERMANENT RESIDENCE


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.



• If the amount of such income is not stated in the domestic currency, the individual shall

submit the appropriate translation made by a competent authority (for instance, the

Argentine National Bank - 'Banco Nación').

2.1.5. Pensioner

Any foreigner receiving a pension for his services rendered abroad from a government, an

international body or a private company, in an amount which is enough to provide a regular

and permanent income in the Argentine Republic, may attain legal residence provided that he

gives enough evidence of his 'pensioner' status by submitting any and all relevant

documentation (i.e., pension pay stubs, proof of the benefit granted, etc.), as well as his

personal documents.

If the amount of such income is not stated in the domestic currency, the individual shall submit

the appropriate translation made by a competent authority (for instance, the ArgentineNational Bank - 'Banco Nación').

2.1.6. Sportspeople and Artists

Foreigners who are hired on the basis of their special skills by individuals or legal entities doing

business in the Argentine Republic shall submit the following documentation in order to legally

reside in the country:

• 1.- Letter of introduction signed by the individual or legal entity who will hire the foreign

artist or sportsperson.• 2.- Written agreement entered into by and between the foreign sportsperson or artist

and the individual or legal entity requiring his services, in the presence of a Notary

Public or an officer of this Argentine Immigration Department.

• 3.- Evidence of his status by means of a letter of introduction, letter of

recommendation, or certifications issued by sport or cultural (artistic) authorities or

associations.

If the artist or sportsperson, or the individual or legal entity hiring him, is a publicly recognized

and renowned individual or institution, no supporting documentation shall be required to prove

his or its status.

2.1.7. Scientists and Specialized Workers

This visa is the most commonly used by workers.



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



• 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.



2.1.10. Investors

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

become mandatory.



2.2. PERMANENT RESIDENCE

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

applying for.



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.



2.4. OTHER RESIDENCE CATEGORIES

In addition, there are several visas which are not listed under the new law but are still in force.

• I) The technical visa for temporary work (Provision 18) commonly referred to as transfer

between companies may be requested only at the Argentine Consulate, and it is

necessary to submit the same documents as for contract employees but, instead of the

employment contract, a note from the company shall be requested detailing the

information on the transfer from abroad to the local company. This visa is

recommended for short periods of time since it becomes in conflict with the Argentine

employment legislation.

• II) Visa for Investors: It is designed for foreigners wishing to invest in a productive

project for the country. In order to obtain this visa, the investor shall submit the

investment project and a deposit at the "Banco Nación" (if the investment has not been

made yet) of at least ARG$100,000.• III) Visa for Foreign Company Representatives: It is designed for legal representatives of

companies that may or may not be established in the Argentine Republic. They shall

submit the company's documents and the documentation evidencing their appointment

as legal representatives.

IMPORTANT: All foreigners requesting a temporary or permanent residence shall take into

account that from the moment they obtain such residence they will be subject to the Argentine

legislation. For instance, parental authority over minors shall be shared by both parents, and in

order to leave the country it shall be necessary to request the authorization pursuant to the

Argentine legislation.

The same occurs with transit laws. Any foreigner having a temporary or permanent residence

shall obtain a driver's license.

Finally, all foreigners having a temporary or permanent residence shall request their National

Identity Card (DNI).



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,

they may have access to a permanent residence.



For such purpose, they shall file all the personal documents indicated above with the

Immigration Bureau (Dirección Nacional de Migraciones).