WORK PERMIT IN ARGENTINA

In general, a foreign applicant (the "employee") assigned to work in another country must evidence a degree of proprietary knowledge, specialized skills, or managerial/ executive-level skills that are not readily available in the destination country's domestic labour market.

The following is a general summary of the types of employment visa categories that are common to corporate, international transfers into Argentina.

"Regularization" of immigration status from Visitor status to Work Status

A foreign national employee from a bordering country can convert his or her immigration status from a Visitor status to Work status while remaining in Argentina; however, this process may take upwards of six months to conclude.

During the "regularization" period, nationals from a bordering country can apply for a special certificate, called a "Certificate of Precarious Residence" which will allow these nationals to reside, work, study, and re-enter Argentina while the long-term work and residence permits are awaiting approval. These are specialized applications that will require the review of this firm's Argentine immigration advisor.

For those nationals coming from non-bordering countries, these nationals CANNOT regularize status in Argentina from a Visitor to a Work status. While the application to obtain work status can be made directly with the DNM, non-bordering foreign nationals are not allowed to work in Argentina. Non-border nationals can physically remain in Argentina as a visitor while the work permit application is pending approval; however, once the work permit application is approved, the employee and family members must return to their country of legal residence to apply for the work and residence visa.

Types of Work Visas

The major types of Argentine employment visa categories are as follows:

A) Article 29 (e) Visa – Valid for providing short-term, temporary work duties (or technical duties) while in Argentina. This visa is valid for an initial period of 15 days and can be issued by either an Argentine consular post or by Migrations in Argentina. This visa can be renewed for an additional 15 days with the migration authorities in Argentina. This visa requires prior approval of the migrations authorities and is generally required for visa nationals of non-bordering countries if in Argentina for short visits while the migrations authorities process a long-term work permit application.

B) Article 23 (A) Visa ("Labour Contract - Temporary Residence" Visa) – This visa is designed for those employees who are contracted by corporations settled in Argentina for at least a 6 – 12 month period AND will be assigned to the Argentine payroll as a "localized" employee. If the employee is to be paid from the Argentine payroll. A formal Labour Contract must be executed between the employee and the Argentine sponsor. This visa requires prior approval from the migrations authorities prior to applying for this visa at an Argentine consular post.

C) Article 23 (E) Visa ("Secondment -Temporary Residence" Visa) under Provision 18/94 – This visa is designed for those employees who are transferred to Argentina by a subsidiary corporation or from the same corporation group, for at least a 6 – 12 month period. This is the typical type of transfer for most assignments to Argentina. This visa does not require a Labour Contract but prior approval from the migrations authorities prior to applying for this visa at an Argentine consular post.

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