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Argentina Nationality through Marriage
Argentine law specifies that Argentina nationality is granted exclusively to individuals born within the country’s borders. Those born outside Argentina have two avenues to acquire Argentine citizenship: through the “option for Argentine citizenship” or the naturalization process. In other words, if someone is born in Argentina, he/she becomes automatically an Argentine citizen. But if he/she is born elsewhere, like a foreigner, you have two options to become a Citizen of Argentina. Depends if the parents are Argentinians or Foreigners.
№1: Option for Argentine Citizenship born Abroad
The option for Argentina nationality is a legal pathway that allows individuals born abroad, specifically children of Argentine native citizens, to obtain Argentine citizenship. Basically, children of Argentinan citizens can choose to become citizens of Argentina by option or hold a foreign passport only.
Regarding Argentinians by choice (option), they can pass their citizenship to their children, but this must be done through the court. For naturalized Argentinians, there is a complication, as judges cannot agree on the matter. We had a similar case with a naturalized Argentine citizen, and we tried hard to fight in court to obtain citizenship for his wife and children. The case was moved to a higher court and had not been resolved for a long time. Eventually, after two years the case was resolved. So, everything depends on the judge assigned to your case; outcomes may vary.
Example of How to Process Citizenship By Option Through Argentinian Embassy in the UK
Your birth certificate (“long form”), which should be apostilled by the Foreign & Commonwealth Office and translated into Spanish. Information about how to get the Apostille. You will have to bring the ORIGINAL and this will be NOT returned to you as it’s filed in the Book of the Civil Registry.
– Your Argentinian parent’s birth certificate (You will need to bring the ORIGINAL on the day of the appointment). You can request an online birth certificate through this link.
– Your passport (You will need to bring the ORIGINAL the day of the appointment)
– Your Argentinian parents’ DNI. You can bring originals if you have them handy, but high-quality coloured copies will be fine otherwise.
*Bear in mind that your parents’ names shall appear the same on your birth certificate AND the DNI and/or passport you are submitting for this. Should a name be different, you will need to request an amendment to the certificate at the Civil Registry.
*Your name will be registered as it appears in the British birth certificate. Would you wish it appeared with accents (tildes) but it is not included in the British certificate, you will have to amend it before starting the process. Your surname (when including the Argentine parent’s surname) should be as it appears on the Argentine documents. Otherwise, the birth certificate will need amendment before starting the process.
Then, you will book you TWO appointments for the same day once you send the consulate all the above and the consul confirms everything is OK. The FIRST appointment(in the morning) is for you to sign a Notarial Record whereby you opt for the Argentine citizenship. You should bring ALL the documents listed above. The SECOND appointment (in the afternoon) is for you to apply for a DNI. The documents needed are the same as in the morning. If you agree, they will keep them and give them back to you after the application for the DNI.
In general, DNIs take 6-8 weeks to arrive from Argentina.
Pursuant to Decree N° 1111/2016, acquiring the Argentine citizenship entails the following consular fees:
- Registration of the birth certificate
2. Citizenship
3. DNI*All fees are estimated as they depend on the exchange rate of each month.
If you need legal service assistance, you have to give a power of attorney at the UK department of foreign affairs or with a notary that provides the Hague Apostille Service.
Visa Application Process for Canadian Citizens: Required Documents and Consular Assistance
The same procedure for other countries as well. For example, if you are Canadian citizen, you should visit one of the Argentine Consulates in Canada (Montreal, Toronto, or Vancouver) and present the following documents: i) your Canadian birth certificate, translated into Spanish by a certified public translator with the Apostille seal, ii) your Canadian ID, and iii) your parents’ birth certificates. The Consulate may request additional documents. If that happens and in case of being necessary, we can assist the you from Argentina. Contact us for more details.
№2: Naturalization
Naturalization is the process where the spouses of Argentine citizens can acquire Argentina nationality. In essence, if somebody married an Argentine citizen or has lived in Argentina for two years continuously, they will be eligible for Argentine citizenship.
Note that getting Argentine citizenship doesn’t mean you have to give up your current citizenship, as it depends on each country’s policies.
To get this Argentina nationality via “naturalization”, you have to go through a legal procedure in Argentina. In case you’re outside of Argentina or in Buenos Aires, you need to visit the National Chamber of Appeals in Civil and Commercial Federal to kick off the process. Here is the address in Buenos Aires: Talcahuano 550 (Ground Floor, Office 2083) any business day from 7:30 to 13:30.
Once you’re all set, you’ll receive a “citizenship letter,” and you can use that to get your Argentine Permanent Residency ID card and Argentine Passport.
Requirements:
You must be 18 years or older.
You should marry an Argentine citizen or have lived continuously in Argentina for 2 years.
Required Documents:
Marriage certificate or proof of residing in Argentina for 2 years, as certified by the Dirección Nacional de Migraciones (DNM). If your marriage was registered outside Argentina, make sure to authorize your marriage in Argentina before proceeding, as per these guidelines.
Photocopy of your ID and/or passport.
Criminal record check.
Residence certificate (certificado de domicilio).
Proof of financial resources, which can include an employment contract, employment certificate, or salary receipt. For those who have Argentine children, include photocopies of their birth certificates and DNM certificates.
Two Pathways of Becoming an Argentine Citizen and Birth Certificate Registration
You can choose to become an Argentine citizen in two ways: either inside Argentina at the Civil Registry, or outside Argentina at the nearest Argentine Embassy or Consulate. But, no matter where you do it, you’ll need to make sure your birth certificate is registered with the Argentine Embassy or Consulate that covers your place of birth beforehand.
Steps for Argentine Citizenship Application in Argentina
The process within the country is much easier than processing it through Argentine embassies because we will have direct access to the court. For instance, if want to go through the process for Argentine citizenship in Argentina, make sure to register your birth certificate before initiating the citizenship application within the country.
Argentine Citizenship Application from Abroad: Procedure and Considerations
Now, let’s discuss the scenario, when you choose to pursue Argentine citizenship while living abroad in the US, you’ll need to go through the process at the Argentine Embassy in that Specific country. In this scenario, please consider the following:
For those who were born in the US and currently live there, you can handle your birth certificate registration and Argentine citizenship all in one go at the Embassy during a single appointment.
But, if you’re living in the US and were born somewhere else, you’ve got to do things a bit differently. Before you set up an appointment for Argentine citizenship at the Embassy in the US, you first need to get your birth certificate registered at the Argentine Embassy or Consulate for the place where you were born. In case if you can’t make the trip back to your birthplace, you can get help from the Argentine Embassy in the US by sending an email.
Argentine Residency Processing at the Embassy
Once you’ve finished the Argentine citizenship process at the Embassy, you’ll receive an Argentine DNI, and it will be mailed to the Embassy for you to pick up.
Age Requirements for Biometric Passport for Argentine Citizenship Applicants
Applicants under 14 years old, they can also request a new Argentine biometric Passport or an Emergency Passport.
If the applicant is 14 years old or older, they can apply for an Argentine passport only after receiving their first Argentine DNI.
Those who are 18 years of age must opt for Argentine citizenship together with both parents. Applicants aged 18 and above can independently carry out the procedure without requiring parental consent.
Required Documentation for Argentine Citizenship Application in the Consulate in your home country
If you are born and residing abroad with Argentinian Parents:
You’ll need the applicant’s birth certificate issued by local authorities in your home country. Make sure it’s signed and stamped by an official from the relevant Local Government authority. Also, the official’s signature should be legalized with an apostille by a notary public. The birth certificate should contain information about the child born outside Argentina and their parents. Additionally, the birth certificate should include the child’s date of birth (e.g., “Alejandro Fernandez was born on June 10, 2002”), which you’ll need to request from your home country authorities using the necessary procedure.
For Children in Another Country of Residence:
You must provide a certificate of registration of the birth certificate granted by the Argentine Embassy or Consulate with jurisdiction over the place of birth.
Argentine Parent’s Birth Certificate:
You need the Argentine birth certificate of either the father or mother. If both parents are Argentine, just one certificate is sufficient.
For Applicants Under 18 Years:
You should provide the DNI of both parents (only if both are Argentinian). If one parent is Argentinian and the other is not, you need the DNI of one Argentinian parent and the passport of the non-Argentine parent.
In Case of a Deceased Parent:
If one parent has passed away, you’ll need to provide documentary evidence of their death. Submit a certified death certificate if the death occurred in Argentina. In case the death took place in your home country, you should provide your home country authorities’ equivalent document. Also with a Spanish translation. For deaths in a third country, submit the equivalent document from the relevant authorities, legalize at the Argentine Embassy/Consulate with jurisdiction over the place of death.
Conclusion
In essence, there are different requirements for different situations. Argentina immigration is complex, just like any other. Reach out to Immi Legal to get help from our professional Argentinian lawyers.