Bilateral Agreement regarding Residency between Argentina and Brazil

This Agreement allows Brazilian nationals who are already living in Argentina and Argentine nationals who are already living in Brazil the possibility of making their temporary or transitory residencies permanent.

It also allows persons in irregular situations in the other country to regularize their position if they file the required documentation.

Those persons who have clandestinely entered into the territory of the other country can also apply for the benefits of this Agreement after they have left the territory of the recipient country and returned to it in the proper manner.

Applications to obtain permanent residency or to regularize an irregular situation must be filed in Argentina before the National Migration Bureau of the Ministry of Interior (Dirección Nacional de Migraciones del Ministerio del Interior) and, in Brazil before the Foreigners’ Department of the National Secretary of the Ministry of Justice.

The following documents must be filed along with the application:

(i)           passport or identification document that is valid for the entry to the Member States and a copy;

(ii)           certificate proving the absence of a judicial and/or criminal and/or police record in the country in which the petitioner lived during the five years prior to the filing of the application;

(iii)          affidavit as to the absence of a national and international, criminal or police record;

(iv)          record of the entry into the Member States’ territory; and

(v)           proof of payment of applicable immigration fees.

This Agreement grants to an individual certain benefits, including the following:

(i)           free transit and residence;

(ii)           the ability to carry out any activity themself as well as through a third party under conditions equal to those of the recipient country’s nationals;

(iii)           equality of civil rights;

(iv)           the right to family reunion;

(v)            treatment equal to that of nationals;

(vi)           the right to transfer remittances.

The documents to be filed in order to obtain the benefits of this Agreement are exempted from the need to translate them into any other language (except when there are grounds for doubting their content) in accordance with the stipulations of the “Administrative documents for the purpose of immigration between the Member States of Mercosur Translation Exemption Agreement” (Acuerdo de exención de traducciones de documentos administrativos para efectos de inmigración entre los Estados Parte del Mercosur).

The granting of permanent residency can be declared null if, at any time, it is detected that any part of the information filed by the applicant is false.

The Agreement has already been approved in Argentina but it will enter into force when incorporated into Brazilian domestic law and a written communication has been sent to the other party confirming that such formality has been met.