Unmarried partners recognized for immigration purposes

IMPACT – MEDIUM

What is the change? Argentina’s immigration authorities have adopted changes to the civil code that treat unmarried domestic partnerships the same as married couples.

What does the change mean? Registered foreign domestic partners, both opposite-sex and same-sex, are now recognized as couples for purposes of applying for dependent visas.

• Implementation time frame: Immediate.
• Visas/permits affected: Permanent or temporary resident visas.
• Who is affected: Foreign unmarried domestic partners of a foreign resident or Argentinian citizen.
• Business impact: Foreign employees who can prove their common-law marriages will be able to sponsor their partners in Argentina.
• Next steps: Couples must be registered and are required to have proof of their registration with the appropriate registry or authorities in the jurisdiction of their legal residence in Argentina. BAL can assist with registration procedures.

Background: The National Immigration Directorate (DNM) announced in October that the migration laws will adopt recent changes in the Argentine Civil Code that give common-law marriage the same legal effect as marriage. Previously, the DNM recognized only married couples (both opposite-sex and same-sex) for purposes of immigration.

BAL Analysis: The rules now allow foreign employees who hold temporary or permanent resident status in Argentina to sponsor a domestic partner for residency. The domestic partnership must first be registered with the civil registry, magistrate’s court or other designated authority.

This alert has been provided by the BAL Global Practice group and our network provider located in Argentina. For additional information, please contact your BAL attorney.

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