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01 — MIGRATION & CITIZENSHIP

Family reunification residence in Argentina: live legally together with your family

Family separation is one of the most painful aspects of emigration. Argentine law recognizes this and guarantees foreigners the right to family reunification as one of the fundamental principles of immigration policy (art. 10 of Law No. 25.871). If your loved ones already live in Argentina — as citizens or residents — you have the right to be with them legally.

DNU No. 366/2025, in force since May 29, 2025, reorganized this category by incorporating it as an autonomous subsection in art. 23 sec. ñ) of Law 25.871, with stricter requirements than before. We handle each case with full awareness of the new legal parameters.

Who can access family reunification?

The law limits reunification to the direct line of kinship and the spousal tie. Siblings and other collateral relatives are not covered by this category, although they may eventually access other residence avenues.

Relative of an Argentine citizen (by birth, naturalization or option)

  • Spouse or partner in a registered domestic partnership
  • Father or mother
  • Son or daughter

Relative of a permanent or temporary resident in Argentina

  • Spouse or partner in a registered domestic partnership
  • Father or mother
  • Son or daughter under 18 years of age, unmarried
  • Adult son or daughter with a disability

Duration and path toward permanent residence

Temporary residence for family reunification is granted for a period of up to 3 years — or for the duration of the family member's residence in Argentina — with the possibility of extension and the right to multiple entries and exits. After 2 years of continuous lawful residence, it becomes possible to apply for permanent residence.

For relatives of Argentine citizens the path may be shorter: pursuant to art. 22 of Law 25.871, spouses, children and parents of Argentine citizens may access permanent resident status directly without going through temporary residence.

Proving the genuine family tie

The law requires not only a formal tie but proof of a genuine family relationship: cohabitation, emotional and economic interdependence among family members. Formal kinship without an effective relationship is not sufficient — a point where DNU 366/2025 notably tightened the standard.

  • Valid passport of the applicant
  • Marriage certificate, birth certificate or other document evidencing the family tie
  • Documentation evidencing the Argentine residence or citizenship of the anchor family member
  • Criminal background certificate from the country of origin and from Argentina
  • Evidence of cohabitation and genuine family relationship: rental contracts, photographs, communications, witness statements, money transfers
  • All documentation with apostille and official translation into Spanish

Tightening under DNU 366/2025

DNU 366/2025 introduced significant changes to the family reunification category: the existence of convictions for intentional crimes constitutes an absolute ground for denial, and family ties no longer automatically protect against deportation. Careful legal preparation of the documentation is therefore more important than ever. We build the file to convincingly demonstrate the reality of the family relationship and leave no room for doubt for the immigration authority.

Why choose Tchestnykh & Asociados

  • Detailed knowledge of the new DNU 366/2025 regime
  • Professional construction of evidence for the genuine family tie
  • Support of the Argentine citizen or resident family member
  • Defense against potential denials or requests for additional information
  • Temporary residence
  • Permanent residence
  • Appeals against DNM
  • Unconstitutionality of DNU 366/2025