Progress in the implementation of free movement of persons within the Mercosur

Last November 8, representatives from Argentina, Brazil, Paraguay and Uruguay approved Agreement Nº 13/02 regarding the residence of citizens from member states of the Mercosur (the “Agreement”).

The Agreement refers to the Asunción Treaty executed on March 26, 1991 and the Ouro Preto Protocol dated December 17, 1994. Its purpose is basically to bring solutions to migration movements within the nations of the region, strengthen regional bonds, and establish common rules for obtaining authorization to reside in one of the Mercosur countries.

Those citizens of a Mercosur country intending to reside in the territory of another member state will be able to obtain their residence, according to the terms set forth in the Agreement, by proving their nationality and upon the presentation of the formal requirements established in the Agreement. A “citizen” of a member country of the Mercosur means any person with the original nationality of one of the member states or with nationality acquired by naturalization after at least five years.

The Agreement provides for two types of residence: temporary, for up to two years, which may be changed to permanent upon the interested party’s request, to be filed no later than ninety days before the former expires. In both cases, it will be necessary to submit personal documents such as a valid passport or identity document, birth certificate, certificates of criminal, judicial and/or police records from the country of origin or of previous residence for the last five years, medical certificate, and the payment of a service tax, the amount of which was not established in the Agreement, before the corresponding consular or migration services.

The Agreement applies to: i) citizens of a member state of the Mercosur intending to settle in the territory of another member state, who must submit the documentation required by the respective consulate, and; ii) citizens of a member state who are in the territory of another member state and intend to settle there, submitting the documentation required by the relevant migration service.

Obtaining the residence set forth in the Agreement, whether temporary or permanent, grants the acquiring party (and dependants, provided they have submitted the additional documentation required) the right to freely enter, leave, circulate and stay in the territory. The party is also entitled to the same civil, social, cultural, economic rights and freedoms as the citizens of the country, as well as to work and exercise any legitimate activity, under the conditions established by the relevant law, as well as to exercise any activity, either independently or through third parties, under the same conditions as the citizens of the country, according to legal rules.

The implementation of the Agreement is subject to: i) approval by the presidents of the signatory countries at the next Mercosur meeting which will be held in December in Brasilia, ii) ratification by the congresses of such countries and, iii) the deposit of the Agreement signed by the four member countries with the depositary, which in this case is the Republic of Paraguay.