Argentine nationality law

Argentine nationality law has a dual system accepting Jus soli and Jus sanguinis.

Birth in Argentina

Any person born in Argentine territory acquires Argentine citizenship at birth, excepting children of persons in the service of a foreign government (e.g. foreign diplomats). This can be also applied to people born in the Malvinas Islands, a British Overseas Territory, claimed by Argentina.^[1]

Argentine citizenship by descent

Argentina has a dual system accepting Jus soli and Jus sanguinis. Jus soli means that you are Argentinian because you were born in Argentina. Jus sanguinis means that you are Argentinian because one or both of your parents are Argentinians, no matter where one is born. For this reason the procedure for being recognized as Argentine is very simple. You have to evidence to the consul that your father or mother or both are Argentinians and that is enough. The Consul must inscribe you into the records and provide you with Argentinians ID.

Naturalization as an Argentine citizen

The current laws governing citizenship (Ley 346, Ley 23.059, and Decreto 3.213/84) set forth very simple requirements:

(1) to be 18 years old;

(2) to have been living in Argentina for 2 years; and

(3) to apply for citizenship before a federal judge.

And it can be denied if you:

(1) have been in jail for more than 3 year in the last 5 years;

(2) are under criminal prosecution;

(3) do not have an honest way of income. To work without a legal permit is not considered an honest way of living.

Due to the fact that the citizenship law has existed unchanged since 1869, there are many precedents based on which the Supreme Court is able to resolve almost any immigration related problem. Citizenship has been granted to immigrants who lacked legal residency or entered the country illegally, and, in exceptional cases, even to immigrants with criminal record.

Recently, the Federal Chamber of Parana established that nobody can be considered an illegal alien in Argentina since the concept of legality applies only to actions violating criminal laws. The violation of the immigration law is a simple administrative issue that can be remedied by applying for residency or citizenship.

The continuous 2 year residency requirement means that the applicant needs to make Argentina his home. It doesn't mean that the applicant cannot leave the country. Since the applicant enjoys the same civil rights as argentinians, including the right to travel, he can leave the country.

For historic reasons, federal courts are still reluctant to recognize the rights of ¨irregular¨ immigrants. They usually request the following requirements related to the abolished law 21.795:

(1) Legal residency (2) Legal work (3) That you speak, read and write Spanish (4) That you renounce your native citizenship (5) DNI with permanent residency (6) Birth certificate apostilled and translated by public notary (7) Certificate of a clean criminal record from your home country (8) Certificate of a clean criminal record in Argentina (9) CUIT or CUIL number

Dual citizenship

Dual citizenship is accepted by Argentina. However, even you have dual citizenship, in Argentinian territory you are going to be recognized as Argentinian by local authorities.

References

External links

• La Dirección Nacional de Migración
• Updated Text of Citizenship and Naturalization Law

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