Research Directorate, Immigration and Refugee Board of Canada

1. Permanent Residence

An individual who has lived in Argentina for a continuous period of three years or more or who is the immediate relative (spouse, father, mother, child) of an Argentinian national or permanent resident may apply to obtain permanent residency (Argentina n.d.a).

The Immigration Act (Ley de Migraciones) 25.871 passed in 2003 by Argentina's Senate and Chamber of Deputies includes the following provision:

[translation]

ARTICLE 6 — The State, in all its jurisdictions, shall ensure equal access to immigrants and their families under the same conditions of protection, scope and rights enjoyed by nationals, particularly with regard to social services, public goods, health, education, justice, labour, employment and social security. (Argentina 2003)

1.1 Non-MERCOSUR Foreign Nationals
1.1.1 Required Documents

The following documentation is required of applicants for permanent residency who are citizens of countries outside the Southern Common Market (Mercado Común del Sur, MERCOSUR) [1]:

[translation]

1. Identity card, passport or certificate of citizenship.
2. Birth certificate and certificate related to the [applicants'] civil status, depending on the basis for permanent residency.
3. Argentinian criminal record certificate issued by the National Registry of Recidivism (Registro Nacional de Reincidencia) or the Federal Police (only required for those over 16 years old).
4. Certificate that reliably certifies that [the applicant] has no previous convictions or pending criminal proceedings, issued by the competent authorities of the countries where [the applicant] resided for a period exceeding ONE (1) year, during the course of the last THREE (3) years (only required for those over 16 years old).
5. Stamp of entry into the country stamped on the travel document.
6. Domicile certificate or a utility bill in the name of [the applicant] (ABL [Alumbrado, Barrido y Limpieza] [2], electricity, water or gas). (Argentina n.d.a)

Depending on the applicant's basis for their permanent residency application, additional civil status certificates, and/or national identity documents may be required, such as a marriage certificate with the Argentinian spouse or the birth certificates of the Argentinian children (Argentina n.d.a). The required documents for the application must be:

• authenticated by an Argentinian consulate if issued abroad by foreign authorities (or apostilled for countries party to the Hague Convention).
• authenticated by the Ministry of Foreign Affairs and Worship (Ministerio de Relaciones Exteriores y Culto) if issued by a consulate in Argentina representing a non-MERCOSUR country.
• translated into Spanish by a national public translator and certified by the College of Translators (Colegio de Traductores) if issued in a language other than Spanish or Brazilian Portuguese (Argentina n.d.a).

1.2 MERCOSUR Foreign Nationals
1.2.1 Required Documents

Foreign nationals who have Argentinian immediate family members (spouse, father, mother, child) or citizenship in a MERCOSUR country may apply for permanent residence (Argentina n.d.b). The following documents are required for such applicants:

[translation]

1. Identity card, passport or certificate of citizenship.
2. Birth certificate and certificate related to the [applicants'] civil status, depending on [the applicant's] basis for permanent residency.
3. Argentinian criminal record certificate issued by the National Registry of Recidivism or the Federal Police (only required for those over 16 years old).
4. Certificate that reliably certifies that [the applicant] has no previous convictions or pending criminal proceedings, issued by the competent authorities of the countries where [the applicant] resided for a period exceeding ONE (1) year, during the course of the last THREE (3) years (only required for those over 16 years old).
5. Affidavit of lack of criminal record in other countries (to be made at the immigration office at the time of application for residence).
6. Entry: Stamp of entry into the country stamped on the travel document.
7. Domicile certificate or a utility bill in [the name of the applicant] (ABL, electricity, water or gas). (Argentina n.d.b)

Depending on the basis for the permanent residency application, such as whether the applicant is the immediate relative of an Argentinian national or permanent resident or has lived in Argentina for two continuous years or more, additional civil status certificates and/or national identity documents may be required (Argentina n.d.b). Should the required documents be issued by authorities from a foreign country, they must be authenticated by an Argentinian consulate (or apostilled for countries party to the Hague Convention) (Argentina n.d.b). While supporting documents issued by MERCOSUR foreign consular missions within Argentina need not be authenticated by the Ministry of Foreign Affairs and Worship, documents issued in a foreign language other than Brazilian Portuguese require translation by a national public translator and certified by the College of Translators (Argentina n.d.b).

1.3 Procedure

A permanent residency application may be initiated by logging into the Remote Registration Portal of Foreigners (Módulo de Radicación a Distancia de Extranjeros, RaDEX), attaching the required supporting documents, and processing the required payment (Argentina n.d.a). Applicants from the same family unit may group their application and submit it simultaneously so that the applicants' children below the age of 18 are not charged the fee for the online application (Argentina n.d.c). Upon payment of the fee and submission of the online application, applicants will receive an email with either an appointment date to appear before a National Directorate of Immigration (Dirección Nacional de Migraciones, DNM) office or a request to submit missing documents (Argentina n.d.b). The DNM procedures are [translation] "personal and simple" and require "no assistance from an agent" (Argentina n.d.a). The RaDEX application must be completed from within Argentina (Argentina n.d.a).

1.4 Leaving the Country

The Immigration Act 25.871 includes the following provisions:

[translation]

ARTICLE 62. — The National Directorate of Immigration, without prejudice to any legal action that may be taken, shall terminate the residency granted, with suspensive effect, regardless of seniority, category or reason for admission, and shall order subsequent expulsion, if:

…

c) The beneficiary of permanent residency remained outside the National Territory for a period exceeding two (2) years or half of the agreed period, in the case of temporary residency, unless the absence was due to the exercise of an Argentinian public function or arose from activities, studies or research that in the opinion of the National Directorate of Immigration could be of interest or beneficial to the Argentinian Republic or if there was an express authorization from the immigration authority requested through the Argentinian consular authorities;

…

The Ministry of the Interior waived compliance with the termination provided for under this article if the foreigner is the parent, child or spouse of an Argentinian citizen, unless there is a duly considered decision by the immigration authority.

…

ARTICLE 63. — In all the cases provided for under this act, the following shall apply:

a) The termination of residency entails the obligation to leave the country within the period stipulated or expulsion from the National Territory, taking into consideration the factual and personal circumstances of the interested party, as described in the Regulations;

b) The expulsion involves the prohibition of permanent re-entry or for a period that in no case may be less than five (5) years and shall be graduated according to the importance of the reason for it. Such prohibition may only be waived by the National Directorate of Immigration. (Argentina 2003)

2. Citizenship

Argentinian citizenship may be obtained by [translation] "option" or by "naturalization" and cannot be "renounced"; holding citizenship in one or more other countries does not preclude an individual from obtaining Argentinian citizenship (Argentina n.d.d). A foreign-born child of a [translation] "native" Argentinian may obtain Argentinian citizenship by option by registering at an Argentinian consulate abroad or through the National Registry of Persons (Registro Nacional de las Personas, RENAPER) from within Argentina (Argentina n.d.d). Citizenship by naturalization may only be obtained by initiating a judicial process before the country's federal court (Argentina n.d.d).

2.1 Citizenship by Option
2.1.1 Required Documents

Foreign-born children of a native Argentinian citizen may apply for citizenship by choice if they are over the age of 18, while foreign-born children under 18 may only obtain citizenship if their parent or legal guardian undertakes the application process on their behalf (Argentina n.d.d). The following documents are required of applicants over the age of 18:

[translation]

• Original authenticated birth certificate, apostilled in the country of origin, translated by a national public translator if it is not in Spanish, consular testimony or registration in the Book of Foreign Jurisdiction (Libro de Extraña Jurisdicción) of the Civil Registry of the Autonomous City of Buenos Aires or of the provincial civil registries.
• Original birth certificate and national identity document [Documento Nacional de Identidad, DNI] of the native Argentinian parent.
  If both are Argentinian, present only one of them.
• Document of the non-Argentinian parent, which must be suitable as proof of their identity. (Argentina n.d.e)

For applications submitted on behalf of a child below the age of 18, the following additional documents may be required:

• If only one parent is involved in the application but both parents share custody, [translation] "expressly state[d] and duly authenticate[d]" authorization from the other parent is required.
• If the parents shared custody but one parent has died, the original death certificate must be submitted.
• If one parent has sole custody as the result of a divorce, separation or legal agreement, a "certified copy" of documentation must be provided.
• If the child is represented by a guardian or conservator, the latter must provide express legal authorization (Argentina n.d.e).

2.1.2 Procedure

Applications for citizenship by option made from within the country may be carried out a RENAPER centre by booking an appointment online or by telephone (Argentina n.d.e). The individual must bring the required documentation to the appointment and pay a fee of 300 Argentinian pesos [C$4.00], following which the DNI will be issued and mailed to the address provided by the applicant (Argentina n.d.e). Applicants may also present the required documentation at any [translation] "digital office" or civil registry location along with a completed RENAPER form and carry out the remainder of the process, including the taking of a photo and fingerprints, and the signing of documentation, following which their DNI will be mailed to the address they provide (Argentina n.d.e).

Applications made from abroad by applicants above the age of 18, or by the parent or legal guardian of an applicant below the age of 18, must be submitted in person at an Argentinian consulate along with the required documentation, following which the DNI may be collected at the same consulate (Argentina n.d.e).

2.2 Citizenship by Naturalization

According to the DNM, citizenship by naturalization may only be acquired by persons above the age of 18 who have resided in the country for two [translation] "uninterrupted" years, as certified by the DNM (Argentina n.d.d).

2.2.1 Required Documents

The DNM indicates that the following documentation is required of naturalized citizenship applicants:

[translation]

• Birth certificate, duly authenticated as appropriate, with apostille and/or international authentication.
• Photocopy of DNI, passport.
• Certificate of [criminal] record.
• Domicile certificate.
• Proof of livelihood: employment contract, current work certificate or pay statement. If self-employed, photocopy of proof of contributions.
• If there are Argentinian children, include a photocopy of the birth certificates and a certificate from the [DNM]. (Argentina n.d.d)

2.2.2 Procedure

Applicants residing in Buenos Aires may present their required documentation at the National Appeals Court for Federal Civil and Commercial Matters (Cámara Nacional de Apelaciones en lo Civil y Comercial Federal), while those living elsewhere in Argentina may present themselves at the nearest National Court for Federal Civil and Commercial Matters (Juzgado Nacional en lo Civil y Comercial Federal) (Argentina n.d.d). The applicant is subsequently issued a citizenship letter that can be used to obtain a new DNI as an Argentinian citizen (Argentina n.d.d).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] According to its official website, the Southern Common Market (Mercado Común del Sur, MERCOSUR) is a South American regional regime of social, economic, and migratory integration initiated in 1991 by Argentina, Brazil, Paraguay, and Uruguay (MERCOSUR n.d.a) that now includes Venezuela, Bolivia, Chile, Colombia, Ecuador, Guyana, Peru, and Surinam (MERCOSUR n.d.b).

[2] The Government Administration of Public Revenue (Administración Gubernamental de Ingresos Públicos, AGIP) of the city of Buenos Aires states that "Inmobiliario / ABL" [Alumbrado, Barrido, y Limpieza (Property / Lighting, Sweeping and Cleaning)] is a combined municipal tax paid by all residents of Buenos Aires and consists of a maintenance tax to cover shared municipal costs such as lighting and cleaning, as well as a property tax (AGIP, n.d.).

References

Argentina. 2003. Ley de Migraciones 25.871. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 5 Nov. 2021]

Argentina. N.d.a. Ministerio del Interior, Dirección Nacional de Migraciones (DNM). "Radicaciones No MERCOSUR – Residencia Permanente." [Accessed 5 Nov. 2021]

Argentina. N.d.b. Ministerio del Interior, Dirección Nacional de Migraciones (DNM). "Radicaciones MERCOSUR – Residencia Permanente." [Accessed 5 Nov. 2021]

Argentina. N.d.c. Ministerio del Interior, Dirección Nacional de Migraciones (DNM). "Lo que tenés que saber antes de ingresar a Radicación a Distancia." [Accessed 5 Nov. 2021]

Argentina. N.d.d. Ministerio del Interior, Dirección Nacional de Migraciones (DNM). "Obtener la ciudadanía argentina." [Accessed 5 Nov. 2021]

Argentina. N.d.e. Ministerio del Interior, Dirección Nacional de Migraciones (DNM). "Optar por nacionalidad argentina para hijos de argentinos nacidos en el exterior." [Accessed 5 Nov. 2021]

Mercado Común del Sur (MERCOSUR). N.d.a. "MERCOSUR in Brief." [Accessed 10 Nov. 2021]

Mercado Común del Sur (MERCOSUR). N.d.b. "MERCOSUR Countries." [Accessed 10 Nov. 2021]

Additional Sources Consulted

Oral sources: adjunct researcher and international rights lawyer at a university in Argentina who conducts research on legislation and human rights related to migration in Argentina; Argentina – Consulate General in Montreal, Consulate General in Toronto, Embassy in Ottawa, Ministerio de Justicia y Derechos Humanos.

Internet sites, including: Argentina – Consulate General in Toronto, Procuración Penitenciaria de la Nación; Buenos Aires – city government; Centro de Estudios Legales y Sociales; ecoi.net; E-International Relations; Law.asia; Municipalidad Argentina; Peoples Dispatch; Spain – Ministerio de Trabajo y Economía Social; UN – International Organization for Migration, Office of the High Commissioner for Human Rights, Refworld; US – Department of State; University of Oxford – Faculty of Law; Washington University – Global Studies Law Review.