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Argentina: Procedures to be followed for a permanent resident of Argentina wishing to return after having been continuously outside Argentina for more than two years; whether permission to return in such cases is a mere formality; whether having a spouse who continued to reside permanently in Argentina would have a bearing on the status of the person

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 17 January 2003
Citation / Document Symbol ARG40386.E
Reference 2
Cite as Canada: Immigration and Refugee Board of Canada, Argentina: Procedures to be followed for a permanent resident of Argentina wishing to return after having been continuously outside Argentina for more than two years; whether permission to return in such cases is a mere formality; whether having a spouse who continued to reside permanently in Argentina would have a bearing on the status of the person, 17 January 2003, ARG40386.E, available at: http://www.refworld.org/docid/3f7d4d531c.html [accessed 20 January 2018]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Further to ARG29126.E of 8 April 1998, the National Directorate of Migration (Dirección Nacional de Migraciones, DNM) of Argentina indicates that the 1981 Law on Migration (Law 22439/81) and 1994 Decree No. 1023/94 (quoted in ARG29126.E and included in earlier Responses) are the current laws governing migration and the status of foreigners in Argentina (Argentina 13 Jan. 2003a).

During a 13 January 2003 telephone interview, staff at the embassy of Argentina in Ottawa indicated that there is no single answer which would necessarily apply to all cases that could be described as "permanent resident who has been continuously outside the country for two years"; specific circumstances, such as having continuously resided abroad to work for an Argentine company or having been expelled from Argentina for criminal activities, could affect the situation of the person in question (ibid. 13 Jan. 2003b).

Further to the above, staff at the embassy of Argentina in Ottawa consulted with the DNM in Buenos Aires, and confirmed that the cancellation of permanent resident status is something that would have to be done by the DNM (ibid. 15 Jan. 2003). The source added that up to 15 January 2003, the DNM has not seen a case in which permanent resident status has been cancelled (ibid.).

The Research Directorate cannot provide a legal analysis of the various pieces of legislation and regulations that could apply in various possible scenarios. However, please note that no reference to automatic loss of permanent resident status due exclusively to more than two years of continuous residence abroad could be found in the above-mentioned legislation.

Article 16, section 2.b, of Law 22439/81 indicates that migration authorities may decide to cancel the permanent resident status of a foreigner when he or she has been outside the country for a period of more than two years, unless he or she has explained before migration or consular authorities the need to remain outside Argentina for periods of more than two years and received authoritization to that effect (Argentina 23 Mar. 1981). Absence from Argentine territory does not imply loss of permanent residence if it was a result of work for the state of Argentina (si obedece al ejercicio de una función pública argentina), studies abroad, or activities or research that could provide a later benefit or be of interest to the country (ibid.). Article 17 indicates that a foreigner who has had his or her permanent resident status cancelled must leave the country within the deadline provided by the migration authorities for that purpose (ibid.).

A spouse of a permanent resident is mentioned in the regulations as being entitled to request and be granted an entry permit and permanent residence in Argentina (ibid. 16 Feb. 2000a). The procedure for obtaining permission to enter Argentina and reside permanently requires the presentation of identity documents, medical and police certificates, and proof of the family tie with a permanent resident (ibid. 16 Feb. 2000b). Migration authorities may grant permanent residence to the spouse of a permanent resident as long as neither falls under one of the exclusion provisions prescribed in articles 21 and 22 of the regulations enacted under Decree 1023/94 (ibid.).

Articles 21 and 22 of the Migration Regulations (Reglamento de Migración) attached to Decree 1023/94 include, among others, involvement in criminal activities, presenting a public health risk, being incapable of earning a living or lacking adequate shelter (ibid. 29 June 1994). Article 59 of the Regulations indicates that permanent residents are free to leave and enter Argentine territory by merely showing proof of their identity and resident status (ibid.). Article 59 adds that those permanent residents who re-enter Argentina under a different migratory category can request reinstatement of their original status before the DNM, as long as the Regulations' reasons for cancelling such status were not applicable to that person's case (ibid.).

Articles 83 through 90 of the Regulations refer to expulsion of foreigners (ibid.). Article 91 indicates that an expulsion order against a permanent resident cancels that residence status, while articles 92 and 93 indicate that a prohibition of re-entry for an expelled foreigner stands, as long as the authority that issued the expulsion order does not annul said order (ibid.).

Please note that the above does not constitute an authoritative interpretation of Argentine legislation nor is it an exhaustive analysis with regards to the status of permanent residents and former permanent residents, and is provided only as a reference to existing norms and some of the provisions that could potentially refer to the question of a permanent resident's return to Argentina after more than two years of continuous residence abroad.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Argentina. 15 January 2003. Embassy of Argentina, Ottawa. Telephone interview with staff.

_____. 13 January 2003a. Dirección Nacional de Migraciones (DNM). "Indice del Marco Regulatorio." [Accessed 13 Jan. 2003]

_____. 13 January 2003b. Embassy of Argentina, Ottawa. Telephone interview with staff.

_____. 16 February 2000a. Dirección Nacional de Migraciones (DNM). "Criterios de Admision." [Accessed 13 Jan. 2003]

_____. 16 February 2000b. Dirección Nacional de Migraciones (DNM). "Requisitos de Admisión: Padres, cónyuges, hijos solteros menores de veintiún (21) años e hijos discapacitados de Residentes Permanentes o Temporarios o de los Solicitantes de Residencia." [Accessed 13 Jan. 2003]

_____. 29 June 1994. Anexo I al Decreto 1023/94 "Reglamento de Migración." [Accessed 13 Jan. 2003]

_____. 23 March 1981. Ley general de migraciones y de fomento de la inmigracion – Ley 22439/81.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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