Argentina Nationality through Parents/Baby/Marriage/Residency
According to Argentina nationality law, individuals with at least one Argentine-born parent are eligible for Argentina citizenship by descent under the principle of jus sanguinis (right of blood). This law enables people to claim Argentinian citizenship even if they are born outside the country.
For people over 18, to obtain the nationality of Argentina by descent, the following documents are required:
- An application,
- Valid identification document,
- Birth certificate of the applicant, which must be accompanied by an apostille.
For official information, refer to the National Constitution of Argentina.
Additionally, children born abroad to at least one Argentine parent can apply for Argentine nationality in person at their nearest Argentinian consulate or embassy. Under the option for Argentine citizenship, children of Argentine natives can also choose to acquire citizenship later in life.
Spouses, children, and parents of Argentine citizens (whether by birth or naturalization) are eligible for permanent residence in Argentina and can apply for citizenship more easily. This law highlights Argentina’s family-centered approach to citizenship, making it easier for those with direct ties to Argentine citizens to gain Argentina immigration status.
Argentina Nationality Through Grandfather
OK, here is a hypothetical example that we came up with to make things more understandable. The client’s name is Emma Garcia, daughter of Laura Martinez, who is the daughter of Francisco Martinez. Her grandfather was an Argentine citizen, but he has since passed away, and they need assistance obtaining a certified copy of his birth certificate from Argentina. Following that, they would like to obtain Argentine nationality for her mother, Laura Martinez, and then for herself, Emma Garcia.
Francisco was born in Salta, Argentina, and lived there for nine years before moving to Syria. His brother and uncle remained in Argentina and have both since passed away.
Sixteen years ago, a family member of his brother Roberto, who also lived in Syria, traveled to Argentina but was unable to locate the records. Our company can help with this situation and assist Emma Garcia in obtaining Argentine nationality through her parents.
Here is the solution for this situation: nowadays, it is not possible to get the original copy of the grandfather’s birth certificate. Only an electronic copy will be available. This electronic copy will be sufficient to process Laura’s citizenship. First, it needs to be apostilled and then used for the citizenship process. It is important to note that Emma cannot obtain Argentine citizenship directly through her grandfather; she needs to obtain Argentine nationality for her mother, Laura. After approximately 1.5 years, when Laura has citizenship approved, Emma can start her citizenship process, which will also take about 1.5 years.
As you noted, the citizenship must be through direct relatives, such as parent to child or husband to wife. No brother or sister, nor grandfather, can directly pass on citizenship. Only direct relatives can obtain Argentine nationality.
Nationality and Citizenship through Birth and Residency
Every person born in Argentine territory is considered an Argentinian national. Children born abroad to Argentine citizens can choose the nationality of Argentina. Foreigners who have lived in Argentina for two uninterrupted years may acquire citizenship by naturalization.
Here are some key provisions from the Constitution of Argentina and related laws:
Constitution of 1949: Individuals who enter Argentina legally can enjoy the same rights as locals. After two years of residency, they can apply for Argentina citizenship.
Law No. 346 (1869): If you are born in Argentina or born abroad to Argentine parents, you are an Argentine citizen. This also applies to those born in Argentine embassies or on Argentine ships.
Citizenship by Naturalization: Foreigners over 18 who have lived in Argentina for two years can apply for citizenship. Those who contribute to the country (e.g., serving in the army or bringing new industries) may receive citizenship faster.
Children of Citizens: Children over 18+ whose parents become citizens can also obtain Argentine citizenship under certain conditions.
Argentine Citizenship Processing Steps and Time Frame
If you are a resident of a foreign country and have the jus sanguinis (right of blood) to process your Argentine citizenship, you can do so at the local Argentine consulate. However, some consulates may have limited resources and may not be able to handle all inquiries, focusing primarily on government-level tasks. In such cases, you can travel to Argentina and apply for citizenship in person at a civil court.
Here’s a step-by-step guide on how to proceed:
Appointment at Civil Court: Use Argentina’s new online system to book an appointment at the Secretaría. Wait for confirmation of your appointment, which typically takes about a month.
Prepare Your Documents: Once your appointment is confirmed, gather your original documents to present at the court.
Submit Your Documents: Go to the court on the date of your appointment, submit your documents at the reception, and wait for them to be confirmed by the Secretaría.
Stay in Argentina: After your documents are confirmed, you can either return to your home country or travel within Argentina. However, it is advisable to remain in Argentina, as the court will issue orders for background checks, including fingerprint collection at the Registro Civil and Federal Police, as well as publications in national newspapers.
Complete Required Steps: These background checks and verifications typically take about 4 to 6 months. After completing these processes, you will be free to travel anywhere in the world until your citizenship is approved.
Swearing-In Ceremony: Once your Argentine nationality is approved, you will need to return to Argentina to swear allegiance in front of the court.
Obtain Your Passport: After receiving your citizenship approval letter, you can go to RENAPER to print your Argentine passport.
Throughout this process, you can manage many tasks remotely, and you do not need to remain physically present in Argentina after the initial steps. If you need assistance with any part of this process, feel free to contact us.
The Crucial Role of Presence in Argentina for Citizenship Applications
- Coordination with Migraciones: During the background check, the court will coordinate with the immigration authority (Migraciones) to verify your residency status.
- Impact of Being Outside the Country: If you are not in Argentina, the court will delay your case until they receive confirmation from Migraciones that you have returned. This can lead to your case being archived, meaning it may get pushed down the list as new cases come in, potentially resulting in significant delays.
- Importance of Presence: Being in Argentina during the background check is crucial for a timely process.
- Planning Your Stay: It is advisable to plan your six-month stay in Argentina carefully to ensure a smooth and efficient citizenship application process.
Tax Considerations for Foreign Nationals Becoming Argentinian Citizens
When foreign nationals acquire Argentinian citizenship, one common concern is whether they will need to pay taxes on income generated in their home country. This issue depends on several factors. Key considerations include the source of the income, existing double taxation agreements between Argentina and the foreign national’s home country, and any special tax regimes for naturalized citizens. Additionally, the taxpayer’s residency status in Argentina may play a significant role in determining their tax obligations.
Fortunately, if a tax treaty exists between Argentina and the individual’s country of origin, it helps avoid double taxation. This means that income taxes already paid in the home country may exempt the individual from paying the same taxes in Argentina. Argentina has signed such treaties with many countries to protect against double taxation, ensuring that income is not taxed twice across borders. For those seeking more information, a comprehensive list of countries with tax agreements with Argentina can be found on the official government website.