Temporary Residency

Humanitarian Residency
in Argentina

Legal counsel for persons in vulnerable situations who require special immigration protection.

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Immigration protection on humanitarian grounds

Argentine immigration law provides a specific residency category for persons whose circumstances warrant special treatment on humanitarian grounds. This category functions as a protection mechanism for those who, without falling within the traditional frameworks of refugee status or asylum, face situations that make returning to their country of origin unsafe or unfeasible. Each case is evaluated individually by the National Immigration Office (Direccion Nacional de Migraciones).

Situations covered

Required documentation

Procedure

In-person filing before the National Immigration Office or its regional branches, with a prior appointment booked through the official website. Given the nature of these cases, each situation is assessed individually considering the specific circumstances of vulnerability.

Duration

Up to one year, renewable. Renewal depends on the persistence of the humanitarian conditions that prompted the original grant.

Legal framework

Immigration Law 25.871, Decree 616/10, and complementary regulations on human rights protection and the non-refoulement principle.

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Frequently asked questions

Humanitarian residency in Argentina

It is a temporary residency category established under Law 25.871 for persons whose circumstances warrant special immigration protection. It covers individuals who do not fall within the traditional frameworks of refugee status or asylum but face situations that make returning to their country of origin unsafe or unfeasible. Each case is evaluated individually by the National Immigration Office.

The non-refoulement principle prohibits the Argentine State from deporting or expelling a person to a country where their life, liberty or physical integrity would be at risk. This principle, enshrined in international human rights treaties with constitutional standing, is one of the legal foundations of humanitarian residency in Argentina.

According to the regulatory decree of Law 25.871, the following persons may apply: those protected by the non-refoulement principle who cannot regularize their status through other immigration criteria; persons with a credible risk of human rights violations if forced to return to their country of origin; victims of human trafficking or migrant smuggling; persons who invoke health reasons that suggest a risk of death if forced to return to their country of origin due to lack of medical treatment; and stateless persons or refugees who have resided in the country for more than 3 years and whose status has ceased.

Refugee status is granted to persons persecuted on grounds of race, religion, nationality, political opinion or membership of a particular social group, and is assessed by CONARE under Law 26.165. Humanitarian residency is a complementary form of protection for those who do not qualify as refugees but face situations of vulnerability that prevent their safe return, processed before the National Immigration Office under Law 25.871.

Humanitarian residency is granted for up to one year and is renewable as long as the conditions that prompted its granting persist. Renewal requires demonstrating that the circumstances of vulnerability remain in effect. In some cases, it may be converted to permanent residency once the legally required period has elapsed.

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Office

Suipacha 1111, Piso 17
C.A.B.A., Buenos Aires

Email

consultas@quinternofidanza.com

Phone

+54 9 11 2393-0687

Office

Suipacha 1111
Piso 17, CABA

Email

consultas@quinternofidanza.com

Phone

+54 9 11 2393-0687

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