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Argentina – COVID-19: Another Extension for Residency Deadlines

Argentina – Another Extension for Residency Deadlines

A new Argentine “Provision” extends the validity of an individual’s residence status granted under Article 23 (temporary residence) and Article 24 (transitory residence) of Law 25.871 for thirty (30) days (until 17 September 2020) and it extends the validity of the Certificado de Residencia Precaria.

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The Argentine National Immigration Office (Dirección Nacional de Migraciones) announced on 20 August that it was again extending for 30 days certain deadlines previously announced in Provisions N° 2631/2020 and 1714/2020, involving the automatic extension of transitory and temporary residencies in Argentina.1 The newest Provision N° 2916/2020 extends the expiry dates to 17 September. There were also deadlines set for companies renewing their registration with the National Immigration Office. (For prior coverage, see GMS Flash Alert 2020-323, 21 July 2020).

WHY THIS MATTERS

The newest provision should help foreign individuals who, due to the COVID-19 crisis, have had to extend their transitory or temporary residency. This may bring relief for individuals whose residence status in Argentina, will soon expire and who cannot personally go to the National Immigration Office, which remains closed (it has been closed since 20 March 2020).

This will have considerable impact on how foreign individuals manage their personal situations concerning their right to stay in Argentina and the significantly different procedures around proper documentation.

Context

The rapid worldwide spread of the coronavirus has underpinned the National Immigration office’s decisions, as it adjusts its policies and processes in light of the health emergency to help bring some certainty to individuals who have needed to extend their stay in Argentina. 

New Provision

Provision 2916/2020 (extending of the measures in Provision 1714/2020) contains the following measures:

1.      Extending the validity of the individual’s residence status granted under Article 23 (temporary residence) and Article 24 (transitory residences) of Law 25.871 for thirty (30) days (until 17 September 2020);

2.      Extending the validity of the “Residence Precaria” (Certificado de Residencia Precaria – a 3-month interim residence certificate while one’s application for temporary or permanent residence is being processed) granted in the framework of Article 20 (residence applications) (until 17 September 2020);

3.      Extending the validity of the registration of the local company at the National Immigration office for thirty (30) days as of the expiry date (until 17 September 2020);

4.      Suspending the deadlines for compliance with any notice or summons emanating from ongoing proceedings for thirty (30) days (until 17 September 2020).

KPMG NOTE

The National Immigration Office has been closed since 20 March and the closure period will continue until Argentina’s government determines that it is safe to re-open.

Any individuals impacted by the new rules may wish to consult with their global mobility advisers and immigration legal counsel as soon as possible for advice on next steps.

The KPMG International member firm in Argentina is tracking these matters closely. We will endeavor to keep readers of GMS Flash Alert posted on any important development as and when they occur. 

FOOTNOTE

1  For Provision No 2916/2020 (Disposición 2916/2020) published in the Boletín Oficial (in Spanish) see: https://www.boletinoficial.gob.ar/detalleAviso/primera/233870/20200820.  For Provision N° 2631/2020 (Disposición 2631/2020) published in the Boletín Oficial (in Spanish) see: https://www.boletinoficial.gob.ar/detalleAviso/primera/232241/20200718. For Provision N° 1714/2020 (Disposición 1714/2020) published in Boletin Oficial (in Spanish) see: http://s3.arsat.com.ar/cdn-bo-001/Suple-18-03-2020.pdf .

* Please note that KPMG LLP (U.S.) does not offer immigration services or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

 

The information contained in this newsletter was submitted by the KPMG International member firm in Argentina.

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