Argentina – COVID-19: Government Again Extends Residency Deadlines

AR – Government Again Extends Residency Deadline

Argentina’s National Immigration Office has announced the automatic extension for another 30-day period certain residency-related deadlines to 18 February. 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.

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Argentina’s National Immigration Office (Dirección Nacional de Migraciones) announced on 19 January the automatic extension for another 30-day period certain deadlines previously announced in Provision N° 3837/2020 and Provision N° 1714/2020.  New Provision N° 99/2021 extends the expiry dates to 18 February 2021.1

WHY THIS MATTERS

The new Provision should 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 help foreign individuals to manage their personal situations linked to their ability to legally stay in Argentina. 

This is happening as the National Immigration Office in Buenos Aires has recently been restarting certain operations and getting some new appointments scheduled.

Context

The National Immigration Office’s decisions and approach to what activities it undertakes have been underpinned by the evolving coronavirus situation, as the agency adjusts its policies and processes to help 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:

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 February 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 February 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 February 2021);

d.  Suspending the deadlines for compliance with any notice or summons emanating from ongoing proceedings for thirty (30) days (until 18 February 2021).

KPMG NOTE

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 on-line appointment following which they can expect to be summoned in due course, to go to the Office to personally complete the necessary procedure.

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  See Provision 99/2021(Disposición 99/2021) published (in Spanish) in the Boletín Oficial at: https://www.boletinoficial.gob.ar/detalleAviso/primera/239916/20210119.

* 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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