Argentina – COVID-19: Extension Again for Residency Deadlines
AR – COVID-19: Extension for Residency Deadlines
Argentina’s National Immigration Office has announced the automatic extension for another 30-day period certain residency-related deadlines. The new Provision will help foreign individuals who, due to COVID-19, had been unable to extend their transitory and temporary residencies personally, as the National Immigration Office remains has remained closed since 20 March 2020.
On December 18, Argentina’s National Immigration Office (Dirección Nacional de Migraciones) announced the automatic extension for another 30-day period certain residency-related deadlines previously announced in Provision N° 3611/2020 and 1714/2020 in light of the ongoing coronavirus health emergency. This new Provision N° 3837/2020 extends the expiry dates to 18 January 2021.1 (For prior coverage, see GMS Flash Alert 2020-464, 19 November 2020.)
WHY THIS MATTERS
The new Provision will help foreign individuals who, due to COVID-19, had been unable to extend their transitory and temporary residencies personally, as the National Immigration Office has remained closed since 20 March 2020.
This could bring relief and certainty to individuals whose residency situations were tenuous. It may also mitigate the impact in terms of how foreign individuals manage their personal situations linked to their stay in Argentina. This is playing out as the National Immigration Office in Buenos Aires is ever so gradually restarting certain operations and getting some new appointments scheduled.
The rapid worldwide spread of the coronavirus has underpinned the National Immigration Office’s decisions, as it adjusts its policies and processes taking 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.
Provision 3611/2020 (extending of the measures in Provision 3323/2020) contains the following measures:
a) 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 18 January 2021);
b) 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 January 2021);
c) 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 January 2021);
d) Suspending the deadlines for compliance with any notice or summons emanating from ongoing proceedings for thirty (30) days (until 18 January 2021).
The National Immigration Office closure will continue until Argentina’s 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 an online appointment, following which they can expect to be summoned in due course, to go to the Office to personally 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 development as and when they occur.
1 See “Provision 3837/2020” (Disposición 3837/2020) published (in Spanish) in the Boletín Oficial at: https://www.boletinoficial.gob.ar/detalleAviso/primera/238785/20201218.
* 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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