Hiring Foreign Workers In Argentina

Author:Mr Mario Eduardo Castro Sammartino
Profession:Castro Sammartino & Pierini
 
FREE EXCERPT

Hiring foreign workers in Argentina involves reviewing immigration laws in force. Immigration to Argentina is governed by the Migration Law Number 25,871 (Ley de Migraciones or LM), its Regulatory Decree Number 616/2010, and supplementary dispositions enacted by the National Direction of Migrations (Dirección Nacional de Migraciones or DNM) that is the agency in charge of enforcing migration laws (such as Dispositions Number 1170/2010, 1171/2010 and 1824/2013).

Under Argentine immigration laws, there is no cap or quota as to the number of foreign workers that may be hired. However, to hire foreign workers in Argentina legally, companies must follow proper migration procedures, so as to avoid significant sanctions and liabilities. Under no circumstance can a foreign individual lawfully work in Argentina without a temporary residence granted by the DNM, as it will be explained below.

1) Migration procedures

Foreign individuals entering the country and wishing to work legally in Argentina must first obtain a temporary residence. The procedure differs according to the applicant's country of origin.

  1. Mercosur and associated states' citizens

    Citizens from Mercosur and associated countries have a privileged status1. They may apply for a temporary residence based just on their nationalities and with no need of any local sponsoring. According to an international bilateral treaty, Brazil's citizens may directly obtain permanent residence.

    Temporary residence to Mercosur and associated states' citizens will be granted for a 2-year term. Afterward, they may apply for a permanent residence.

  2. Non-Mercosur' s citizens

    The Argentine prospective employer of a non-Mercosur citizen must file2 with the DNM for

    the issuance of an entry permit. Once the application has been granted, the entry permit must be sent to the Argentine Consulate in the prospective employee's home country, where a work visa will be stamped on his or her passport. If the prospective employee has already entered Argentina as a tourist, the company may directly request with the DNM the conversion of the tourist status into a work visa.

    Temporary residence based upon a work visa will be granted for one year and may be renewed for identical terms. After three years of temporary residence, non-Mercosur citizens may apply for permanent residence.

    2) Further procedures

    Once the temporary...

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