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Ex Pat Guide

     This summary is designed to provide basic information about the visa and work permit application process in Argentina. Please remember that, as with any nation, Argentina's immigration laws may change without notice. The information in this report is of a general nature and does not constitute legal advice. For current and detailed information regarding the state of the Argentine immigration laws, as well as information pertaining to your specific needs, please contact the legal professional with whom you work with.

Visa Type: Business Visitor Visas are called "Business Visas" (read "Visa Transitoria de Negocios").

Unless provided by treaty or other reciprocity agreement, foreign nationals are required to obtain a Business Visitor Visa prior to entry. Nationals of most countries require a "Visa Transitoria de Negocios" to travel to Argentina on short-term business.

Allowable Activities as a Business Visitor

The allowable activities of business visitors are typically limited to the following:

a) Attend business meetings or discussions;

b) Attend sales calls to potential Argentine client provided that the employee represents a commercial entity outside of Argentina;

c) Attend seminars or "fact-finding" meetings.

Special Note regarding Technical, Short-Term Activities

The "Transitoria" Business Visa does not cover any duties that are considered technical in nature. Technical duties would include short stays to implement and install machinery, computer software or repair equipment at either an Argentine affiliate or Argentine client site.


Maximum Period of Stay as a Business Visitor

While Consulates and immigration officers can exercise discretion in determining the length of stay for any visitor, the normal validity of most business visas is 90 days.

A business visitor visa may be extended in Argentina for an additional period of 90 days. The extension may be obtained from the Immigration authorities in Argentina, prior to the expiration of the initial visa. An extension is very discretionary and valid business reasons must be shown in order to extend a stay.

The maximum validity of a business visa is 180 days within a 12-month calendar period.

Basic Requirements to Apply for a Business Visa

The following general requirements for Business Visitors are subject to change or modification by the Labor and Immigration Authorities of Argentina.

1. The applicant must have a residence and an employer or business outside of Argentina and must be traveling to Argentina for a limited and pre-set time period.
2. The applicant may not receive compensation from sources within Argentina (unless for "per-diem" expenses, such as meals or car fare);
3. The applicant must evidence proof of sufficient funds (such as cash or credit cards) along with a confirmed, round-trip airline ticket;
4. The applicant must evidence that health/medical insurance will be provided by the employee's home company.

Most Commonly Requested Documents and Processing Time

Please note that the Argentine immigration authorities and/or Consulate reserve the right to request an applicant's personal appearance or may require additional information, documentation, and/or processing time.

The business visa is obtained at the Argentine Consulate having jurisdiction over the place of current, legal residence of the applicant.

It is important to note that the Argentine Consulates require the authorization of the Dirección de Migraciones from Argentina, prior to the granting of the visa.

If the applicant is visiting a company in Argentina, the inviting company should initiate the business visa application directly with the Dirección de Migraciones (the "DNM") by submitting the following letter of invitation:

Letter from the applicant's inviting company providing the following information (some Consulates may require a notarized letter):

a. The purpose of the trip;
b. Names, addresses and telephone numbers of business contacts in Argentina;
c. Date of arrival and anticipated departure;

The signature of the signatory of the invitation letter will require certification by an Argentine Notary Public

- The inviting company must also provide guarantee of financial responsibility for the employee for the duration of the visit, along with accreditation of the Argentine company's legal status and tax payments.

Normal processing time: The business visa application (once filed with the Direccion de Migraciones) takes approximately five business days after filing at the Direccion de Migraciones.

Once the approval to issue the visa is received at the appropriate Argentine consular post, the consular post may take from one to three business days to complete.

The general list of required documents that will have to be submitted once the authorization reaches the respective Argentine Consulate is as follows:

1. Application form.
2. Passport (valid for a minimum of six months), containing at least two, blank visa pages.
3. If applicant is residing in a country other than his/her country of citizenship, the applicant must provide proof of legal authorization to reside in the country of residence. The applicant should also present a work or residence visa stamp valid for at least six months from the date the visa application is filed.
4. Letter of Support from the sending company;
5. Two passport-style photographs.
6. Applicable fee.
7. Round-trip ticket.

Is registration with local migration authorities or police station required when entering Argentina as a business visitor? No formal residence registration with the Argentine immigration or Aliens/Police authorities is required for any foreign national who enters Argentina as a business visitor.

If registration is required, within how many days of arrival must a foreign business visitor register? N/A

What are the exit immigration procedures/taxes to be paid when departing Argentina as a business visitor? No formal departure proceedings are required, nor any taxes need to be paid, when a foreign national is leaving Argentina while holding a valid business visa. This is provided that he or she has not overstayed or violated the terms of his/her business visitor status while in Argentina.

In general, a foreign applicant (the "employee") assigned to work in another country must evidence a degree of proprietary knowledge, specialized skills, or managerial/executive-level skills that are not readily available in the destination country's domestic labor market.

The following is a general summary of the types of employment visa categories that are common to corporate, international transfers into Argentina.

"Regularization" of immigration status from Visitor status to Work Status

A foreign national employee from a bordering country can convert his or her immigration status from a Visitor status to Work status while remaining in Argentina; however, this process may take upwards of six months to conclude.

During the "regularization" period, nationals from a bordering country can apply for a special certificate, called a "Certificate of Precarious Residence" which will allow these nationals to reside, work, study, and re-enter Argentina while the long-term work and residence permits are awaiting approval. These are specialized applications that will require the review of this firm's Argentine immigration advisor.

For those nationals coming from non-bordering countries, these nationals CANNOT regularize status in Argentina from a Visitor to a Work status. While the application to obtain work status can be made directly with the DNM, non-bordering foreign nationals are not allowed to work in Argentina. Non-border nationals can physically remain in Argentina as a visitor while the work permit application is pending approval; however, once the work permit application is approved, the employee and family members must return to their country of legal residence to apply for the work and residence visa.


Types of Work Visas

The major types of Argentine employment visa categories are as follows:

A) Article 29 (e) Visa – Valid for providing short-term, temporary work duties (or technical duties) while in Argentina. This visa is valid for an initial period of 15 days and can be issued by either an Argentine consular post or by Migrations in Argentina. This visa can be renewed for an additional 15 days with the migration authorities in Argentina. This visa requires prior approval of the migrations authorities and is generally required for visa nationals of non-bordering countries if in Argentina for short visits while the migrations authorities process a long-term work permit application.

B) Article 23 (A) Visa ("Labor Contract - Temporary Residence" Visa) – This visa is designed for those employees who are contracted by corporations settled in Argentina for at least a 6 – 12 month period AND will be assigned to the Argentine payroll as a "localized" employee. If the employee is to be paid from the Argentine payroll. A formal Labor Contract must be executed between the employee and the Argentine sponsor. This visa requires prior approval from the migrations authorities prior to applying for this visa at an Argentine consular post.

C) Article 23 (E) Visa ("Secondment -Temporary Residence" Visa) under Provision 18/94 – This visa is designed for those employees who are transferred to Argentina by a subsidiary corporation or from the same corporation group, for at least a 6 – 12 month period. This is the typical type of transfer for most assignments to Argentina. This visa does not require a Labor Contract but prior approval from the migrations authorities prior to applying for this visa at an Argentine consular post.

Intra-company Transfer Visa

NOTE: For the purposes of this summary, we will specifically address the "Article 23 (E) Secondment – Temporary Residence" visa under Provision 18/94 based on the scenario of an intra-company transfer. Other work permit categories should be reviewed on a case-by-case basis with Fragomen's Argentine Country Advisor.


The General Process

As the sponsoring organization, an Argentine company that is registered with the "Direccion Nacional de Migraciones" is required to prepare a work permit application on behalf of the employee. The work permit application is filed with the DNM. Once the work permit application is approved by the DNM, the approval is issued as a "Permiso de Ingreso" to the Argentine company for the company to send the "Permiso de Ingreso" to the respective Argentine Consulate. Once the Argentine Consulate receives the "Permiso de Ingreso" , the Argentine consulate will be prepared to accept the employee's and each family member's visa applications.

The appropriate consular post with jurisdiction over the visa application is usually determined by either the employee's country of citizenship or the employee's country of legal residence.

Basic Requirements to Qualify

To qualify as a sponsor of an Article 23 (E) visa, the basic requirements for the Argentine company and the assignee are as follows:

1. The Argentine corporate entity must be duly registered with the Argentine Public Registry of Commerce and evidence that all corporate income taxes are paid;
2. The transfer must occur between an Argentine company and a foreign affiliate with clear, common-parent ownership;
3. According to the Argentine Labor Contract Law, any employee must be paid by the Argentine company a portion of the employee's global salary and consequently, the payment of the taxes in the country where the labor tasks are developed (i.e. Argentina);
4. The Argentine company must be registered with the DNM's National Corporate Registry Office ("NCRO") (Registro Nacional Unico de Requierentes Extranjeros) and have a unique corporate identifier number (Numero Unico de Inscripcion en el Registro) affixed to each work permit application.

Argentine Corporate Documents Required for Work Permit:

The sponsoring Argentine employer must present the following documents:

a) Photocopy of the last 6 vouchers evidencing payment of "aportes y contribuciones previsionales" (Social Security Contributions) of employer;
b) Photocopy of the last 3 vouchers of payment of Gross Receipts Tax (Ingresos Brutos);
c) Photocopy of the last 3 vouchers of payment of V.A.T. (IVA);
d) Photocopy of the 3 last vouchers of payment of Incomes (Ganancias)
e) Photocopy of the CUIT tax document (Corporate tax number);
f) Photocopy of the Corporate by-laws;
These photocopies must be duly certified by an Argentine Notary Public.
g) Three original Argentine Company Letters addressed to the DNM informing of the intra-company transfer to Argentina;
h) Special power of attorney certified by an Argentine Notary Public in favor of those who will act representing the employer company

Home Company Corporate Documents

a) Notarized Letter of Employment (written in Spanish) providing the details of the employee's assignment to Argentina. This letter should have an Apostille affixed or legalization of the Argentine Consulate.

Employee and Family Documents

a) Clear copies of the employee's and each family member's passport identification pages. NOTE – ALL PASSPORTS must be valid for at least 12 months at the time the Temporary Residence visa is applied for at the Argentine consular post;
b) Completed immigration questionnaire;
c) Clear photocopy of the employee's and each family member's birth certificate evidencing both parent's names on each birth certificate.

General Processing Times

The normal time to assemble the corporate and employee's personal documentation is approximately three weeks.

Once the work permit application is signed by an Argentine company director and filed with the DNM, processing of the application by the DNM will take at least
20 – 30 days.

Validity of the Work Visa

The Article 23 (E) under Disposition 18/94 Temporary Residence visa is generally valid for a one-year period. The employee may apply to renew his or her visa for in one-year increments without any legal limit for renewals.

Documents Required to Apply for a Work Visa

Once the Argentine Consulate receives the "Permiso de Ingreso" to issue the employee's and accompanying family member's visas, the employee and each accompanying family member MUST appear in person in order to submit the visa applications and passports. Generally, the following documents are requested when applying for a Temporary Residence visa:

1. Original passports valid for at least 12 months containing at least two, blank visa pages;
2. Original, notarized criminal records report for all applicants 18 and older, accompanied by a certified Spanish translation. Each criminal record must be affixed with an Apostille affixed or Argentine consulate legalization. Criminal records are required for these residences where an applicant has resided for more than six months during the past five years;
3. Six passport photographs (per applicant), 4x4 cm, 3/4 right side profile, color photos or black and white photos;
4. Two, original marriage certificates with Apostilles or Argentine consular legalization. At least one marriage certificate must be accompanied by a certified Spanish translation;
5. Three, original birth certificates from the employee and each family member, with each birth certificate having an Apostille or Argentine consular legalization affixed. At least one birth certificate must be accompanied by a certified Spanish translation;
6. Depending on the Argentine consulate at which you apply, a "Ficha Medica" (Medical Exam) for the employee and each family member may be required. If a Ficha Medica is required, either a consular-appointed physician or a personal physician will be authorized to complete and execute the required medical examinations. In addition, the Ficha Medica may require an Apostille or Argentine consular legalization;
7. Letter of Assignment from the Argentine company that must be signed in the presence of the Argentine consular officer;
8. Visa Application Fee.

NOTE: Each Consulate may have slightly or widely different document requirements. The employee and any family member age eight years or older must attend a personal appearance at the Consulate in order to have fingerprints taken. It is best to check these application requirements with the Consulate once the Consulate has confirmed receipt to issue the Temporary Residence visa.

Once the visa applications are accepted for processing the Consulate, the Consulate may take between three to fifteen business days to issue the Temporary Residence visa.

The Consulate will return to each applicant his/her original passport with Temporary Residence Visa affixed, along with two envelopes sealed by the Argentina Consulate. One envelope, marked "Ezeiza", must be presented to the Argentine immigration officer at the port of entry, along with the visa holder's passport. The other envelope, marked "Registro Civil" must be retained by the visa holder in order to register for his/her Residence Permit pursuant to the steps listed below.

Registration for Residence Permit and Tax Card:

Once the employee (and family) arrives in Argentina, the employee (and each family member) must register before the Registro Nacional de las Personas in order to obtain their Documento Nacional de dentidad ("DNI"). Applications must be submitted to the local "Registro" with jurisdiction over their domicile in Argentina.

In addition, the employee must apply for a CUIL (Social Security) Card in order to be assigned to the Argentine company's payroll.

Timing Restriction to Register: The DNI and CUIL cards must be registered within 30 days of the employee's and each family member's arrival into Argentina.

Cancellation of Work Visa and/or Residence Permit with Migrations:

A sponsor must notify the NCRO by certified letter when a foreign national's employment ends (e.g. termination or voluntary departure) within 15 days of the employment relationship ending. Upon receipt of the notification, the NCRO will note that the individual is no longer working for the sponsor.

Immediately prior to departure from Argentina, the employee's DNI cards should be cancelled with the "Registro Civil", along with each family member's dependant DNI cards.

Penalties for Non-compliance:

Employer: An Argentine employer found to be in violation of immigration rules shall be fined jointly and severally a fine of fifty times of the minimum salary (approximately US$15,000) for each foreigner.

Employee: A foreign national found to be in violation of his/her immigration status risks the penalty of deportation and exclusion from Argentina. Exclusion implies the prohibition to re-enter the country permanently or for a period of up to five years.

Spouse and Children

The accompanying spouse and children should be named on the employee's work permit application, as the DNM will approve the employee and family members together. Once the work permit application is approved, the family's visa applications can be filed simultaneously with the employee's visa application.


Unmarried Partners (Opposite-Sex) – Visa

Argentine immigration law does not recognize long-term unmarried couples of the opposite sex.

Unmarried Partners (Same-Sex) – Visa

Argentine immigration law does not recognize long-term unmarried couples of the same sex.

Ability to Work

Legal spouses and legal dependents age 16 and over may be granted work authorization as a derivative status of the employee without the need to apply for a separate work permit.