On May 31, 2024, Disposition No. 1520/2024 of the National Direction of Migration was published in the Official Gazette, through which the assumptions to request the change of migratory category or subcategory in the country were clarified. This matter is of vital importance in order to develop an effective immigration strategy that allows companies to eliminate any type of risk based on the nationality of the applicants and to be able to elucidate in which cases a foreigner entering the country in any of the immigration categories stipulated by law is entitled to subsequently apply for a change of category (for example as a migrant worker) before the National Direction of Migration.
The disposition establishes that the change of migratory category or subcategory may be requested by those nationals of countries exempted from the prior visa requirement for their entry as tourists, pursuant to the multilateral or bilateral agreements in force, having entered the country in any of the admission categories provided by the Migration Law No. 25,871.
For the purpose of understanding this wording, “prior visa” means visas issued by Argentine consular officers, electronic travel authorizations, or any other form that may be implemented in the future to authorize foreigners to enter the country, regardless of the activity to be perform.
In turn, those foreigners who have entered the country as “transitory residents” under the subcategories of “Academic”, “Medical Treatment” and “Special Reasons” (paragraphs f), g) and and h) of the Immigration Law are authorized to change their migratory category. Thus, they may request a change to temporary residence for the continuity of the same activities.
Finally, this disposition enables the change of category to those foreigners who had entered the country through any category, with or without a previous visa, and who request a residence for family reunification reasons.
It is important to mention that no change of migratory category or subcategory will be applicable in those cases that have not been previously mentioned, and the holder of the visa will have to perform the activities for which he/she had been authorized at the time of entering the country, leaving the national territory within the term of stay authorized by the Immigration Law.
The General Directorate of Immigration of the National Direction of Migration is empowered to authorize, having founded intervention and when objective reasons support it, the granting of migratory category or subcategory outside the provisions of disposition 1520/2024.
