Tag Archives: Immigration

Immigration to Argentina

Immigration lawyer Buenos Aires Argentina attorney law firm

Support and control of immigration

Since its unification as a country, Argentine rulers intended the country to welcome immigration. Article 25 of the 1853 Constitution reads: The Federal Government will encourage European immigration, and it will not restrict, limit or burden with any taxes the entrance into Argentine territory of foreigners who come with the goal of working the land, improving the industries and teach the sciences and the arts. The Preamble of the Constitution, more generously, dictates a number of goals (justice, peace, defense, welfare and liberty) that apply “to all men in the world who wish to dwell on Argentine soil”. The Constitution incorporates, along with other influences, the thought of Juan Bautista Alberdi, who expressed his opinion on the matter in succinct terms: “to rule is to populate”. The legal and organizational precedents of today’s National Migrations Office (Dirección Nacional de Migraciones) can be found in 1825, when Rivadavia created an Immigration Commission. After the Commission was dissolved, the government of Rosas continued to allow immigration. Urquiza, under whose sponsorship the Constitution was drawn, encouraged the establishment of agricultural colonies in the Littoral (western Mesopotamia and north-eastern Pampas). The first law dealing with immigration policies was Law 817 of Immigration and Colonization, of 1876. The General Immigration Office was created in 1898, together with the Hotel de Inmigrantes (Immigrants’ Hotel), in Buenos Aires. The liberal rulers of the late 19th century saw immigration as the possibility of bringing people from supposedly more civilized, enlightened countries into a sparsely populated land, thus diminishing the influence of aboriginal elements and turning Argentina into a modern society with a dynamic economy. However, immigrants did not bring only their knowledge and skills. In 1902, a Law of Residence (Ley de Residencia) was passed, mandating the expulsion of foreigners who “compromise national security or disturb public order”, and, in 1910, a Law of Social Defense (Ley de Defensa Social) explicitly named ideologies deemed to have such effects. These laws were a reaction by the ruling elite against imported ideas such as labor unionism, anarchism and other forms of popular organization. The modern National Migrations Office was created by decree on February 4, 1949 under the Technical Secretariat of the Presidency, in order to deal with the new post-war immigration scenario. New regulations were added to the Office by Law 22439 of 1981 and a decree of 1994, but the current regulations are the Law 25871 of 2004 and the decree 616 of 2010.

Features of immigration

The majority of immigrants, since the 19th century, came from Europe, mostly from Italy and Spain. Also notable were Jewish immigrants escaping persecution, making in Argentina the highest Jewish population in Latin America, and the 7th in all the world. The total population of Argentina rose from 4 million in 1895 to 7.9 million in 1914, and to 15.8 million in 1947; during this time the country was settled by 1.5 million Spaniards and 1.4 million Italians,[citation needed] as well as Poles, Russians, French (more than 100,000 each), Germans and Austrians (also more than 100,000), Portuguese, Greek, Ukrainians, Croats, Czechs, Irish, British, Dutch, Scandinavians, and people from other European and Middle Eastern countries, prominently Syria and Lebanon. Argentine immigration records also mention immigrants from Australia, South Africa and the United States.[citation needed] All these immigratory torrents made Argentina the second country with the most immigrants, with 6.6 millions, second only to the USA with 27 millions, and ahead of countries such as Canada, Brazil, Australia, etc.[1][2] Most immigrants arrived through the port of Buenos Aires and stayed in the capital or within Buenos Aires Province, as it still happens today. In 1895, immigrants accounted for 52% of the population in the Capital, and 31% in the province of Buenos Aires (some provinces of the littoral, such as Santa Fe, had about 40%, and the Patagonian provinces about 50%). In 1914, before World War I caused many European immigrants to return to their homeland in order to join the respective armies, the overall rate of foreign-born population reached its peak, almost 30%. A significant number of immigrants settled in the countryside in the interior of the country, especially the littoral provinces, creating agricultural colonies. These included many Jews, fleeing pogroms in Europe and sponsored by Maurice de Hirsch’s Jewish Colonization Association; they were later termed “Jewish gauchos”. The first such Jewish colony was Moïseville (now the village of Moisés Ville). Through most of the 20th century, Argentina held one of the largest Jewish communities (near 500,000) after the USA, France, Israel and Russia, and by far the largest in Latin America (see History of the Jews in Argentina). Argentina is home to a large community from the Arab world, made up mostly of immigrants from Syria, Lebanon and Israel. Most are Christians of the Eastern Orthodox and Eastern Catholic (Maronite) Churches, with small Muslim and Jewish minorities. Many have gained prominent status in national business and politics, including former president Carlos Menem, the son of Syrian settlers from the province of La Rioja. (see Arab Argentine). The Welsh settlement of Argentina, whilst not as large as those from other countries, was nevertheless one of the largest in the planet and had an important cultural influence on the Patagonian Chubut Province. Other nationalities have also settled in particular areas of the country, such as Irish in Formosa and the Mesopotamia region, the Ukrainians in Misiones where they constitute approximately 9% of the population.[5] Well-known and culturally strong are the German-speaking communities such as those of German-descendants themselves (both those from Germany itself, and those ethnic Germans from other parts of Europe, such as Volga Germans), Austrian, and Swiss ones. Strong German-descendant populations can be found in the Mesopotamia region (especially Entre Ríos and Misiones provinces), many neighborhoods in Buenos Aires city (such as Belgrano or Palermo), the Buenos Aires Province itself (strong German settlement in Coronel Suárez, Tornquist and other areas), Córdoba (the Oktoberfest celebration in Villa General Belgrano is specially famous) and all along the Patagonian region, including important cities such as San Carlos de Bariloche (an important tourist spot near the Andes mountain chain, which was especially influenced by German settlements). Other nationalities, such as Spaniards, although they have specific localities (such as the centre of Buenos Aires), they are more uniformly present all around the country and form the general background of Argentine population today.

Legacy of immigration

Argentine popular culture, especially in the Río de la Plata basin, was heavily marked by Italian and Spanish immigration. Post-independence politicians tried to steer Argentina consistently away from identification with monarchical Spain, perceived as backward and ultraconservative, towards relatively progressive national models like those of France or the United States. Millions of poor peasants from Galicia arriving in Argentina not only did little to alter this position but also immigrated to Argentina because of it, steering clear of the United States and Britain. Italian influence is more visible. Lunfardo, the jargon enshrined in tango lyrics, is laden with Italianisms, often also found in the mainstream colloquial dialect (Rioplatense Spanish). Common dishes in the central area of the country (milanesa, fainá, polenta, pascualina) have Italian names and origins. Immigrant communities have given Buenos Aires some of its most famous landmarks, such as the Monumento de los Españoles (Monument of the Spaniards). Ukrainians, Armenians, Swiss and many others built monuments and churches at popular spots throughout the capital. Argentina celebrates Immigrant’s Day on September 4 since 1949, by a decree of the Executive Branch. The National Immigrant’s Festival is celebrated in Oberá, Misiones, during the first fortnight of September, since 1980. There are other celebrations of ethnic diversity throughout the country, such as the National Meeting and Festival of the Communities in Rosario (typically at the beginning of November). Many cities and towns in Argentina also feature monuments and memorials dedicated to immigration. There are also Immigrant’s Festivals (or Collectivities Festivals) throughout the country, for example: Bariloche, Berisso, Esperanza, Venado Tuerto, and Comodoro Rivadavia have their own Immigrant’s festivals. These festivals tend to be local, and they are not advertised or promoted nationally like the festivals in Rosario and Oberá.

Immigration in the recent times

Besides substantial immigration from neighboring countries, during the middle and late 1990s Argentina received significant numbers of people from Asian countries such as Korea (both North and South), China and Vietnam, which joined the previously existing Sino-Japanese communities in Buenos Aires. Despite the economic and financial crisis Argentina suffered at the start of the 21st century, people from all over the world continued arriving to the country, because of their immigration-friendly policy and other reasons. According to official data, between 1992 and 2003 an average 13,187 people per year immigrated legally in Argentina. The government calculates that 504,000 people entered the country during the same period, giving about 345,000 undocumented immigrants. The same source gives a plausible total figure of 750,000 undocumented immigrants currently residing in Argentina. In April 2006, the national government started the Patria Grande plan to regularize the migratory situation of undocumented immigrants. The plan attempts to ease the bureaucratic process of getting documentation and residence papers, and is aimed at citizens of Mercosur countries and its associated states (Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela). The plan came after a scandal and a wave of indignation caused by fire in a Buenos Aires sweatshop, which revealed the widespread utilization of undocumented Bolivian immigrants as cheap labor force in inhumane conditions, under a regime of virtual debt slavery.

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

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Immigration Law Argentina

Immigration Law Argentina: Argentina at the forefront of immigration policy

The country’s immigration law is serving as a model for the region

BUENOS AIRES, Argentina – Argentina is at the forefront of immigration policy in South America. Immigration Law Argentina

Through Law 25,871, which was issued in 2003 and considers migration a human right, the country has been promoting immigrant participation in society and fostering regional inclusion.

“It’s not the people who should be at the service of the state. It’s the state that should be at the service of the people,” said Martín A. Arias Duval, the director of the National Department of Immigration (DNM). “Therefore, all public policies are beginning to shift toward the recognition of rights.”

Two key initiatives are the Patria Grande program, which regularized the legal status of more than 200,000 foreigners between 2006 and 2010 and the creation of the DNM, which is focused on serving immigrants.

The law recognizes migration as an “essential and inalienable” right. It also provides for “equal access for immigrants and their families to the same protections, support and rights of citizens, particularly with regard to social services, public goods, education, health, justice, labor, employment and social security.”

Argentine legislation, which provides immigrants with the right to vote in municipal elections, has served as an inspiration for neighboring countries such as Brazil, which is considering a new immigration law.

“The Argentine law provides guidelines that promote not only the human rights of immigrants but also the integration between countries of the region,” said Paulo Illes, director of the Center for the Human Rights and Citizenship of Immigrants (CDHIC), which is headquartered in São Paulo. “It’s not just a law, it’s an immigration policy.”

The Argentine law is very different from the law currently on the books in Brazil, which is the Alien Statute of 1980, according to Illes.“That statute is guided by what the immigrants cannot do, such as join unions,” he added. “The Argentine immigration law is affirmative, as it’s based on the principle of promotion.”A focus on integrationThe current Argentine immigration law substituted the Videla Law, which was passed in 1981 and addressed the immigration issue from a perspective of national sovereignty and security.“At that time, even though the region’s governments collaborated with each other, there was a lot of mistrust. In fact, Argentina was about to go to war with Chile in 1978,” Duval said. “Now, we no longer analyze migratory patterns from a national security standpoint but rather in terms of integrating the immigrants into the society that is receiving them.”Communities form bonds

There are a total of 1,805,957 foreigners living in Argentina – accounting for 4.5% of the overall population – according to the most recent National Census, which was conducted in 2010.

The Paraguayan community is the fastest-growing immigrant population. Between 2001 and 2010, it experienced a 69% increase, reaching 550,713, according to the International Organization for Migration (IOM).

“The Paraguayan community has some of the deepest roots in Argentina,” said Ezequiel Texidó, the IOM’s regional representative in Buenos Aires. “We see a lot of mixed marriages between Paraguayans and Argentines.

There are also a significant number of immigrants from Bolivia (345,272), Chile (191,147), Peru (157,514), Uruguay (116,592) and Brazil (41,330).

However, due to the economic crisis, the number of foreigners has remained stable. There was only a 0.3% increase between 2001 and 2010, according to the IOM.

An example for the region

In 2002, Argentina, Brazil, Paraguay, Uruguay, Bolivia and Chile signed the Residency Agreement, which came into effect in 2009.

The agreement recognizes the right of the citizens of signatory countries to establish residency freely in the territory of other signatory countries.

The agreement was an important step toward free movement within the bloc, said Helion Povoa Neto, coordinator of the Interdisciplinary Center for Migration Studies (NIEM), at the Federal University of Rio de Janeiro.

“These citizens receive temporary residency, which after two years can be converted into permanent residency, provided they can show ties with the country [of destination],” he said.

There was a delay in implementing the agreement because Paraguay only ratified it in 2009. Prior to that, Argentina had implemented the agreement unilaterally.

“We encourage neighboring countries to adapt their regulations to recognize Argentine immigrants and to reciprocally offer them the same rights we grant their citizens,” Duval said.

Argentina signed a bilateral agreement with Brazil, whereby any Argentine citizen can directly receive permanent residency, bypassing the period of temporary residency, and vice versa.

“We also signed an agreement with Brazil regarding the connected regions along our borders,” Duval added. “It allows an Argentine to hold residency in Argentina and work in Brazil, and vice versa, without the need to establish residency in the other country.”

These agreements strengthen the union between the two countries, Duval added.

“Easy access to legal residency even helps in the fight against human trafficking,” he said.

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

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TRAVELLING TO ARGENTINA – Visas & Residencies

Attorney Argentina Visa Citizenship Argentina Residency FAQ Citizen – Attorney Argentina Visa Citizenship Argentina Residency FAQ Citizen Lawyer Law Firm

General information for travellers passing through or crossing our border.

Do I need a visa?

This section explains who needs to apply for permission before travelling to Argentina.

Travelling with children / Entry requirements for minors (under 18 years old)

Single parents or other adults travelling alone with children should be aware that the Argentine Law requires documentary evidence that both parents have given permission for the journey before allowing lone parents to enter and/or leave the country.

Return ticket

A return ticket is a standard requirement for tourists.

Transit passengers

Passengers waiting for international connection flights and not staying for more than six hours within the airport are not required to go through immigration control or apply for visas.

Passport validity

The minimum validity required for passports to enter Argentina is equivalent to the time granted by immigration authorities on arrival (according to visa, purpose of the trip, etc.). E.g. if you are staying for only two weeks, the passport should be valid for at least two weeks.

Provided your passport has enough validity, if you are travelling as a tourist and and are exempt from a visa, you will be normally granted a 90-day stay, which is also the maximum length of stay that can be given. An extension can be applied for at Dirección Nacional de Migraciones, only once and for the same time. Therefore, if you are not sure how for long you are going to stay, we recommend that your passport be valid for six months when you enter the country.

Length of stay allowed

The number of days that travellers, who obtained a multiple entry visa, are allowed to stay in Argentina start counting from the date of arrival and continue to do so even if the person leaves the country, regardless the type of visa or trip, including tourism, business or work visas. For example, if a visitor is permitted to remain 90 days on a multiple entry visa and leaves Argentina after 10 days, he will be left 80 days. If he comes back 10 days later, he will be able to stay only for further 70 days.

Before the expiry date he may apply for an extension at Dirección Nacional de Migraciones, only once and for no longer than the same length of stay granted in the visa, also on a multiple entry basis. Thus, the new expiry date will be usually 90 days after the expiry date of the visa. Even if the person travels outside of Argentina, the expiry date of the extension remains the same, just as it happens with the original visa.

Length of stay allowed for travellers exempt from visas

On arrival, nationals exempt from visas are normally allowed to stay 90 days on a multiple entry basis. Before the expiry date they may apply for an extension at Dirección Nacional de Migraciones, only once and for no longer than the same length of stay granted in the visa. Thus, the new expiry date will be normally 90 days after the expiry date of the visa. If the person travels outside of Argentina at any time (under the orignal period granted on arrival or under the extension), when re-entering the country he/she will be usually given another 90 days, which can be subsequently extended. The number of times the traveller can re-enter the country in this way can not be determined beforehand and it is subject to Dirección Nacional de Migraciones being satisfied that the person is not covering an immigration purpose.

Permanent residents who have been living outside of Argentina

If you stay outside of Argentina for longer than 2 years, your permanent residence may be subject to cancellation. In order to avoid this, before reaching 2 years abroad, you should contact the Consulate General and express your wish to stay longer outside of the country. We will issue a certificate that you should take with you the next time you travel to Argentina. You may request this certificate only twice (two periods of two years).

Customs

This section explains the restrictions on what you can bring into Argentina, and how to go throughcustoms controls, how to recover your taxes, Postal and Courier Service System, etc.

Vaccinations

No vaccinations or health certificates are required to enter Argentina.

Our Law firm is a superior choice in the field of immigration and nationality law for individuals and companies. We handle residencies and citizenship applications, filings of ID cards (DNI), renewals, extensions, changes of status, deportation procedures and all type of visas/residencies (employment, income based, family based, etc.).

To contact us, please fill out the Contact Form on the right today or give us a call at:

USA: +(1) 212.300.6377

ARG: +(54) 115.218.3100

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

www.kierjoffe.com