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