Recent Law on Residence in our country.
In recent years, numerous international or national companies and organizations have been established in our country, hiring foreign qualified personnel and/or labor; as well as it has become very common for managerial positions to be held by foreigners. Professional practice in advising this type of companies has highlighted the frequent need to process the Residence of those foreigners who settle in our country to carry out work or commercial activities. Since Residence is a mandatory requirement for obtaining a Uruguayan identity document, in order to be able to carry out any type of work activity in our country. It is essential to highlight that foreigners can only work and be registered with the competent authorities, and be beneficiaries of social security once they have obtained their Uruguayan identity card. Likewise, companies are required to request the start of the residence process for foreign personnel, in order to avoid offenses and infractions before the different public bodies.
Recently, our country has approved a new Law No. 19,254, which establishes the possibility of obtaining permanent residence in Uruguay for nationals of Mercosur member countries or associates, as well as for relatives of Uruguayans. The main objective of this law is to facilitate the obtaining of Permanent Residence for those in this situation through a more accessible process with fewer requirements.
WHO CAN BENEFIT FROM THIS LAW?
This law enables and facilitates obtaining permanent residence for foreign nationals from Mercosur Member and Associate States. These are: Argentina, Brazil, Paraguay, Venezuela, Chile, Peru, Ecuador, and Colombia. As well as for those foreigners who are spouses, partners, parents, siblings, and/or grandchildren of Uruguayan nationals.
WHAT IS THE COMPETENT AUTHORITY?
The competence to grant residence in these cases will fall to the Ministry of Foreign Affairs, and no longer to the Ministry of the Interior. Likewise, the process can be initiated abroad before entering the country, at any Consular Office of the Republic.
STREAMLINING OF THE PROCESS
The process remains personal, with the advantage that it is reserved for a specific day and time; avoiding the inconveniences of queues and waiting for numbers. - On the other hand, the process becomes free and it is no longer necessary to prove the means of subsistence of the person wishing to start it. - Likewise, the delay in granting Residence has been reduced to 30 days.
FOREIGNERS NOT COVERED BY THIS NEW LAW
Those foreigners who do not meet the requirements of this recent regulation must apply for Residence at the Ministry of the Interior - National Directorate of Migrations; with the requirements demanded by said authority. Law No. 18,250 applies. On the other hand, those foreigners who are temporarily residing in our country, for a period of less than 180 days, for a specific work activity, may avail themselves of the provisions of art. 8 of Decree 694/09, which enables the processing of a provisional identity document. They must prove to the National Directorate of Migrations the activity that gives rise to the request, the duration of it, and information regarding the remuneration. Once these requirements are met, the Directorate will issue a certificate for the granting by the National Directorate of Civil Identification of the provisional identity document; with which the worker can be registered with BPS and MTSS.
IMPORTANCE FOR COMPANIES TO REQUIRE RESIDENCE FOR ALL FOREIGN PERSONNEL
Public bodies establish offenses or infractions for hiring foreign personnel without the necessary documentation, which are considered - Very serious - (being the most expensive in terms of fines from the MTSS and establish a precedent). Foreign personnel until they have a Uruguayan identity card, cannot be registered on the MTSS payroll, nor can they be beneficiaries of social security. Once the process has started, the person obtains the status of Resident in process, and has the same rights as a foreigner who has already obtained residence in our country; being able to be provisionally registered with BPS as a Resident in process
Final Reflection
It should be emphasized the importance for companies and international or national organizations operating in our country and hiring foreign personnel; to have adequate advice. As well as in the case of foreigners who decide to settle in Uruguay before starting their own ventures in this country. Such advice is essential in order to: evaluate the different particular situations of the interested party; seek advice on preparing the documentation prior to the Residence process for each particular case; obtain the final legalization of the documentation before the corresponding authorities in Uruguay; notarial service for the certification of documents required for the process; request to start the process before the National Directorate of Migrations and/or the Ministry of Foreign Affairs; advice before each state agency where they must go; follow-up of the file throughout the processing period.
Montevideo, December 22, 2014.
