ARTICLE

Bilateral Agreement on Residence

Argentina approved the Operative Agreement entered into by and between the Migration Office of the Argentine Republic and the Department for Foreigners of the Federative Republic of Brazil to implement the “Agreement on Residence for Nationals of Mercosur Member States”, dated 29 November 2005.
April 29, 2006
Bilateral Agreement on Residence

The Agreement has already been approved by Argentina will become effective within the next few weeks, after Brazil approves same and incorporates it to its domestic law.

Beneficiaries under this Agreement are Argentine and Brazilian nationals wishing to reside within the territory of the other State, and Argentine and Brazilian nationals who already are in the territory of the other State and wish to settle  in that country.

Those persons who entered the territory of the other country clandestinely (i.e. they entered the country without undergoing the migration control of said country) will not benefit from this Agreement, within the territory of the country of arrival, unless they leave the country they entered illegally and request this benefit in their country of origin.

A 2 year temporary residence term will be granted, upon payment of the application fees and submission of the following documentation: valid passport or identity document; certificate evidencing lack of judicial and/or criminal and/or police record of the petitioner in their country of origin or residence; affidavit attesting to lack of national and international criminal and police record.

A granting of residence will not require proof of solvency nor prior labor authorization and shall be exempt from any apportionment requirement regarding nationality and parity in wages.

Temporary residence may become permanent if, within 90 days prior to its expiration, petitioner files the following documents: record of temporary residence timely obtained; valid passport, identity document or certificate of nationality issued by the consular agent of the petitioner’s country of origin and evidenced in the other country; certificate evidencing lack of national and international criminal or police record; and evidence of legally obtained income sufficient to provide for  the petitioner’s and his or her dependent family. In addition, petitioner must pay the appropriate tax.

Legalization purpose of the necessary residence documents is governed by the “Agreement on Simplification of Legalizations of Public Deeds” entered into between both countries in 2003 and in full force and effect as from 2004 applies. The sole requirement for the validity of these documents in the other country is that they be legalized by the Office of Foreign Affairs of the country issuing the document. Under the provisions of the “Agreement on the Exemption of Translations of Administrative Documents for Immigration purposes among Mercosur Member States” no translation is necessary.

Persons obtaining temporary residence will enjoy the following rights: to work and exercise skills in accordance with the law; to file petitions with the Argentine authorities, to enter, remain, transit and depart from the territory of both countries; the freedom of public association and the freedom of religion.