Mercosur: Agreements on residence

Laws No 25,902 and No 25,903, published in the Official Gazette on July 16, 2004, ratify the “Agreement Relating to Residence Permits for Nationals of States Parties to Mercosur, Bolivia and Chile” and the “Agreement Relating to Residence Permits for Nationals of States Parties to Mercosur”, respectively. The Presidents of the States Parties had signed these Agreements in Brasilia on December 6, 2002. The main purpose of the agreements is to strengthen the integration process and to solve the problem of illegal intra-regional immigration.

The beneficiaries of the agreements are the nationals of a State Party who wish to live in the territory of another State Party as well as nationals of a State Party who are already living in the territory of another State Party.

In order to request a temporary residence for a two year period, the beneficiaries must pay the corresponding fee and file a valid passport, identity card or certificate of nationality certifying his/her identity and nationality; birth certificate and proof of marital status; certificate of criminal record issued by the authorities of the foreigner's home or residence country; and an affidavit of lack of international criminal records.

The beneficiaries can transform the temporary residence into a permanent residence by filing, within 90 days of the expiration of the temporary permit: the proof of the temporary residence; a valid passport, identity card or certificate of nationality certifying his/her identity and nationality; certificate of criminal record issued by the authorities of the foreigner's residence country; and proof of financial income to support the beneficiary and his/her family.

The agreements grant immigrants the right to undertake any employment activity on the same terms and conditions as the nationals of the country in which they choose to reside. In addition, immigrants are guaranteed equal civil rights and the possibility to transfer their incomes and/or savings to their countries of origin. Furthermore, children of immigrants will be entitled to state funded education on the same terms as the country’s nationals.

The States Parties are also committed to analysing the possibility of signing reciprocity agreements related to social security.

The agreements are not yet in force because, according to article 14, all parties must ratify them.