Approval of the creation of the Mercosur Visa

In December 2003, the Common Market Council, acting upon the powers conferred to it by the Montevideo Protocol over Trade in Services, passed Decision No 16/03 approving the Agreement for the Creation of the Mercosur Visa that intends to make it easier for individuals who provide services within the Mercosur to travel temporarily.

The Agreement is set out to create a harmonized and uniform proceeding for migration procedures and is applicable to managers and executive officers, administrators, board directors, empowered managers or representatives, scientists, professors, investigators, artists, sportsmen and women, journalists, highly qualified technicians or specialists, and high level professionals. In addition, it simplifies consular procedures by eliminating the requirement of proof of economic necessity and the requirement of proportionality in matters of nationality and salary parity.

The Mercosur Visa will apply to persons who provide services as described in the previous paragraph. Mercosur Visa beneficiaries should also hold nationality from a Mercosur member country and should require an entry with the purpose of providing temporary services in the territory of another Mercosur member country under a contract to perform remunerated activities.

The Mercosur Visa has a duration of two years that may be extended once for the same period, to a maximum of four years. The term of duration will be counted as from the date of arrival on the member country that receives the Visa.

In order to grant the Visa, the competent authority of each member country will require the following documentation from the beneficiaries:

i. valid passport;

ii. legalized birth certificate;

iii. contract that states information about the company hiring the services; duties undertaken by the service provider, type, duration and features of the service that will be carried out;

iv. legalized certificate of criminal records from the country of origin;

v. legalized medical certificate from the country of origin;

vi. curriculum vitae;

vii. when required, payment of a service tax.

The granting of a Visa does not exempt beneficiaries from the fulfillment of other migration laws and regulations that may be in force in other member countries and refer to entry, permanence and departure of persons in each of the member countries. Nor does it exempt beneficiaries from the supervision exercised over regulated activities and professions. Such regulations shall be fulfilled while practicing those activities and professions. The Visa beneficiary must fulfill regulations and laws concerning social security and tax as well as any other labor law or regulation in force in each member country.

A Visa holder may not practice, under penalty of Visa cancellation and deportation, any activity other than that for which he or she has been authorized. The Visa will be cancelled if the beneficiaries incur in any of the circumstances that may cause disqualification according to legislation of member countries.

The Agreement will come into force thirty days after Argentina, Brazil, Paraguay and Uruguay perform the deposit of the ratification instruments. However, before the expiration of this term, those member countries that have ratified the agreement may begin with its application.

The Republic of Paraguay, as depositary of the ratification instruments, shall send authenticated copies to the rest of the member countries. Paraguay shall also give notice of the date when the agreements will be entering into force and the date of the ratification instruments deposit.