Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

1. Overview

MERCOSUR defines itself as a "regional integration process" created in 1991; Spanish and Portuguese are its "official working languages" (n.d.a). The Ministry of Foreign Affairs of Colombia indicates that MERCOSUR's "[p]residency is held for 6 months" and "rotates in alphabetical order" (Colombia n.d.). Its states parties are Argentina, Brazil, Paraguay, and Uruguay and its associated states include Chile, Colombia, Ecuador, Guyana, Peru, and Suriname (MERCOSUR n.d.b). Bolivia is "in the process of being incorporated by the congresses of the States Parties" while Venezuela's state party status is "suspended" (MERCOSUR n.d.b). According to El Mundo, a Madrid-based newspaper, Venezuela's membership was suspended [translation] "indefinitely" in August 2017 due to a "'rupture of the democratic order'" (2017-08-05). The population of MERCOSUR countries totals 295 million people (MERCOSUR n.d.c). MERCOSUR was founded on the "principles of democracy and economic development" and its "main objective has been to promote a common space that generates business and investment opportunities through the competitive integration of national economies into the international market" (MERCOSUR n.d.a). The organization has various agreements, including on "migratory, labour, cultural, and social matters" (MERCOSUR n.d.a).

2. Residence Rights of MERCOSUR Nationals in Other MERCOSUR Countries

According to Envoy, a "global immigration services provider" that assists companies to "hire and manage an international workforce" (Envoy n.d.), a "Residence Agreement" was signed by Argentina, Brazil, Bolivia, Chile, Colombia, Ecuador, Paraguay, Peru, and Uruguay (2022-05-03). Envoy notes that under this agreement, citizens of MERCOSUR states have the "right to reside and work in another member state for a maximum period of two years" (2022-05-03). The same source indicates that citizens of MERCOSUR states are eligible to apply for permanent residence "after two consecutive years of residence in a member state" (Envoy 2022-05-03).

The Agreement on Residence for Nationals of the States Parties of MERCOSUR, Bolivia and Chile (Acuerdo sobre Residencia para Nacionales de los Estados Partes del Mercosur, Bolivia y Chile) provides the following:

[translation]

The Republic of Argentina, the Federative Republic of Brazil, the Republic of Paraguay and the Oriental Republic of Uruguay are member states of MERCOSUR. The Republic of Bolivia and the Republic of Chile are associate members.

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Article 1

PURPOSE

Nationals of a member state who wish to live in another member state may obtain legal residency in that country under the terms of this Agreement, by validation of their nationality and submission of the requirements set out in Article 4 of this Agreement.

Article 2

DEFINITIONS

The terms used in this Agreement must be interpreted with the following scope:

"Member states" are states who are members of and associated to MERCOSUR;

"Nationals from a member state" are persons who hold original nationality from one of the members states or who have acquired nationality through naturalization and have thereto benefited for five years;

"Immigrants" are nationals from member countries who want to settle in the country of another member state;

"Country of origin" is the country of nationality of immigrants;

"Host country" is the new country of residence of immigrants.

Article 3

SCOPE OF APPLICATION

This Agreement applies to the following:

1. Nationals from one member state who wish to settle in the country of another, and who, at the respective consulate, file their entry application for the country and the documentation set out in the following article;
2. Nationals from one member state who are in the country of another and wish to settle there, and who, at the immigration service, file their regularization application and the documentation that is set out in the following article.

The procedure set out in paragraph 2 applies regardless of the immigration status the applicants had upon entry to the host country and will exempt them from fines or more onerous penalties.

Article 4

TYPE OF RESIDENCY AND REQUIREMENTS

1. Consular officials or the corresponding immigration services, depending on the case, may grant temporary residency of up to two years to the applicants referred to paragraphs 1 and 2 of article 3, by submitting the following documentation beforehand:
   
   1. A valid and in-force passport, identity card or certificate of nationality issued by the consular officer from the applicant's country of origin accredited in the host country, so that the applicant's nationality and identity are confirmed;
   2. A birth certificate and proof of civil status of the person and a certificate of nationalization or naturalization (certificado de nacionalización o naturalización), where appropriate;
   3. A certificate demonstrating no prior judicial and/or criminal and/or police records in the country of origin or in the countries where the applicant lived in the previous five years before coming to the host country or their application at the consulate, as the case may be;
   4. A sworn statement of no prior international criminal or police records;
   5. A certificate substantiating that the applicant does not have any prior legal and/or criminal and/or police records in the host country if it concerns nationals referred to in paragraph 2 of Article 3;
   6. A medical certificate issued by an immigration medical authority or another health official from the host country or country of origin, depending on the case, if required for entry by the domestic legislation of the member state, as the case may be, regarding the applicant's psycho-physical fitness in keeping with the domestic rules of the host country;
   7. Payment of a services tax, as per the respective domestic legislation.
2. Regarding the legalization of documents, when the application is processed at the consulate, a certificate of authenticity will suffice, in accordance with the procedures established in the country from where the document originates. When the application is processed by the immigration services, the document must only be certified by the consular officer from the applicant's country of origin, accredited in the host country, without further requirements.

Article 5

PERMANENT RESIDENCE

To make the temporary residency permanent, the applicant must report to the immigration authority in the host country, within ninety (90) days prior to its expiry and provide the following documentation;

1. The proof of temporary residency obtained under the terms of this Agreement;
2. A valid or in-force passport, identity card or certificate of nationality issued by the consular officer from the applicant's country of origin, accredited in the host country, so that the applicant's identity is confirmed;
3. A certificate that substantiates that the applicant has no judicial and/or criminal and/or police records in the host country;
4. Proof of lawful means of subsistence for the applicant and accompanying family members;
5. Payment of a services tax to the immigration services, as set out in the respective domestic legislation.

Article 6

FAILURE TO REPORT ON TIME

Once the immigrants' temporary residency, of up to two years granted pursuant to Article 4 of this Agreement, has expired and they do not report to the immigration authority in the host country, they will be subject to the domestic immigration legislation of the member state.

Article 7

EXCHANGE OF INFORMATION

Member states will send each other their respective national immigration regulations, as well as any subsequent amendments, and guarantee citizens from other member states who have obtained their residency, egalitarian treatment in terms of civil rights in accordance with their respective domestic legislation.

Article 8

GENERAL REGULATIONS ON ENTRY AND PERMANENT STATUS

1. Persons who have obtained their residency under the provisions of articles 4 and 5 of this Agreement have the right to freely enter, leave, travel within and stay in the host country, provided that they have complied with the set out formalities and without prejudice to any exceptional restrictions imposed for reasons of public order or public security.
2. Consequently, they are entitled access to any activity, whether self-employed or employed by others, under the same conditions as those of nationals from the host country, in compliance with the legal regulations of each country.

Article 9

RIGHTS OF IMMIGRANTS AND THEIR FAMILY MEMBERS.

1. EQUAL CIVIL RIGHTS: Nationals from member states and their family members who have obtained residency under the terms of this Agreement will enjoy the same rights and civil, social, cultural and financial liberties as those of the nationals in the host country, especially the right to work and carry out any lawful activity under the conditions set out in the laws; access to the authorities; enter, stay, transit through and leave the country of the member states; associate for lawful purposes and freely practice their religion in accordance with the laws that govern them.
2. FAMILY REUNIFICATION: For family members without the nationality of one of the members states, residency will be issued that is valid for a period equal to that of the person responsible for them, provided that they submit the documentation that is set out under Article 3 and that there are no constraints. If the nationality of family members requires a visa to enter the country, they must have the residency processed by the consular authority, except if pursuant to the host country's regulations, this requirement is not necessary.
3. TREATMENT EQUAL TO THAT OF NATIONALS: In the country of member states, immigrants will enjoy treatment no less favourable than that of nationals in the host country, regarding labour legislation, especially in terms of pay, working conditions and social security.
4. SOCIAL SECURITY AGREEMENTS: Member states will analyze the feasibility of entering into reciprocal social security agreements.
5. RIGHT TO TRANSFER REMITTANCES: Immigrants from member states have the right to freely transfer their income and personal savings to their country of origin, especially the funds required to support family members, in accordance with the domestic regulations and legislation of each of the member states.
6. THE RIGHT OF IMMIGRANT CHILDREN: Children of immigrants who were born in a member state will be entitled to have a name, register their birth and hold a nationality, as per the respective domestic legislation.

In a member state, children of immigrants will enjoy the basic right of access to education under conditions that are on par with those of nationals in the host country. Access to preschool establishments or public schools cannot be denied or restricted based on the irregular status of the parents.

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Article 11

APPLICATION OF THE MOST BENEFICIAL REGULATION

This Agreement will be applied without prejudice to domestic regulations or the provisions of each member state, which will be more favourable to immigrants. (MERCOSUR 2002, emphasis in original)

Envoy indicates that "[g]enerally," citizens of a MERCOSUR state "do not require a visa for entry into another member state and are only required to provide proof of citizenship in a member state" (2022-05-03). The International Organization for Migration (IOM) indicates that since the residence agreement was implemented in 2009, the "number of residencies granted has notably increased"; "[m]ore than 2 million residencies were granted, with Argentina issuing the most, followed by Chile and Brazil" (UN 2021-10-26).

A 2018 IOM report on the MERCOSUR residence agreement and its impact on migrants' rights states the following regarding the application of the agreement in its signatory countries:

[translation]

Argentina, Bolivia, Colombia, Peru and Uruguay comply with the immigration standards that apply to all the countries of the Agreement. Brazil and Ecuador are in the same situation, having recently (2017) approved new immigration regulations that are in the process of being fully regulated and applied. Two countries have different regulations: Paraguay, which nevertheless applies the Agreement to all signatory countries, and Chile, which applies it with limited scope. (UN 2018-01, 36)

The IOM report also indicates that the residence agreement [translation] "has not been incorporated into the Chilean legal system, [but rather] what exists is an administrative application of the agreement" (UN 2018-01, 34). According to the same source, Chile created a temporary MERCOSUR visa [in 2015 (MPI 2022-05-18)] available to citizens of Argentina, Bolivia, Brazil, Paraguay, and Uruguay, and for which applications must be made from within Chile (UN 2018-01, 35).

3. Employment Rights of MERCOSUR Nationals in Other MERCOSUR Countries

MERCOSUR's Social and Labor Declaration of the MERCOSUR 2015, which was signed by the presidents of the member countries and "adopts principles and rights in the area of work" (MERCOSUR n.d.d), provides the following:

CHAPTER II

INDIVIDUAL RIGHTS

SECTION 4

Non-discrimination

1. States Parties agree to ensure, in accordance with current legislation and national practices, effective equal rights, treatment and opportunities in employment and occupation, without discrimination or exclusion based on sex, ethnicity, race, colour, national extraction, nationality, sexual orientation, gender identity, age, creed, opinion and political and union activity, ideology, economic status or any other social, family or personal condition.
2. Every worker shall receive equal pay for work of equal value, in accordance with the laws in force in each State Party.
3. States Parties commit to ensure the observance of the principle of non-discrimination. In particular, they commit to undertake actions to eliminate discrimination with regard to disadvantaged groups in the labor market.

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SECTION 7

Migrants and border workers

1. All workers, regardless of their nationality, have the right to assistance, information, protection and equal rights and working conditions, as well as the right to access public services granted to nationals of the country where they are carrying out their activities, in accordance with the laws of each country.
2. States Parties shall take into account the rights set forth in the Agreement on Residence for Nationals of MERCOSUR States Parties, Bolivia and Chile, and other supplementary instruments that may be signed, of which they are parties.
3. States Parties agree to adopt and coordinate measures aimed at establishing common rules and procedures relating to the movement of workers in the border areas and to carry out the necessary actions to improve employment opportunities and working and life conditions of these workers, under the terms of specific agreements for this population on the basis of the rights recognized in the residence and immigration agreements currently in force.
4. States Parties also agree to develop coordinated actions in the field of legislation, labor policies, migration institutions and other related areas, with a view to promoting the free movement of workers and the integration of labor markets in a compatible and harmonious manner with the process of regional integration.

SECTION 8

Elimination of forced or compulsory labor

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4. States Parties specially agree to suppress all forms of forced, compulsory or degrading labor that can be used:

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e) as a measure of racial, social, national, religious or other kind of discrimination.

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SECTION 24

Professional training for employed and unemployed workers

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4. Furthermore, the States Parties agree to guarantee effective information on
job markets and its dissemination both on a national and regional level.

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SECTION 27

Social security

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2. The States Parties agree to guarantee, through connected and universal public policies, a minimum social protection network for their inhabitants, notwithstanding their nationality, in the face of adverse social contingencies, particularly those driven by illness, disability, old age and death. (MERCOSUR 2015, bold in original)

According to Envoy, Argentina, Brazil, Chile, Colombia, and Uruguay allow citizens of MERCOSUR states to "benefit from reduced application wait-times and do not require the individual to obtain sponsorship from a company for work authorization" (2022-05-03).

4. Education Rights of MERCOSUR Nationals in Other MERCOSUR Countries

The Educational Integration Protocol for the Continuation of Postgraduate Studies at the Universities of Member Parties of MERCOSUR (Protocolo de Integração Educacional para Prosseguimento de Estudos de Pós-Graduação nas Universidades dos Estados Partes do MERCOSUL) stipulates the following:

[translation]

The governments of the Oriental Republic of Uruguay, the Republic of Argentina, the Federative Republic of Brazil and the Republic of Paraguay, hereinafter called the State Parties, pursuant to the principles, purposes and objectives of the Treaty of Asunción, signed on 26 March 1991,

…

ARTICLE 1

The States Parties, through the competent organizations, shall recognize, solely for the purpose of post-graduate academic studies, university degrees issued by recognized Institutions of Higher Education.

ARTICLE 2

For the purposes of this Protocol, undergraduate degrees are considered to be those obtained in programs with a minimum duration of four years or two thousand and seven hundred course hours.

ARTICLE 3

The admission of foreign students in post-graduate programs will be governed by the same selection processes used by Institutions of Higher Education for national students.

ARTICLE 4

Undergraduate and post-graduate degrees governed by this Protocol shall be recognized, solely for academic purposes, by the competent bodies of each State Party. Such degrees shall not, per se, entitle [the holder] to exercise a profession.

ARTICLE 5

The person interested in applying for a post-graduate program will have to submit the appropriate undergraduate diploma, as well as the documentation that certifies what is set out in Article 2. The competent authority may require the submission of the documentation necessary to determine, for the degree submitted, the corresponding degree in the country hosting the applicant. If there is no equivalent degree, the suitability of the candidate's education for post-graduate studies will be examined, in accordance with the admission requirements, so that, if approved, the registration shall be authorized. All documentation must always be authenticated by the proper educational and consular authorities.

ARTICLE 6

Each State Party undertakes to inform the others of the recognized Institutions of Higher Education included under this Protocol.

ARTICLE 7

If States Parties have bilateral agreements or accords with provisions that are more favourable in the matter, those member states may invoke those provisions that they consider more advantageous. (MERCOSUR 1996, emphasis in original)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Colombia. N.d. Ministerio de Relaciones Exteriores. "Mercosur – Southern Common Market." [Accessed 2023-03-13]

El Mundo. 2017-08-05. Joan Royo. "Mercosur suspende a Venezuela indefinidamente." [Accessed 2023-04-13]

Envoy. 2022-05-03 (updated 2023-02-23). Jessie Butchley. "South America: What Is the Mercosur Residence Agreement?" [Accessed 2023-03-14]

Envoy. N.d. "About Us." [Accessed 2023-03-14]

Mercado Común del Sur (MERCOSUR). 2015. Social and Labor Declaration of the MERCOSUR. [Accessed 2023-03-14]

Mercado Común del Sur (MERCOSUR). 2002. Acuerdo sobre Residencia para Nacionales de los Estados Partes del MERCOSUR, Bolivia y Chile. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-03-15]

Mercado Común del Sur (MERCOSUR). 1996. Dec N° 08/96 - Protocolo de Integração Educacional para Prosseguimento de Estudos de Pós-Graduação nas Universidades dos Estados Partes do MERCOSUL. (MERCOSUL/CMC/DEC. No 8/96) Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-03-17]

Mercado Común del Sur (MERCOSUR). N.d.a. "MERCOSUR in Brief." [Accessed 2023-03-14]

Mercado Común del Sur (MERCOSUR). N.d.b. "MERCOSUR Countries." [Accessed 2023-03-16]

Mercado Común del Sur (MERCOSUR). N.d.c. "MERCOSUR in Figures." [Accessed 2023-03-22]

Mercado Común del Sur (MERCOSUR). N.d.d. "Labor Affairs, Employment and Social Security." [Accessed 2023-04-14]

Migration Policy Institute (MPI). 2022-05-18. Cristián Doña-Reveco. "Chile's Welcoming Approach to Immigrants Cools as Numbers Rise." [Accessed 2023-03-22]

United Nations (UN). 2021-10-26. International Organization for Migration (IOM). "Migration Data in South America." Migration Data Portal. [Accessed 2023-03-24]

United Nations (UN). 2018-01. International Organization for Migration (IOM). Evaluación del Acuerdo de Residencia del MERCOSUR y su incidencia en el acceso a derechos de los migrantes. Cuadernos migratorios No 9. [Accessed 2023-03-24]

Additional Sources Consulted

Internet sites, including: Austrian Red Cross – ecoi.net; Bertelsmann Stiftung; Bolivia – Ministerio de Gobierno; Brazil – Ministério das Relações Exteriores; Council on Foreign Relations; EU – European External Action Service, Election Observation Mission; Global Forum on Migration and Development; Handbook of Migration and Global Justice; Handbook of South American Governance; Human Rights Watch; Organisation for Economic Co-operation and Development – OECD iLibrary; Organization of American States – Caribbean Trade Reference Centre, Foreign Trade Information System; Peoples Dispatch; Thomson Reuters; UN – International Labour Organization, Office of the High Commissioner for Human Rights, Refworld, ReliefWeb, UNESCO, UN News; US – Department of State; World Bank.