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Mercosur,Bolivia And Chile National Residence Agreements - Full Text Of The Norm

Original Language Title: ACUERDOS RESIDENCIA NACIONALES DEL MERCOSUR,BOLIVIA Y CHILE - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ACUERDOS Law 25,90 Approve the Agreement on Residence for Nationals of the States Parties of Mercosur, Bolivia and Chile, signed in Brasilia on 6 December 2002. Sanctioned: June 9th, 2004 Cast: July 13th, 2004

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

ARTICLE 1 Agree on national ownership of the States parties to MERCOSUR, BOLIVIA And CHILE, signed in Brasilia .REPUBLICA FEDERATIVA DEL BRASIL. on December 6, 2002, which consists of DIECISEIS (16) 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 NEW DAYS OF JUNE OF THE YEAR DOS MIL CUATRO.

REGISTRATION BABY No. 25,901

EDUARDO O. CHANGE. A. GUINLE. . Eduardo D. Rollano. . Juan Estrada.

AGREEMENT ON NATIONAL RESIDENCE OF STATES PARTIES TO MERCOSUR, BOLIVIA AND CHILE

The Argentine Republic, the Federal Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States parties to MERCOSUR, the Republic of Bolivia and the Republic of Chile, associated States.

CONSIDERING the Treaty of Asunción signed on 26 March 1991 between the Argentine Republic, the Federal Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay and the Protocol of Ouro Preto on the institutional structure of MERCOSUR signed on 17 December 1994 by those same States.

ATTENTION the decision of the MERCOSUR Common Market Council No. 14/96 "Participation of Third Countries Associated with MERCOSUR Meetings" and No. 12/97 "Participation of Chile in MERCOSUR meetings".

IN CONCORDANCE with Decision No. 07/96 (XI CMC - Fortress, 17/96) that motivated the need to move forward in the development of common mechanisms, to deepen cooperation in the areas of competence of the respective Ministries of the Interior or equivalents.

REAFIRMANDO the desire of MERCOSUR States Parties and Partners to strengthen and deepen the integration process as well as the fraternal links between them.

I'm sorry. that the implementation of a policy of free movement of people in the region is essential for the achievement of these objectives.

BUSCANDO to resolve the migration situation of nationals of States parties and associates in the region in order to strengthen their linkages with the regional community.

Agreed of the importance of combating trafficking in persons for the purpose of labour exploitation and situations involving the degradation of human dignity, seeking joint and conciliatory solutions for the serious problems that plague States parties and associates and the community as a whole, in line with the commitment signed in the General Plan for Cooperation and Coordination of Regional Security.

RECOGNIZING the commitment of States parties to harmonize their legislation to strengthen the integration process, as provided for in article 1 of the Treaty of Assumption.

_ establish common rules for the processing of residence permits for nationals of MERCOSUR States Parties and Partners.

ACUERDAN: Article 1 OBJECT

Nationals of a State Party wishing to reside in the territory of another State Party may obtain a legal residence in the latter, in accordance with the terms of this Agreement, by accreditation of their nationality and presentation of the requirements provided for in article 4 of this Agreement.

Article 2 DEFINITIONS

The terms used in this Agreement shall be interpreted as follows:

"States Parties": Member States and associated countries of MERCOSUR;

"Nationals of a Party": they are persons who have originated nationality from one of the States Parties or nationality acquired by naturalization and have had such benefit for five years;

"immigrants" are nationals of Parties wishing to establish themselves in the territory of the other Party;

"country of origin": it is the country of nationality of immigrants;

"Reception country" is the country of the new residence of immigrants.

Article 3 ENVIRONMENT OF IMPLEMENTATION

This Agreement applies to:

(1) Nationals of one Party, who wish to settle in the territory of the other, and submit to the respective consular headquarters their request for entry into the country and the documentation determined in the following joint;

(2) Nationals of one Party, who are in the territory of another Party wishing to establish themselves in the same Party, and to submit to the migration services their request for regularization and the documentation that is determined in the following joint.

The procedure provided for in paragraph 2 shall apply irrespective of the immigration status with which the petitioner had entered the territory of the receiving country, and shall entail exemption from the payment of fines or other more serious penalties.

Article 4 TYPE OF RESIDENCE TO OTORGAR AND REQUIREMENTS

1. To the petitioners covered in paragraphs 1 and 2 of article 3, the consular representation or the corresponding migration services, as the case may be, may grant a temporary residence of up to two years, following the submission of the following documentation:

(a) Valid and valid passport or identity card or certificate of nationality issued by the consular agent of the country of origin of the applicant accredited in the country of receipt, so that the identity and nationality of the petitioner is accredited;

(b) A person ' s birth and civil status check and nationalization or naturalization certificate, where applicable;

(c) Certificate that demonstrates the lack of judicial and/or criminal record and/or police in the country of origin or in which the petitioner has resided during the five years prior to his arrival in the receiving country or his request to the Consulate, as appropriate;

(d) Affidavits of lack of international criminal or police history;

(e) Certificate of proof of the absence of judicial and/or criminal records and/or police records of the petitioner in the receiving country, if any nationals covered by Article 3, paragraph 2, of this Agreement;

(f) If required by the State party ' s domestic legislation, medical certificate issued by immigration or other official medical authority of the country of origin or receipt, as appropriate, of which the psychophysical aptitude of the petitioner arises in accordance with the domestic regulations of the receiving country;

(g) Payment of the retributive service rate, as provided by the respective domestic legislation.

2. For the purposes of the legalization of documents, when the application is processed at consular headquarters, the certification of their authenticity shall be sufficient, in accordance with the procedures established in the country of which the document proceeds. Where the application is processed in the case of immigration services, such documents shall be certified only by the consular agent of the country of origin of the applicant accredited in the country of receipt, without any other remedy.

Article 5 PERMANENT RESIDENCE

The temporary residence may be converted into permanent residence by presenting the petitioner to the immigration authority of the receiving country, within the ninety (90) days prior to the expiration of the same, and by accompanying the following documentation;

(a) Completion of temporary residence obtained in accordance with the terms of this Agreement;

(b) Valid and valid passport or identity card or certificate of nationality issued by the consular agent of the country of origin of the applicant accredited in the country of receipt, so that the identity of the petitioner is accredited;

(c) Certificate that certifies a lack of judicial and/or criminal record and/or police in the receiving country;

(d) Accreditation of lawful livelihoods that enable the subsistence of the petitioner and his family group to live together;

(e) Payment of the retributive rate of services to the respective migration service, as provided by the respective domestic legislation.

Article 6 NO SUBMISSION IN THE

Immigrants who, after the expiration of the temporary residence of up to two years under article 4 of the present, do not submit to the immigration authority of the receiving country, shall be subject to the domestic migration legislation of each State Party.

Article 7 INTERCHANGE OF INFORMATION

The Parties shall communicate their respective national immigration regulations, as well as, in the event of subsequent amendments, and shall ensure to the citizens of the other States Parties that have obtained their residence, an equal treatment in respect of civil rights in accordance with their respective domestic laws.

Article 8 General Rules on Entry and Permanence

1. Persons who have obtained their residence in accordance with article 4 and 5 of this Agreement have the right to enter, leave, circulate and remain freely in the territory of the receiving country, prior to the completion of the formalities provided for by the Agreement and without prejudice to exceptional restrictions imposed for reasons of public order and public security.

2. They also have the right to access: any activity, both on their own and on behalf of others, under the same conditions as nationals of the receiving countries, in accordance with the legal norms of each country.

Article 9 RIGHTS OF INMIGRANTS AND MEMBERS OF THEIR FAMILIES

1. CIVIL RIGHTS IGUALDAD: Nationals of the Parties and their families who have obtained residence under the terms of this Agreement shall enjoy the same civil, social, cultural and economic rights and freedoms of the nationals of the receiving country, in particular the right to work; and to exercise any lawful activity under the conditions of the law; to petition the authorities; to enter, to remain, to transit and to leave the territory of the Parties; to associate for purposes with the law.

2. FAMILIAR MEETING: Members of the family who do not have the nationality of one of the States Parties shall be granted an identical residence of the person of which they depend, provided that they submit the documentation provided for in article 3, and do not have any impediments. If family members need a visa to enter the country for their nationality, they must process their residence before the consular authority, unless in accordance with the domestic regulations of the country of receipt this latter requirement is not necessary.

3. IGUALITARY TREATY WITH NATIONALS: Immigrants shall enjoy treatment in the territory of the Parties no less favourable than that received by nationals of the receiving country, with regard to the application of labour legislation, especially in the area of remuneration, working conditions and social insurance.

4. COMPROMISO IN PREVISIONAL MATERIA: The Parties will analyse the feasibility of signing reciprocity agreements on forecasts.

5. RIGHT TO TRANSFER REMES: Immigrants from Parties shall have the right to freely transfer to their country of origin, their personal income and savings, in particular the funds necessary for the livelihood of their family members, in accordance with the rules and domestic legislation in each Party.

6. LAW OF INMIGRANTS: The children of immigrants born in the territory of one of the Parties shall have the right to have a name, to register their birth and to have a nationality, in accordance with the respective domestic laws.

The children of immigrants shall enjoy in the territory of the Parties the fundamental right of equal access to education with nationals of the receiving country. Access to pre-school institutions or public schools may not be denied or limited because of the circumstantial irregular situation of parents ' stay.

Article 10 PROMOTION OF MEASURES RELATING TO LEGAL CONDITIONS OF MIGRATION AND EMPLEMENTATION IN THE PARTIES.

The Parties shall establish permanent cooperation mechanisms to prevent the illegal employment of immigrants in the territory of the other, for which the following measures shall be taken:

(a) Mechanisms for cooperation between migrant and labour inspection agencies for the detection and punishment of illegal employment of immigrants;

(b) Effective penalties for natural or legal persons using nationals of Parties under illegal conditions. Such measures shall not affect the rights of immigrant workers as a result of the work carried out under these conditions;

(c) Mechanisms for the detection and criminalization of individuals or organizations that engage with illegal or clandestine movements of immigrant workers, whose purpose is to enter, stay or work in abusive conditions of these persons or their families;

(d) The Pares will intensify public awareness campaigns and public information so that potential migrants are aware of their rights.

Article 11 IMPLEMENTATION OF THE MASS BENEFIED NORMA

This Agreement shall be implemented without prejudice to the domestic rules or provisions of each State Party that are more favourable to immigrants.

Article 12 ADUANERA NORMATION

The provisions of this Agreement do not include the regularization of any assets and values that immigrants have temporarily entered in the territory of the State Parties.

Article 13 INTERPRETATION AND IMPLEMENTATION

Conflicts originating in the scope, interpretation and application of this Agreement shall be resolved in accordance with the mechanism in force at the time of the present problem and which has been consensual among the Parties.

Article 14

This Agreement shall enter into force on the basis of the communication by the six States Parties to the Republic of Paraguay informing that the internal formalities necessary for the entry into force of this instrument have been enforced.

Article 15

The Republic of Paraguay shall deposit the present Agreement and the notifications of the other States Parties in respect of the validity and denunciation. The Republic of Paraguay shall send a duly authenticated copy of this Agreement to the other Parties.

Article 16

States Parties may at any time denounce this Agreement by written notification to the depositary, which shall notify other Parties. The denunciation will produce its effects at one hundred and eighty (180) days, after the notification.

Made in the city of Brasilia, Federal Republic of Brazil, at six (6) days of December 2002, in an original, in the Spanish and Portuguese languages, both equally authentic texts.

Eduardo Duhalde Fernando Henrique Cardoso

Argentina

Federal Republic of Brazil

Luis Angel González Macchi José Batlle Ibánez

Republic of Paraguay

Eastern Republic of Uruguay

Gonzalo Sánchez de Lozada Ricardo Lagos Escobar

Republic of Bolivia

Republic of Chile

Gloria Amarilla

Director of Treaties