Expatriate Forums in Argentina

Argentina Info · Joined: 01 Dec 2006 Posts: 19 Home Country: argentina

WORK PERMIT IN ARGENTINA

In general, a foreign applicant (the "employee") assigned to work in another country must evidence a degree of proprietary knowledge, specialized skills, or managerial/ executive-level skills that are not readily available in the destination country's domestic labour market.

The following is a general summary of the types of employment visa categories that are common to corporate, international transfers into Argentina.

"Regularization" of immigration status from Visitor status to Work Status

A foreign national employee from a bordering country can convert his or her immigration status from a Visitor status to Work status while remaining in Argentina; however, this process may take upwards of six months to conclude.

During the "regularization" period, nationals from a bordering country can apply for a special certificate, called a "Certificate of Precarious Residence" which will allow these nationals to reside, work, study, and re-enter Argentina while the long-term work and residence permits are awaiting approval. These are specialized applications that will require the review of this firm's Argentine immigration advisor.

For those nationals coming from non-bordering countries, these nationals CANNOT regularize status in Argentina from a Visitor to a Work status. While the application to obtain work status can be made directly with the DNM, non-bordering foreign nationals are not allowed to work in Argentina. Non-border nationals can physically remain in Argentina as a visitor while the work permit application is pending approval; however, once the work permit application is approved, the employee and family members must return to their country of legal residence to apply for the work and residence visa.

Types of Work Visas

The major types of Argentine employment visa categories are as follows:

A) Article 29 (e) Visa – Valid for providing short-term, temporary work duties (or technical duties) while in Argentina. This visa is valid for an initial period of 15 days and can be issued by either an Argentine consular post or by Migrations in Argentina. This visa can be renewed for an additional 15 days with the migration authorities in Argentina. This visa requires prior approval of the migrations authorities and is generally required for visa nationals of non-bordering countries if in Argentina for short visits while the migrations authorities process a long-term work permit application.

B) Article 23 (A) Visa ("Labour Contract - Temporary Residence" Visa) – This visa is designed for those employees who are contracted by corporations settled in Argentina for at least a 6 – 12 month period AND will be assigned to the Argentine payroll as a "localized" employee. If the employee is to be paid from the Argentine payroll. A formal Labour Contract must be executed between the employee and the Argentine sponsor. This visa requires prior approval from the migrations authorities prior to applying for this visa at an Argentine consular post.

C) Article 23 (E) Visa ("Secondment -Temporary Residence" Visa) under Provision 18/94 – This visa is designed for those employees who are transferred to Argentina by a subsidiary corporation or from the same corporation group, for at least a 6 – 12 month period. This is the typical type of transfer for most assignments to Argentina. This visa does not require a Labour Contract but prior approval from the migrations authorities prior to applying for this visa at an Argentine consular post.

The General Process

Note: For the purposes of this summary, the "Article 23 (E) Secondment – Temporary Residence" visa under Provision 18/94 based on the scenario of an intra-company transfer, will be addressed.

As the sponsoring organization, an Argentine company that is registered with the "Direccion Nacional de Migraciones" is required to prepare a work permit application on behalf of the employee. The work permit application is filed with the DNM. Once the work permit application is approved by the DNM, the approval is issued as a "Permiso de Ingreso" to the Argentine company for the company to send the "Permiso de Ingreso" to the respective Argentine Consulate. Once the Argentine Consulate receives the "Permiso de Ingreso" , the Argentine consulate will be prepared to accept the employee's and each family member's visa applications.

The appropriate consular post with jurisdiction over the visa application is usually determined by either the employee's country of citizenship or the employee's country of legal residence.

Basic Requirements to Qualify

To qualify as a sponsor of an Article 23 (E) visa, the basic requirements for the Argentine company and the assignee are as follows:

1. The Argentine corporate entity must be duly registered with the Argentine Public Registry of Commerce and evidence that all corporate income taxes are paid;

2. The transfer must occur between an Argentine company and a foreign affiliate with clear, common-parent ownership;

3. According to the Argentine Labour Contract Law, any employee must be paid by the Argentine company a portion of the employee's global salary and consequently, the payment of the taxes in the country where the labour tasks are developed (i.e. Argentina);

4. The Argentine company must be registered with the DNM's National Corporate Registry Office ("NCRO") (Registro Nacional Unico de Requierentes Extranjeros) and have a unique corporate identifier number (Numero Unico de Inscripcion en el Registro) affixed to each work permit application.

Argentine Corporate Documents Required for Work Permit

The sponsoring Argentine employer must present the following documents:

a) Photocopy of the last 6 vouchers evidencing payment of "aportes y contribuciones previsionales" (Social Security Contributions) of employer;
b) Photocopy of the last 3 vouchers of payment of Gross Receipts Tax (Ingresos Brutos);
c) Photocopy of the last 3 vouchers of payment of V.A.T. (IVA);
d) Photocopy of the 3 last vouchers of payment of Incomes (Ganancias)
e) Photocopy of the CUIT tax document (Corporate tax number);
f) Photocopy of the Corporate by-laws;

These photocopies must be duly certified by an Argentine Notary Public.
g) Three original Argentine Company Letters addressed to the DNM informing of the intra-company transfer to Argentina;
h) Special power of attorney certified by an Argentine Notary Public in favour of those who will act representing the employer company

Home Company Corporate Documents

a) Notarized Letter of Employment (written in Spanish) providing the details of the employee's assignment to Argentina. This letter should have an Apostille affixed or legalization of the Argentine Consulate.

Employee and Family Documents

a) Clear copies of the employee's and each family member's passport identification pages. NOTE – ALL PASSPORTS must be valid for at least 12 months at the time the Temporary Residence visa is applied for at the Argentine consular post;

b) Completed immigration questionnaire;

c) Clear photocopy of the employee's and each family member's birth certificate evidencing both parent's names on each birth certificate.

General Processing Times

The normal time to assemble the corporate and employee's personal documentation is approximately three weeks. Once the work permit application is signed by an Argentine company director and filed with the DNM, processing of the application by the DNM will take at least 20 – 30 days.

Validity of the Work Visa

The Article 23 (E) under Disposition 18/94 Temporary Residence visa is generally valid for a one-year period. The employee may apply to renew his or her visa for in one-year increments without any legal limit for renewals.

Documents Required to Apply for a Work Visa

Once the Argentine Consulate receives the "Permiso de Ingreso" to issue the employee's and accompanying family member's visas, the employee and each accompanying family member MUST appear in person in order to submit the visa applications and passports. Generally, the following documents are requested when applying for a Temporary Residence visa:

1. Original passports valid for at least 12 months containing at least two, blank visa pages;

2. Original, notarized criminal records report for all applicants 18 and older, accompanied by a certified Spanish translation. Each criminal record must be affixed with an Apostille affixed or Argentine consulate legalization. Criminal records are required for these residences where an applicant has resided for more than six months during the past five years;

3. Six passport photographs (per applicant), 4x4 cm, 3/4 right side profile, colour photos or black and white photos;

4. Two, original marriage certificates with Apostilles or Argentine consular legalization. At least one marriage certificate must be accompanied by a certified Spanish translation;

5. Three, original birth certificates from the employee and each family member, with each birth certificate having an Apostille or Argentine consular legalization affixed. At least one birth certificate must be accompanied by a certified Spanish translation;

6. Depending on the Argentine consulate at which you apply, a "Ficha Medica" (Medical Exam) for the employee and each family member may be required. If a Ficha Medica is required, either a consular-appointed physician or a personal physician will be authorized to complete and execute the required medical examinations. In addition, the Ficha Medica may require an Apostille or Argentine consular legalization;

7. Letter of Assignment from the Argentine company that must be signed in the presence of the Argentine consular officer;

8. Visa Application Fee.

Note: Each Consulate may have slightly or widely different document requirements. The employee and any family member age eight years or older must attend a personal appearance at the Consulate in order to have fingerprints taken. It is best to check these application requirements with the Consulate once the Consulate has confirmed receipt to issue the Temporary Residence visa.

Once the visa applications are accepted for processing the Consulate, the Consulate may take between three to fifteen business days to issue the Temporary Residence visa.

The Consulate will return to each applicant his/her original passport with Temporary Residence Visa affixed, along with two envelopes sealed by the Argentina Consulate. One envelope, marked "Ezeiza", must be presented to the Argentine immigration officer at the port of entry, along with the visa holder's passport. The other envelope, marked "Registro Civil" must be retained by the visa holder in order to register for his/her Residence Permit pursuant to the steps listed below.

Registration for Residence Permit and Tax Card

Once the employee (and family) arrives in Argentina, the employee (and each family member) must register before the Registro Nacional de las Personas in order to obtain their Documento Nacional de dentidad ("DNI"). Applications must be submitted to the local "Registro" with jurisdiction over their domicile in Argentina.

In addition, the employee must apply for a CUIL (Social Security) Card in order to be assigned to the Argentine company's payroll.

Timing Restriction to Register: The DNI and CUIL cards must be registered within 30 days of the employee's and each family member's arrival into Argentina.

Family and Dependents

Spouse and Children
The accompanying spouse and children should be named on the employee's work permit application, as the DNM will approve the employee and family members together. Once the work permit application is approved, the family's visa applications can be filed simultaneously with the employee's visa application.

Unmarried Partners (Opposite-Sex) – Visa
Argentine immigration law does not recognize long-term unmarried couples of the opposite sex.

Unmarried Partners (Same-Sex) – Visa
Argentine immigration law does not recognize long-term unmarried couples of the same sex.

Ability to Work
Legal spouses and legal dependents age 16 and over may be granted work authorization as a derivative status of the employee without the need to apply for a separate work permit.