Migration Agreements (Ukraine) - Full Text Of The Norm

Original Language Title: CONVENIOS MIGRACION (UCRANIA) - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CONVENTIONS Law 25.496 Adopt a Migration Convention signed in Ukraine.

Sanctioned: October 24, 2001.

Cast: November 19, 2001.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Appropriate the Convention on the Elimination of All Forms of Racial Discrimination And UCRANIA, signed in Buenos Aires on April 29, 1999, consisting of VEINTIUN (21) articles, whose authenticated photocopy is part of this law.

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTICUATRO DIAS OF THE MONTH OF OCTOBER OF DOS MIL UNO.

# 25,496

PASCUAL RAFAEL. . MARIO A. LOSADA. . Roberto C. Marafioti. . Juan C. OyarzĂșn.

CONVENTION OF MIGRATION ARGENTINA AND UCRANIA REPUBLIC

The Argentine Republic and Ukraine, henceforth called "The Parties",

With the desire to further strengthen bilateral relations and in particular to encourage and facilitate migratory flows among Parties,

Taking into account the human rights instruments adopted within the United Nations Organization, in particular the Universal Declaration of Human Rights of 10 December 1948, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966,

Considering the international standards emanating from the International Labour Organization,

Noting that any person who is legally in the territory of the Parties has the right freely to choose his place of residence, enter, transit and leave the national territory in accordance with the existing laws of the Parties; that their human rights and fundamental freedoms are protected and that their ethnic characteristics and religious options that favour the development of their personality are guaranteed by democratic States.

Agree to the following:

Chapter I: Determination and Application

Article 1: The terms used in this Convention must be understood as follows: "immigrant" is every citizen of one of the Parties who, with the intention of establishing their residence in the territory of the other, obtains from the receiving State an entry permit as a temporary resident;

"the members of the immigrant's family" are their spouse, single children under 21 or disabled and parents;

"country of reception" is the country of the new residence of the immigrant.

Article 2: The provisions of this convention apply to citizens of the Argentine Republic who emigrate to Ukraine and to citizens of Ukraine who emigrate to the Argentine Republic and who are holders of an entry permit granted by that State in accordance with the legislation of the receiving country.

Citizens of the Parties referred to in the previous paragraph of this Article shall obtain the permit to enter the receiving country as temporary residents with an authorized period of one year.

This Convention shall apply to citizens of one of the Parties born in its territory and to citizens of the Parties who prove an effective residence in its territory for the ten years prior to the receipt of permission to emigrate.

Article 3: In order to obtain an entry permit, citizens covered by article 2 of this Convention shall submit to the consular authority of the Parties and without prejudice to any further seizures that may establish the authority of application:

(a) Exit permit;

(b) passport of nationality;

(c) Judicial or police certificate of criminal and police conduct or record;

(d) Medical certificate on the health status of the petitioner;

(e) departure from birth and those relating to the civil status of persons or supplementary evidence, if not;

(f) any documentation expressly required in the entry permit to be agreed.

The Parties also reserve the right to apply to citizens covered by Part One of this Article for the following:

(a) Judicial or police certificate of criminal and police conduct or record of countries where he has resided for the last five (5) years.

(b) Affidavit of lack of international police record;

(c) certificate issued by a doctor or recognized health authority, from which the psychophysical aptitude of the petitioner arises.

Article 4: Renovation of residence to immigrants shall be granted in accordance with the immigration regulations in force in the receiving country.

Chapter II: Rights and obligations of immigrants and members of their families.

Article 5: Immigrants and members of their families shall enjoy the same rights and freedoms as citizens of the receiving country, including the right to education, paid work, to freely travel in the receiving country, to social security, legal assistance and judicial defence and have the same civil obligations as citizens of the receiving country in accordance with the legislation in force in that country.

The social insurance of immigrants and members of their families will be regulated by specific agreements.

Article 6: Immigrants and members of their families shall enjoy in the territory of the Parties the same rights and obligations that govern the citizens of the receiving country in respect of labour legislation, especially in the area of remuneration, working conditions and social protection.

Article 7: Immigrants and members of their families in the territory of the Parties shall enjoy the protection of that State against any act of violence, intimidation or other forms of discrimination by race, skin colour, political, religious or other positions or beliefs, sex, ethnic and social origin, language or other characteristics.

Article 8: Persons wishing to emigrate to the territory of one of the Parties have the right to receive, at any time, truthful and free information provided by the offices of the national migration services and the consular representations of the receiving country on:

(a) the text and content of this Convention;

(b) the rights and obligations of immigrants in the country of receipt, in accordance with the legislation in force in that country;

(c) The conditions for obtaining paid work, the possibility of studying or receiving professional training, as well as housing conditions in the receiving country.

Article 9: Immigrants shall have the right to dispose of the movable or immovable property of their property left in the country of origin.

Such property shall not be subject to misappropriation by the State because its owner does not reside in the country of origin or for loss of the citizenship of his country of origin.

Article 10: Immigrants and members of their families shall be subject to the laws and regulations of the host country.

Chapter III: Guarantees and conditions of immigration

Article 11: Within 90 days of the signature of this Convention, the Parties shall establish the immigration quota according to which immigrants and members of their families shall obtain the entry permit under this Convention and exchange models of entry permits.

The Undersecretariat for Population will be the competent body to establish the quota of immigrants to be received by the Argentine Republic. The quota of immigrants that Ukraine will receive will be established by the Cabinet of Ministers of Ukraine.

Article 12: The Parties shall endeavour to establish joint programmes and actions to prevent the causes of illegal immigration.

Article 13: In order to facilitate the implementation of the provisions of this Convention, a Joint Advisory Committee shall be established. The Commission shall consist of six members, of which each Party shall appoint three members, and shall sit alternately in Buenos Aires and Kiev.

For the Argentine Republic, the Commission will be composed of a representative of the Ministry of Foreign Affairs, International Trade and Worship, a representative of the Office of the Under-Secretary for Population and a representative of the National Directorate for Migration, as an implementing agency.

By Ukraine, the Commission shall consist of a representative of the Ministry of Foreign Affairs, a representative of the Ministry of Labour and Social Policy and a representative of the State Committee of Ukraine for Nationalities and Migration.

Article 14: The Joint Advisory Committee shall, inter alia, have the following functions:

(a) To submit proposals for the interpretation of the provisions of this Convention;

(b) To inform the competent authorities, where required or on their own initiative, of the implementation of this Convention;

(c) To propose to the respective Governments, through the competent authorities, any modifications and extensions of this Convention;

(d) To evaluate annually the results achieved by this Convention, which will be taken into account in considering the possibility of extensions.

Chapter IV: Recognition of titles

Article 15: The Parties undertake to promote reciprocal recognition of degrees and certificates of studies. The relevant institutions of the Parties shall consider preparing an agreement on recognition of degrees and certificates of studies at all levels.

Chapter V: Integration

Article 16: The Parties shall make it easier for immigrants to receive basic language, history, geography and social conditions in the host country. The interview of the respective consular authorities should be conducted in the official language of the receiving country. The domain of this language will be evaluated especially by the head of the family group.

Article 17: The Parties undertake to respect the cultural identity of immigrants, as well as to encourage the maintenance of links with their country of origin.

Chapter VI: Final clauses

Article 18: This Convention shall enter into force on the date of the last notification by which the Parties communicate compliance with their respective internal procedures for approval.

Article 19: This Convention shall have a duration of DOS (2) years, and at its expiry shall be automatically extended by the same period, except that ninety (90) days before its expiry, one Party shall communicate to the other its desire not to extend the Convention.

Article 20: This Convention may be denounced by any Party in writing by diplomatic means. The denunciation of the Convention shall take effect at 90 days of notification to the other Party.

Article 21: The Parties may jointly modify this Convention.

Made in Buenos Aires, on the 29th day of the month of April, nine hundred ninety-nine, in two originals, in Spanish and Ukrainian, both texts being equally authentic.