Immigration Control

SYNOPSIS

A. GENERAL PRINCIPLES 4.101

1. Admission 4.103
2. Causes of Denial 4.104
3. Types of Visas 4.106
4. Temporary Admission - Duration 4.110

B. APPLICATION CONDITIONS 4.112

C. CONTROL. PENALTIES 4.117

A. GENERAL PRINCIPLES

4.101 The Argentine Constitution guarantees foreigners’ civil rights on an equal footing as it does Argentine nationals and therefore allows foreigners to freely establish themselves in any legal industrial, commercial or professional activity of their choosing and to own and dispose of real estate and other property. Foreigners are not obliged to become nationals and can obtain Argentine citizenship after two continuous residence years in the country and fulfilling the proper legal requisites.

4.102 Temporary and permanent admission and staying of foreigners is controlled by the government migration department (Dirección Nacional de Migraciones) pursuant to Migration and Immigration Encouragement Law Nº 22.439 and Decree Nº 1.023.

1. Admission

4.103 Admission of foreigners can be denied and staying permits cancelled due to uncompliance of the entry and visa granting conditions.

2. Causes of Denial

4.104 Save when an express exception is granted by the government, admission and staying in the country of foreigners in any migratory category is absolutely excluded in any of the following circumstances:

(a)When the interested party is affected by a transmissible disease implying a risk to public health.

(b)When the interested party is mentally insane and therefore liable of causing serious family or social disorder.

(c)When the interested party is physically or mentally disabled and incapable of providing for oneself by work or the practice of an art, profession, industry or trade.

(d)When the interested party has been condemned or indicted for crimes worthy of a two year longer prison sentence.

(e)When the interested party trades or has traded in drugs or is presumed to intend to do so.

(f)When the interested party is dealing or has dealt in prostitution or slave trading.

(g)When the applicant is presumably a person lacking in means or without an art, industry, trade or profession, or shows a criminal tendency.

(h)When the applicant’s personal file entries show him to be a menace to public safety or to law and order.

(i)When the applicant’s entry or re-entrance to Argentina has already been expressly denied.

(j)When the interested party has stayed illegally in Argentina for over thirty days running.

(k)When the interested party has been discovered working or performing paid services without a work permit.

4.105 Admission of foreigners is relatively excluded, either as "permanent" or "temporary" residents, in any of the following circumstances:

(a)When the interested party has a physical or mental disability or condition partially affecting his work capacity or the ability to practice an art, profession, industry or trade.

(b)When the interested party is over sixty five years old.

(c)When the interested party is under eighteen and unaccompanied by a parent, tutor or legal guardian in Argentina.

(d)When the applicant’s prison sentence of over two years or for crimes deserving over two years prison in Argentine law has been served, or its limitation time period is up or excludes legal actions, or the maximum applicable prison sentence for Argentine law is less than two years.

(e)When the applicant’s criminal case has been provisionally dismissed.

(f)When the applicant has been expelled.

(g)When the interested party is a drug addict.

(h)When the interested party lacks adequate housing.

(i)When the interested party is found to have spent up to thirty days illegally in Argentina.

3. Types of Visas

4.106 Any foreigner with a permanent government granted resident visa who intends staying definitely in Argentina shall be considered a "permanent resident".

4.107 A "temporary resident" is any foreigner who intends staying temporarily in Argentina and therefore applies and is officially granted a visa for any of the following purposes or under any of the following circumstances, and exceptionally for other duly justified reasons not included below:

(a)To perform technical, specialized, industrial, commercial, business, scientific, educational, labour, art, cultural or sport activities.

(b)As a student, save when for primary schooling.

(c)For religious activities.

(d)As a worker hired under Argentine labour law for a local firm.

(e)As a seasonal worker hired by an Argentine resident.

4.108 A foreigner shall be considered a "transitory resident" if granted a government visa as such and when admitted:

(a)In transit.

(b)For tourism.

(c)For medical treatment.

(d)As a crewmember of an international transport means.

(e)To render paid or non paid artistic, religious, cultural and, exceptionally, professional or technical services at the request of Argentine residents.

(f)For business purposes.

(g)For any other reason accepted by the authorities.

4.109 Foreigners wishing to legalize their stay in Argentina can apply for a ninety day "revocable visa".

4. Temporary Admission - Duration

4.110 Temporary visas can be granted:

(a)For a maximum of three years with up to three year extensions for purposes of developing technical, specialized, industrial, commercial, business, scientific, educational, labor, art, cultural and sport activities.

(b)For the same length of time and extensions and the purpose of developing religious activities in a government admitted cult.

(c)To students for a maximum of one year with yearly extensions and in the aggregate for not over two years longer than the time officially required to complete the career chosen by the applicant.

(d)For a one hundred an eighty day period with one ninety day extension in the case of seasonal jobs.

4.111 Transitory visas can be granted:

(a)For a maximum of ten days, exceptionally extensible, in transit cases.

(b)For three months with one extension for tourism or medical treatment.

(c)For the duration of the crewmembers of international transport means’ stay.

(d)For a maximum of fifteen days with one possible extension for purposes of performing paid or non paid artistic, religious, cultural or, exceptionally, professional or technical activities required by Argentine residents.

(e)For up to three months with one extension for business reasons.

(f)For six months with one three month extension for any other reason accepted by the authorities.

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B. APPLICATION CONDITIONS

4.112 A visa can be applied for abroad through the Argentine consulate in the country of residence or submitted to the immigration authorities in Argentina.

4.113 In addition to any further requirements that may be established by the government, the applicant for a "permanent" or a "temporary" visa must submit the following:

(a)A valid entry permit.

(b)A valid passport.

(c)A court or police certification of behaviour or of criminal or police file entries in the countries of residence for the last five years.

(d)A sworn statement on the absence of international police records for the applicant.

(e)A physical and mental health certificate issued by a medical or health officer.

(f)The applicant’s birth certificate and marriage certificate if such be the case, or subsidiary proof of such acts in accordance to Argentine law.

(g)Any documents expressly required in the entry permit.

(h)The applicant’s work contract.

4.114 Application for the "entry permit" must be submitted to the immigration authorities accompanied by a special proxy to act on behalf of the applicant and once granted is enclosed and sent to the Argentine consulate in the country where the permit was entered, with a copy also forwarded to the applicant’s home address.

4.115 Foreigners having entered the country as "tourists" may apply to be admitted as "permanent" or "temporary" residents by presenting the following requisites:

(a)The applicant’s identity card or document.

(b)The applicant’s birth certificate and marriage certificate if such be the case, or subsidiary proof of such acts in accordance to Argentine law.

(c)A certification of the applicant’s criminal or police record in Argentina.

(d)A court or police certification of behaviour or of criminal or police file entries in the countries of residence for the last five years.

(e)A sworn statement on the absence of international police records for the applicant.

(f)A physical and mental health certificate issued by a medical or health officer.

(g)Statement of the applicant’s entry or staying issued by the immigration service authorities and proof of the company’s incorporation in Argentina, registration for tax purposes and social security compliance.

(h)The applicant’s work contract.

4.116 All documents must be submitted in Spanish and, where necessary, with their translation into Spanish and either with The Hague 1955 Apostille or the Argentine consul’s certification of foreign official documents dully legalized by the Argentine Ministry of Foreign Affairs.

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C. CONTROL. PENALTIES

4.117 Anyone giving employment or housing to third parties must ascertain that they are legal residents. Employment of illegal residents or of unauthorized foreigners is strictly forbidden. Employers are liable for continuing to employ or giving work to foreigners whose permits have lapsed. Companies and legal entities are jointly liable with their directors, administrators, managers, partners or other responsible staff members or involved agents for fines levied because of any such infringements of the law.

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