BUSINESS TRAVEL AND SHORT TERM MOBILITY INTERNATIONAL LEGAL TRENDS – A JOINT AIJA/UIA

SEMINAR-

VISITORS AND SHORT TERM

BUSINESS VISA APPLICATIONS AND EXTENSIONS

Mercedes Balado BevilacquaToronto, Canada - April 25 2014

ARGENTINE IMMIGRATION SYSTEM

General requirements to enter the country: • Valid passport Exception: citizens of neighboring

countries: submit national

identity cardThe National Migration Law establishes three kinds of transitory residences:

• Visitor Visa •Business Visa•Temporary working permit

WHAT DOCUMENTS ARE REQUIRED TO OBTAIN A

VISITOR VISA Valid passport

Application form (provided by the consulate)

A 4 x 4 photograph

Passage roundtrip

Consular Fee Payment

Proof of financial funds for the stay

EXEMPTIONS BASED ON NATIONALITY

Do not need prior approval or visa: Canada, European Union Countries, the United States of America, China, Japan and the following Latin American countries: Bolivia, Brazil, Chile, Paraguay, Uruguay, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, México, Nicaragua, Panama, Peru, Venezuela among other countries.

Need prior approval or visa: Afghanistan, Angola, The Philippines, Indonesia, Pakistan, Sudan, Taiwan and Vietnam among others.  

 

 

AMERICAN, CANADIAN AND AUSTRALIAN CITIZENS:

RECIPROCITY FEE.

 

USD 160: Valid for 5 years.

USD 75: Only one entry. USD 150: Multiple entries. Valid for 5 years.

USD 100. Valid for 1 year.

IT IS NOT A VISA.

APPLICATION PROCEDURES-PROCESSING TIMES RESTRICTIONS

AND GENERAL REQUIREMENTS

VISITOR VISA BUSINESS VISA

Exclusive for tourism purposes.

For business meetings or engages a market research.

No work, receive compensation or render business related services.

Does not allow to work or recieve compensation for services.

90 days extendable before National Migration Authority (“NMA”).

1 year with multiples entries. Maximun stay for each entry 90 days only extendable once before NMA.

Requirements of Slide 3. Requirements: Visitor visa applies + note from the company engaged in business.

APPLICATION PROCEDURES - PROCESSING TIMES- RESTRICTIONS AND

GENERAL REQUIREMENTS

TEMPORARY WORKING PERMIT

Applies only to US citizensIt allows to render paid services

Period:30 days

Once the period expires foreigners must leave the country

Requirements: Personal documentation plus note detailing reasons for the request.

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TYPES OF RESIDENCE: TEMPORARY – PERMANENT - GENERAL

CONSIDERATIONS• Foreigners will be: governed by local regulations and must

file for the National Identity Document (“NID”)

PERMANENT TEMPORARY

Free entrance and permanence in the territory

Migrant Workers = 3 extendable years

Foreigners who, with the purpose to definitive establish in the country, obtain admission from NMA

Investors: 3 extendable years

The immigrate relatives of argentine citizens, native or nationalized by option

Scientifics and Specialized Personnel: 1 year

Native or optional Argentinean’s children born abroad.

Athletes and artists: 3 extendable years

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REQUIREMENTS FOR TEMPORARY & PERMANENT RESIDENCE

.

PERMANENT TEMPORARYPersonal documentation & specific documentation regarding the alleged admission criteria, such as:  

Valid Passport, Identity Card or Certificate of Nationality

•Argentine child or child settled in Argentina.

Stamping of the immigration authorities or Entry Card

•Argentine citizen spouse or settled in Argentina.

Certificate of criminal records of the country of origin or where he/she has lived for the last 5 years prior to his/her arrival (over 16 years old)

•Argentine father or mother. Certificate Records issued by Argentinean Federal Police or the National Registry of Recidivism (over 18 years old)

•Payment of fee ARS 600/USD 75 Payment of fee ARS 600/USD 75

MERCOSUR AND MERCOSUR FOREIGNERS: NATIONAL STANDARDIZATION PROGRAM OF INMIGRATION DOCUMENTS "PATRIA

GRANDE” Aim: regularize the immigration status of foreigners who

were born in any of the member states of MERCOSUR and its associated states.

MEMBERS ASSOCIATED STATES

Brazil Chile

Paraguay Colombia

Uruguay Perú

Venezuela Ecuador

Bolivia

MERCOSUR AND MERCOSUR FOREIGNERS: NATIONAL STANDARDIZATION PROGRAM OF INMIGRATION DOCUMENTS "PATRIA

GRANDE”• Residence criteria: file proof of nationality of one of the

countries included in the program.

• Two different procedures depending on:

– If entered before April 17, 2006 and has no left

– If entered after 17th April 2006

MERCOSUR AND MERCOSUR FOREIGNERS: NATIONAL STANDARDIZATION PROGRAM OF INMIGRATION DOCUMENTS "PATRIA

GRANDE” If entered before April 17, 2006 and has no left:

• File procedure for temporary or permanent residence before Local City Hall

• Valid Passport, Identity Card, Certificate of Nationality• 2 passports pictures

Precarious Residence: stay, leave and re-enter Argentina, study and obtain the CUIL number to work until getting permanent residence.

MERCOSUR AND MERCOSUR FOREIGNERS: NATIONAL STANDARDIZATION PROGRAM OF INMIGRATION DOCUMENTS "PATRIA

GRANDE” If entered after 17th April 2006

• File procedure of permanent residence before the Department of Admission of Residents

• Valid Passport, Identity Card, Certificate of Nationality• 2 Passport pictures

Permanent residence: to those who have a direct link to an Argentinean blood relative.

Temporary residence of 2 years: not direct blood link and then they will be granted the permanent residence.

ANTI-TERRORISM SECURITY MEASURES CRIMINAL AND MEDICAL

INADMISSIBILITYMIGRATION LAW NRO. 25,871

ANTITERRORISM LAW NRO. 26,734

Terrorist acts or member of terrorist organizations are considered preventive causes to enter the country

Penalties increased when crimes are commited with terrorist purposes

Financing terrorist acts is punished with imprisonment

MERCOSUR ANTI-TERRORISM POLICIES

INSTITUTIONAL STRUCTURE STABLISHMENT

LEGAL INSTRUMENTS

Trilateral Command Federal Police in the Triple Border (Brazil, Argentina and Paraguay)

The General Plan on Cooperation and Mutual Assistance in the MERCOSUR

Meetings of Internal Affairs Ministers:• Security Plan for the Triple Border and Regional Public Safety Plan• Security Information Exchange System of Mercosur (SISME)

Agreement on Cooperation and Mutual Assistance for Regional Security in the MERCOSUR

General Plan for Regional Security •Permanent Working Group (GTP) and the Specialized Group on Terrorism (GTE).

Framework Agreement on Cooperation for Regional Security between the States Parties of MERCOSUR and the Framework Agreement on Cooperation for Regional Security between States Parties of MERCOSUR, Bolivia and Chile

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TEMPORARY RESIDENTS: MIGRANT WORKERS

WORKER

Hired by Argentinean company

Transferred to Argentina by a company based overseas

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SOCIAL SECURITY MATTERS: INTERNATIONAL AGREEMENTS

• Chile• Colombia• Spain• Italy• Greece• Portugal• Brazil• Uruguay• Mercosur

 APPLICATIONS FOR FAMILY

MEMBERS

• They are considered companions of the foreigner who come for working purposes.

• Must submit proof of relationship invoked:

Marriage act or certificate that proves the link invoked and the corresponding National Identity Card

Birth certificate that proves the relationship invoked and NID

OTHER KINDS OF VISAS.

FOREIGN COMPANY’S LEGAL REPRESENTATIVE VISA:

Legal representatives of companies incorporated or not in Argentina.

Requirements:

Documentation of the company. Appointment of legal representative.

THANK YOU FOR YOUR ATTENTION

mercedes.balado@baladolaw.com.arwww.baladolaw.com.ar