Argentina – COVID-19: Government Again Extends Residency Deadlines

Argentina-Government Again Extends Residency Deadlines

The Argentine National Immigration Office has announced the automatic extension for another 30-day period of certain deadlines previously announced. This new Provision N° 3611/2020 extends the expiry dates to 18 December. The new Provision will help foreign individuals who, due to COVID-19, had not been able to extend their transitory and temporary residencies personally, as the National Immigration Office has remained closed since 20 March 2020.

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Flash Alert 2020-464

The Argentine National Immigration Office (Dirección Nacional de Migraciones) has announced the automatic extension for another 30-day period of certain deadlines previously announced in Provision N° 3323/2020 and 1714/2020.1  (For prior coverage, see GMS Flash Alert 2020-434, 21 October 2020.)  This new Provision N° 3611/2020 extends the expiry dates to 18 December.

WHY THIS MATTERS

The new Provision will help foreign individuals who, due to COVID-19, had not been able to extend their transitory and temporary residencies personally, as the National Immigration Office has remained closed since 20 March 2020.

This should bring relief and certainty and mitigate the impact concerning how foreign individuals manage their personal situations linked with their stay in Argentina.

It should be noted, the National Immigration Office in Buenos Aires is very gradually beginning the process of starting up appointments and addressing delays and backlogs due to COVID-19.

Context

The rapid worldwide spread of the coronavirus has underpinned the National Immigration Office’s decisions, as it adjusts its policies and processes to take on board developments in the country’s health emergency situation with the aim of helping bring some certainty to individuals who have needed to extend their stay in Argentina. 

New Provision

Provision 3611/2020 (extending the measures in Provision 3323/2020) contains the following measures:

  • Extending the validity of an individual’s residence status granted under Article 23 (temporary residence) and Article 24 (transitory residences) of Law 25.871 for thirty (30) days (until 18 December 2020);
  • Extending the validity of the Residence Precaria (Certificado de Residencia Precaria – a three-month interim residence certificate while an application for temporary or permanent residence is being processed) granted in the framework of Article 20 (residence applications) (until 18 December 2020);
  • 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 18 December 2020);
  • Suspending the deadlines for compliance with any notices or summons emanating from ongoing proceedings for thirty (30) days (until 18 December 2020).

KPMG NOTE

The National Immigration Office closure will continue until the government determines that is safe to re-open.  However, individuals who need to extend their temporary residencies or apply for a change of status (permanent residence), may book for an online appointment.  When an opening is available, they will be contacted with an offer to come in personally to complete the necessary procedure.

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 developments as and when they occur. 

FOOTNOTE

1  See the “Provision 3611/2020” (Disposición 3611/2020) published (in Spanish) in the Boletín Oficial.

Please note the KPMG International member firm in the United States does not provide immigration 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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