Visitors and short term business visa

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BUSINESS TRAVEL AND SHORT TERM
MOBILITY INTERNATIONAL LEGAL TRENDS –
A JOINT AIJA/UIA SEMINARVISITORS AND SHORT TERM BUSINESS VISA
APPLICATIONS AND EXTENSIONS
Mercedes Balado Bevilacqua
Toronto, Canada - April 25 2014
ARGENTINE IMMIGRATION SYSTEM
General requirements to enter the country:
• Valid passport
Exception: citizens of neighboring
countries: submit national identity card
The 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 TIMESRESTRICTIONS AND GENERAL REQUIREMENTS
TEMPORARY WORKING PERMIT
Applies only to US citizens
It 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.
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
I
REQUIREMENTS FOR TEMPORARY & PERMANENT
RESIDENCE
PERMANENT
TEMPORARY
Personal 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 INADMISSIBILITY
MIGRATION LAW NRO. 25,871
ANTITERRORISM LAW NRO. 26,734
Terrorist acts or member of terrorist Penalties increased when crimes are
organizations are considered
commited with terrorist purposes
preventive causes to enter the
country
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
I
TEMPORARY RESIDENTS: MIGRANT WORKERS
WORKER
Hired by Argentinean
company
Transferred to Argentina by
a company based overseas
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.ar
www.baladolaw.com.ar
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