Argentina Immigration Laws, a complete review

Looking for information about Argentinian immigration laws? In this article, we present you with a concise list of the main laws that govern immigration, followed by a detailed review of each law's key aspects. You will also find the last version of each law in PDF format.

What are the Argentina laws regulating immigration?

1. Immigration Law 25.871: This law covers the general principles of Argentina's immigration policy, the rights and obligations of foreigners, and the admission of foreigners to Argentina and its exceptions. It also outlines the categories and terms of admission.

2. Decree 616/2010: This decree contains the regulations for the procedure, requirements, and conditions for entering the country, as per the immigration categories outlined in articles 20 to 25 of Law 25.871. It also covers the processing of residency.

Detailed review of the main immigration laws in Argentina

Law 25871 (January 2004) / Argentina Immigration Law

The Ley Migraciones 25.871 is a comprehensive immigration law in Argentina that guarantees the right to migration based on equality and universality. It ensures that irregular migration status does not prevent access to education, healthcare, and social assistance. The law establishes different categories of residency, introduces new categories of foreigners entering Argentina, and addresses the procedures and requirements for residency applications. It grants the National Immigration Office the authority to control the entry and exit of individuals from Argentine territory and specifies various grounds for denying entry or imposing sanctions on foreigners. The law imposes restrictions on providing accommodation and employment to irregularly residing foreigners but clarifies that employers must fulfill labor obligations towards foreigners regardless of their migratory status. It also includes regulations regarding the validity of formal acts, sanctions for providing accommodation or employment to foreigners without proper authorization, and alternative mechanisms for sanctions for employer responsibilities. The law further outlines the process for regularizing the migratory status of foreigners who have violated the conditions of their entry or stay in Argentina, including the possibility of expulsion if they fail to comply with the regularization process. Additionally, the law specifies various grounds for canceling residency, such as fraudulent or false documentation, criminal convictions, extended periods of absence from Argentina, and the violation of conditions for subsidized residency. The Ministry of Interior has the authority to cancel residency and expel foreigners who engage in certain activities outlined in the law. The law also establishes procedures for collaboration between judicial authorities and the National Immigration Office in cases of criminal convictions, and specifies that the expulsion of a refugee requires the prior opinion of the National Commission for Refugees. The law ensures that the migrant has a reasonable opportunity to claim unpaid wages and fulfill pending obligations even after their departure. In cases where an expulsion order is not yet final and consented, the National Immigration Office must suspend the expulsion if the detained foreigner claims to be a parent, child, or spouse of an Argentine native, and verify the alleged relationship within 48 hours. If the relationship is confirmed, the foreigner will regain their freedom and be eligible for a summary procedure for migratory regularization. The law also allows for the retention of a foreigner whose expulsion order is final and consented for a maximum period of 15 days, which can be extended for an additional maximum period of 30 days in certain circumstances. The law includes guidelines for determining the risk of non-compliance with expulsion orders, taking into account factors such as residence, behavior during the administrative procedure, and provision of false information. The law also establishes regulations for the temporary release of detained foreigners, requiring them to establish a domicile and declare their actual place of residence. It also allows for the provision of bail to ensure compliance with the expulsion order. The law specifies that the retention of detained foreigners should be carried out by the auxiliary immigration police, who will accommodate them in their facilities or as directed by the National Immigration Office until their departure from the country. In cases where it is necessary to ensure the security or personal conditions of the expelled individual, the immigration authority may request custody and assistance from the auxiliary immigration police. The law emphasizes the need for appropriate accommodation for detained foreigners, separate from those detained for criminal reasons, taking into account their family situation. The law also states that DE MIGRACIONES may arrange for the accommodation of detained foreigners in private places, with the corresponding custody by the Auxiliary Immigration Police. The National Immigration Office will request the intervention of the competent health authority to ensure that foreigners with physical or mental disabilities or requiring continuous or specialized medical attention are held in suitable establishments for such purposes. If necessary, the National Immigration Office will arrange for the medical transfer of the foreigner to their destination, with the authorization of the relevant health authority, ensuring the prescribed care through their own medical staff or with the assistance of designated professionals. The law also requires individuals, companies, associations, or societies requesting the entry, stay, or regularization of a foreigner's migratory status in the country to register in the National Unique Registry of Foreigners' Applicants and satisfy the required guarantee determined by the National Immigration Office, taking into account the applicant's background and solvency. The law also establishes a system for the review of administrative decisions by the National Immigration Office, allowing for the reconsideration of decisions that deny admission or residence to a foreigner, cancel residence authorizations, order the departure or expulsion of a foreigner, or impose fines and guarantees. The law also outlines the process for filing a Reconsideration Appeal within ten business days of receiving the official notification of the decision, and specifies the timeframes for the resolution of the appeal and the subsequent Hierarchical Appeal if necessary. The law also includes regulations regarding the judicial recourse available to individuals after exhausting the administrative appeals process, including the right to request prompt action from the court if the administrative authority has exceeded reasonable timeframes. The law ensures that foreigners without economic means have the right to free legal assistance in administrative and judicial proceedings that may lead to the denial of their residency. The law also establishes the involvement of the Ministry of Public Defense in cases where an immigrant raises concerns, suspending any ongoing administrative proceedings until the Ministry intervenes or the individual receives necessary legal assistance. The law also clarifies that the inability to pay fees for filing appeals should not hinder access to the appeals process. The judicial recourse available to individuals is limited to reviewing the legality, due process, and reasonableness of the contested decision. The law allows for the revision of decisions by the Ministry of Interior and the National Immigration Office, either on their own initiative or at the request of a party involved, in cases of error, omission, manifest arbitrariness, violations of due process, or when new facts of sufficient importance justify such action. The law also establishes regulations for the payment of fines imposed under the law, specifying the time, place, form, and destination for payment. Appeals can be made against decisions imposing sanctions, fines, or guarantees, either through a hierarchical appeal or a judicial appeal, with the latter requiring proof of prior payment of the fine or fulfillment of the imposed guarantee. The law also addresses the collection of fines imposed under the law, stating that if the fines are not temporarily satisfied, the National Immigration Office will pursue their collection through judicial means within 60 days of the fines becoming final. The law also grants the National Immigration Office the authority to act in legal proceedings related to the fines and specifies that the addresses declared in administrative proceedings are valid in judicial proceedings. The law also establishes a two-year statute of limitations for offenses punishable by fines. The law also establishes the jurisdiction of the National Courts of First Instance in Administrative Litigation or the Federal Courts of the interior of the country to handle matters related to Titles V and VI until a specific jurisdiction in migration matters is created. The law also allows the National Executive Power to determine the acts of the National Immigration Office that will be subject to service fees, including the amounts, requirements, and methods of collection. Additionally, the law states that funds collected from the fees imposed by the law will be deposited as specified by the regulations. The law also allows the government of Argentina to enter into agreements with countries where Argentine emigrants reside to ensure equal labor rights and social security for them. These agreements should also guarantee the ability of emigrants to send funds to support their relatives in Argentina. The Executive Power has the authority to suspend the benefits granted by the law to citizens of countries that impose restrictions on Argentine residents that severely affect the principle of reciprocity. Furthermore, the law allows Argentine citizens who have resided abroad for more than two years and decide to return to the country to import their belongings for their work activity free of import duties, taxes, contributions, and other charges. They can also bring their personal and household effects, as well as their car, up to the amount and scope determined by the competent authority and the National Executive Power. The law also establishes that the General Customs Directorate, dependent on the Federal Administration of Public Revenues (AFIP) of the Ministry of Economy and Public Finance, will be the competent authority to determine the procedure, scope, and amounts of tax benefits to be granted to Argentines returning to the country after residing abroad. The goods introduced into the country under this regime cannot be transferred by acts inter vivos, nor encumbered, for a minimum period of two years from their clearance, without prior authorization from the competent authority. Those who have enjoyed this benefit can only avail themselves of it again after seven years have elapsed from the date of the administrative act by which it was granted. The embassies and consulates of the Argentine Republic must have the necessary services to keep Argentines abroad informed of the franchises and other exemptions for returning to the country. The National Immigration Office are the authority responsible for implementing the law. The law also establishes that the National Immigration Office will support the associative movement among immigrants and assist labor unions, business organizations, and non-profit organizations that promote their social integration to the best of their abilities. The law also grants the National Immigration Office the authority to delegate its functions and powers, establish new delegations, and control the entry and exit of individuals from Argentina. The law also requires the National Immigration Office to publish procedural and clarifying regulations in the Official Gazette and annually publish a consolidated text of all its valid regulations on its official website. The law also establishes that the Governors of Provinces and the Chief of Government of Buenos Aires, as natural agents of the Federal Government, will ensure compliance with the law in their respective jurisdictions and designate the organizations that will collaborate with the National Immigration Office for this purpose. The law also requires federal courts to notify the National Immigration Office of citizenship certificates issued and their cancellation within 30 days, and for competent authorities to notify the National Immigration Office of the death of foreigners within 15 days. The law also establishes that the National Immigration Office will create the necessary registers for the implementation of the law, including the registration of entry and exit of individuals from Argentine territory, as well as permanent or temporary residencies, their modifications, and cancellations. The law allows for the use of electronic systems for registration, while still maintaining documentary records for a minimum of five years. The information registered will be confidential and accessible to competent administrative or judicial authorities, as well as to registered foreigners or their legal representatives. The law also allows the National Immigration Office to authorize third parties to access the registered statistical information for academic or scientific purposes. The National Immigration Office may rectify the registered information when necessary, either on its own initiative or upon request accompanied by supporting documentation. The law also establishes the possibility of delegating the functions and powers of the National Immigration Office, as well as the collaboration of provincial authorities and organizations in enforcing the law. The law also addresses the financing of the auxiliary immigration police through a percentage of the fees or fines collected under the law. Additionally, the law introduces penalties for offenses related to illegal trafficking of persons and the facilitation of illegal stay or fraudulent documentation for foreigners in Argentina. The law repeals the previous law, Ley 22.439, and any other conflicting regulations, but states that they will remain valid until the new law comes into effect. The law also clarifies that foreigners are still obligated to comply with national legislation and respect the cultural identity of Argentinians.

Decree 616/2010 (May 2010)

The article is a decree issued by the National Executive Power of Argentina, which regulates the Migration Law and its amendments. The decree emphasizes the importance of the country's migration policy, which aims to integrate with other Latin American countries and respect human rights. The Immigration Office, under the Ministry of the Interior, is responsible for implementing and regulating the law. The decree also recognizes the need to facilitate the procedures for foreigners wishing to reside in Argentina and establish a regulatory system that complements and adapts the mechanisms for protecting their rights. The decree includes the approval of the regulation of the Migration Law and its amendments, as well as the repeal of several previous decrees. The regulation will come into effect 60 days after its publication in the Official Gazette. The decree also highlights the role of the Ministry of the Interior in establishing guidelines and general principles for population and migration policies, including the ability to prioritize certain areas of the country for development and collaborate with organizations involved in migration issues. The rights and obligations of foreigners in Argentina are also addressed in the decree, with further regulations yet to be determined. The Ministry of the Interior, Ministry of Education, and Ministry of Health will play key roles in ensuring access to education and healthcare for foreigners, even those in irregular migration status. The Immigration Office will also be responsible for providing training and information on the rights and duties of foreigners, as well as assisting with the necessary procedures for their settlement in Argentina. The decree also outlines measures for the exercise of the right to family reunification, the right to vote, and the creation of instruments and actions to achieve the objectives set forth in the Migration Law. The General Customs Directorate will determine the procedure, scope, and amounts of tax benefits for foreigners granted permanent residence in Argentina. These benefits include restrictions on the transfer or encumbrance of goods introduced into the country under the regime for a minimum period of two years, as well as a seven-year waiting period to reapply for the benefits after their initial enjoyment. The decree also grants the Immigration Office the authority to simplify administrative procedures, enter into agreements with public or private organizations, develop programs in specific areas of the country, and establish criteria for exemption from migration fees based on poverty or humanitarian reasons. The Ministry of Labor, Employment, and Social Security will also take measures to provide necessary guidance to foreigners regarding situations described in the Migration Law. The new information from the Argentina government's website includes details about the categories and admission periods for foreigners, the suspension of residency applications for individuals facing criminal charges, equal residency categories for foreigners with disabilities, and the control of foreigners' legal presence in Argentina. The Immigration Office will have the authority to request proof of legal status from foreigners and will be responsible for ensuring the timely processing of residency applications. Additionally, the decree addresses the rights and obligations of foreigners, including access to education and healthcare, and outlines measures for family reunification, voting rights, and tax benefits for permanent residents. The Immigration Office will have the power to simplify administrative procedures, collaborate with organizations, and establish criteria for fee exemptions based on poverty or humanitarian reasons. The Ministry of Labor, Employment, and Social Security will also offer guidance to foreigners in accordance with the Migration Law. The decree also includes regulations for inspection and verification of compliance with employment and accommodation obligations for foreign residents, as well as the requirement for prior judicial authorization in certain cases. Foreigners applying for permanent residency must demonstrate their relationship to Argentine citizens or permanent residents, and the decree emphasizes the right to family reunification.