On 3rd April 2017, Regulation 1489/17 of the Argentine Migration Office (the “Regulation”) was published in the Official Gazette which modifies the requirements for granting permanent residence to minors.
The Regulation substitutes article 2 of Regulation 4880/2015, which established that minors were required to obtain the express consent of both parents (in cases where both parents hold parental rights) in order to be granted permanent residence.
This new regulation establishes that the express consent of only one parent is required to grant permanent residence (in cases where both parents hold parental rights) provided there is no conflict of any kind that may affect the best interests of the child or express opposition from the other parent.
For its part, article 645 of the Argentine Civil and Commercial Code (CCC) establishes the actions required for authorization of both parents, in the case of children under the responsibility of both parents, and includes in its subsection c) authorizing a departure from Argentina or a change of permanent residence abroad. However, said legislation does not include the requirement of double consent in order to manage an immigration process for a foreign minor in the country, nor for entry into National Territory.
Therefore, unless expressly opposed by the other (in accordance with article 641, subsections “a” and “b” of the Argentine Civil and Commercial Code), the authorization of just one parent will be sufficient to process immigration benefits in the country, as well as upon their entry – provided they do not meet the exceptional circumstances outlined in the special regulation regarding the entry and exit of minors.
