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Agreement On Residence For Nationals Of Argentina And Peru - Full Text Of The Rule

Original Language Title: ACUERDOS ACUERDO SOBRE RESIDENCIA PARA NACIONALES DE ARGENTINA Y PERU - Texto completo de la norma

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ACUERDOS Law 26.535 Approve the Agreement on Residence for Nationals of the Argentine Republic and the Republic of Peru. Sanctioned: October 28, 2009 Cast: November 25, 2009

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

ARTICLE 1 Agree on the NATIONAL RESIDENCE OF THE ARGENTINA REPUBLIC AND REPUBLIC DEL PERU, signed in Buenos Aires on 15 June 2007, which consists of CATORCE (14) 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 VEINTH DAYS OF THE OCTOBER OF THE YEAR DOS MIL NEW.

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JOSE J. B. PAMPURO. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.

AGREEMENT ON NATIONAL RESIDENCE OF THE ARGENTINA REPUBLIC AND THE REPUBLIC OF THE PERU

The Argentine Republic, and the Republic of Peru, henceforth "the Parties":

RECALLING the desire of the Argentine Republic and the Republic of Peru to strengthen and deepen the integration process as well as the fraternal links between them;

TAKING IN CONSIDERATION the progress made in the bilateral relationship achieved under the Convention on Migration between the Argentine Republic and the Republic of Peru signed on 12 August 1998 and its two Additional Protocols;

INTRODUCTION The rules in the region to facilitate access to residence, in particular the Agreement on Residence for Nationals of MERCOSUR States Parties;

RECOGNIZING the shared responsibility of both Governments in the adoption of measures to organize and orient migratory flows between the Parties, to effectively serve as vehicles for integration between the two countries;

CONOCIENDING the geographical, economic and social reality that characterizes both Parties and which has always created a permanent migration exchange;

BUSCANDO resolve the migration situation of nationals of our countries and effectively enable their integration into the reception society;

CONVENTED with the importance of regular migration as a tool to combat trafficking in persons for the purpose of labour exploitation and other situations involving the degradation of human dignity;

Agreed to establish common rules for the processing of the residence permit of nationals of the Parties;

ACUERDAN:

Article 1

OBJECT

Nationals of the Argentine Republic and the Republic of Peru wishing to reside in the territory of the other country 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 with the following scope: "States Parties": Argentina and the Republic of Peru;

"Nationals of a Party": they are persons who possess nationality originating from one of the Parties or nationality acquired by naturalization;

"Immigrants": they are the nationals of a Party expressing its desire to settle in the territory of the other Party in accordance with this Agreement;

"Clandesinos": they are the nationals of one of the Parties that have entered the territory of the other Party without having undergone immigration control or have entered fraudulently;

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

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

Article 3

APPLICATION

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 office their request for entry into the country and the documentation determined in article 4 of this Agreement.

2. Nationals of one Party within the territory of the other party and to submit to the migration services of the receiving country the documentation established in article 4 of this Agreement, within 365 days of its validity, which may be extended according to the competence of the Joint Advisory Committee provided for in article 11.

3. The procedure provided for in item 2 of this article shall apply irrespective of the category of immigration 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.

4. Nationals of the Parties that have entered the territory of the receiving country as clandestine shall not be entitled to the benefits of this Agreement, in the territory of the receiving country, for such purpose by withdrawing from it and processing the benefit in their country of origin to the respective consular authority.

Article 4

TYPE OF RESIDENCE TO OTORGAR AND REQUIREMENTS

1. To the petitioners included in points 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 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) Certificate that accredits the lack of judicial and/or criminal record and/or police of the petitioner in the country of origin ; for the assumption of article 3 point 1; and in the country of reception ; for the assumption provided for in article 3 point 2;;

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

(d) 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.

When the application is processed in the case of immigration services, such documents shall be certified by the consular agent of the country of origin of the applicant accredited in the receiving country, without any other remedy. For the purposes of registration, identification and issuance of the identifiable document of the Parties, the legalization of the birth certificate by the consular authority of the corresponding Party accredited to the other Party shall be sufficient and the signature of which is registered with the immigration and identification authority.

Article 5

PERMANENT RESIDENCE

The temporary residence may be transformed into permanent by presenting the petitioner to the immigration authority of the receiving country, within the ninety (90) days prior to the expiration of the same, accompanied by 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 of accreditation of the 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 TERMINE

Immigrants who, once the two-year temporary residence granted under article 4 of this Agreement has expired, do not submit to the immigration authority of the receiving country, shall be subject to the penalties provided for in the domestic migration legislation of each State Party.

Article 7

RIGHTS OF INMIGRANTS AND MEMBERS OF THEIR FAMILIES

The 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 in the host country, in particular the right to work, and to exercise any lawful industry under the conditions laid down by the law; to petition the authorities; to enter, to remain, to travel and to leave the territory of the Parties; to associate themselves for useful purposes and to freely exercise their cult in accordance with the law.

Article 8

PROMOTION OF MEASURES RELATING TO LEGAL CONDITIONS OF MIGRATION AND IMPLEMENTATION 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 individual persons or organizations that engage with illegal or clandestine movements of immigrant workers, whose objective is to enter, stay, leave or work in abusive conditions of these persons or their families;

(d) Parties shall intensify public information and dissemination campaigns so that potential migrants are aware of their rights.

The competent authorities in the field of migration and labour are, in the case of the Argentine Republic, the Ministry of the Interior and the Ministry of Labour, Employment and Social Security respectively.

In the case of the Republic of Peru, the Directorate-General for Migration and Naturalization of the Ministry of the Interior and the Ministry of Labour and Employment Promotion, respectively.

Article 9

IMPLEMENTATION OF THE MASS BENEFITS

This Agreement shall be implemented without prejudice to the internal rules or provisions of Parties that are more favourable to immigrants.

Article 10

UNITED NATIONS

In order to verify the implementation of this Agreement, a Joint Advisory Committee will be established. The Commission shall consist of six members, of which each Party shall appoint three, representing the respective Ministries of the Interior of the Argentine Republic and the Republic of Peru and the Ministries of Foreign Affairs and Labour of both countries.

The Commission shall meet normally every six months and extraordinarily at the request of any Party.

Article 11

FACULTIES OF THE MIXTA COMMISSION

The Joint Advisory Committee will have the following functions:

(a) Submit proposals for the interpretation of the clauses of this Agreement;

(b) To advise the competent authorities where they require it or on their own initiative in the implementation of this Agreement;

(c) Propose to the competent authorities of the Parties, such modifications and extensions as it deems appropriate to make to this Agreement.

Article 12

CONTROVERSAL SOLUTION

Any dispute that may arise on the interpretation, implementation or application of this Agreement shall be resolved by the Parties through diplomatic channels.

Article 13

AMENDMENT

Any Amendment shall be made by mutual consent of the Parties, through exchange of Diplomatic Notes, following the same procedure as this Agreement, for entry into force.

Article 14

VIGOR, DURATION AND

This Agreement shall enter into force on the date of the last notification by which the Parties communicate by diplomatic means compliance with the necessary domestic legal requirements for its entry into force. It will last five years, automatically extended for equal periods.

Any Party may terminate this Agreement by written notification addressed to the other Party by diplomatic means. The complaint shall take effect ninety (90) days after such notification has been made.

The termination of this Agreement shall not affect the normal development and completion of pending residence applications.

Made in Buenos Aires, on June 15, 2007, in two original equally authentic copies.

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