Uruguay published the decree to reopen its borders: when and what are the conditions for entering

The government of Uruguay this week released the Decree 279/021, by which allows entry of foreign owners who prove they are vaccinated against the coronavirus, including family members, as of September 1.

“An additional exception is made to the partial border closures currently in effect,” said Ricardo Domnguez, accountant and director of Rica Consultores. The specialist in tax procedures and legal stay of foreigners in Uruguay clarified that the entry into the country of “foreign owners of real estate and holders of shareholdings or social shares legal persons and final beneficiaries of real estate located in the country, who prove that they are immunized “against the coronavirus, “As of September 1, 2021, accompanied by their relatives.”

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Given the uncertainty generated by the evolution of the pandemic, “it would be a more than auspicious moment for all owners who enter to carry out the procedures for their permanent Mercosur legal residence in the country and thus avoid being affected by measures which again limit the entry of foreigners, ”Domnguez suggested.

According to the detail, The decree includes among the persons authorized to enter the spouse or de facto spouse of the owner and relatives “of the first and second degree of consanguinity”. That is to say “the owners, holders of shares, final beneficiaries of real estate in Uruguay with their relatives”. Family, for the purposes of income by this mechanism, was defined as follows in relation to the owner, shareholder, partner or ultimate beneficiary of real estate in Uruguay:

• a) at the first degree of consanguinity: children and parents;
• b) with the second degree of consanguinity: grandparents, brothers and sisters and grandchildren.

However, according to the specialist there is a series of questions “which still remain in gray and which will have to be clarified in the coming days”. He noted that in the regulations “I need to include kinship by affinity, it is they who link one spouse with the blood relatives of the other, for example, with her father-in-law, her daughter-in-law and her brother-in-law “.

“It is also necessary to analyze the property situation of a person who acquired the property in community of property, but titled in the name of a single spouse; what happens with the relatives of the person who does not have the property in his name. expressly includes it, they should also be considered as included, ”said Domnguez, anticipating the problems that will arise later for many Argentines in this situation.

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In this sense, he illustrated: “For example, it would be very unfair if in a marriage one of them could bring his parents or his siblings and the other could not. Something similar could happen in a cohabiting couple. All must be studied in detail the concepts, particular case and thus know the entry fee of each member of the family and how to prove it. The important thing to underline is that this regulation is broader than family reunification, which only authorizes minor children, spouses, partners and parents ”.

One by one, the formal conditions to enter:

1- Owners and holders of participations or shares and final beneficiaries of real estate located in Uruguay must present a notarial certificate issued by a notary public in Uruguay or make a declaration on honor of property in Uruguay, which in case of false declaration the provisions of article 239 of the Penal Code will be applied, they can enter from September 1, 2021 accompanied by their relatives (from three to 24 months in prison for anyone presenting false data).

2- The cases in which the owner of the property is a legal person are considered, allowing the income of natural persons registered as partners of companies, shareholders and in the case of beneficiaries final results arising from the declaration presented to the correspondent central bank of Uruguay.

3- Property owner and family members must demonstrate immunity with a coronavirus vaccine to enter either one or two doses, depending on the type of vaccine, approved by their country of origin, within six months of dispatch or arrival in the country and respecting the respective waiting periods to obtain effective immunity.

It is logical that even the combination of vaccines from different laboratories should be admitted, provided that it is proven that they have received the corresponding doses and completed the period of effectiveness to achieve immunity, and without the age being greater than six months.

4- In the case of foreign citizens under the age of 18, who come from a country where no coronavirus vaccine has been approved for their age group, must adhere to administrative segregation of 7 days plus a negative swab or 14 days of quarantine, and his family must remain in the same isolation as the minor did.

5- All must prove a PCR test with a negative result before traveling, it is not necessary to carry out a quarantine, unless you are admitted with unimmunized minors under the age of 18. In this case, all members must perform the corresponding quarantine.

6- It is important have affidavit forms to prove: owner, partner or shareholder or final beneficiaries of real estate in Uruguay and accreditation of persons immunized against Covid-19 by the application of one or two doses as the case may be, extremes necessary to advance in the corresponding process.

“Until now, the opening of the borders has not been established for immunized foreigners who enter Uruguay after November 1, 2021. Obviously, the government is awaiting the evolution of infections in our country and the development of the new Delta strain, our president He has undertaken to proceed with said opening and if nothing negative happens, we believe it will happen, ”concluded the consultant.

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