Argentina
Executive Summary
Argentine migratory regulations provide different alternatives to facilitate foreign nationals rendering services, either as employees of local Argentine entities or as employees of foreign companies transferred to Argentina. The regulations contemplate transitory, temporary and permanent residence permits. The foreign national’s place of birth, nationality and current country of residence will determine what procedure must be followed (in certain cases, more than one solution could be worth of consideration). Requirements and processing times vary by visa and residence classification.
Key Government Agencies
The “Dirección Nacional de Migraciones” (National Migration Bureau) is the governmental office in charge of issuing residence permits.
The “Ministerio de Relaciones Exteriores, Comercio Internacional y Culto” (Ministry of Foreign Relations) is responsible for issuing visas at the Argentine consular offices outside Argentina.
The “Registro Nacional de las Personas” (National Registry of Individuals) issues the national identification cards (“Documento Nacional de Identidad” or “DNI”).
The “Administración Federal de Ingresos Públicos - AFIP” (Federal Tax Authority) is involved in the process after the visa or residence is granted, to issue the “CUIL” or workers’ identification number, to allow the foreign national's employment by a local entity.
Inspections and admission of foreign nationals are conducted by the National Migration Bureau and the Federal Police at Argentine ports of entry. Investigations and enforcement actions involving employers
and foreign nationals are handled jointly by the National Migration Bureau and the Ministry of Labor. These agencies are all part of the National Executive Branch.
Introduction
According to Argentine Migratory regulations, any individual assigned to render services in Argentina must have the corresponding work authorization issued by the National Migration Bureau.
If a foreign individual who is a national of the MERCOSUR or its associated countries (Uruguay, Brazil, Paraguay, Chile, Colombia, Peru, Bolivia, Venezuela, and Ecuador) intends to work in Argentina, he/she must obtain his/her residence directly in the National Migration Bureau.
If a foreign individual who is not a national of the MERCOSUR or its associated countries intends to work in Argentina, he/she should obtain an Entry Permit and the corresponding Working Visa.
Foreign individuals who intend to work in Argentina for less than 30 days may obtain Transitory Work Permits.
Employment Assignments MERCOSUR Citizens
If a foreign individual who is a national of the MERCOSUR or its associated countries intends to work in Argentina, he/she must obtain his/her residence directly in the National Migration Bureau.
The formalities are conducted on a strictly individual basis and all the applicants shall appear personally at the National Migration Bureau.
A Provisional Residence Certificate will be delivered to the applicant and will authorize the applicant to leave and re-enter the country.
The Temporary Residence with a term of two years will be granted together with the DNI to the applicant about 90 days thereafter. After the expiration of such two-year term, the applicant may apply for the Permanent Residence.
This procedure also can be followed for nationals who are not of the MERCOSUR or its associated countries. In this case, the applicant will be granted the Temporary Residence and DNI with a term of one year, renewable upon expiration for an additional one year. In turn, upon expiration of this second year, it can be renewed for an
additional one year. Upon two renewals, the applicant may apply for the Permanent Residence.
Non-MERCOSUR Citizens
If a foreign individual who is not a national of the MERCOSUR or its associated countries intends to work in Argentina, he/she should obtain an “Entry Permit” and the corresponding Working Visa (“Visa”), provided always that the individual has been hired or employed by an Argentine company (“Calling Entity”) and the latter has been registered as such. We expand on these issues below.
Registration of the Calling Entity
Calling Entities must register themselves at the National Single Register for Foreigners (Registro Nacional Único de Requirentes de Extranjeros - “RENURE”).
The registration with RENURE is not required if the foreign national is a national of the countries that are members of the MERCOSUR or its associated countries.
The application must be made in writing and filed with RENURE. The registration must be made only once and every year should be updated with the presentation of the Balance Sheet corresponding to the last fiscal year duly certified by the Economics Professional Council (Consejo Profesional de Ciencias Económicas) and the minutes evidencing the last appointment of corporate officers. This registration
is free of charge. The Calling Entity will receive a registration number; all future admission applications must be filed with such number.
The Calling Entity that requests its registration in the RENURE must provide the following documentation: (i) registration with the Public Registry of Commerce; (ii) bylaws; (iii) minutes evidencing the last appointment of corporate officers; (iv) Balance Sheet corresponding to the last fiscal year, duly certified by the Economics Professional Council; (v) taxpayer’s identification number (Clave Única de Identificación Tributaria - CUIT); (vi) Income Tax registration; (vii) Value Added Tax registration; (viii) Gross Receipt Tax registration;
and (ix) registration as employer in the public social security system.
First Stage – Entry Permit
The Calling Entity must require the National Migration Bureau to grant the foreign individual an Entry Permit which will allow him/her to obtain the Visa at the Consulate of his/her place of residence or country of origin. The following documentation must be filed with the National Migration Bureau along with such application:
• Taxpayer’s Identification Number (Clave Única de Identificación Tributaria - CUIT) of the Calling Entity.
• Receipts of payment of the VAT, Gross Receipt, and Social Security contributions.
• Last income tax return.
• Full copy of the passport (blank pages to) of the foreign national and of the members of his/her family who are to require the Entry Permit.
• An original marriage certificate (if appropriate) per spouse.
• A certified copy of the birth certificates of the foreign national’s children who are to apply for the Entry Permit.
• The foreign national’s resume in Spanish.
• An employment contract, valid for at least one year, to be executed between the Calling Entity and the foreign national, in accordance with Argentine labor laws. The employment contract must specify that the labor relationship shall be conditioned to the granting of the Visa. The employment contract should be solely signed by a representative duly authorized of the Calling Entity (the foreign national should sign it after obtaining the Visa) and must be certified by a notary public and legalized by the Notaries’
Association.
• A letter of the Calling Entity stating the description of the activities, the tasks to be performed by the foreign national in Argentina. The letter should be signed by the legal representative of the Calling Entity and duly certified by a notary public.
• Power of attorney granted by the Calling Entity to obtain the Entry Permit from the National Migration Bureau.
• A number of personal data of the foreign national.
This first stage finishes once the Entry Permit has been issued in approximately 20 days.
From the time the Entry Permit request is presented at the National Migration Bureau to the time it is granted the foreign national can not be in the country.
Second Stage - Visa
This stage takes place at the Argentine Consulate with jurisdiction over the place of residence or nationality of the foreign national.
The foreign individual should require the granting of the Visa by filing the Entry Permit along with the following documents:
• Passports with a minimum validity of one year (and copies of all its pages) of the foreign national and of the members of his/her family who are to request a visa.
• Two original birth certificates of the foreign national and of the members of his/her family who are to request a visa.
• An original marriage certificate per spouse.
• The foreign national’s academic certificate, diploma or degree.
• A certificate of criminal records for individuals over 16 years old, issued by the countries in which the foreign national has resided over the last five years before arriving Argentina.
• A personal 3/4 right profile format photograph.
• Consulate fee.
Documents mentioned in 2, 3, 4, and 5 must be duly translated into Spanish and previously legalized by the Argentine Consulate with jurisdiction over the place of issuance or by means of the “Apostille”
(The Hague Convention of 1961, which overrules the mandatory legalization of public instruments).
Once all the documentation has been filed, the Consulate shall grant the Visa for a one year term, renewable upon expiration for an
additional one year. In turn, upon expiration of this second year, it can be renewed for an additional one year. Upon two renewals, the applicant may apply for the Permanent Residence.
Transfer Visas (“Visas de Traslado”)
Multinational companies seeking to temporarily transfer foreign employees to Argentina under an assignment or secondment
agreement must file a request for the so-called Transfer Visa or “Visa de Traslado.” This visa is initially valid for assignments of less or up to one year and can be renewed. This renewal requires registration of the foreign national with the Federal Tax Authority.
The requirements for this Transfer Visa are basically the same as the one set forth above for Non-MERCOSUR Citizens. The difference is that the foreign national will not be hired or employed by an
Argentine company; instead, he/she will maintain the employment relationship with the foreign entity and will be assigned to render services in Argentina under an assignment or secondment agreement.
The Calling Entity should request the corresponding Entry Permit and Visa with the National Migration Bureau. In this case, instead of an employment contract, the Calling Entity will have to file a letter stating the description of the activities and the tasks to be performed by the foreign national in Argentina.
National Identification Card (“Documento Nacional de Identidad” - DNI)
Once the Temporary Residence has been obtained with the Argentine Consulate abroad, the applicant and his/her family should obtain the DNI from the National Registry of Individuals (Registro Nacional de las Personas) in Argentina.
The DNI is the local identification document, which is necessary to obtain a definitive registration with the Federal Tax Authority, open bank accounts, register with health care providers, and obtain as a local driver’s license, among others. The DNI shall be granted to the applicant for the same term of the Visa and shall only be renewed once the Temporary Residence has been extended.
Training / Technician work / Short-term Assignments
A special transitory residence visa will enable foreign employees to receive training or develop technician work in Argentina for brief periods of time, upon tourist visa.
Such transitory residence is granted for the term of 30 days, renewable upon expiration.
Business Visa
By means of a Business Visa the foreign national is authorized to a limited number of commercial and/or professional activities in Argentina, including business meetings, visits to the Company or visits to clients for a short period of time (one week). A Business Visa does not allow the foreign national to work.
Foreign nationals from countries that need a Visa to enter the country should obtain the Business Visa in the Argentine Consulate, previous the granting of the Entry Permit in the National Migration Bureau in Buenos Aires.
Other Comments
There are additional visas less frequently used for global mobility assignments, including: student/study visas; retiree visas; pensioners;
sports; etc.
Australia
Executive Summary
The advent of globalization has led to a dramatic increase in the movement of skilled workers seeking employment opportunities in different countries, and Australia remains a popular destination.
Key Government Agencies
The Department of Immigration and Citizenship (“DIAC”) is the responsible government department that processes all visa applications. Depending on the type of visa applied for and the location of the applicant, applications may be lodged in or outside Australia. If lodged outside Australia, a DIAC officer within a local Australian mission (e.g., an Australian Embassy, Australian High Commission or Australian Consulate) will process the application.
In addition to visa processing duties, DIAC is responsible for monitoring the activities of businesses that sponsor foreign national staff for work visas. DIAC conducts audits regularly to ensure employers of foreign national staff are complying with their
immigration obligations. If non-compliance is established, DIAC has specific powers to sanction the employer (and the foreign employee, if applicable), which may result in serious ramifications for both
business operations and reputation of the employer.
Recent Changes
On 24 November 2012, the Australian government introduced a new visa which provides a pathway to permanent residence for high net work individuals. The ‘Significant Investor visa’ subclass 188 is available to applicants willing to make an investment of at least AUD5 million in Australian government nominated investments.
After maintaining the investment for at least four years the applicant is eligible to apply for permanent residence.
Current Trends
Over the last few years, the Australian government has placed increasing emphasis on employment visas and compliance to achieve a delicate balance between addressing the skill shortages in the Australian labor market and ensuring this increased employment activity does not result in a breach of immigration and employment laws. Employers of foreign national staff working without a valid visa or in breach of their visa conditions may be subjected to civil and criminal penalties, including imprisonment in serious circumstances.
In addition to protecting the rights of foreign national staff, the government is tightening the requirements of employment visas.
Australian employers must establish they are investing in training and career development opportunities for local staff. Another key trend is the requirement for visa applicants to meet English language
benchmarks. While many visa streams have flexible exceptions to this requirement, there is a movement by the government to improve the English language ability of all foreign nationals seeking to live and work in Australia.
Business Travel
Business Electronic Travel Authority
The Business Electronic Travel Authority (“Business ETA”) is an electronic visa designed to facilitate travel by foreign nationals of countries who, on the basis of statistical data, have shown to be genuine business visitors and are unlikely to overstay their visas.
Foreign nationals with passports from the following countries are eligible for a Business ETA:
Andorra Iceland Portugal
Austria Ireland Republic of San Marino
Belgium Italy Singapore
Brunei Japan South Korea
Canada Liechtenstein Spain
Denmark Luxembourg Sweden
Finland Malaysia Switzerland
France Malta Passports issued by the
authorities of Taiwan
Germany Monaco United Kingdom (including
BNO)
Greece Netherlands United States of America Hong Kong SAR Norway Vatican City
Primarily, the Business ETA is designed for business visitors who wish to undertake business-related activities such as attending conferences, seminars, business meetings or training sessions.
The Business ETA allows multiple trips to Australia and is normally valid for use for a period of 12 months. Visa holders may enter Australia and stay for a maximum of three months on each occasion (with no limit on the number of entries that may be made). While this visa does not generally allow employment, visa holders may engage in work in exceptional circumstances, that is, if the work is urgent, highly skilled or specialized in nature and for no more than six weeks.
Subclass 651 eVisitor Visa
The Subclass 651 eVisitor Visa (“651 visa”) is also an electronic visa with the same effect and operation as the Business ETA. The holder of this visa may enter Australia for a maximum of three months on each occasion during the 12 month life of the visa. This visa also allows for
business activities and employment in exceptional circumstances as outlined above.
This visa is available to the following list of, generally European, passport holders:
Andorra Iceland Romania
Austria Ireland Republic of San Marino
Belgium Italy Slovakia
Bulgaria Latvia Slovenia
Cyprus Liechtenstein Spain
Czech Republic Lithuania Sweden
Denmark Luxembourg Switzerland
Estonia Malta United Kingdom
Finland Monaco Vatican City
France Netherlands
Germany Norway
Greece Poland
Hungary Portugal
The main benefit of this visa over the Business ETA is that the foreign national may make an online application without requiring the
assistance of a travel agent or airline. There is also no application fee.
Subclass 456 Business Short Stay Visa
The subclass 456 Business Short Stay visa (“456 visa”) is similarly intended for persons seeking a short-term stay in Australia for business purposes but who are not eligible for a Business ETA or a 651 visa (e.g., nationals of India, the Republic of South Africa, and the People’s Republic of China). This visa may be granted for travel to Australia for multiple trips over an extended period (such as one or more years) with a maximum stay of three months on each arrival.
The 456 visa is similar to the Business ETA and the 651 visa in that the visa conditions do not permit employment except in exceptional circumstances.
Training
Subclass 402 Training and Research Visa
The subclass 402 Training and Research (“402”) is for foreign nationals seeking to enhance their skills or education by undertaking structured workplace based training in Australia. The visa is primarily targeted towards young professionals seeking to further their career and develop their skills in a practical environment.
However, it may also be utilized by overseas students who must undergo a period of workplace based training in order to satisfy specific course requirements. Visa applicants may include their spouse and dependent children.
The 402 visa requires the trainee to be nominated by an Australian business or government organization. The training provided must be a clearly structured program that is workplace based. It must also be designed to improve the trainee’s skills or area of expertise without adversely affecting the occupational training opportunities of Australian workers.
Employment Assignments
Subclass 457 Business Long Stay Visa (Temporary)
Australian and foreign businesses which meet certain requirements can be approved to sponsor foreign nationals for paid employment through the Subclass 457 Business Long Stay visa (“457 visa”). The 457 visa provides temporary residence in Australia to foreign nationals and their families for up to four years (with unlimited options to renew). The 457 visa is intended for skilled workers with the qualifications and/or experience required to accommodate Australia’s labor shortages.
Foreign businesses with or without an operating base or representation in Australia can sponsor foreign nationals to work in Australia for various purposes, including the establishment of business operations in Australia or the fulfillment of contractual obligations.
Australian businesses, whether incorporated or unincorporated, can also sponsor foreign nationals for a 457 visa. In respect of Australian business sponsors, DIAC is careful to assess whether the business provides training and professional development opportunities to Australian employees and whether the level of training expenditure meets the requisite benchmarks at the time of assessment.
The 457 visa also accommodates related corporate entities in
circumstances where it may be necessary for the foreign national to be sponsored by a business other than the direct employer or end user.
This is possible in cases where the employer is an associated entity of the sponsoring business (e.g., an Australian parent company sponsors a foreign national for a 457 visa to work as an employee of its smaller,
This is possible in cases where the employer is an associated entity of the sponsoring business (e.g., an Australian parent company sponsors a foreign national for a 457 visa to work as an employee of its smaller,