Special Migration Regularization Regime for Venezuela
In the context of the closure of the Venezuelan Consulate in Buenos Aires, which currently prevents Venezuelan citizens from renewing their documentation and/or entering our country with valid documentation and/or its legalization, the Argentine Immigration Office has implemented a special migration regularization regime for Venezuelan citizens in order to facilitate their residency in our country.
According to the National Directorate of Migration, this regime aims to provide a solution to the situation of a considerable number of Venezuelan citizens who are currently residing irregularly in the Argentine Republic because they do not meet all the requirements to regularize their migratory status within the framework of the general migration regime and/or because, due to this situation, they have applied for asylum before the National Commission for Refugees (CO.NA.RE.) in order to obtain a precarious residence certificate, thereby distorting the refugee status based on unfounded applications.
Who is eligible?
- Venezuelan citizens who are in Argentina before 9/20/2024 and cannot regularize their migratory status through the general migration regime; and
- Venezuelan citizens who are abroad and wish to enter our country but do not have valid travel documentation.
Key considerations
- The special migration regularization regime is in force until December 19th, 2024, and may be extended by Migration if deemed necessary.
- Acceptance of the special regularization regime implies the automatic withdrawal of any other ongoing residence application and/or appeals filed with administrative or judicial authorities.
- In case of having an ongoing asylum application filed before the CONARE, it must be expressly withdrawn.
- During the validity of the special migration regularization regime, expulsion orders and/or measures requiring individuals to leave the country based on Articles 29, subsections a), b), i) and k) or 61 of the Migration Law are suspended for foreigners requesting regularization under this regime, whether or not they have been notified or finalized.
Documentation. Flexibility
Identity
- If unable to present a valid passport, identity card, or nationality certificate, an expired Argentine DNI for foreigners previously issued by Migration may be presented, or an expired Venezuelan passport or identity card no more than 10 years old at the time of document submission to Migration.
- A sworn identity declaration in the case of legal entry through an authorized border crossing.
- For children and adolescents, a birth certificate will be accepted if they are under 18 years of age.
Entry to the Argentine Republic
- Proof of the most recent legal entry into Argentina.
- If no legal entry into the country is available, a sworn declaration indicating the date and place of entry must be submitted, along with proof of residence in Argentina prior to the implementation of the Special Migration Regularization Regime.
Criminal Background
- Criminal background checks from Argentina must be presented.
- If Venezuelan criminal background checks cannot be submitted, a sworn declaration stating the individual’s identity and lack of international criminal background must be signed. False information in the sworn declaration or documents submitted to Migration will result in the nullification of the regularization application, declaration of illegal stay, and expulsion with a re-entry ban to the country.
Legalizations
Official documentation issued by Venezuela may be submitted to the National Directorate of Migration without the corresponding legalizations (Apostille).
Who is ineligible for the migration regularization benefit?
- Those who have entered Argentina after 9/20/2024 through unauthorized crossings or at unauthorized times.
- Those who entered the country after 9/20/2024 and applied for asylum before CONARE.