Work permits and visas in Argentina

Navigating the process for foreign nationals to live and work legally in Argentina involves understanding the country's immigration framework, primarily managed by the Dirección Nacional de Migraciones (DNM). This system requires foreign workers to obtain appropriate residency permits, which often function as both the right to reside and the authorization to work. The specific requirements and procedures depend on the individual's nationality, the nature of their employment, and the intended duration of stay, necessitating careful preparation and adherence to local regulations for a smooth transition and compliant employment.

For companies looking to employ foreign talent in Argentina, ensuring that prospective employees secure the correct documentation is a critical step. This typically involves the employer acting as a sponsor for the work-related residency application. The process can involve multiple stages, from initial visa application (if required for entry) to obtaining the temporary residency permit within Argentina, which grants the legal right to work. Understanding the nuances of each step is essential for both the employer and the employee to maintain legal status throughout the employment period.

Common Visa Types for Foreign Workers

Foreign nationals intending to work in Argentina typically require a temporary residency permit that explicitly authorizes employment. The most common pathway is applying for a Temporary Resident (Residencia Temporaria) status under the category for workers (e.g., Article 29, Law 25.871). This category is generally applicable to individuals who have secured employment with an Argentine employer.

Citizens of Mercosur member and associated states (Argentina, Brazil, Paraguay, Uruguay, Venezuela - currently suspended, Bolivia, Chile, Colombia, Ecuador, Peru) benefit from simplified immigration procedures under Mercosur agreements. They can often apply for temporary residency based on their nationality with less stringent requirements compared to non-Mercosur nationals, and this residency typically includes work authorization.

Other temporary residency categories might apply depending on specific circumstances, such as transferees within multinational companies, scientists, or specialized personnel, but the standard employee route falls under the general worker category.

Visa/Residency Type	Eligibility	Typical Duration	Work Authorization
Temporary Resident (Worker)	Employed by an Argentine entity	1-3 years	Yes
Mercosur Temporary Resident	Citizen of Mercosur/Associated State	2 years	Yes
Temporary Resident (Other)	Specific professional/scientific activities	Varies	Often Yes

Work Permit Application: Requirements and Procedures

The process for obtaining a work-related temporary residency permit in Argentina is primarily managed by the DNM. The application is typically initiated by the sponsoring employer in Argentina on behalf of the foreign national.

Key Requirements and Documentation:

• Sponsorship: A registered Argentine employer must sponsor the application. The employer needs to be registered with the DNM as a Sponsoring Entity (Empleador Requirente).
• Employment Contract: A valid employment contract signed by both the employer and the employee, compliant with Argentine labor law.
• Applicant's Documents:
  • Valid passport with sufficient validity.
  • Entry stamp or proof of legal entry into Argentina.
  • Background checks/police clearance certificates from the country of origin and any country of residence for the past 5 years (often required to be apostilled or legalized).
  • Birth certificate (often required to be apostilled or legalized).
  • Marriage certificate (if applicable, often required to be apostilled or legalized).
  • Proof of address in Argentina.
  • Proof of financial means (sometimes required, though the employment contract serves this purpose).
  • Professional qualifications or diplomas (if relevant to the job).
  • DNM application forms.
  • Fingerprints and photograph taken at the DNM.
• Employer's Documents:
  • Proof of employer's legal registration and good standing in Argentina.
  • Proof of employer's registration with DNM as a Sponsoring Entity.
  • Documentation related to the company's activity and tax status.

Procedure:

1. Employer Registration: The Argentine employer must be registered as a Sponsoring Entity with the DNM.
2. Document Gathering: The foreign national gathers required personal documents from their home country and any previous residences, ensuring they are properly legalized or apostilled and translated into Spanish by a certified translator in Argentina.
3. Application Submission: The employer, or a legal representative, submits the application and supporting documents to the DNM in Argentina. The foreign national must be in Argentina legally to complete parts of the process, such as fingerprinting and photo.
4. DNM Review: The DNM reviews the application and documents. They may request additional information.
5. Resolution: If approved, the DNM issues a temporary residency permit. This permit is typically stamped in the passport or issued as a separate document/card (DNI for foreigners).
6. DNI Application: Upon obtaining temporary residency approval, the foreign national must apply for a Documento Nacional de Identidad (DNI) for foreigners through the Registro Nacional de las Personas (RENAPER). The DNI serves as the primary identification document in Argentina.

Processing Times and Fees:

Processing times can vary significantly depending on the volume of applications and the specific DNM office. Generally, the process can take anywhere from 3 to 6 months or longer from the initial application submission to the final residency resolution. Expedited processing options may be available for additional fees in certain circumstances.

Fees involve several components:

• DNM application fees for temporary residency (variable).
• Fees for background checks and document legalization/apostille in the home country.
• Fees for certified translations in Argentina.
• Fees for the DNI application.
• Potential legal fees if using immigration lawyers or consultants.

Specific fee amounts are subject to change by the Argentine authorities.

Pathways to Permanent Residency

Foreign nationals who have held temporary residency in Argentina for a specified period may be eligible to apply for permanent residency. The most common pathway for workers is after holding temporary residency for two consecutive years.

Eligibility for Permanent Residency:

• Holding valid temporary residency for the required duration (typically 2 years for workers).
• Demonstrating continuous legal residence in Argentina during the temporary residency period.
• Having a clean criminal record in Argentina and potentially from previous countries of residence.
• Meeting other requirements as stipulated by the DNM at the time of application.

The application process for permanent residency also involves submitting forms, updated personal documents, proof of residency history, and undergoing background checks. The process and required documentation are similar in nature to the temporary residency application but focus on proving stable and continuous ties to Argentina.

Dependent Visa Options

Foreign nationals obtaining temporary residency in Argentina for work purposes can typically include their immediate family members in their application or sponsor them to join later. Immediate family members usually include:

• Spouse or registered partner.
• Unmarried children under a certain age (often 18 or 21, or older if dependent due to disability).

Application Process for Dependents:

Dependents can often apply concurrently with the main applicant or apply separately based on the main applicant's approved temporary residency status. The process involves:

• Submitting separate temporary residency applications for each dependent.
• Providing proof of the relationship (e.g., marriage certificate, birth certificates), properly legalized/apostilled and translated.
• Meeting standard requirements for temporary residency, including passport validity and background checks (for eligible ages).
• The main applicant's temporary residency serves as the basis for the dependent's application.

Dependents granted temporary residency based on their relationship to a worker are generally also authorized to reside in Argentina for the same duration as the main applicant. Work authorization for dependents may vary; spouses often receive work authorization, while children's residency is based on family unity.

Visa Compliance Obligations

Maintaining legal status in Argentina is a shared responsibility between the foreign national employee and the sponsoring employer. Non-compliance can result in penalties for both parties, including fines, deportation for the employee, and legal repercussions for the employer.

Employee Obligations:

• Maintain a valid passport.
• Ensure their temporary or permanent residency permit remains valid and apply for renewal before expiration.
• Notify the DNM of any changes in personal information (e.g., address, marital status).
• Comply with the terms and conditions of their residency permit (e.g., working only for the sponsoring employer unless otherwise authorized).
• Carry their DNI for foreigners as proof of identity and legal status.

Employer Obligations:

• Ensure that all foreign employees have the necessary and valid work authorization (temporary or permanent residency).
• Register with the DNM as a Sponsoring Entity.
• Comply with all Argentine labor laws regarding the employment of foreign nationals.
• Notify the DNM of any changes in the employee's status, such as termination of employment.
• Maintain records of foreign employees' immigration documents.
• Cooperate with DNM requests for information or inspections.

Contact Rivermate's visa services for immigration & visa support for your employees in Argentina.

Both parties must stay informed about current immigration regulations, as rules and procedures can be updated by the Argentine authorities. Engaging with immigration legal counsel or an Employer of Record service can help ensure ongoing compliance.