Argentina has one of the most developed immigration rights protection systems in Latin America. The National Constitution, international treaties with constitutional rank — the 1951 Refugee Convention and 1967 Protocol — and domestic legislation all oblige the State to provide protection to foreigners in a vulnerable situation.
There are two main avenues: humanitarian residence under art. 23 sec. m) of Law 25.871 (administered by the DNM) and recognition as a refugee under Law No. 26.165 (processed before CONARE). Each has its own requirements, scope and procedures. We advise on which applies to each situation and accompany the process to its conclusion.
Humanitarian residence — art. 23 sec. m) Law 25.871
Humanitarian residence is a category of temporary residence designed for persons in a vulnerable situation who do not necessarily fall within the technical definition of refugee but deserve protection. It is granted by the DNM, generally for periods of 1 to 3 years, renewable while the circumstances that justified its grant persist.
Active special humanitarian regimes
- Ukraine — DNM Disposition No. 417/2022: 3-year temporary residence for humanitarian reasons, with no immigration fees. In force for the duration of the conflict. Those who obtained residence in March 2022 are already reaching expiry and must apply for permanent residence
- Haiti — DNM Disposition No. 1143/2017: special regime with no expiry date. In force due to the ongoing political crisis and the effects of natural disasters
- Senegal — DNM Disposition No. 940/2022: active special regularization regime
- CARICOM, Dominican Republic and Cuba — DNM Disposition No. 941/2022: active regularization regime for nationals of these countries
Revoked or expired humanitarian regimes
- Venezuela (2024 regime) — DNM Disposition No. 388/2024: expired. Venezuelans may only apply under the general humanitarian category or other ordinary avenues
- Syria Program — Disposition No. 3915/2014, revoked by No. 1752/2024. No new applications accepted
Refugee status — Law No. 26.165 and CONARE
Refugee status is a distinct institution: it involves recognition by the Argentine State that the person cannot return to their country due to a well-founded fear of persecution on grounds of race, religion, nationality, membership of a particular social group or political opinion. It is processed before the National Commission for Refugees (CONARE), an inter-ministerial body created by Law 26.165.
How the procedure works
- Filing the asylum application before CONARE or a border immigration authority
- Obtaining the first precaria — a provisional document certifying legal status during the process
- Interview at CONARE — the central stage where the applicant presents the circumstances of their case
- Production of evidence and official investigation
- CONARE decision — favorable or unfavorable
- Appeal before the Eligibility Committee and, if warranted, before the federal courts
What refugee recognition grants
- Argentine DNI and permanent residence
- Right to work and study
- Refugee travel document (similar to a passport)
- Possibility of accessing Argentine citizenship after 2 years
- Protection against return (non-refoulement principle)
Refugee status or humanitarian residence?
The choice between the two avenues depends on the circumstances of the case, the strength of the persecution narrative, the available evidence and the urgency. In general, refugee status provides greater protection and leads more quickly to permanent residence, but the CONARE procedure is more demanding and lengthy. Humanitarian residence is faster and more accessible, although its renewal depends on the persistence of the circumstances. In many cases both avenues are compatible and it is advisable to pursue them in parallel.
Why choose Tchestnykh & Asociados
- Experience with active humanitarian regimes: Ukraine, Haiti, Senegal, CARICOM
- Professional preparation for the CONARE interview
- Dual strategy where possible (humanitarian residence + refugee status in parallel)
- Multilingual service — including Russian, Ukrainian and English
- Temporary residence
- Permanent residence
- Appeals against DNM