Settling in Argentina

In this column, we introduce Argentina’s immigration policy to advise on the most appropriate way to settle in the country.

Immigration policy. Argentina’s immigration policy is based on the guidelines established in Law of Migrations (no. 25871) along with its regulatory decree (no. 616/2010). The legislation is applied and enforced by the National Direction of Migration of Argentina’s Ministry of Interior and Transportation (immigration office).

Foreigners are guaranteed equal treatment under Argentine law. Immigrants and their families are guaranteed equal access to the same protection and rights afforded to Argentine nationals. In particular, these include social services, public property, health, education, justice, employment and social security.

Documentation. All individuals wishing to settle in Argentina must apply for a residence permit. Foreigners are automatically considered settled in Argentina upon entry under an entry permit and visa. If applicable, they are then able to obtain their national identity document from the civil registry. The applicable forms and requirements for a residence permit depend on whether the applicant is a citizen of the Southern Common Market (Mercosur) bloc or Mercosur associate country, or, in the case of China, a non-Mercosur citizen.

All documents issued outside Argentina must be filed with an accompanying Spanish translation. They must be certified by the Argentine consulate in that jurisdiction or, if applicable, bear The Hague Convention Apostille. An Argentine-licensed translator must perform the translation.

Entry permits. Foreigners requiring entry and long-term stay in Argentina must apply for an entry permit, which takes effect upon entry and is valid for one year. Entry permits may be requested from the Argentine consulate or immigration office in the applicant’s jurisdiction. An entry permit may also be requested in person at the Argentine National Direction of Migration.

In some cases, the applicant must be registered with the General National Registry of Foreigner Applicants (RENURE) before applying for an entry permit.

Argentine consulates abroad are authorized to grant entry permits as well as transitory, temporary and permanent visas.

Residence permits. There are three types of residency visas: transitory, temporary and permanent. Until the visa application procedures have concluded, they may obtain a provisional residency visa of three months.

To obtain a visa, foreigners who have obtained an entry permit must submit their valid entry permit, travel document (e.g. passport, ID), certificates of birth and civil status, certificate of criminal record issued by the country of residence for at least one year during the prior three years, an affidavit of criminal records issued by the home country (if applicable) and a certificate of health.

Provisional residency. Until a foreigner entry and permanent, temporary or transitory residence status has been completed and approved, the authorities may grant a provisional residency valid for 180 days, which may be renewed, until the final resolution is made.

Provisional residents may depart and enter the country freely during the period of their authorized stay if they provide proof of their identity and residency status, subject to the regulations of the immigration office. The term of the residency granted on re-entry expires on the date of expiry of the provisional residency.

If the provisional residency has expired when the foreigner leaves the country, a departure authorization must be obtained and the appropriate charges paid up.

Transitory residency. Transitory residency is granted to foreign citizens wishing to remain in the country for a limited period of time. It applies to tourists, transit passengers, border passes, international transport crew, seasonal migrant workers, academics, patients seeking medical treatment and other special cases.

Foreigners admitted or authorized as transitory residents may not perform any kind of remunerated or lucrative activity either as sole proprietors or employees, with the exception of seasonal migrant workers or those authorized by the immigration office.

Current legislation recognizes in particular that special transitory residency status may be granted to foreigners entering and remaining in Argentina with the purpose of making investments, doing business or conducting market studies.

A special two-month transitory residence visa with possibility of extension may be obtained by foreigners doing business or engaged in economic or commercial activities either under their sole risk and responsibility, or as a stakeholder in a company or legal entity involved in this kind of activity. One may also be obtained as the company’s representative, and for those entering to take part in exhibition fairs.

Temporary residency. Temporary residency may be granted for a specific period of time as an investor, scientist, expert, company executive, administrative or technical staff of a foreign commercial or industrial entity, among other circumstances.

Foreigners admitted or authorized as temporary residents may conduct all kinds of remunerated or lucrative activity either as sole proprietors or employees only during the period authorized in their temporary residence visa.

Those investing AR$1.5 million (US$162,000) or more in the Argentine productive, commercial or services sector are considered investors by law. Investors are granted a temporary residency visa for a period of up to three years. The visa includes multiple entries and may be extended.

Current legislation requires that foreign investors present information on their investment project, including proof of the origin and lawfulness of the investment funds. They must also transfer the funds into Argentina via authorized banking or financial institutions.

Upon securing the approval of the banking or financial institution, the Ministry of Industry will analyse the investment project and its execution schedule. The Ministry will then issue a non-binding opinion on the nature of the investment, the legal viability of the project and its economic and financial sustainability.

Last, the immigration office will grant the investor temporary residency and set a peremptory deadline for the completion of the investment.

Permanent residency. Foreigners are eligible for permanent residency after holding temporary residence for two or more consecutive years for nationals of Mercosur countries or associate member countries, or three or more consecutive years for nationals of other countries.

Permanent residency may be granted to spouses, children and parents of Argentine citizens or permanent residents, as well as to those who have performed diplomatic or consular tasks or worked in international organizations in Argentina.

Foreigners granted permanent residency may carry out all kinds of remunerated or lucrative activity either on their own behalf or as an employee. They also have the right to the protection provided by the law on these matters.

María Lucía Belliz is the director of the Investors Assistance Office of the Argentina Ministry of Foreign Affairs and Worship