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May 12, 2022 | ArgentinaArgentina: Short-Term Residence Permit for Digital Nomads Introduced
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May 16, 2022 | RussiaRussia: Proposed Law Would Allow Favorable Work and Residence Conditions for Information Technology Specialists
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May 13, 2022 | United StatesUnited States: June 2022 Visa Bulletin Update – USCIS to Honor Final Action Dates for Employment-Based Categories
May 12, 2022 | ArgentinaArgentina: Short-Term Residence Permit for Digital Nomads Introduced
May 12, 2022 | Costa RicaCosta Rica: New In-Country Requirement for Dependents
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Argentina: Short-Term Residence Permit for Digital Nomads Introduced

May 12, 2022

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  • ArgentinaArgentina

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At a Glance

  • The government of Argentina is introducing a new short-term residence permit for digital nomads that should become available on May 20, 2022. The permit offers foreign nationals employed outside of Argentina the option to work remotely from Argentina for up to six months, with the possibility of one six-month extension, without local sponsorship.
  • The new permit will not allow foreign nationals to perform local work in Argentina.
  • The permit will only be available to visa-exempt foreign nationals, i.e., those who do not generally require a visa to enter Argentina as tourists.

The situation

The government of Argentina has published a resolution creating a short-term residence permit for digital nomads that should become available on May 20, 2022.

A closer look

  • Description of permit. The permit allows foreign nationals who are employed outside of Argentina to reside in, and work remotely from, Argentina using telecommunication tools, without local employer sponsorship.
  • Eligibility. The permit is only available for visa-exempt foreign nationals, i.e., those who do not generally require a visa to enter Argentina as tourists.
  • Requirements. Applicants must submit supporting documentation of their employment abroad, such as a work contract, employment certification, evidence of income or fee receipts, among others. They must also submit a resume/CV which includes their professional experience and educational level. All documents issued outside of Argentina must be apostilled or legalized and translated if issued in a language other than Spanish.
  • Process. Once implemented, foreign nationals will be able to apply for the permit either through a consular process or in-country.
  • Duration. The permit will be granted for up to six months, with the possibility of one six-month extension.
  • Eligibility for renewal. To renew the permit, applicants must continue to meet eligibility criteria and have a clean criminal record in Argentina; they must have also remained in Argentina for at least half of the validity period of their initial permit.  
  • Dependents. Under current law governing short-term residence permits in Argentina, foreign nationals are not able to sponsor dependent family members under this permit. 

Impact

  • Working remotely. The permit will offer eligible foreign nationals an option to work remotely from Argentina that has not existed previously, as visa-free entrants are not currently explicitly allowed to work remotely for their employer abroad, and other visa options require company sponsorship.
  • Local work restricted. Permit holders cannot perform local work in Argentina, either with or without an employment relationship.

Background

  • Economic recovery. Due to the unprecedented flexibility in work location that has emerged from the COVID-19 pandemic, Argentina is seeking to encourage tourism to increase local economic activity.
  • Regional trend continues. As companies continue to formalize hybrid working policies, remote work immigration programs continue to be favored by Latin American governments as a mechanism to attract investment and help rebuild economies hurt by the pandemic. Argentina is the second country in South America to launch a digital nomad visa, following the implementation of a one-year digital nomad visa in Brazil in January 2022. Since mid-2020, at least 12 countries in Latin America and the Caribbean have launched remote work programs.
  • Remote work visa warning. In countries where remote work is unregulated, workers and employers may unknowingly put themselves at risk of noncompliance with many aspects of the law, exposing them to possible fines or other penalties, depending on the country. Importantly, noncompliance with regulations could result in employers losing their rights to hire foreign labor. Additionally, this type of work arrangement may have employment or tax law impacts. It will become increasingly important as such policies are developed (and in many countries where remote work is unregulated) for employers to analyze strategies and assess risks associated with implementing and/or continuing remote work policies with a trusted immigration partner.

Looking ahead

Additional details on the short-term residence permit for digital nomads are expected in the next few weeks as the resolution takes effect, and as the National Immigration Directorate implements the new process.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].    

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  • ArgentinaArgentina

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